Bespoke website design service (with or without online shop) – Terms and conditions
Preamble
The following Special Terms and Conditions for the Maze Digital Website Design Service (with or without Online Store) apply in addition to our General Terms and Conditions and our Privacy Policy.
The Bespoke Website Design Service (with or without Online Store) is a premium, bespoke service.
A. Website Design Service
General
The Website Design Service is a service in which Maze Digital builds a website for You based on Your individual information and the technical capabilities of the respective Website Design Service package detailed in Your order. Once the website has been created, you have the right for Maze Digital to implement changes to the website within the scope of the service agreed by contract and order form.
Terms and conditions of service and contact
2.1 Within the Website Design Service, the website is built based on Your wishes and the technical possibilities of the respective website design service package.
2.2. The staff of the service can be contacted by telephone from Monday to Friday between 10:00-16:00 (except public holidays that fall on a working day) and by e-mail at support@maze-digital.com.
2.2.2. The services correspond to the respective valid service area of the basic website design service package. The service includes the component “website construction” but also other services offered by Maze Digital such as “Website maintenance/maintenance including hosting”. These are variable depending on your order. Use in combination with hosting products of other hosting providers is in principle excluded unless stated in the order.
2.3 Product guarantee – The guarantee is for a period of 12 months from the time of launch. The warranty covers the proper functioning of the website (with or without online shop) and does not cover cases where the Customer or third parties have made changes to the product, changes that lead to functioning problems, both technical and graphical, as an example:
– visual changes to the website
– changes in the site code
– installation of modules not tested by Maze Digital, which may lead to incompatibilities with the product supplied
2.3.1 The warranty does not cover any incompatibility problems between the site modules
2.3.2 The guarantee does not cover problems arising from changes to the hosting platform, for Customers wishing to launch the site on a third party hosting service
2.3.3 A master copy of the product will be retained by Maze Digital for a period of 5 years from the time the Customer wishes to launch the product. This copy will also be provided to the Client at the launch of the site.
Change of tariff
3.1 It is possible to change at any time to a larger package of Website Design services or to extra changes requested by the Client to the supplier. A price will be provided after detailing the changes requested by You.
3.2 A money back guarantee within 15 calendar days from the date of order is possible in principle but excluded for cases where the Client's project has been completed or is at least 50% complete.
Contract duration, invoicing
4.1 The contract for the website design service (with or without online shop) is variable depending on the chosen package from the Online Store or from a manual order. The duration of the contract is stated in the product ordered or in the order. The duration of the contract may be extended on request or by mutual agreement.
4.2 The fee for this service is calculated and invoiced when your project is established.
Website creation process (with or without online shop)
In the Website Design Service, the website is created based on the individual information provided by You and the technical possibilities of the respective project.
5.1. Website structure
5.1.1. Website construction includes the creation of a website, with or without an online shop, with a scope of 3 to 7 individually designed pages (depending on the features written in the order form) for publication under a web domain
5.1.2. An interactive onboarding conversation, including the collection of complete customer information, forms the basis for building the website.
5.1.3. Following consultation with you, the selection of a layout appropriate to the business sector and the adaptation of a colour scheme will be determined
5.1.4. You will be asked to provide files and information for the construction of the website. These are suitable images, additional text and content, and, if applicable, your company logo.
5.1.5. If you do not comply with your obligations, Maze Digital has the right, after repeated requests from you, to use data which it can access independently and which, in its opinion, would be suitable for your website. Maze Digital will prepare a proposal for your website based on this information.
5.1.6. Once the textual content has been determined, the home page of your website will be optimised for search engines from a technical point of view (to be distinguished from “SEO – Search Engine Optimisation” services – Maze Digital does not offer such a service).
5.1.7. Changes and corrections to the website may be submitted by You to Maze Digital at any time during the creation phase, within the service times mentioned above. The execution time of the changes depends on the respective scope of the changes as well as the technical feasibility.
5.1.8. During the website creation phase you will receive updates on the current production status of your website, for example to remind you to release the website or to provide missing content. You will only be sent messages related to customer service or the production process, you will not be contacted for advertising purposes unless you wish to be contacted.
5.1.9. Files needed for the construction of your website can be sent via email but also via file sharing services (like WeTransfer). All files must be provided in a suitable digital format. Accepted file formats and sizes will also be communicated to you.
5.1.10. General terms and conditions, imprint, data protection statements and other legal texts are not created by Maze Digital for You. Only one additional page for each of the imprint and data protection statement will be created and completed with the content provided by You. You assume sole responsibility for the completeness and accuracy of the legal texts provided to Maze Digital for inclusion on Your site.
5.1.11. Once the website has been finalised and notified by the Website Design Service staff, You can decide for Yourself if and when Maze Digital will launch Your website. Before publication, You must check that all content on the website is complete, correct and legally compliant. The website is available on a domain of the Maze Digital system until it is moved and launched on your domain. It is used to test websites or applications, it is freely accessible from the internet but under an anonymous domain name.
