Website Design Service

I. Fees for Website Design Service

The fees for the service include a one-time service fee for the development of the website and a monthly fee for the selected Website Design Service package, as set forth on the IONOS website. The MBG (Money Back Guarantee) does not apply to One Time Fee or the Monthly Fees in accordance with the GT&Cs section concerning the Money Back Guarantee. All fees are payable in US dollars through the Customer's Payment Account (as such term is defined in the IONOS GT&C), with monthly fees charged at the beginning of the month for each month, and an initial setup Fee, also being charged at the beginning of the first month of the contract. Except as otherwise provided in this Agreement, this Agreement shall be for an initial term of 12 months and shall be automatically renewed after the end of the initial term for additional one month periods unless and until sooner terminated pursuant to the provisions of this Agreement. IONOS may terminate this Agreement immediately if you fail to make timely payment or otherwise breach this Agreement or the IONOS GT&C.

You may upgrade to a higher-level Website Design Service package at any time. For Upgrades from a Website Design Service S to a Website Design Service M, and for upgrades from a Website Design Service M to a Website Design Service L you are charged a change fee of 100$ (excluding taxes). For upgrades from Website Design Service S to Website Design Service L you are charged a change fee of 200$ (excluding taxes). Regular monthly fees of the newly selected Website Design Service (M or L) apply. Downgrading to a lower-level Website Design Service package will only be possible after the initial contract term of 12 months. After the first 12 months, there is no fee for down-grading.

II. Service Description for Website Design Service

A. Contacting Website Design Service

1. You may contact Website Design Service by telephone or e-mail. You will receive the contact details from IONOS via e-mail after your purchase.

B. Services Offered by Website Design Service

1. The services provided are as set forth on the IONOS website for your particular Website Design Service package. The Website Design Service consists of two separate offerings: (a) Website Development and (b) Website Service

C. Website Development

1. The design and development of the website shall include between 3 and up to 7 pages associated with a particular domain, depending on the package you have chosen. Additional pages, or the addition of a customized logo, shall be subject to additional fees.

The Service shall commence with an initial telephone consultation (the Initial Consultation Call) between the Customer and the IONOS's design agent lasting no longer than thirty minutes. During the Initial Consultation Call the design agent will ask general questions about the customer for the purpose of determining the scope and nature of the desired services. In order to determine the desires and intentions of the customer with respect to the design, structure, and content of the website the design agent may also ask general questions about the customer's business, target markets, and the products or services offered. With input from the customer, the design agent will select a template layout which is appropriate for the customer's business as well as one of the color schemes offered from IONOS's color portfolio.

The Customer shall provide the IONOS design agent with documents or other materials, and any data or other information provided by the Customer relating to the Service ("Input Material") required for the provision of the Service electronically within one week of the Initial Consultation Call. The IONOS design agent shall use the Input Material and the Customer's directions as expressed during Initial Consultation Call to create the Customer's website. The ultimate design decisions as to the website, along with any individual webpages, documents or other materials, and any data or other information created or provided by the Supplier relating to the Service (collectively, the "Output Materials") shall be at the IONOS design agent's sole discretion. The Customer shall submit all Input Material required in electronic file format via a secure client-specific upload center. If the IONOS design agent does not receive the Input Material within 5 business days of Initial Consultation Call, the site will be designed with generic content. Content delivered after the one week timeline will not be included in the site. After designing the initial draft of the site (either with the delivered content or with the generic content), the IONOS design agent will optimize the website and related content for search engines and submit the completed website to the Customer via preview link. The Customer can also use this link to give feedback. After the customer has given feedback, a second telephone call is scheduled (the ApprovalCall).

The Customer shall make any last requests for revisions of the design during the Approval Call. If no revision requests are received during the Approval Call, or if the Customer is not available for the Approval Call within one week of receiving the initial draft of the site, the Customer shall be deemed to have approved of the design.

If the Customer has not participated in the Initial Consultation Call within thirty days or provision of the Service is not completed within thirty days due to no fault of IONOS or the IONOS design agent, IONOS shall have no obligation to perform the Service.

In addition to the above, IONOS also reserves the right to publish the website as is, after the time periods given, with the understanding that the Customer has approved of the design.

The Customer shall be responsible for the legality, accuracy, and appropriateness of all Input Material. The Customer shall not provide to IONOS any Input Material that is obscene, defamatory, harassing, offensive, malicious, or that actually or potentially infringes the proprietary or intellectual property rights of any third party. IONOS has the right to reject any Input Material that it believes, in its sole discretion, is obscene or otherwise violates the aforementioned restrictions, provided, however, that acceptance by IONOS of any Input Material does not constitute a legal opinion that the Input Material does not violate any of the aforementioned restrictions. IONOS cannot provide legal advice relating to the website or the Input Data, and cannot provide terms of service, privacy policies, or other legal documents relating to the website. The Customer is solely responsible for the provision and content of any legal content incorporated into the website, whether by IONOS or otherwise.

