~/reshape/legal/terms
Terms and conditions
Working terms for development, web design, administration and individually agreed hosting.
Working draft — complete the marked details before public launch.
Contracting party and scope
The contracting party is [FULL LEGAL PROVIDER NAME / LEGAL FORM / ADDRESS], trading as Reshape Media. Contact: info@reshape-media.com. We serve consumers and businesses. Mandatory consumer protections remain unaffected.
This working draft has not been approved for incorporation into contracts. Once approved, terms apply only if validly incorporated before contract formation. Individually negotiated agreements take precedence.
Enquiry, offer and contract formation
The website presents services. Sending a form or hosting enquiry and creating an account are not paid orders and do not by themselves create a service contract. We assess your needs and may issue a specific offer.
A contract requires matching acceptance of a concrete offer identifying scope, contracting party, price, dates and any term. Automatic price, hour and duration estimates are non-binding planning aids, not guarantees or binding quotations.
Scope and changes
Development and web design follow the agreed functionality and acceptance criteria. Administration agreements specify covered systems, access, activities, maintenance windows and any response times. Outcomes, round-the-clock support and availability commitments apply only where specifically agreed.
Changes to an agreed scope are assessed for cost, effort and timing and agreed before chargeable implementation.
Cooperation and security
Customers provide required lawfully usable information and content, contacts and necessary permissions. Credentials should be exchanged only through a separately agreed secure channel. Appropriate protection, backup and recovery responsibilities are agreed for the project.
Delays caused by missing cooperation are discussed transparently. Statutory rights and required deadlines remain unaffected. No automatic flat-rate compensation for every delay is established here.
Prices, payment and ongoing services
Agreed prices and payment dates govern. Consumers receive total prices including applicable taxes and unavoidable components. Business offers identify the tax treatment. The website alone does not establish automatic payment or renewal terms.
Instalments, billing intervals, minimum periods, notice and renewals must be disclosed before contracting and comply with legal limits. Statutory rules apply where there is no different valid agreement.
Hosting and referrals
Hosting is offered on individual enquiry. Each offer identifies whether Reshape Media is the hosting provider or introduces a separate provider. For a referral, the hosting contract is with that identified provider, whose terms must be available before acceptance. Reshape Media remains responsible for its own agreed services.
Agreed server locations are within the EU, predominantly Germany. Each offer specifies the location, provider, resources, availability commitments, backups, support and termination route. These terms do not promise uninterrupted availability or blanket backups.
Rights in work and third-party components
The nature, extent and timing of rights in bespoke software, design and documentation are agreed in the offer. Source-code delivery, modification rights, exclusivity and reference use are separately agreed; permission for reference use is not presumed.
Rights and licence conditions for third-party and open-source components remain applicable and are identified where relevant.
Acceptance, defects and liability
Statutory acceptance rules apply to an agreed work result. Project-specific testing and acceptance criteria may be agreed. This draft does not deem silence or initial use to be automatic acceptance.
Statutory rules govern defects, damages and other liability. This draft does not shorten statutory warranty periods or impose a blanket liability cap.
Consumer rights and withdrawal
Consumers may have a statutory withdrawal right when contracting at a distance. Before such a contract they receive complete, contract-specific withdrawal information and the model withdrawal form on a durable medium. Bespoke development or digital delivery does not automatically exclude consumer rights.
Early performance and any expiry of withdrawal rights require the applicable statutory conditions and, where required, separate express declarations. An enquiry or account registration does not waive those rights.
[BEFORE CONSUMER CONTRACTING, IMPLEMENT THE APPROPRIATE WITHDRAWAL INFORMATION/FORM, CONFIRMATION AND ANY REQUIRED ONLINE WITHDRAWAL FUNCTION UNDER SECTION 356A BGB AND TERMINATION FUNCTION UNDER SECTION 312K BGB. CURRENT ENQUIRY FORMS ARE NOT A CHECKOUT].
Confidentiality and privacy
Confidential project information is used for the agreed collaboration and shared only with authorised people, unless disclosure is legally required. Processing personal data on instructions requires the necessary processing agreement and instructions. The privacy policy additionally covers website and account data.
Dispute resolution and final provisions
[ALIGN THE STATEMENT ON WILLINGNESS OR OBLIGATION TO PARTICIPATE IN CONSUMER DISPUTE RESOLUTION WITH THE LEGAL NOTICE; IDENTIFY THE COMPETENT BODY WHERE REQUIRED].
No exclusive jurisdiction clause is imposed against consumers. Mandatory statutory rights and protections are preserved. Statutory provisions govern matters not covered and any invalid terms.
Dated 22 October 2026. Complete the provider details and review the actual offer, consumer and hosting processes before using these terms.
