Provider:
CATMEDIA eBusiness, Anita Becker, Auf die Ziegelhütte 11, 66763 Dillingen/Saar, Germany, hereinafter referred to as “CATMEDIA”.
Last updated: 02 September 2026
1.1 These General Terms and Conditions apply to all consulting, support, service and other services provided by CATMEDIA to entrepreneurs, legal entities under public law and special funds under public law within the meaning of Section 310(1) of the German Civil Code (BGB). CATMEDIA’s offers are not directed at consumers within the meaning of Section 13 BGB.
1.2 Any deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless CATMEDIA expressly agrees to their applicability in text form. This shall also apply if CATMEDIA performs services without reservation while being aware of deviating terms and conditions.
1.3 The respective order, order confirmation, any agreed specification document, these General Terms and Conditions and any supplementary applicable service descriptions shall govern the contractual relationship. In the event of contradictions, individual agreements shall take precedence over these General Terms and Conditions.
1.4 CATMEDIA may amend these General Terms and Conditions for ongoing contractual relationships with effect for the future, provided that the amendment is reasonable for the customer and does not unreasonably alter essential contractual obligations. The customer shall be informed of any amendments in text form. If the customer does not object within four weeks after receipt of the notice of amendment, the amendments shall be deemed accepted, provided that CATMEDIA has expressly informed the customer of this consequence in the notice.
2.1 CATMEDIA provides consulting and services particularly in the areas of e-commerce, JTL-Shop, JTL-Wawi, web applications, interfaces, data processing, data archiving, data backup, hosting-related services and technical support. The nature, scope, place of performance, deadlines and remuneration shall be determined by the respective order.
2.2 CATMEDIA does not provide legal or tax advice. Legal, tax or accounting assessments must be reviewed by appropriately licensed professionals engaged by the customer.
2.3 Services shall be provided in accordance with the state of the art applicable at the time the contract is concluded and based on professional expertise and experience. Unless a specific result has expressly been agreed, CATMEDIA shall owe the provision of services and not the achievement of a particular economic or technical result.
2.4 Services governed by German law on contracts for work and services, in particular the creation of a specific work product subject to acceptance, shall only be owed if expressly agreed.
2.5 CATMEDIA may engage suitable subcontractors. CATMEDIA shall remain responsible to the customer for the proper provision of the services.
3.1 The customer shall provide CATMEDIA with all information, documents, access credentials, contact persons and decisions required for the provision of the services in a timely, complete and accurate manner.
3.2 The customer is responsible for the legal permissibility of its content, data, business processes, systems used and measures commissioned, unless CATMEDIA has expressly been commissioned to carry out a specific review.
3.3 The customer shall ensure proper and up-to-date data backups, particularly before changes are made to systems, software, databases, interfaces or configurations. CATMEDIA shall only perform data backups if this has been expressly agreed.
3.4 If the provision of services is delayed due to missing, late or incorrect cooperation by the customer, deadlines and dates shall be extended accordingly. Any additional work resulting from this shall be remunerated by the customer at the agreed or customary hourly rates.
4.1 To the extent that work results are created in the course of providing the services, the customer shall, after full payment of the remuneration owed, receive a non-exclusive, unlimited-term, non-transferable right of use within the contractually agreed scope.
4.2 Modification, transfer, sublicensing or use beyond the agreed contractual purpose shall only be permitted to the extent that this has been agreed or is permitted by law.
4.3 No exclusive rights shall be transferred in relation to CATMEDIA’s pre-existing tools, libraries, concepts, know-how, templates and general methods.
4.4 Third-party rights, in particular software manufacturer licensing terms, open-source licences or platform provider terms, shall remain unaffected.
5.1 Services shall be remunerated on the basis of time spent unless a fixed price has been agreed. Billing shall be carried out in increments of each commenced quarter of an hour. Materials, licences, third-party costs, travel expenses and other expenses shall be charged separately where incurred.
5.2 One person-day comprises eight hours including breaks, unless otherwise agreed.
5.3 Information regarding effort, duration, costs or deadlines shall be considered estimates unless expressly designated as binding.
5.4 Services relating to support, troubleshooting, technical analysis, consulting or assistance shall also be subject to remuneration if the desired result is not achieved, provided that CATMEDIA is not responsible for the failure to achieve the intended result.
