General Terms and Conditions (GTC)

This English version is provided for convenience only.
The legally binding version is the German version (“Allgemeine Geschäftsbedingungen”).
In the event of discrepancies, the German version shall prevail.
All contractual relationships are governed exclusively by the laws of the Federal Republic of Germany.

(1) Felix Hollenstein – Colibri Interactive, hereinafter referred to as “Colibri Interactive”, provides all deliveries and services exclusively on the basis of these General Terms and Conditions (“GTC”).

(2) Any terms and conditions of the customer that deviate from, conflict with, or supplement these GTC shall not become part of the contract unless Colibri Interactive has expressly agreed to their validity in text form. These GTC shall also apply if Colibri Interactive performs services with knowledge of conflicting customer terms without reservation.

(3) These GTC shall also apply to all future business relationships between the parties without the need for renewed agreement.

(4) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional. An entrepreneur is any natural or legal person or partnership acting in the exercise of its commercial or self-employed professional activity.

(5) Colibri Interactive is entitled to amend or supplement these GTC with reasonable notice. If the customer does not object in text form within two weeks of receipt of the amendment notice, the changes shall be deemed accepted. This does not apply to consumers where essential contractual obligations are affected; in such cases, Colibri Interactive will expressly inform the customer of the right to object and its consequences.

(1) Offers by Colibri Interactive are non-binding. A contract is concluded only upon express acceptance in text form, countersignature, payment (e.g. advance payment), or commencement of performance.

(2) Where applicable, contract conclusion is subject to correct and timely self-supply by Colibri Interactive’s suppliers, provided non-delivery is not attributable to Colibri Interactive and a congruent hedging transaction has been concluded.

(3) Prices are stated in euros. The contractual and business language is German; English may be agreed upon request.

(4) Any assumption of a guarantee by Colibri Interactive requires express written confirmation.

(5) Unless otherwise agreed, recurring services (e.g. maintenance, content management, change requests) without a fixed term may be terminated with three months’ notice to the end of a calendar quarter.

(6) Internet hosting services (in particular webspace, mail hosting and domain services) have a minimum term of 12 months unless otherwise agreed. The notice period is three months to the end of the respective contract term. If not terminated, the contract is extended by a further 12 months.

(7) Terminations and withdrawals must be made in text form (e.g. email), unless a stricter statutory form is required.

(1) Colibri Interactive shall provide the contractually agreed services within the agreed timeframes. Delivery dates are binding only if expressly confirmed by Colibri Interactive.

(2) Delivery and performance periods shall be reasonably extended if Colibri Interactive is prevented from timely performance due to circumstances beyond its control (e.g. force majeure, labor disputes, official measures, supplier failures or technical disruptions). The same applies to delays caused by the customer’s failure to fulfill cooperation obligations. Colibri Interactive will inform the customer of foreseeable delays.

(3) If Colibri Interactive exceeds a binding delivery or performance deadline, the customer must grant a reasonable grace period in text form. After unsuccessful expiry, the customer may withdraw from the contract or request a reasonable reduction of remuneration, insofar as legally permissible. Further claims exist only in accordance with §10. §323(2) of the German Civil Code (BGB) remains unaffected. In the case of continuing obligations, withdrawal is replaced by the right to extraordinary termination.

(4) Colibri Interactive reserves the right to expand, modify or technically develop services where reasonable for the customer or required for legal, security or technical reasons. This applies in particular to websites, webshops, hosting services, maintenance work and security or update measures.

(5) Free ancillary services may be discontinued at any time without notice. No warranty or damages claims arise therefrom.

(6) Where shipment of products or work results (e.g. print materials) is agreed, the risk of accidental loss or deterioration passes to the customer upon handover to the carrier. For delivery by Colibri Interactive, risk passes upon delivery to the customer. This also applies to partial deliveries.

(7) Colibri Interactive shall store customer-provided or project-related materials (e.g. manuscripts, print templates, photos) with reasonable care for a maximum of six months after project completion. There is no entitlement to archiving unless separately agreed. Liability for damage exists only in cases of intent or gross negligence. Insurance of such items is the customer’s responsibility.

(8) For print projects, over- or under-deliveries of up to 10% are permissible. Over-delivery entitles Colibri Interactive to an appropriate price adjustment; under-delivery does not entitle the customer to a reduction.

(9) Colibri Interactive is entitled to receive a reasonable number of complimentary specimen copies of realized designs, typically up to 20 units. Deviations may be agreed for small or premium print runs.

(10) Costs for licensed or royalty-free images are charged at cost plus organization and handling. The customer is responsible for compliance with license terms and shall indemnify Colibri Interactive against third-party claims.

(11) The customer is obliged to independently review websites, webshops or other digital products for legal, content-related and technical correctness upon completion (e.g. imprint, privacy policy, terms, withdrawal notices, mandatory disclosures, image and trademark rights). Colibri Interactive does not provide legal advice.

(12) If Colibri Interactive creates, adapts or integrates legal pages or texts (e.g. imprint, privacy policy, terms, withdrawal information) at the customer’s request, this is done solely as technical or editorial implementation based on customer instructions, templates, generators or third-party providers and without any warranty for legal completeness, accuracy or compliance. The customer must have such content legally reviewed before publication.