Once the website has been published, the customer has the right to request that the website be taken offline. Upon publication of the website the final web pages and any and all content thereon become the sole responsibility of the customer.

III. Website Service

A. After the website is completed IONOS will provide updating and maintenance services from the Website Design Service for a monthly fee, depending on the Website Design Service package you have chosen.

IV. Ownership and Use of Intellectual Property

A. The property and any copyright or other intellectual property rights in: (1) any Input Material shall belong to the Customer; (2) any Output Material shall belong to IONOS, subject only to the right of the Customer to use the Output Material for the purposes of utilizing the Service.

B. The Customer grants to IONOS and its design agents all necessary rights and licenses to enable IONOS to carry out its obligations and to allow IONOS to make a reasonable number of archival/back-up copies as deemed necessary by IONOS. IONOS is not responsible for returning any Input Materials submitted, nor for providing back-up copies to the Customer.

C. The Customer warrants that any Input Material (including any part of the domain name used in connection with the Service) and its use by IONOS for the purpose of providing the Service will not violate any laws or infringe the trademark, copyright or other rights of any third party and the Customer shall indemnify IONOS against any loss, damages, costs, expenses or other claims arising from any such infringement or violations. IONOS may refuse to accept any Input Material for any reason, including without limitation if IONOS believes, in its sole discretion that the Input Material is obscene or otherwise offensive, violates any laws, or infringes third party rights, and may terminate the provision of the Services.

V. General

A. Your Rights and Obligations

1. The Customer agrees to comply with any and all applicable laws, including the federal, state and local laws of the United States of America (the "Laws"). The Customer is solely responsible for his or her domain or the content of his or her website. The Customer assumes sole liability for his or her domain and any content which has been provided to IONOS for the purpose of developing the Customer's website or for any data provided, including but not limited to liability arising from unfair competition or antitrust, trademark, copyright, and other laws. Further, you will not provide or post any content or other materials which, in IONOS's sole discretion:

contain pornographic or obscene materials,
promote or sanction war, terrorism, or other acts of violence,
have the potential to cause harm to or exploit minors,
are abusive or hateful,
promote racism or discrimination against a particular person or group of persons on the basis of race, color, religion, sex, national origin, age, physical or mental disability, genetic information or any other protected class under federal, state, or local law, which promote or threaten harm or violence against such persons,
defame, misrepresent, or are abusive or insulting to others,
infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity,
contains hyper-links to other sites that contain content that falls within the descriptions set forth above or which otherwise violate the GT&C

2. IONOS reserves the right to monitor use of this site to determine compliance with this Agreement, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, IONOS is under no obligation to do so, and you remain solely responsible for your domain name and website. You acknowledge and agree that neither IONOS nor any third party that provides content to IONOS will assume or have any liability for any action or inaction by IONOS or such third party with respect to any submission.

3. If the customer requests IONOS to integrate third party apps, software or similar, he simultaneously grants his permission to do so.

VI. IONOS's Rights and Obligations

A. IONOS may reject, lock, or delete content provided by the Customer for the purpose of developing the website or domains requested by the Customer if, in IONOS's sole discretion, IONOS believes that the content or domain could result in a breach of this Agreement or the GT&C, or is otherwise impermissible under relevant Laws or may result in claims from third parties.

B. IONOS may, in lieu of disabling access to the particular content or domain, disable or lock the entire website or customer account. b. Further, IONOS has the right (but not the obligation) to refuse requests for changes which would result in unreasonable effort, in its sole discretion.

C. IONOS reserves the right to refuse to provide the Services for any reason at its sole discretion.

VII. Limitation of Liability and Warranties

A. EXCEPT AS SPECIFICALLY PROVIDED HEREIN AND IN THE GT&C, IONOS MAKES NO OTHER WARRANTIES WITH RESPECT TO THE SERVICES, WHICH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, NOR DOES IONOS MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE IONOS Inc. SERVICES. IONOS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF THE SERVICES PROVIDED TO YOU HEREUNDER; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEB SITE AS A RESULT OF YOUR PURCHASING THE SERVICES. THIS LIMITATION OF WARRANTIES IS IN ADDITION TO THE LIMITATION OF WARRANTIES SET FORTH IN THE IONOS GT&C.

B. IONOS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF IONOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF IONOS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO IONOS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

C. You will indemnify and hold IONOS, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the ''Indemnified Parties'') harmless from any breach of this Agreement or the IONOS GT&C by you, including any use of Content other than as expressly authorized in this Agreement or the IONOS GT&C. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.