Terms and Conditions

1. Scope and contracting parties

These Terms and Conditions apply to all contracts for the conception, creation, hosting and maintenance of a website („Website-as-a-Service“) between Felix Straub, trading as „SwiftLabs Studio“ („SwiftLabs“), based in Nürnberg, Germany, and its customers.

The offering is directed at both business customers and consumers within the meaning of § 13 of the German Civil Code (BGB). Statutory rights that mandatorily apply to consumers - in particular the right of withdrawal under §§ 355 et seq. BGB (see our separate withdrawal notice) - remain unaffected by these Terms. Conflicting or deviating terms proposed by the customer do not become part of the contract unless SwiftLabs expressly agrees to them in writing.

2. Subject matter and formation of contract

The subject matter of the contract is not a one-off delivery of work but an ongoing service: SwiftLabs designs and builds a website for the customer (one-time setup) and subsequently hosts, operates and maintains that website on an ongoing basis for the duration of the chosen subscription.

The customer sends a non-binding enquiry to SwiftLabs (via the contact form, by email or by phone). SwiftLabs then issues a quote in text form stating the package, scope of services, fixed price and the chosen care-tier; unless stated otherwise, the quote is valid for 14 days. The contract is formed when the customer accepts that quote in text form (e.g. by email) and SwiftLabs confirms the acceptance by order confirmation, or at the latest when SwiftLabs actually begins the conception and creation work. The display of packages and prices on the website does not constitute a binding offer, but an invitation to enquire.

3. Scope of services

SwiftLabs offers three setup packages: Starter Website (from €2,400 net), Business Website (from €4,900 net) and Website System (from €9,900 net). For the „from“ prices, the stated amount is the base scope; any scope beyond that (additional pages, features, integrations) is agreed separately and in advance with the customer. In addition, the customer selects a monthly care-tier: Hosting, Standard or Growth, each with a different scope of included services (among other things, the scope of included change requests; the Growth tier additionally includes ongoing SEO maintenance and analytics).

SwiftLabs endeavours to complete and launch the website promptly after the customer has provided a complete briefing - typically within a few business days. Any time frames communicated in this context (e.g. on the marketing website or in the app) are non-binding indicative estimates for the typical case, not a guaranteed deadline or warranty; actual duration depends in particular on the completeness and quality of the content supplied by the customer and on current workload.

4. Usage rights and ownership

The source code, technical implementation and hosting infrastructure of the website remain the property of SwiftLabs. For the duration of the contract, the customer receives a simple, non-exclusive, non-transferable right to use the website created for them within the agreed scope (to make it publicly accessible and to operate it). The customer has no claim to delivery of the source code, either during or after the end of the contract.

All content provided by the customer (text, logos, images, trademarks and other material) remains the property of the customer. The customer grants SwiftLabs the usage rights to that content necessary to perform the contract (incorporation, editing, making publicly accessible as part of the website) and warrants that it is entitled to provide and permit the use of that content and that no third-party rights are infringed. The customer indemnifies SwiftLabs against third-party claims arising from a breach of this warranty.

The domain under which the website is accessible belongs to the customer and remains their sole property. SwiftLabs only requires a DNS record on the customer's domain pointing to the infrastructure operated by SwiftLabs.

5. Change requests and fair use

In the Standard and Growth care-tiers, minor change requests to existing text, images and content on the website are included in the monthly subscription; the Hosting tier does not include ongoing change requests. Submitted change requests are typically implemented within three business days.

Included are adjustments within the existing page structure and existing design (fair use), not a fundamental redesign, structural rebuild, additional pages or features outside the booked package - such requests are agreed separately between the parties. Only one change request per website may be in progress at a time; in the event of evidently abusive or disproportionately high use (e.g. circumventing the one-request limit by splitting requests into many small ones), SwiftLabs may reasonably prioritise or delay processing.

6. Customer's duty to cooperate

The customer provides the content required for conception and implementation (text, images, logos, brand assets) completely and in a timely manner, promptly grants requested approvals, and carries out or cooperates in the DNS change to their domain required for launch. Delays caused by the customer's late or incomplete cooperation are not attributable to SwiftLabs and shift the indicative time frames stated in Section 3 accordingly.

7. Prices and payment terms

All stated prices are net of the applicable statutory value-added tax. The setup fee is due once, upon formation of the contract; SwiftLabs issues an invoice for it and provides a payment link from the payment service provider Stripe. Unless stated otherwise on the invoice, invoiced amounts are payable in full within 14 days of the invoice date. The monthly subscription for the chosen care-tier is billed in advance for the current billing month and collected via the payment method provided by the customer.

If the customer defaults on a due payment, SwiftLabs is entitled, after prior notice and a reasonable grace period, to temporarily take the website offline (withholding of performance) until the outstanding amounts are settled. Further statutory rights arising from payment default remain unaffected.

8. Term and termination

The monthly subscription runs for an indefinite period and may be terminated by the customer at any time with effect from the end of the current billing month - informally in text form, for example by email to the address stated in the legal notice. Each party's right to extraordinary termination for good cause remains unaffected.

Upon termination of the contract, the customer's right to use the website ends and the website is taken offline. Setup fees already paid are not refunded, as the corresponding service (conception and creation) has already been rendered. On request, after the end of the contract SwiftLabs will provide the customer with the customer's own content originally supplied (text, images, logos) in common file formats; there is no claim to delivery of the source code or the technical implementation, here either (see Section 4).

SwiftLabs is entitled to terminate the contract for good cause if the customer, despite a reminder and a reasonable grace period, remains in default of payment or breaches Section 10 of these Terms (impermissible content).

9. Availability

SwiftLabs aims for industry-standard availability of the hosted website. Short, announced maintenance windows (e.g. for updates or migrations) as well as outages outside SwiftLabs' sphere of influence (e.g. at upstream infrastructure providers, force majeure) are not covered by this. 100% availability is not owed.

10. Impermissible content

The customer may not distribute unlawful, content harmful to minors, discriminatory, or third-party-rights-infringing content via the website created by SwiftLabs. SwiftLabs is entitled to refuse to create or provide such content and, in case of reasonable suspicion, to temporarily suspend access to the affected website until the suspicion is cleared or the content is removed.

11. Liability

SwiftLabs is liable without limitation for intent and gross negligence, under the German Product Liability Act, and for damages resulting from injury to life, body or health. For slightly negligent breaches of material contractual obligations (cardinal obligations) - obligations whose fulfilment enables the proper performance of the contract in the first place and on whose observance the customer may regularly rely - SwiftLabs' liability is limited to the foreseeable damage typical for this type of contract at the time of formation. Otherwise, liability for slightly negligent breaches of duty is excluded, in particular for lost profit and indirect damages. The above limitations of liability apply accordingly for the benefit of SwiftLabs' legal representatives and vicarious agents.

12. Data protection

Information on the processing of personal data in connection with this website and the customer area https://app.swiftlabs.studio is set out in our privacy policy.

13. Final provisions

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Nürnberg, Germany. Mandatory statutory places of jurisdiction for consumers remain unaffected.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected; the invalid provision shall be replaced by the applicable statutory rule.

These Terms are also available in a German original. For legal purposes, only the German version is authoritative.