General terms and conditions of business

Status: July 2026

These General Terms and Conditions (hereinafter “Terms and Conditions”) apply to all contracts between

Invicta Media
Andreas Kempken
275 New Rd
PMB 3139
London N1 7AA
United Kingdom

E-mail: office@invicta-media.de

These Terms and Conditions apply to all contracts for services and digital services concluded between Invicta Media and its customers.

They apply in particular to the following services:

• Web design
• Web development
• Software development
• NovaPress CMS
• Hosting
• Domain registration
• Server services
• Cloud services
• Search engine optimization (SEO)
• Online marketing
• AI-powered services
• Maintenance and support contracts
• Advice and training

These General Terms and Conditions apply to both entrepreneurs (§ 14 BGB) and consumers (§ 13 BGB), unless individual provisions contain different regulations.

The presentation of the services on the website does not constitute a legally binding offer, but rather a non-binding invitation to submit an inquiry.

A contract is only concluded through:

• written order confirmation,
• acceptance of an offer by the customer,
• Provision of a hosting or software service or
• Start of service provision by Invicta Media.

Invicta Media reserves the right to reject orders without giving reasons unless there is a legal obligation to conclude a contract.

The specific scope of services results exclusively from the respective offer, the service description, the project contract or a separate written agreement.

There are no verbal additional agreements. Changes and extensions to the scope of services require the consent of both contractual parties.

The customer undertakes to provide all information, content, access data and releases required to carry out the project in a timely manner.

The customer is solely responsible for the legality of the content he provides. He ensures that the use of the content does not infringe the rights of third parties.

Delays that arise due to late cooperation from the customer extend the agreed delivery and service deadlines accordingly.

Changes or extensions requested by the customer after the contract has been concluded can lead to additional costs and an adjustment to agreed delivery dates.

Invicta Media is entitled to create a separate supplementary offer for change requests.

Only the prices agreed in the respective offer or contract apply. Unless otherwise stated, all prices are in the agreed currency plus any applicable statutory taxes, if these are levied.

Invoices are due for payment immediately upon receipt without deductions unless a different payment deadline has been agreed.

Invicta Media is entitled to demand appropriate advance payments or advance payments, particularly for individual developments, hosting projects or larger software projects.

If the customer defaults on a payment, Invicta Media is entitled to claim statutory default interest and other damages caused by default.

If payment defaults continue, Invicta Media can temporarily suspend or block services after prior notice, provided there are no mandatory legal regulations to the contrary.

Invicta Media offers hosting, cloud and server services on its own and rented servers.

The provision takes place according to the respective hosting contract.

There is no claim to uninterrupted availability of 100%. This excludes intentional or grossly negligent breaches of duty.

Scheduled maintenance work can lead to short-term interruptions. As far as possible, these will be announced in good time.

Invicta Media is entitled to carry out maintenance work, security updates or system updates to the extent necessary to maintain operations.

The registration of domains is carried out exclusively on behalf of the customer.

There is no entitlement to the successful registration of a desired domain.

The customer is solely responsible for compliance with trademark, name or other intellectual property rights regarding a domain.

Domain fees must also be paid if a domain is canceled early or not used, if the registrar charges these fees.

As part of the contract, Invicta Media provides email inboxes.

The customer undertakes to use these exclusively within the framework of the applicable legal regulations.

Sending spam, mass emails, malware or illegal content is prohibited.

In the event of violations, Invicta Media is entitled to temporarily block affected mailboxes or services if this is necessary to prevent misuse or to comply with legal requirements.

Invicta Media creates regular system backups at its sole discretion.

These backups are used exclusively for system restoration. The customer is only entitled to have individual files restored if this has been expressly agreed.

The customer is obliged to also make his own backup copies of his data.

Maintenance and support services are only provided to the agreed extent.

Services not covered by the maintenance contract will be billed based on effort in accordance with the applicable price list.

Support requests can be made via email, ticket system or other agreed communication channels.

Unless a service level agreement (SLA) has been made, there are no guaranteed response or troubleshooting times.

Individually developed software is created in accordance with the agreed service description.

Functions or extensions that are not expressly agreed are not part of the contract.

Requests for changes after the start of the project may cause additional effort and will be charged separately.

Invicta Media is entitled to use suitable open source components or libraries for development, provided this does not result in any significant disadvantages for the customer.

Invicta Media may use artificial intelligence systems to provide individual services.

AI-generated content is created to the best of our knowledge, but may contain errors, inaccuracies or incomplete information.

The customer is obliged to check all delivered content on his own responsibility before publishing it.

Liability for decisions, publications or economic consequences due to AI-generated content is excluded within the framework of the legal regulations, unless there is an intentional or grossly negligent breach of duty.

If the service owed is of the nature of a work contract, the customer is obliged to inspect and accept the service provided immediately after completion, provided it corresponds to the contractual agreements.

Acceptance can occur expressly or through conclusive behavior. In particular, productive use of the delivered website, software or other service is considered conclusive acceptance.

