1. Who we are and who these terms apply to
These Terms of Service (“Terms”) govern all services provided by 1ACE GmbH, Gabelsbergerstraße 30, 80333 Munich, Germany, registered at Amtsgericht München under HRB 293259 (“1ACE”, “we”, “us”), including services offered under the brands 1acestudio.com, 1acemedia.com and 1aceweb.com.
Our services are offered exclusively to businesses, self-employed professionals and organizations acting in a commercial capacity (“Client”, “you”), not to consumers. By ordering, you confirm that you are acting for business purposes.
Any terms of the Client that differ from these Terms do not apply unless we have agreed to them in writing.
2. Free preview
We may build a preview of a new website for your business (“Preview”) before you have ordered anything. Viewing a Preview is free and creates no obligation for either party.
Until you purchase the website, the Preview, its design and its code remain our property. You may not copy, publish, rebuild or have others rebuild the Preview or substantial parts of it without purchasing it.
We may take a Preview offline at any time, in particular after the reservation period stated in our message has expired.
Before you purchase, if the first Preview is not your style, we will design one alternative direction for you free of charge. Further alternative designs are not included.
3. Ordering and contract
A contract is concluded when you place an order through our online checkout or confirm an order by email and we accept it. When you order online, you accept these Terms by ticking the corresponding box.
The scope of services, the price and any optional plans are those shown at checkout or in our written offer at the time of the order.
4. What is included in the website purchase
Unless otherwise agreed, the one-time price includes: a custom website design based on the Preview, technical implementation, optimization for mobile devices, basic search engine and AI-search optimization (SEO/GEO), an SSL certificate, and connecting the website to your domain.
One round of changes is included. A round of changes means one collected set of change requests sent in a single message, which we implement within a reasonable time, usually within five business days. Additional rounds or new features are offered at a fixed price on request.
The website goes live once the price has been paid in full and you have approved the final version. Approval by email (for example “OK”) counts as acceptance.
5. Your content and your cooperation
You are responsible for all content you provide to us (texts, photos, logos, prices, opening hours, legal information) and confirm that you hold the necessary rights to it and that it does not violate any laws or third-party rights. You indemnify us against third-party claims arising from content you provided.
You are responsible for the legal content of your website that relates to your business, such as legally required company information, privacy notices for your own data processing, licenses and industry-specific disclosures. We are happy to place such content on the website but do not provide legal advice.
Images that we supply are either licensed for this use or created by us, including with AI tools. Where we supply images, we grant you the right to use them on your website.
6. Domain and switch-over
You remain the owner of your domain and keep your existing email services. To connect the website, you grant us access to your domain's DNS settings, preferably through your provider's delegation feature, or you make the change together with us.
We only change the records needed to point your website to the new site. If, at your request, we take over the complete DNS management of your domain, we will transfer all existing records with due care; you are responsible for informing us about special records we cannot see.
7. Free hosting
After the website goes live, we host it free of charge for as long as we offer this service. Hosting includes SSL, delivery through a global content delivery network and basic monitoring.
Free hosting is provided without a guaranteed availability level. We will remedy outages within a reasonable time.
We may end the free hosting service with at least 90 days' notice by email. In that case, and at any time on your request, we will provide you with the website files so that you can host them elsewhere.
We may suspend hosting immediately if the website is used for unlawful content, spam, malware or uses resources far beyond normal business use.
8. Small updates included
Small updates to your website are included free of charge as long as we offer free hosting. Small updates are changes to texts, opening hours, prices, contact details, the replacement of individual images and short notices or banners.
Fair use: up to ten small updates per calendar month are included. Unused updates do not carry over. We may decline requests that exceed fair use or offer them at a fixed price.
Update requests must be sent by email from an address you have registered with us. We send you a preview of the change; the change goes live once you approve it, for example by replying “OK”. Your approval counts as acceptance of the change.
We may use automated systems, including AI tools, to process and implement update requests. Every change is shown to you for approval before it goes live.
Larger changes such as new pages, new features, online shops or a redesign are not small updates and are only carried out after a separate fixed-price offer.
9. Payment
Prices are stated in US dollars unless stated otherwise. The one-time price is due before the website goes live. Payments are processed by our payment provider.
Prices are net prices. You are responsible for any sales, use or similar taxes that apply in your jurisdiction, unless we are required by law to collect them. For clients in the EU, the reverse-charge procedure applies where applicable.
Because you can see and approve your website before you pay, the one-time price is non-refundable once the website has gone live, except where required by law.
10. Rights to the website
Upon full payment, you receive a non-exclusive, perpetual, worldwide right to use, host and modify the website created for you for your own business purposes, including the code we wrote for it. Third-party components (for example fonts or open-source libraries) remain subject to their own licenses.
We may continue to use general design elements, techniques and code components that are not specific to your business in other projects.
We may show your website as a reference in our portfolio. Upon your request, we will show it only without your business name and contact details, or not at all.
11. No guarantees of results
We design websites to attract and convert customers and to be easy to find. However, we do not guarantee specific rankings on Google or other search engines, mentions or recommendations by AI systems, numbers of visitors, inquiries or revenue.
12. Liability
We are liable without limitation for damages caused intentionally or by gross negligence and for injury to life, body or health.
In cases of slight negligence, we are only liable for breach of essential contractual obligations, limited to the damage that was foreseeable and typical for this type of contract, and in total to the amount you paid us in the twelve months before the damage occurred. Liability for lost profits, lost data that you could have backed up, and indirect damages is excluded to the extent permitted by law.
13. Termination
You may stop using free hosting and the update service at any time; we will provide the website files on request. Either party may terminate a contract for good cause, in particular in the event of non-payment or a serious breach of these Terms.
14. Privacy
We process personal data in accordance with our Privacy Policy. If we process personal data on your behalf, for example contact form submissions sent through your website, we will conclude a data processing agreement with you on request.
15. Changes to these Terms
We may change these Terms for the future. We will inform you of changes by email at least 30 days before they take effect. If you do not object before the effective date, the changes are deemed accepted; we will point this out in our notice.
16. Governing law and jurisdiction
These Terms and all contracts with us are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Munich, Germany, to the extent permitted by law. We may also bring proceedings at your place of business.
If any provision of these Terms is invalid, the remaining provisions remain unaffected.
Contact
Questions about these Terms: [email protected]