TOS

Terms of Service

§ 1 Scope and Contracting Parties

1. These Terms of Service apply to all contracts between N3XT-Agency GbR, Oldenburger Straße 25b, 90425 Nürnberg and its customers. 2. The contracting party is N3XT-Agency GbR (Leon Holetz & Kilian Dickmann). 3. Deviating TOS of the customer require express written agreement.

§ 2 Subject Matter and Conclusion of Contract

1. The Contractor offers services in Discord server creation, bot development, and strategic consulting. 2. The website presentation is an invitation to submit an offer. 3. A contract is concluded upon explicit order confirmation or beginning of service execution.

§ 3 Prices and Terms of Payment

1. All quoted prices are final prices unless otherwise stated. 2. In accordance with § 19 UStG (German small business regulation), no VAT is charged or shown. 3. A 50% down payment is due upon order placement. The remaining 50% is due upon completion. 4. Payments are due within 14 days of invoicing.

§ 4 Customer's Duty of Cooperation

1. The Customer shall provide all required information and access in a timely manner. 2. Delays caused by insufficient cooperation extend delivery deadlines accordingly.

§ 5 Acceptance and Warranty

1. The Customer is obliged to accept upon completion notification. 2. Acceptance is deemed granted if the Customer does not report material defects within 7 days of the completion notification and has been expressly informed of the significance of this conduct at the start of the period (§ 640 (2) BGB). 3. Statutory warranty rights apply.

§ 6 Right of Withdrawal for Consumers

1. Consumers (§ 13 BGB) have a statutory 14-day right of withdrawal for distance contracts and off-premises contracts (§§ 312g, 355 BGB). 2. The right of withdrawal expires early if we have fully performed the service and only began performance after the consumer gave express consent and confirmed knowledge that the right of withdrawal is lost upon full performance (§ 356 (4) BGB). 3. If the consumer requests performance before the withdrawal period expires and then withdraws, a proportionate amount for services already rendered is payable (§ 357a BGB). 4. The full withdrawal instruction including the model withdrawal form is available at: n3xt-agency.com/widerruf

§ 7 Disclaimer and Limitation of Liability

1. Unlimited liability for intent and gross negligence. 2. For slight negligence, we are liable only for breaches of essential contractual obligations (cardinal duties), limited to the foreseeable damage typical for this type of contract. 3. Liability for injury to life, body or health remains unaffected. 4. No liability for third-party failures (Discord API, hosting providers).

§ 8 Copyright and Rights of Use

1. All works are protected by copyright. 2. Upon full payment, a simple, unlimited right of use is granted for the contractually intended purpose.

§ 9 Final Provisions

1. German law applies, excluding UN CISG. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence. 2. For merchants, exclusive jurisdiction is Nuremberg. 3. Invalid provisions do not affect remaining provisions.