General terms and conditions

The following general terms and conditions apply to all contracts, services and offers between BTECH SOLUTIONS, trading under the ThaiKickStarter Europe brand (hereinafter “the contractor”), and its clients.

These terms apply exclusively to entrepreneurs within the meaning of Section 14 BGB who conclude the contract in the course of their commercial or self-employed professional activity (B2B).

Contracts with consumers within the meaning of Section 13 BGB are not concluded through this offering. Anyone making an enquiry for a business confirms, by accepting the individual offer, that they act as an entrepreneur or are authorised to act for one.

1. Scope

These terms apply to all services of the contractor, in particular website development, web design, branding and design, setting up and maintaining business profiles, search engine optimisation, social media management, online booking systems, customer management and automation, hosting and maintenance, technical consulting, optimisation of existing websites, as well as project-based development and freelance services.

Deviating conditions of the client do not apply unless their validity has been expressly agreed in writing.

2. Subject matter of the contract

The subject matter of the contract is the provision of individually agreed services in the field of web and software development.

The specific scope of services results exclusively from the respective offer, service description or project contract. General statements on the website, including the packages shown, do not constitute a binding offer.

2a. Freelance and project-based services

The contractor provides services either under independent project responsibility or as an external freelancer on a project basis.

For freelance services the contractor owes the agreed activity, but not a specific economic or technical result, unless expressly agreed otherwise.

In freelance engagements the contractor is not subject to instructions regarding working hours, place of work or internal organisation, and is not integrated into the client’s operational organisation.

A status comparable to employment is expressly excluded.

3. Conclusion of contract

A contract is concluded as soon as an offer from the contractor is confirmed in writing by the client (e.g. by email).

Verbal side agreements require written confirmation to be effective.

4. Client’s duties to cooperate

The client undertakes to provide all content, information, access credentials and approvals required for the execution of the project in good time.

Delays or additional effort arising from missing or late cooperation are not at the contractor’s expense and may be invoiced separately.

4a. Content, cooperation and project start

The client undertakes to provide all content required for the implementation of the project in full and in a usable form.

Texts must be provided to the contractor in digital form as text files (e.g. DOCX, TXT or comparable formats).

If agreed content is not provided or not provided in full, the contractor is entitled, after prior consultation, to fall back on AI-assisted or generic placeholder content.

Development and implementation time begins only once all agreed content has been handed over in full.

Delays due to late provision extend project timelines accordingly.

AI-assisted content does not replace legal or professional review by the client.

Labelling of AI-generated content

If the delivered work contains AI-generated or manipulated content, the contractor documents its provenance and the markings required for the agreed context of use. Whether and in which role the client has duties under Regulation (EU) 2024/1689 (the AI Act) depends on the client’s actual use; Article 50 may in particular require disclosure for deepfakes or certain AI-generated text published to inform the public on matters of public interest. The client must not remove supplied mandatory labels or machine-readable provenance information and remains responsible for any changed use.

Where an AI-assisted function is provided under the client’s own name at the client’s request, the client remains the deployer. Where the contractor provides such a function under its own name, the allocation of roles follows Article 25 of the AI Act; in that case it is set out separately in the quote.

5. Remuneration and payment terms

Remuneration is governed by the respective agreed offer. All prices stated are final prices.

The contractor makes use of the small business regulation pursuant to § 19 UStG. Value added tax is therefore not shown.

Fixed-price projects

For fixed-price projects the agreed price relates exclusively to the described scope of services.

• 60 % of the remuneration upon placing the order
• 40 % before handover of the completed service

Handover takes place only after payment has been received in full.

Hourly services

Hourly services are billed according to actual effort in time units of 15 minutes each.

Care and maintenance packages

Maintenance services are provided exclusively on the basis of a separate agreement.

6. Handover, operation and hosting

Handover takes place after completion of the project and payment in full.

Hosting and ongoing operation are — unless otherwise agreed — the responsibility of the client.

7. Rights of use

After payment in full, the client receives an unlimited right of use in terms of time and territory.

The contractor is entitled to use the services for reference purposes.

8. Liability

The contractor is liable without limitation for damages based on intentional or grossly negligent conduct.

In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract.

Liability for indirect damages, in particular lost profit, missed savings or other consequential damages, is excluded to the extent legally permissible.

Analyses, consulting and technical assessments

Analyses, recommendations and technical assessments constitute a professional evaluation based on publicly available information, common analysis tools and experience.

They do not constitute legal or tax advice, a binding guarantee, or an assurance of specific economic or ranking-related results.

Search engine algorithms, technical conditions and market conditions are subject to constant change. No liability is accepted for ranking developments or specific performance figures.

Implementation of recommended measures is carried out at the client’s own responsibility or by commissioned third parties.

The contractor accepts no liability for decisions made on the basis of an analysis or consultation, unless intentional or grossly negligent conduct is involved.

9. Final provisions

The law of the Federal Republic of Germany applies. The place of jurisdiction is — to the extent permissible — the contractor’s registered office (Hückeswagen, Germany).

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

The German version is authoritative. This English version is provided for information only.