General Terms and Conditions

Bemuar Technology (sole proprietorship – small business)
Owner: Muhammet Arpacık
Lutonstraße 1
38444 Wolfsburg, Germany
E-mail: [email protected] · Phone: +49 173 3799388
Hereinafter the “Provider”. Version: July 2026

These Terms and Conditions are a translation provided for your convenience. The customer relationship is governed by German law; in the event of any discrepancy, the German version of these Terms prevails.

§ 1 Scope & Contracting Parties

These General Terms and Conditions (“Terms”) apply to all contracts concluded between the Provider and its customers regarding the services offered by the Provider. The subject matter of the contract includes in particular IT services, web design and web development, SEO and online marketing, network technology and Wi-Fi, the installation, configuration and maintenance of IP camera systems (excluding electrical installation work), firewall and VPN solutions, backup solutions, the arrangement of hosting and domains, and IT consulting.

These Terms apply equally to consumers and entrepreneurs, unless individual clauses expressly apply only to one of these groups. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into the legal transaction, acts in the exercise of its trade, business or profession (§ 14 BGB).

The version of these Terms valid at the time the contract is concluded applies. Deviating, conflicting or supplementary terms and conditions of the customer do not become part of the contract unless the Provider expressly consents to their validity in text form. The Provider’s Terms also take precedence if the Provider performs the service without reservation while being aware of conflicting customer terms.

§ 2 Conclusion of Contract

The Provider’s quotations are non-binding and subject to change unless expressly designated as binding. They constitute an invitation to the customer to submit a binding offer.

By placing an order – in writing, by e-mail, by phone or via the website – the customer submits a binding offer to conclude a contract. The contract is formed as soon as the Provider confirms the order in text form (order confirmation) or begins performing the service. An offer submitted by the Provider and expressly marked as binding is valid – unless stated otherwise – for 30 days from the date of the offer.

§ 3 Scope of Services & Changes

The scope of the services owed follows from the respective quotation or order confirmation. Depending on the type of service, the contract qualifies as a service contract or a contract for work. For services and consulting, the Provider owes professional performance but not a specific economic result; this applies in particular to SEO and online marketing services, whose outcome depends on numerous factors beyond the Provider’s control (e.g. search engine algorithms, competition).

Changes to or extensions of the agreed scope require a separate agreement. Additional work exceeding the agreed scope will be remunerated separately on a time-and-materials basis after prior consultation. The Provider is entitled to engage suitable subcontractors and third parties to fulfil the contract.

§ 4 Customer’s Obligations to Cooperate

The customer shall provide the Provider with all content, information, access, credentials and materials required for performance in good time, in full, in suitable form and free of charge, and shall name a responsible contact person.

The customer warrants that it holds all necessary usage, copyright and other rights to the content it provides (e.g. texts, images, logos, graphics, videos, data) and that use of such content within the scope of the order does not infringe any third-party rights or violate any statutory provisions. The customer shall indemnify the Provider on first demand against all third-party claims asserted against the Provider on account of content provided by the customer, including reasonable costs of legal defence. This indemnity does not apply insofar as the customer is not responsible for the infringement.

If the customer fails to meet its obligations to cooperate in good time or properly, agreed deadlines shall be extended appropriately; any resulting additional work may be charged separately.

§ 5 Prices & Payment Terms

The prices stated in the quotation or order confirmation apply. As a small business within the meaning of § 19 UStG, we do not charge value added tax and therefore do not show it separately. The stated prices are final prices; no VAT identification number exists.

Unless agreed otherwise, invoices are due for payment without deduction within 14 days of the invoice date. For larger projects, the Provider is entitled to request a reasonable down payment and instalments in line with project progress. Timeliness of payment is determined by receipt of the amount by the Provider.

If the customer defaults on payment, the statutory provisions apply (§ 286 BGB). The default interest rate is five percentage points above the base rate for consumers and nine percentage points above the base rate for entrepreneurs. The right to claim further damages remains reserved. A customer who is an entrepreneur has a right of set-off or retention only to the extent that its counterclaims have been legally established, are undisputed or have been acknowledged by the Provider.

§ 6 Dates & Deadlines

Stated dates and deadlines are binding only if the Provider has expressly confirmed them as binding in text form. Otherwise they are estimated, non-binding indications.

