Contractual rules for our services

These Terms of Service apply to contracts between Fernando Stepien, sole proprietor, who carries on his business under the trade name “Stepien Digital”, Hauptstraße 23, 76549 Hügelsheim (“we”), and his clients for websites, Google Business Profile management, photography, video, drone footage, Stepien Inside and other digital services, and for Stepien Digital Reviews where it is agreed in future. Stepien Digital is not a separate legal entity; the client's contracting party is Fernando Stepien as sole proprietor.

We work for businesses and for consumers. A consumer is any natural person who concludes a contract predominantly for private purposes (Section 13 BGB, German Civil Code). A business (Unternehmer) is anyone who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 BGB). Provisions that apply only to one of these groups are expressly marked.

Individual agreements, in particular the quote, take precedence over these terms. For businesses, the client's own terms and conditions apply only if we expressly agree to them in text form. These terms do not restrict the statutory rights of consumers.

Descriptions and prices on the website are not a binding offer. A contract is concluded through our individual quote and its acceptance by the client, for example by signature or confirmation by email. Ordering through the website is currently not possible.

Contracts may be concluded in person at our business premises, in person outside our business premises (for example at the client's location) or exclusively by means of distance communication such as email or telephone. Depending on how the contract is concluded, consumers may have a right of withdrawal (Section 18).

The contract language is German. Versions in other languages are provided for information. The client receives the quote and these terms in text form.

For consumers only: before the contract is concluded, consumers receive with the quote, in a clear and comprehensible manner, in particular the main characteristics of the service, the total price including all taxes and costs, the payment and performance terms, the time of performance, the term and termination conditions for ongoing services, information on any right of withdrawal and a reference to the statutory rights in case of defects.

The type and scope of the services are set out in the quote. The client provides the agreed information, content, access and approvals in good time. Delays caused by missing or late cooperation extend agreed dates appropriately.

We only carry out drone flights if aviation rules, safety, weather and airspace permit. If a flight is not possible on the agreed date, we agree on a new date or offer another type of footage. There is no entitlement to drone footage at a particular time where the reasons are beyond our control. Fees already paid for drone services not provided are credited or refunded.

Ongoing services include, for example, hosting and maintenance of websites, the publication of Stepien Inside experiences, Google Business Profile management and, where agreed in future, Stepien Digital Reviews. The term, renewal and notice period are set out in the quote.

Fees, due dates and payment method are set out in the quote and the invoice. For consumers, we state total prices including statutory VAT. In case of late payment, the statutory rules apply.

If the client provides content (for example logos, texts, images, videos, music), the client warrants that it holds the necessary rights and that use within the agreed scope does not infringe third-party rights.

For businesses only: if third parties assert claims against us because of such content, the client indemnifies us against justified claims, including reasonable costs of legal defence, insofar as the client is responsible for the infringement. For consumers, the statutory rules apply.

Where Stepien Digital Reviews is agreed and provided in future, the provisions of this section apply. Stepien Digital Reviews is intended for businesses and is provided via portal.stepiendigital.com. Which features are used depends on the agreed package.

We strive for high availability of our systems. We only owe a particular availability if it has been agreed in the quote. Services that rely on third-party platforms (for example Google, OpenAI, Cloudflare, hosting providers) depend on their availability and terms. If a third party changes its interfaces or rules, it may be necessary to adapt or restrict features; the client's statutory rights remain unaffected.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of a guarantee we have given.

In case of slightly negligent breach of an essential contractual obligation, the fulfilment of which makes proper performance of the contract possible in the first place and on compliance with which the client may regularly rely, our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

These rules also apply to our vicarious agents. Section 12 applies to content provided by the client.

For consumers only: for contracts concluded outside our business premises or exclusively by means of distance communication, consumers have a statutory right of withdrawal in accordance with the following withdrawal notice. Statutory exceptions (Section 312g(2) BGB) remain unaffected; we state in the quote whether an exception applies. Businesses have no statutory right of withdrawal.

Start of performance during the withdrawal period: we only start performing before the withdrawal period expires if the consumer expressly requests this; for contracts concluded outside our business premises, the request must be made on a durable medium. The right of withdrawal does not lapse automatically as a result. For services, it only lapses once we have performed the service in full and the consumer has previously expressly consented and acknowledged that they lose their right of withdrawal upon full performance of the contract. If the consumer withdraws after such a request, they owe compensation for the services provided up to that point in accordance with the withdrawal notice.

Digital content not supplied on a tangible medium: the right of withdrawal lapses if we have begun performance after the consumer has expressly consented to our beginning before the withdrawal period expires, has acknowledged that they thereby lose their right of withdrawal, and we have provided them with a confirmation of the contract.

(Complete and return this form only if you wish to withdraw from the contract.)

To Fernando Stepien, Stepien Digital, Hauptstraße 23, 76549 Hügelsheim, Germany, email: [email protected], phone: +49 171 533 0645:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

Ordered on (*)/received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date

(*) Delete as appropriate.

The statutory rights of termination, in particular the client's right to terminate a contract for work until the work is completed (Section 648 BGB), remain unaffected. When a contract for ongoing services ends, access to the portal ends; we give up permissions on Google Business Profiles in accordance with Section 13. We return or delete data processed on behalf of the client in accordance with the client's instructions; where a data processing agreement has been concluded, that agreement applies. Otherwise the Privacy Policy applies.

Please send complaints to [email protected]. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. The European Commission's online dispute resolution platform has been discontinued.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

Should any provision be invalid, the remainder of the contract remains valid. For existing contracts, the version of these terms agreed at the conclusion of the contract applies; changes only become part of the contract with the client's consent.

Please send questions about these terms to [email protected]. Full provider details are set out in the Impressum.