If there is no written notification of significant defects within 14 calendar days of provision, the service is deemed to have been accepted provided that the customer was previously informed of this consequence and there are no mandatory legal regulations to the contrary.

After full payment of the agreed remuneration, Invicta Media grants the customer the simple, non-exclusive right to use the individually created services, unless otherwise agreed in the respective contract.

The granting of further usage rights requires an express written agreement.

All usage rights remain with Invicta Media until full payment has been made.

Unless expressly agreed in writing, there is no right to the release of source code, development files, project files, drafts, design templates or internal documentation.

If the release of the source code is expressly agreed, this will only take place after all claims from the respective project have been paid in full.

Open source components and their respective license conditions remain unaffected.

All designs, graphics, layouts, texts, software, programming and other work results created by Invicta Media are subject to copyright or comparable intellectual property rights.

The customer undertakes not to remove copyright notices or other intellectual property rights markings without consent, unless there is a legal right to do so.

Invicta Media is entitled to use completed projects as a reference in an appropriate manner, in particular by mentioning the company name and displaying screenshots or a link to the publicly accessible website.

This does not apply if the customer expressly objects to reference use or if it conflicts with overriding legitimate interests.

The statutory warranty rights apply unless otherwise stipulated in these General Terms and Conditions.

The customer is obliged to report obvious defects immediately after they are discovered so that they can be checked and, if necessary, rectified.

In particular, errors caused by improper use, unauthorized changes by the customer or third parties, or by incompatible hardware or software do not constitute defects.

Invicta Media is fully liable for intent and gross negligence as well as for damages resulting from injury to life, body or health.

In the case of simple negligence, Invicta Media is only liable for the breach of essential contractual obligations (cardinal obligations). In this case, liability is limited to the foreseeable damage that is typical for the contract, to the extent permitted by law.

Liability under mandatory legal regulations, in particular product liability law, remains unaffected.

The customer is solely responsible for all content provided by him.

He ensures that the use or publication of this content does not violate the rights of third parties and does not violate any legal regulations.

The customer releases Invicta Media from legitimate claims by third parties that are asserted based on the content provided by the customer, to the extent that the customer is responsible for the breach of duty.

If Invicta Media is temporarily unable to provide services or can only provide services to a limited extent due to force majeure, official measures, strikes, natural events, failures of telecommunications networks or other unforeseeable events, this will not result in any claims for damages, to the extent permitted by law.

The term of contracts depends on the respective contractual agreement.

Permanent contracts can be terminated by both contracting parties subject to the agreed notice period.

The right to extraordinary termination for good cause remains unaffected.

An important reason exists in particular if:

• the customer defaults on payments despite a reminder,
• legal regulations or these terms and conditions are violated,
• the services are used improperly or unlawfully or
• the continuation of the contractual relationship becomes unreasonable for one party.

Hosting and domain contracts can be terminated subject to the agreed notice period.

Fees already incurred and fees from registration agencies or third-party providers remain due even in the event of early termination, to the extent that this is contractually agreed or permitted by law.

After the end of the contract, Invicta Media is entitled to discontinue hosting and email services and to delete stored data after statutory or contractual retention periods have expired.

The customer is obliged to make backup copies of his data independently before the end of the contract.

Both contracting parties undertake to keep all confidential information that becomes known as part of the cooperation secret and to use it exclusively for the implementation of the respective contract.

This obligation also applies beyond the termination of the contractual relationship.

The processing of personal data takes place exclusively in accordance with the applicable data protection regulations.

Details can be found in Invicta Media's current data protection declaration.

The contracting parties recognize communication by email as a permissible means of communication.

The customer is obliged to have a functioning email address available and to communicate any changes to his contact details immediately.

Invicta Media reserves the right to change these General Terms and Conditions provided there is an objective reason for doing so and the customer is not unreasonably disadvantaged as a result.

The customer will be informed in good time about any significant changes.

The law of England and Wales applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless this conflicts with any mandatory statutory consumer protection regulations.

In the case of contracts with consumers, the mandatory protective regulations of the country in which the consumer has his habitual residence remain unaffected, provided that these apply in accordance with the applicable conflict of law provisions.

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 the contractual relationship is the registered office of Invicta Media in the United Kingdom, to the extent permitted by law.

The statutory jurisdiction regulations apply to consumers.

Invicta Media is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board unless there is a legal obligation.

If individual provisions of these General Terms and Conditions are or become wholly or partially invalid or unenforceable, the effectiveness of the remaining provisions remains unaffected.

The invalid or unenforceable provision will be replaced by the legally permissible provision that comes closest to the economic purpose of the original provision.

Subsidiary agreements, changes or additions to these General Terms and Conditions must be in text form unless a stricter form is prescribed by law.

The current version of these General Terms and Conditions at the time the contract is concluded applies exclusively.

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Invicta Media
Andreas Kempken
275 New Rd
PMB 3139
London N1 7AA
United Kingdom

E-mail: office@invicta-media.de

As of: July 2026