Terms and conditions

§ 1 Scope

(1) These terms and conditions apply to all contracts between P&M-Studios, [First and last name], [Street and number], [Postcode and city] ("we", "us"), and our customers for the development of custom software (in particular Minecraft plugins), server setups, maintenance and support services, and the licensing of our ready-made products.

(2) Customers may be consumers (§ 13 BGB, German Civil Code) or businesses (§ 14 BGB). Deviating terms of the customer only apply if we expressly agree to them in text form.

§ 2 Conclusion of contract

(1) The presentation of our services and products on this website is not a binding offer.

(2) We accept requests through a ticket on our Discord server or by email. Based on the request, we send the customer an offer in text form that states the scope, price and timeline.

(3) The contract is concluded when the customer accepts the offer in text form, for example with a message in the ticket or by email. The contract languages are German and English.

§ 3 Prices and payment

(1) The prices stated in the offer apply. The offer states whether and how much VAT is charged.

(2) Payment method and due date are set out in the offer. For larger orders, the offer may provide for a deposit or for payments in stages as parts of the project are completed.

§ 4 Services and customer cooperation

(1) The scope of our services is set out in the accepted offer. Changes and additions must be agreed in text form and may change the price and the timeline.

(2) The customer provides us in good time with the information needed and, where necessary, with access (for example to a test server). If the work is delayed because this cooperation is missing, agreed deadlines are extended accordingly.

§ 5 Acceptance

For custom-developed software, the customer checks the delivered work after handover and either declares acceptance or informs us of defects. Acceptance may not be refused because of insignificant defects. In all other respects, the statutory rules on acceptance (§ 640 BGB) apply.

§ 6 Rights of use

(1) Upon full payment, the customer receives a simple (non-exclusive), non-transferable right, unlimited in time, to use the delivered software on the servers they operate, unless the offer states otherwise. Until full payment, use is only permitted on a revocable basis.

(2) Without our consent in text form, the customer may not resell, pass on or publish the software. This also applies to the source code if it is delivered.

(3) For our ready-made products, the scope of the licence (for example for one server or one network) is set out in the offer.

(4) We may continue to use general know-how and program parts that are not specific to the customer, which we use or develop during the work, for other projects.

§ 7 Warranty

(1) The statutory rights in the event of defects apply. For consumers, §§ 327 et seq. BGB also apply to digital products.

(2) We only owe compatibility with versions of Minecraft, server software or plugins released after handover if this is agreed in the offer. Statutory update obligations towards consumers remain unaffected.

(3) We are not liable for errors caused by changes made to the delivered software by the customer or third parties.

§ 8 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely, our liability is limited to the foreseeable damage typical for this type of contract.

(3) In all other respects, liability for slight negligence is excluded.

(4) The customer is responsible for regularly backing up their server data. In the event of data loss, we are only liable for the effort that would have been needed to restore the data had it been backed up properly.

§ 9 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for contracts concluded through Discord or by email. We send the withdrawal instructions and the model withdrawal form in text form together with our offer.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not remove the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(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 arising from this contract is our place of business.

(3) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

(4) If any provision of these terms is invalid, the validity of the remaining provisions is not affected.

This is a translation. The German version of these terms and conditions is the binding one.