(13) Change requests, content maintenance, maintenance services and individual adjustments are charged based on effort unless expressly agreed as a flat fee. Colibri Interactive may reject changes that violate laws, third-party rights or security requirements or are technically unreasonable.

(1) Where Colibri Interactive provides hosting services (including webspace, server, mail or domain hosting), it provides the technical infrastructure for data storage and availability only. No specific success (e.g. rankings, revenues, delivery rates) is owed unless expressly agreed as an SLA.

(2) Colibri Interactive may use third parties or subcontractors (e.g. data centers, infrastructure providers). Liability for disruptions beyond Colibri Interactive’s control is governed by §10.

(3) Data backups are not part of hosting services unless expressly agreed as an additional service.

(4) Unless backups are explicitly agreed, the customer is solely responsible for creating complete, current and functional backups of all hosted data at appropriate intervals and at their own expense, including but not limited to website and webshop data, databases and email accounts.

(5) Backups must be stored outside Colibri Interactive’s systems. Server-internal redundancies or RAID systems do not constitute backups.

(6) If maintenance, update or backup services are commissioned, Colibri Interactive performs them to the best of its knowledge and according to recognized technical standards. Backups and restores are carried out on a best-effort basis unless otherwise agreed. The customer remains responsible for additional independent backups and for testing restorability.

(7) For security-critical updates or incidents, Colibri Interactive may implement updates, configuration changes or temporary restrictions to protect systems. No claims arise provided the measures are necessary and reasonable.

(8) Colibri Interactive may suspend services if the customer is in default of payment or operates unlawful content, sends spam, causes security risks or excessively burdens systems, where reasonable with prior notice.

(9) The customer must securely store access credentials, use strong passwords and immediately report unauthorized access. The customer is liable for misuse attributable to insecure credentials or insufficient security measures, insofar as legally permissible.

(10) Colibri Interactive assumes no liability for email deliverability or filtering by third parties (e.g. providers or spam filters) unless caused by intent or gross negligence.

Colibri Interactive provides objective advice aligned solely with the customer’s objectives, particularly regarding budgeting, technology selection and involvement of third parties. Essential measures are coordinated with the customer. Colibri Interactive may engage suitable third parties at its discretion unless the customer expressly reserves a right of approval.

(1) The customer must provide all cooperation necessary for contract performance in a timely manner, including content, access credentials, approvals, legally required texts and a contact person.

(2) If the customer fails to cooperate even after a reasonable grace period, Colibri Interactive may suspend services or withdraw/terminate the contract and claim compensation for incurred costs and lost profits, insofar as legally permissible.

(1) Remuneration is defined in the offer or order. Prices apply to the agreed scope; subsequent changes requested by the customer are billed separately.

(2) All prices are net plus statutory VAT unless expressly stated otherwise.

(3) Colibri Interactive may require a 25% advance payment upon order placement; further installments may be billed according to project progress.

(4) Discounts are granted only if agreed and shown on the invoice.

(5) Conceptual, design and presentation services are chargeable even if no contract is concluded.

(6) In case of payment default, Colibri Interactive may charge statutory default interest and suspend services where reasonable.

(1) The customer warrants that provided materials are free of third-party rights and indemnifies Colibri Interactive against claims.

(2) Colibri Interactive does not owe legal review unless expressly agreed.

(3) All services are protected by copyright. Usage rights are granted only to the agreed extent.

(4) Originals and preliminary works remain the property of Colibri Interactive unless otherwise agreed.

(5) Colibri Interactive may name itself as creator in an appropriate manner unless the customer objects for legitimate reasons.

(6) Delivered goods remain the property of Colibri Interactive until full payment.

(1) Colibri Interactive warrants proper performance of its own services.

(2) No liability exists for customer-provided content or instructions.

(3) The customer must inspect services promptly and notify defects.

(4) Remedies are governed by statutory provisions, subject to §10.

(1) Colibri Interactive is liable only in cases of intent or gross negligence or breach of essential contractual obligations.

(2) In cases of slight negligence, liability is limited to foreseeable, typical damages.

(3) Liability for delay or initial impossibility is limited to the agreed remuneration, insofar as legally permissible.

(4) Colibri Interactive is not liable for claims arising from legally defective or incomplete legal texts implemented at the customer’s request unless caused by intent or gross negligence. No legal advice liability is assumed.

(5) Liability for data loss is excluded where damage would have been avoided by proper customer backups, especially for hosted website, database or email data, unless caused by intent or gross negligence.

(6) Backup and restore services, if agreed, are performed on a best-effort basis without guarantee of full data recovery.

(7) Liability for personal injury, explicit guarantees and mandatory statutory liability remains unaffected.

Both parties shall maintain confidentiality regarding all confidential business information obtained during cooperation, even beyond contract termination.

Claims may be assigned only with consent. Set-off is permitted only with undisputed or legally established claims.

Personal data is processed in accordance with the current privacy policy of Colibri Interactive, available at https://colibri-interactive.com/en/data-protection/ which forms part of the contract.

(1) These GTC and all legal relationships are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction is Bielefeld, Germany, where legally permissible.

(3) Should any provision be invalid, the remaining provisions remain unaffected.

Last update: January 2026