Delays caused by the customer’s late or incomplete cooperation, or by circumstances for which the Provider is not responsible (force majeure, operational disruptions, failure of suppliers, official measures, etc.), extend binding deadlines accordingly. The Provider will inform the customer of such delays without undue delay.

§ 7 Rights of Use & Copyright

The agreed rights of use in the works and results created by the Provider – in particular websites, layouts, graphics, source code, scripts, concepts and configurations – transfer to the customer only after full payment of the remuneration owed for them. Until full payment, all rights remain with the Provider; prior delivery or activation does not create a different transfer of rights.

Unless expressly agreed otherwise, the customer receives a simple, non-exclusive right of use for the contractually intended purpose. The Provider is entitled to name and present the customer and the services rendered for reference purposes, unless the customer objects in text form.

Third-party and open-source components used, as well as software, fonts, images or media of third parties, are subject to the respective licence terms of their rights holders; the rights therein remain with the respective licensors. The customer is obliged to comply with the applicable licence terms.

§ 8 Warranty / Defects

The statutory warranty provisions apply unless otherwise specified below. For works, the Provider is initially entitled to subsequent performance; if subsequent performance fails, the customer may reduce the price or withdraw from the contract in accordance with the statutory provisions.

Towards entrepreneurs, the warranty period for works is twelve months from acceptance or delivery, to the extent legally permissible; this does not apply in cases of intent, gross negligence, fraudulently concealed defects, or injury to life, body or health. If the customer is an entrepreneur, it must give notice of obvious defects without undue delay after delivery; the commercial duties to inspect and give notice (§ 377 HGB) remain unaffected. Towards consumers, the statutory warranty periods apply unchanged.

§ 9 Liability

The Provider is liable without limitation for damage arising from injury to life, body or health, for damage caused intentionally or by gross negligence, under an assumed guarantee, and under the Product Liability Act.

In the event of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract at the time it was concluded. Any further liability for simple negligence is excluded.

The Provider is not liable for loss of data insofar as such loss results from the customer’s failure to perform data backups at reasonable intervals, thereby ensuring that lost data can be restored with reasonable effort. The customer is itself responsible for regular backups of its data in line with the state of the art. The above limitations of liability also apply for the benefit of the Provider’s vicarious agents and subcontractors.

§ 10 Term & Termination

For maintenance, support and other continuing services, the terms and notice periods agreed in the quotation apply. If no term is agreed, either party may terminate the contract by giving 30 days’ notice to the end of the month.

The right of both parties to terminate extraordinarily for good cause remains unaffected. Good cause exists for the Provider in particular if the customer is significantly in default with due payments or repeatedly breaches material contractual obligations. Termination must be given at least in text form. Services already rendered up to the effective date of termination shall be remunerated.

§ 11 Right of Withdrawal for Consumers

Consumers have a statutory right of withdrawal for contracts concluded by means of distance communication (e.g. by phone, e-mail or via the website). Entrepreneurs have no right of withdrawal.

Withdrawal Notice

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Bemuar Technology, owner Muhammet Arpacık, Lutonstraße 1, 38444 Wolfsburg, Germany, e-mail: [email protected], phone: +49 173 3799388) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees as a result of this reimbursement.

Early expiry of the right of withdrawal for services. If you requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of withdrawal in respect of this contract, compared with the total scope of the services provided for in the contract. The right of withdrawal expires in the case of a contract for the provision of services if we have fully performed the service and only began performance after you gave your express consent and, at the same time, confirmed your awareness that you would lose your right of withdrawal upon full performance of the contract by us (§ 356 (4) BGB).

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

§ 12 Data Protection

The Provider processes the customer’s personal data in accordance with the applicable data protection provisions, in particular the General Data Protection Regulation (GDPR/DSGVO) and the German Federal Data Protection Act (BDSG). For details on the nature, scope and purpose of processing and on your rights, please refer to our Privacy Policy.

§ 13 Final Provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Towards consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by the mandatory provisions of the law of the state of the consumer’s habitual residence.

If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider’s registered office in Wolfsburg. The place of performance is Wolfsburg, to the extent this can be validly agreed.

Should individual provisions of these Terms be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Amendments and additions to the contract require at least text form.

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.