B. Website maintenance / upkeep
This is a separate service within the Website Design Service, whereby Maze Digital, after creating the website for You, takes over the maintenance and updating of the existing website. You can opt in to this service if you wish.
The website created by Maze Digital is NOT updated and maintained after the launch of the website. If you request adjustments or changes to the website or its content, these will be implemented on the website in accordance with the scope of service contractually agreed by Maze Digital. Any changes to the website requested by you that go beyond the scope of the service (such as a complete redesign or new website structure) are not contractually owed by Maze Digital unless Maze Digital is responsible for the need for the change. Only Maze Digital has administrative access to the website and its content BEFORE DELIVERY to you. You may use a text editor (within the upload centre) to independently adapt existing text on the website. You assume sole responsibility for the completeness, correctness and legal compliance of the texts adapted by You using the text editor.
C. Custom Programming Service
This is a separate service within the Website Design Service, whereby Maze Digital, after creating the website for You, can make changes on request. You can opt in to this service if you wish.
D. Rights and obligations for the Website Design Service
The rights and obligations apply to the Maze Digital services described under “Website Design Service” and “Website Maintenance Service”.
Customer rights and obligations
1.1. You are obliged to comply with applicable law. You are obligated to provide your website with a provider identification (“Imprint”) that meets legal requirements. You are responsible for the content of Your domain. You must ensure that the information you provide for the purpose of installation on Your Website In particular, the data made available or presented on the Website or accessible through the Website does not infringe the rights of third parties, violate applicable law, morality or the provisions of the General Terms and Conditions and the Special Terms and Conditions. You assume full responsibility that the data provided by it for the purpose of installation on your website, entered or fed by it, in particular with competition, trademark, domain, name, personality, data protection and copyright law are in accordance. in addition, you undertake not to make available or upload or post content that
(1) contain pornographic or obscene material,
(2) glorify war, terror or other acts of violence,
(3) are likely to seriously endanger the morals of children or young people,
(4) depict persons in a manner that violates human dignity and/or reproduce a real event without there being an overriding legitimate interest in such reporting,
(5) incites hatred against, incites violent or arbitrary action against, or attacks the human dignity of others by insulting segments of the population or a national, racial, religious or ethnic group, or by maliciously defaming or slandering segments of the population or one of the aforementioned groups,
(6) depict cruel or inhuman acts of violence against humans or animals in a manner that glorifies or trivialises such acts of violence or portrays the cruel or inhuman nature of the event in a manner that violates dignity,
(7) Capable of denying, insulting, threatening or slandering others.
(8) The above obligations apply accordingly to references (“hyperlinks”) established by you on the Website to such third-party content.
1.2 You must ensure that you own all necessary rights to the content files you have provided.
1.3. If the content files provided by you are not appropriate (for example, if they contain too low a resolution of images), Maze Digital reserves the right to replace the content material provided by you with content material (images and text) customary in the industry, at its sole discretion. If You do not provide any content of Your own, Maze Digital has the right, after prior agreement, to provide You with the appropriate content and to integrate this content into the website after consultation with You. This content may not be used in any other way by You. In particular, Maze Digital does not provide the design of a (brand) logo or company name, nor does it provide legal advice on the designs you wish.
Rights and obligations of Maze Digital
2.1. Maze Digital has the right to reject, block or delete certain content provided by You for the purpose of installation on the website or domain You want, if there are justified doubts (e.g. assertion of claims by third parties) about the existence of Your necessary rights. You will be informed about the rejection, modification, blocking or deletion by e-mail.
2.2. In addition, Maze Digital has the right to refuse Your requested modification requests if they are technically or temporally unreasonable, if their number exceeds what is reasonable from the point of view of an objective third party or if their number or content appears arbitrary from the point of view of an objective third party. You will be informed of the rejection of your amendment request(s) by e-mail or telephone.
2.3. If You request that Maze Digital integrate applications, software or similar from third parties (hereinafter referred to as “additional features”), You simultaneously consent to Maze Digital using the respective third party's terms of use, such as general terms and conditions or license terms, on Your behalf, accept that You must configure these additional features independently and send Maze Digital an appropriate code snippet.
3. Compensation and liability
3.1 You agree to indemnify Maze Digital and hold it harmless upon demand from any claim by any party that your website or its content infringes any rights (including, without limitation, intellectual and any other proprietary rights) or applicable Laws. To mitigate any harm caused by such claims, Maze Digital reserves the right (which shall be exercised in its sole discretion) to disable or suspend the Website until such claims are resolved.
3.2. The limits of Maze Digital's liability are as set out in the General Terms and Conditions, which can be found at https://myaccount.maze-digital.com/general-terms-and-conditions-of-service/ .