General Terms and Conditions (GTC) of Starmint FZC LLC

§ 1 Scope

1. Unless expressly agreed otherwise, Starmint FZC LLC, represented by Nikita Morgunenko, with the business address at Mohammed bin Zayed Rd, Sharjah, shall apply the following General Terms and Conditions (GTC) in the version valid at the time of the order.
2. Deviation from these conditions, especially buyer’s purchasing conditions, are expressly rejected.

§ 2 Conclusion of Contract

1. By commissioning the selected service, the customer submits a binding offer to conclude a contract. The contract is formed through a written or telex declaration of acceptance by Starmint FZC LLC. The same applies to additions, changes, or ancillary agreements.
2. An order-related execution action by Starmint FZC LLC serves as an order confirmation. The customer’s use of the agency’s service constitutes acceptance of this offer, waiving the receipt of the declaration of acceptance.
3. Offers from Starmint FZC LLC in brochures, advertisements, etc., are subject to change and are non-binding unless expressly assured otherwise.

§ 3 Scope of Services

1. Starmint FZC LLC offers services, including but not limited to creation, planning, adaptation, and maintenance of websites, graphic services, logo design, social and online marketing, SEO, and development of mobile apps.
2. Services are provided based on the customer’s wishes and specifications. Installation, instruction, and training are only obligations if agreed upon. Change and extension requests are considered if necessary for technical reasons.
3. If there is a significant change in Starmint FZC LLC’s contractual obligations, the customer may be charged for necessary additional work.
4. The customer is solely responsible for legal obligations associated with website operation, and Starmint FZC LLC may assert claims for damages in case of non-compliance.

§ 4 Prices and Payment

1. List prices at the time of dispatch or delivery apply. Fixed prices apply unless otherwise agreed upon.
2. Prices exclude statutory sales tax. Additional services are billed separately. Starmint FZC LLC may demand an advance payment of half the total order value for web design or programming services.
3. Default interest of 9% above the base interest rate applies if the customer is in arrears with payment.
4. Payments are offset against older debts, legal costs, interest, and main services in that order.

§ 5 Dates, Deadlines, and Impediments to Performance

1. Delivery dates must be in text form. Cooperation from the customer affecting performance extends delivery time.
2. Delays caused by changes in customer requirements, application environment deficits, or problems with third-party products may extend delivery or service dates.
3. Starmint FZC LLC is not liable for delays due to labor disputes, force majeure, or unavoidable circumstances.
4. Changes requested by the customer may void original contract dates and deadlines.

§ 6 Acceptance

1. The customer must promptly accept Starmint FZC LLC’s services upon readiness, as per provided checklists.
2. Services are deemed accepted if the customer does not declare acceptance within a reasonable time after being notified of readiness.

§ 7 Duty to Cooperate

1. The customer must provide necessary data in a timely and digital manner. The customer is responsible for sufficient resources and information for cooperation.
2. If Starmint FZC LLC deems necessary, the customer provides a test environment.
3. The customer promptly reports errors or impairments, ensuring trouble-free facilities operation for remote maintenance.

§ 8 Rights of Use

1. Starmint FZC LLC grants the customer a non-transferable right of use, limited to internet use, upon full payment.
2. The customer provides information about the scope of use when requested.
3. Starmint FZC LLC may use third-party material, and the customer is responsible for proper use.

§ 9 Copyright Notices and References

1. The customer grants Starmint FZC LLC the right to integrate its logo and an imprint into the customer’s websites.
2. Starmint FZC LLC reserves the right to use services for presentation purposes and advertising.

§ 10 Warranty

1. Defective deliveries or services will be repaired or replaced within a 12-month warranty period.
2. The customer implements troubleshooting measures promptly. Claims do not exist for insignificant defects.
3. If supplementary performance fails, the customer may demand contract cancellation or price reduction.
4. Defects must be reported within specified periods for obvious and non-obvious issues.

§ 11 Liability

1. Starmint FZC LLC has unlimited liability for legal defects and guarantees. Liability under the Product Liability Act remains unaffected.
2. The customer is liable for intentional or grossly negligent breaches of duty.
3. Liability for data loss is limited by the typical recovery effort.

§ 12 Customer’s Obligation to Back Up Data

The customer is obliged to adequately protect against data loss and take precautions before software reinstallation or modification.

§ 13 Privacy and Confidentiality

1. Personal data for the contractual relationship will be stored and processed in compliance with the General Data Protection Regulation (GDPR).
2. The customer has the right to revoke consent, and both parties treat confidential information as such.
3. The customer is aware of the limitations in preventing the reproduction of online works.
4. Refer to our data protection declaration at www.starmint.company/privacypolicy

§ 14 Termination

1. Maintenance contracts may be terminated no earlier than 2 months after conclusion and extend by 1 month if not canceled.
2. Termination for good cause is unaffected. Starmint FZC LLC may terminate for rights of use violation or payment delay exceeding one month.

§ 15 Applicable Law, Foreign Language, and Place of Jurisdiction

1. United Arab Emirates law applies to all legal relationships arising from this contractual relationship.
2. The place of jurisdiction is Sharjah for entrepreneurs, merchants, legal entities, or special funds.
3. In case of translation, the Arabic version prevails in case of linguistic ambiguities.

Status: 02/14/2023 date