General Terms and Conditions
Last updated: June 2026
This English version is a non-binding convenience translation. In the event of any discrepancy, the German version is legally authoritative.
1. Scope
These General Terms and Conditions (GTC) apply to all contracts, services and offers of Digital Mind Agency Ltd., Evagora Pallikaridi 38, 8010 Paphos, Cyprus (HE 428155), represented by Oliver Albrecht (the "Agency"), towards its clients (the "Client"). They are primarily addressed to entrepreneurs acting in the course of their commercial or independent professional activity. If, by way of exception, a consumer (ยง 13 German Civil Code, BGB) concludes a contract, the mandatory consumer protection provisions take precedence; their right of withdrawal is set out in our withdrawal policy. Deviating or conflicting terms of the Client only become part of the contract if the Agency expressly agrees to them in writing.
2. Subject matter and services
The Agency provides services in the areas of custom and software development, online marketing, web design and media production (including photography, film and 360-degree tours). The specific scope of services follows from the respective offer, the order confirmation or a separate project agreement. Unless a specific result is expressly owed, the Agency owes the professional performance of the agreed activity, but not a particular economic outcome (e.g. rankings, reach or revenue).
3. Offer and conclusion of contract
Offers made by the Agency are non-binding unless they are expressly designated as binding. A contract is concluded upon the Agency's written order confirmation or upon commencement of the services. Side agreements, amendments and additions require text form.
4. Performance and subcontractors
The Agency is entitled to engage suitable third parties (subcontractors) to provide the services. In this case the Agency remains the Client's contractual partner. The Agency is free in its choice of means and design, unless otherwise agreed.
5. Client's duties to cooperate
The Client provides the Agency with all information, content, materials and access required for the provision of the services in good time, completely and in suitable form. The Client warrants that it holds the necessary rights to the content it provides (e.g. texts, images, logos, data). Delays caused by missing or late cooperation are not to the Agency's detriment.
6. Dates and deadlines
Dates and deadlines are only binding if they have been expressly agreed in writing as binding. If the service is delayed for reasons for which the Agency is not responsible (in particular missing cooperation by the Client or force majeure), agreed deadlines are extended reasonably.
7. Remuneration and payment terms
The remuneration agreed in the offer or order confirmation applies. Unless otherwise agreed, all prices are exclusive of the applicable statutory taxes; towards consumers, prices are total prices including statutory VAT. The Agency is entitled to request reasonable advance payments and instalments according to project progress. Unless otherwise agreed, invoices are due without deduction within 14 days of the invoice date. In the event of default of payment, the Agency is entitled to charge statutory default interest and to suspend ongoing work until outstanding amounts are settled.
8. Rights of use and copyright
For the works created by the Agency (e.g. software, designs, texts, photo and film recordings), the Agency grants the Client the rights required for the agreed use. The rights of use are only granted upon full payment of the remuneration owed for them. Unless expressly agreed otherwise, rights are granted only for the contractually intended purpose and scope; a transfer to third parties or use beyond the contractual purpose requires the Agency's consent. The Agency is entitled to name the services provided for reference purposes and to present them in an appropriate form, unless the Client objects on legitimate grounds.
9. Acceptance
Where work results are owed, the Client examines the result without undue delay after it is provided and declares acceptance. If the Client does not accept a service that conforms to the contract within a reasonable period, or uses the service productively, acceptance is deemed to have taken place.
10. Warranty
The Agency warrants the performance of its services in accordance with the contract. Defects must be reported comprehensibly and without undue delay. The Agency is initially entitled to subsequent performance. If subsequent performance fails within a reasonable period, the Client is entitled to the statutory rights. No guarantee is given for the constant availability of third-party services (e.g. hosting, platforms, interfaces).
11. Liability
The Agency is liable without limitation for intent and gross negligence as well as for damage arising from injury to life, body or health. In the case of simple negligence, the Agency is only liable for the breach of a material contractual obligation (cardinal obligation) and limited in amount to the foreseeable damage typical for the contract. Any further liability is excluded. For the loss of data, the Agency is only liable to the extent that the damage would have occurred even with proper and regular data backup by the Client.
12. Confidentiality
The parties undertake to keep secret all confidential information of the other party that becomes known in the course of the cooperation and to use it only for the purposes of the contract. This obligation continues to apply after termination of the contract.
13. Data protection
The Agency processes personal data only within the framework of the applicable data protection laws (in particular the GDPR). Details can be found in our privacy policy. If the Agency processes personal data on behalf of the Client as a processor, the parties conclude a separate data processing agreement pursuant to Art. 28 GDPR. If a project involves setting up sign-up or information services, our General Information Contract Terms apply in addition for the respective end users.
14. Term and termination
One-off project contracts end upon full performance and payment. Continuing obligations (e.g. ongoing support, maintenance) may be terminated with 30 days' notice to the end of the month, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Terminations require text form.
15. Final provisions
The law of the Republic of Cyprus applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is, to the extent legally permissible, Paphos, Cyprus. Mandatory statutory provisions at the Client's habitual residence remain unaffected. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by the legally permissible rule that comes closest to the economic purpose.