Terms and Conditions
Last updated: 15 July 2026
These Terms and Conditions ('Terms') govern the professional IT services provided by Ali Ramazan Yildirim – ARY Tech Solutions ('Contractor', 'I', 'me') to clients ('Client', 'you'). They summarise and supplement the individual IT service contract (IT-Dienstleistungsvertrag); in the event of conflict, the individual contract and its annexes prevail.
The services cover two legally distinct parts: Part A – development and implementation of software (contract for work, §§ 631 et seq. BGB) and Part B – ongoing maintenance and support (service contract, §§ 611 et seq. BGB). By commissioning my services you accept these Terms in full.
1. Scope of Services
I provide professional IT and software development services, in particular:
- Full-stack web development (React, Next.js, Node.js, MongoDB) and responsive frontend development.
- Backend development, APIs and integrations; enterprise/SAP/ABAP consulting where agreed.
- Custom software solutions, architecture, code optimisation and industry-specific solution packages.
- The binding scope for each project results from the individual offer / specification sheet (Annex 2 of the contract).
2. Project Flow and Acceptance (Part A)
- Projects begin after written acceptance of the offer and receipt of the agreed down payment.
- On completion I notify readiness for acceptance in text form. You examine the deliverable within 10 business days and either declare acceptance or raise specific defects in text form.
- If no material defects are raised within that period and the software is used productively, acceptance is deemed granted (§ 640 (2) BGB), provided you were expressly notified of this consequence.
- Self-contained milestones may be accepted separately (partial acceptance); the corresponding instalment then falls due.
3. Prices and Payment Terms
- Prices for business customers (B2B) are net, exclusive of statutory VAT; for consumers (B2C) prices are stated gross, including statutory VAT (§ 1 PAngV). The invoice always shows net, VAT and gross.
- Development (Part A) is invoiced in instalments pursuant to § 632a BGB: 30% on order confirmation, 40% on reaching the agreed milestone, 30% on acceptance (a different schedule may be agreed individually).
- Invoices are due without deduction: the down payment within 7 days, the milestone instalment within 10 days, the final invoice within 14 days of the invoice date. All other invoices (e.g. maintenance, hourly billing) are due within 14 days. The due date stated on the invoice always prevails. Payment methods: SEPA bank transfer, PayPal or other methods stated on the invoice.
- Default interest: for businesses 9 percentage points above the base rate plus a €40 flat fee (§ 288 (2), (5) BGB); for consumers 5 percentage points above the base rate (§ 288 (1) BGB).
- Third-party service costs (hosting, APIs, premium tools) are charged separately unless included in the offer.
4. Client's Duty to Cooperate
- You provide all required information, access, content and materials in a timely and complete manner and designate a contact person authorised to decide.
- You review deliverables and give feedback within the agreed periods.
- You are responsible for the lawfulness of all content you provide and for maintaining your own third-party licences, subscriptions and accounts.
- If performance is delayed by late, incomplete or omitted cooperation, deadlines are extended accordingly and any additional effort is billed at the hourly rate.
5. Timelines and Delays
- All duration estimates are best-effort forecasts based on the agreed scope.
- Delays caused by late client feedback, missing materials or scope changes extend timelines proportionally.
- Force majeure and other unforeseeable events beyond my control postpone deadlines; if the hindrance lasts more than 60 days, either party may terminate the affected order in text form.
6. Changes and Additional Work (Change Requests)
- Changes beyond the agreed scope require a separate order in text form and are billed on a time-and-materials basis.
- The hourly rate for change requests, additional effort due to lack of cooperation and work beyond the maintenance scope is €85 net plus VAT, billed in 15-minute increments.
- I am not obliged to implement unordered additional requests.
7. Usage and Copyright
- Upon full payment you receive a simple (non-exclusive), spatially and temporally unrestricted right to use the developed application for the contractually intended purpose.
- The source code remains in my possession and control; its handover requires a separate, separately remunerated agreement.
- Pre-existing and general-purpose components, libraries, tools, boilerplate and my general know-how remain exclusively with me and may be reused in other projects. Client-specific business logic, content and designs are not affected and remain confidential.
- Open-source and third-party components remain subject to their respective licences.
- With your explicit written consent I may present project work as a reference; on withdrawal of consent it is removed within 7 business days.
8. Operation, Hosting and Data Protection
- Operation follows one of two models (§ 3a of the contract): Model A – deployment on the client's own infrastructure (server administration, third-party services and availability are not owed); Model B – managed hosting by me (server, SSL, daily backups, monitoring, deployment).
- Where I process personal data on your behalf (maintenance or hosting with access to production data), we conclude a data processing agreement pursuant to Art. 28 GDPR (Annex 4).
- Environment variables, API keys and access credentials of the application are managed exclusively by me and not passed to third parties.
