General Terms and Conditions (AGB)

Version: August 2026 — This is a courtesy translation. The German version is legally binding.

§ 1 Scope, contracting parties

(1) These terms govern all contracts between VILOQA — owner Marvin Vesper, Guntherstr. 65, 50996 Cologne, Germany ("VILOQA") and its customers regarding the creation, provision and ongoing care of websites and related services (domain registration, hosting, maintenance).

(2) VILOQA's offering is directed exclusively at businesses within the meaning of § 14 of the German Civil Code (BGB). Contracts with consumers (§ 13 BGB) are not concluded.

(3) Deviating terms of the customer do not become part of the contract unless VILOQA expressly agrees to them in writing.

§ 2 Subject of the contract

(1) VILOQA creates an individual website for the customer (design, copy, imagery, technical implementation) and provides it under one of the two following models. The scope of the website build is identical in both models; the models differ in payment and usage structure.

(2) Rental model: the customer receives the website for use during the contract term. The monthly fee includes hosting, SSL, domain registration and renewals, technical maintenance, and content changes to a reasonable extent on request.

(3) Purchase model: the customer acquires the website for a one-time payment. The first contract year includes hosting, SSL, domain and content changes to a reasonable extent. From year two the customer chooses between the full-service subscription (§ 5 (3)) and free self-management (§ 5 (4)).

(4) A free, non-binding design preview ("demo website") prior to contract conclusion creates no payment obligation.

§ 3 Conclusion of contract

(1) The presentation of services on VILOQA's website does not constitute a binding offer. The contract is concluded when the customer accepts an individual offer from VILOQA (usually by email) and makes the first payment via the provided payment link, or at the latest when the website is activated for the customer.

(2) Upon conclusion, the customer confirms acting as a business within the meaning of § 14 BGB.

§ 4 Prices and payment

(1) The prices agreed at conclusion apply, currently: rental €39 per month; purchase €699 one-time; full-service subscription for purchasers from year two €19 per month.

(2) Pursuant to § 19 of the German VAT Act (small business scheme), no VAT is charged or shown.

(3) Payment is processed via the payment provider Stripe. Monthly fees are due in advance.

(4) If the customer is in default with a not insignificant amount, VILOQA may — after an unsuccessful reminder with a reasonable deadline — temporarily deactivate the website. The payment obligation remains unaffected.

§ 5 Term, termination, buy-out option

(1) Rental: the minimum term is 12 months. Thereafter the contract continues indefinitely and may be terminated by either party with one month's notice to the end of a month. Upon termination the domain is handed over to the customer (§ 7 (2)); provision of the website ends. There is no entitlement to the website files under the rental model.

(2) Buy-out option (rental model): the customer may purchase the website at any time for €699, with 50% of the monthly fees paid so far credited; a minimum transfer fee of €99 applies. Upon full payment the purchase model applies.

(3) Full-service subscription (purchase model, from year two): terminable monthly with one month's notice to the end of a month.

(4) Self-management (purchase model): upon request VILOQA hands over the website files and the domain in full and provides reasonable assistance with migration to a hosting provider of the customer's choice. Thereafter VILOQA has no ongoing obligations.

§ 6 Customer obligations

(1) The customer provides the information required for the website in good time and in full, in particular the mandatory legal information (imprint, privacy policy) and desired content, copy, images and logos.

(2) For content provided by the customer, the customer warrants holding the necessary usage rights and that the content does not infringe third-party rights, and shall indemnify VILOQA against third-party claims arising from such content upon first request.

(3) The customer, as operator of the website, is responsible for the accuracy of the mandatory legal information. VILOQA provides structured templates but does not provide legal advice.

§ 7 Domain

(1) VILOQA registers the agreed domain in the customer's name and with the customer's data. The customer is always the owner of the domain.

(2) Upon contract end VILOQA assists with transferring domain management to the customer or a provider named by the customer (e.g. by releasing the auth code). From handover the customer bears the ongoing domain costs.

(3) The terms of the relevant registry (e.g. DENIC for .de domains) apply in addition.

§ 8 Usage rights

(1) Rental: the customer receives the simple, non-transferable right to use the website for their own business purposes for the duration of the contract.

(2) Purchase (including an exercised buy-out option): upon full payment the customer receives the perpetual, transferable right to use, modify and further develop the website. Stock media used by VILOQA remain subject to the license terms of the respective provider.

(3) VILOQA may reference the website created for the customer as a portfolio item unless the customer objects.

§ 9 Hosting and availability

(1) VILOQA provides hosting via established infrastructure providers and aims for high availability. As with all internet services, uninterrupted availability cannot be guaranteed.

(2) Maintenance that may cause brief interruptions is carried out outside usual business hours where possible.

§ 10 Warranty and liability

(1) VILOQA is liable without limitation for intent and gross negligence and for injury to life, body or health.

(2) In cases of simple negligence VILOQA is liable only for the breach of essential contractual obligations, limited to the foreseeable damage typical for this type of contract.

(3) Liability under the German Product Liability Act remains unaffected.

(4) For data loss VILOQA is liable only to the extent the loss would also have occurred with proper data backups by the customer, unless data backup is contractually VILOQA's responsibility.

§ 11 Data protection

Information on the processing of personal data can be found in the privacy policy. Where VILOQA processes personal data on the customer's behalf as part of hosting, the parties will conclude a data processing agreement (Art. 28 GDPR) upon request.

§ 12 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is Cologne, Germany.

(3) Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

(4) The German version of these terms is authoritative; translations are provided for information only.