5.5 Work performed between 8:00 p.m. and 6:00 a.m. may be charged with a night surcharge of 25%. Work performed on Saturdays, Sundays and public holidays applicable at CATMEDIA’s registered place of business may be charged with a surcharge of 50%. If several surcharges apply simultaneously, they may be combined unless otherwise agreed.
5.6 All prices are exclusive of the applicable statutory value-added tax.
6.1 Invoices are payable without deduction within ten days after receipt of the invoice, unless otherwise agreed.
6.2 If the customer defaults on payment, the statutory consequences of default shall apply. For claims for payment arising from legal transactions in which no consumer is involved, the default interest rate shall be nine percentage points above the applicable base interest rate.
6.3 In the event of default, CATMEDIA shall be entitled to withhold further services until outstanding claims have been settled or to provide further services only against advance payment. Further statutory rights shall remain unaffected.
6.4 The customer may only set off claims that are undisputed, have been finally adjudicated or have been acknowledged by CATMEDIA. A right of retention shall only exist insofar as it is based on the same contractual relationship and the counterclaim is undisputed, has been finally adjudicated or has been acknowledged.
7.1 The customer shall notify CATMEDIA of any identifiable service disruptions or defects without undue delay, but no later than within two weeks after becoming aware of them, in text form and with a comprehensible description.
7.2 If CATMEDIA is responsible for a service not being performed in accordance with the contract, CATMEDIA shall properly remedy or reperform the service within a reasonable period without additional remuneration.
7.3 If, despite a reasonable grace period, substantial parts of the services cannot be provided in accordance with the contract for reasons for which CATMEDIA is responsible, the customer may terminate the affected order in accordance with the statutory provisions. CATMEDIA shall retain its entitlement to remuneration for services properly provided up to the effective date of termination.
8.1 CATMEDIA shall be liable without limitation in cases of intent and gross negligence, injury to life, limb or health, under the German Product Liability Act and to the extent that CATMEDIA has expressly assumed a guarantee.
8.2 In the event of a slightly negligent breach of essential contractual obligations, CATMEDIA’s liability shall be limited in amount to the damage typical for the contract and reasonably foreseeable. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
8.3 Otherwise, liability for slight negligence shall be excluded.
8.4 In the event of data loss, CATMEDIA shall only be liable for the restoration costs that would also have been incurred if the customer had maintained proper and up-to-date data backups.
8.5 The above liability provisions shall also apply for the benefit of CATMEDIA’s legal representatives, employees and vicarious agents.
9.1 CATMEDIA shall process personal data only to the extent necessary for the establishment, performance, billing and termination of the contractual relationship or where another legal basis exists.
9.2 To the extent that CATMEDIA processes personal data on behalf of the customer, the parties shall enter into a data processing agreement pursuant to Article 28 GDPR before processing begins.
9.3 The customer shall remain responsible for the lawfulness of the personal data and instructions provided by the customer.
9.4 Where cloud services, ticket systems or other service providers are used for the provision of services, such use shall take place only in accordance with the applicable data protection requirements. Transfers to third countries shall only take place where an appropriate legal basis exists.
10.1 CATMEDIA undertakes to treat the customer’s confidential information, trade secrets and business secrets as confidential and to use them solely for the performance of the respective contract.
10.2 The confidentiality obligation shall not apply to information that is generally known, becomes known without any breach of contract, has lawfully been obtained from third parties or must be disclosed due to a statutory obligation.
10.3 The confidentiality obligation shall continue to apply after termination of the contract.
11.1 CATMEDIA may name the customer, including the customer’s name, logo and a brief project description, as a reference unless the customer objects for a legitimate reason or confidentiality has been agreed in the individual case.
11.2 Confidential project details shall not be published without the customer’s consent.
12.1 During the term of the contract and for twelve months thereafter, the customer shall not actively solicit CATMEDIA employees or regularly engaged freelancers or employ them without CATMEDIA’s prior consent, insofar as this is legally permissible.
12.2 The customer’s statutory rights and the freedom of individuals to make their own professional decisions shall remain unaffected.
13.1 CATMEDIA’s offers are directed exclusively at entrepreneurs, legal entities under public law and special funds under public law. Consumers shall not become contractual partners. Accordingly, there is no statutory consumer right of withdrawal.
14.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Saarlouis or Saarbrücken. CATMEDIA shall also be entitled to bring legal action against the customer at the customer’s general place of jurisdiction.
14.3 Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected.
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