- Details on processors are set out in my privacy policy (/privacy) and the subprocessor list (/subprocessors).
9. Warranty
- For Part A (development) the statutory warranty rights under contract-for-work law apply, with priority given to subsequent performance.
- For businesses, warranty claims become time-barred 12 months after acceptance, and obvious defects must be notified in text form within 14 days of acceptance; for consumers the statutory limitation periods apply without restriction.
- I do not guarantee specific business results (revenue, traffic, conversions, SEO rankings).
- I am not liable for failures or changes of third-party services (APIs, hosting, payment providers) or of the server environment outside my responsibility; unauthorised modifications by you or third parties may void warranty claims to that extent.
10. Support and Maintenance (Part B)
- From the month following acceptance I provide monthly maintenance according to the agreed package (bug fixing, security/framework updates, support within agreed response times).
- Maintenance packages: Basic (€99/month), Standard (€199/month), Premium (€349/month); response times and included hours per the price list (Annex 2, Section D).
- Work exceeding the included scope is billed separately at the hourly rate. Unused included hours expire at month end.
11. Liability and Indemnification
- Liability for slight negligence is excluded unless life, body, health or material contractual obligations (cardinal obligations) are affected; in the latter case liability is limited to the damage typically foreseeable under the contract.
- To the extent legally permissible, liability is limited in amount to the net remuneration agreed for the respective project (or the amount set in Annex 5), at most the coverage of any professional liability insurance.
- Liability for data loss is limited to the typical recovery cost that would have arisen with regular, risk-appropriate backups by you.
- Liability for intent, gross negligence and under the Product Liability Act remains unaffected and unlimited.
- You indemnify me against third-party claims arising from content you provide or from use of the application not in accordance with the contract, including reasonable legal defence costs.
12. Confidentiality and Data Protection
- Both parties keep confidential information strictly confidential and use it only to perform the contract.
- The confidentiality obligation applies for the term of the contract and, after its end, for 5 years (consumers) or 10 years (businesses); statutory trade-secret protection (GeschGehG) remains unaffected.
- Personal data is processed in accordance with my privacy policy and the GDPR; I implement state-of-the-art technical and organisational measures.
13. Term, Termination and Withdrawal
- Right of withdrawal (consumers): if you are a consumer and the contract was concluded at a distance, you have a 14-day right of withdrawal (§ 355 BGB); it expires early on express consent to early performance and confirmed awareness of the loss (§ 356 (4)/(5) BGB). Details in the withdrawal instruction (Annex 1).
- Maintenance term (Part B): for consumers the initial term is max 24 months; thereafter the contract continues for an indefinite period terminable at any time with one month's notice. For businesses it renews by 12 months unless terminated with 3 months' notice to the end of the term.
- Extraordinary termination for good cause (e.g. payment default over 30 days despite reminder, serious breach, insolvency) remains possible for both parties.
- If you terminate Part A before acceptance, § 648 BGB applies: I retain the remuneration claim less saved expenses; for the unperformed part 5% is presumed unless a different amount is proven. Instalments paid are credited; any surplus is refunded.
- Services already rendered must be remunerated in any case; referral discounts already granted are not reclaimed on early termination.
14. Governing Law and Jurisdiction
- These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- If both parties are merchants, the exclusive place of jurisdiction is Offenburg, Germany.
- For consumers, mandatory consumer-protection provisions of their state of habitual residence remain unaffected (Art. 6 Rome I Regulation).
15. General Provisions
- The individual project contract together with its annexes takes precedence over these Terms; these Terms apply in a supplementary manner.
- Amendments require text form; this also applies to any change of this form clause.
- Should a provision be or become invalid, the remaining provisions stay in force (severability).
- You may not assign project agreements without my written consent. Provisions on IP, confidentiality, payment and liability survive termination.
16. Referral Program
- You may voluntarily participate: 3% (1st referral), 6% (2nd), 9% (3rd and further), each applied to the respectively last reduced price.
- Requirements (cumulative): the referred customer is new, concludes a contract with a minimum value of €1,000, the referral is made before that contract is concluded and is confirmed at conclusion.
- Bank details for a cash payout are submitted exclusively via my password-protected customer portal – never through an unsolicited emailed link. Discounts apply to future invoices or are paid out as credit within 7 business days of receiving the bank details.
- There is no legal entitlement to continuation of the program; it may be changed or discontinued with effect for the future, while discounts already earned remain unaffected. Details are governed by the participation terms (/referral-terms).
Questions about these Terms?
- Ali Ramazan Yildirim – ARY Tech Solutions
- Address: Hebelstraße 1, 77880 Sasbach, Germany
- Email: info@arytechsolutions.com
- Phone: +49 151 67145187
These Terms are provided in English, German, French and Turkish. In case of discrepancies the German version prevails for clients in Germany/the EU, subject to mandatory consumer-protection laws.