Terms of Service – LK Studio

§ 1 Scope of Application

(1) These Terms and Conditions (hereinafter “Terms”) apply to all contracts for the provision of services between

Luca Köhler

Václavské náměstí 808/66, 110 00 Prague, Czech Republic

Email: contact@lk-studio.co

Commercial Register: 24045098,

Registering Authority: Prague 1 Municipal Office

(hereinafter the “Provider”) and the client (hereinafter the “Client”).

(2) The Provider’s services are offered exclusively to businesses within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, and special funds under public law. These Terms do not apply to contracts with consumers within the meaning of § 13 BGB, and no such contracts are intended.

(3) Any terms of the Client that deviate from, conflict with, or supplement these Terms shall not become part of the contract unless the Provider has expressly agreed to their application in text form. This also applies where the Provider is aware of conflicting terms of the Client and nevertheless performs the service without reservation.

(4) The version of these Terms in effect at the time the contract is concluded shall apply.

§ 2 Subject Matter and Scope of Services

(1) The Provider shall render the services specifically described in the respective offer or order confirmation, in particular the conception, design, and implementation of websites, web development, and consulting and creative services in the field of digital marketing.

(2) The specific scope of services results from the individual offer. No oral side agreements exist; amendments and additions require text form (e.g. email).

(3) If the Client requests a change to the agreed scope of services after the contract has been concluded, the Provider may require separate compensation for this as well as an adjustment of agreed deadlines.

§ 3 Conclusion of Contract

(1) The Provider’s offers are non-binding and subject to change.

(2) By accepting an offer (e.g. via email), the Client submits a binding contractual offer. The contract is concluded once the Provider confirms the engagement in text form or begins performing the service.

§ 4 Prices and Payment Terms

(1) The prices stated in the respective offer apply as final prices.

Note: As the Provider is based in the Czech Republic, the treatment of VAT/DPH is governed by applicable Czech and EU-wide regulations (including the reverse-charge mechanism for cross-border B2B services). This section should be reviewed with a tax advisor prior to publication.

(2) Unless otherwise agreed, invoices are due for payment within 14 days of the invoice date, without deduction.

(3) For larger projects, the Provider is entitled to request reasonable installment payments or an advance payment.

(4) Should the Client default on payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the applicable base rate. The right to claim further damages for default, as well as any applicable statutory flat-rate fee, remains reserved to the extent applicable.

§ 5 Client’s Obligations to Cooperate

(1) The Client shall provide the Provider with all information, documents, access credentials, and materials required for the performance of the services in a timely and complete manner.

(2) The Client warrants that it holds all necessary rights to any materials provided (e.g. texts, images, logos, trademarks). The Client shall indemnify the Provider against all third-party claims arising from a rights infringement caused by such materials, including reasonable legal defense costs.

(3) Delays resulting from missing, late, or defective cooperation on the part of the Client shall not be attributable to the Provider. Agreed deadlines shall be extended accordingly.

§ 6 Deadlines and Acceptance

(1) Dates and deadlines are only binding if expressly agreed as such in text form.

(2) Where a service requires formal acceptance (work contract), it shall be deemed accepted if the Client does not notify the Provider of specific defects in text form within 14 days of delivery and the request for acceptance. Use of the deliverable in live operation (e.g. the website going live) shall likewise be deemed acceptance.

§ 7 Usage Rights

(1) The Provider grants the Client usage rights to the deliverables created by the Provider to the extent agreed in the contract. Unless otherwise agreed, the Client receives a simple, temporally and geographically unrestricted right of use for the purpose intended under the contract.

(2) The granting of usage rights is subject to the condition precedent of full payment of the agreed fee.

(3) Where the Provider uses third-party deliverables (e.g. fonts, stock material, software, libraries), the respective license terms of the third-party providers apply; the Provider shall inform the Client accordingly.

(4) The Provider is entitled to reference and display completed work for self-promotional purposes (e.g. in a portfolio or reference list), unless the Client objects in text form.

§ 8 Warranty

(1) Statutory warranty rights apply, except as otherwise specified below.

(2) The Client must report obvious defects without undue delay, and no later than 7 days after delivery, in text form. Otherwise, the service shall be deemed approved in this respect.

(3) In the case of justified defect notices, the Provider shall first attempt to remedy the defect (subsequent performance). If this fails, the Client may reduce the fee or withdraw from the contract in accordance with statutory provisions.

(4) The limitation period for defect claims is twelve months from acceptance or delivery. This does not apply to the cases referred to in § 9(1).

§ 9 Liability

(1) The Provider’s liability is unlimited for damages resulting from injury to life, body, or health, for damages caused by intentional or grossly negligent breach of duty, and under mandatory product liability law.

(2) In the case of slightly negligent breach of material contractual obligations (cardinal obligations, i.e. obligations whose fulfilment is essential to the proper performance of the contract and on whose compliance the Client may regularly rely), liability is limited to the foreseeable damage typical for this type of contract.

(3) Any further liability for damages caused by slight negligence is excluded. In particular, the Provider shall not be liable for lost profits, data loss, or indirect damages, unless paragraph 1 applies.

(4) The Client is solely responsible for regularly backing up its own data.

§ 10 Confidentiality

Both parties undertake to treat confidential information of the other party, which becomes known to them in the course of their collaboration, as confidential and not to disclose it to third parties. This obligation shall continue to apply even after termination of the contractual relationship.

§ 11 Final Provisions

(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Note: As the Provider is based in the Czech Republic, the choice of German law — and its practical enforceability against clients in different countries — should be reviewed by legal counsel, particularly with regard to mandatory consumer protection provisions should consumers ever be addressed in the future.

(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Prague, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.

(3) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: July 11, 2026

Note: This template is a starting point and does not replace individual legal advice. Please adapt it to your specific business model and have it reviewed by a lawyer and tax advisor prior to publication — particularly the sections on VAT/DPH treatment and choice of law, as the Provider is based in the Czech Republic.

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