Terms and Conditions
We Help Berlin's Local Businesses Grow Through Modernisation & Digitalisation.
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1. GENERAL INFORMATION & PARTIES
Service Provider:
Singh Digital Solutions (trading as "Aspire Digital Design Agency")
[Your Full Business Address]
Berlin, [Postal Code], Germany
Contact:
Email: [INSERT EMAIL]
Phone: [INSERT PHONE]
Website: [INSERT WEBSITE]
Tax ID (Steuernummer): [INSERT YOUR TAX ID]
VAT ID (Umsatzsteuer-ID): [INSERT YOUR VAT ID]
Business Registration: Gewerbe registered in Berlin
Client / Customer:
The individual or business entity ("You") that enters into a service agreement with us.
These Terms and Conditions ("Terms") govern the provision of all services offered by Aspire Digital Design Agency. By accessing our website, requesting a consultation, or signing an agreement with us, you accept these Terms in full.
2. SCOPE OF SERVICES
Aspire Digital Design Agency ("We" or "Us") offers the following services:
2.1 Smart Websites
- Professional website design and development
- Website hosting and maintenance
- Domain registration (optional - clients may use existing domains)
- SSL certificate and security setup
- Basic on-page SEO optimisation
- Lead capture forms and integrations
- Mobile-responsive design
- Website content management training
2.2 Smart SEO (Search Engine Optimization)
- Keyword research and competitive analysis
- On-page optimization (meta tags, content, structure)
- Local SEO setup (Google Business Profile, citations)
- Technical SEO audit and improvements
- GEO/AEO (local and voice search) optimization
- Link building and authority development
- Monthly performance reporting
2.3 Smart Automations & AI
- Email automation sequences (triggered workflows)
- SMS automation (text message campaigns)
- AI chatbot setup and configuration
- Lead scoring and qualification automation
- CRM workflow configuration
- Appointment reminder automation
- Payment and invoice automation
- Integration with third-party tools
2.4 Smart Lead Capture
- High-converting form design
- Landing page creation
- Lead magnet development
- Chatbot configuration for lead capture
- CRM lead flow setup
- Lead scoring system configuration
- Performance optimization and A/B testing
2.5 Additional Services
- Business and product photography (when offered)
- Custom consulting and strategy (hourly or project-based)
- Additional pages, features, or modifications (charged separately or added to monthly optimisation)
Service Specifications:
Specific service scope, deliverables, timeline, and pricing are outlined in:
- The service proposal or quote provided to you
- The signed service agreement or contract
- These Terms and Conditions
In case of conflicting terms, the order of precedence is: (1) Signed service agreement, (2) Service proposal/quote, (3) These Terms.
3. PRICING & PAYMENT
3.1 Service Tiers & Pricing
Current Introductory Pricing (First 20 Customers Only):
- Starter Plan: €0 setup + €97/month
- Growth Plan: €1,000 setup + €297/month
- Elite Plan: €1,500 setup + €697/month
Regular Pricing (After Introductory Period Ends):
- Starter Plan: €1,000 setup + €147/month
- Growth Plan: €2,000 setup + €347/month
- Elite Plan: €3,000 setup + €747/month
Key Pricing Features:
- All prices include German VAT (Mehrwertsteuer) at 19%
- Setup fees cover all implementation work (design, configuration, training, launch)
- Monthly fees include platform access, hosting, support, and maintenance
- First 30 days of subscription are FREE (you pay the setup fee only; monthly billing starts in month 2)
- Introductory pricing is locked for the lifetime of your subscription (as long as you remain a continuous customer)
3.2 Additional Costs Not Included in Pricing
The following may be charged separately:
- Domain registration or transfer: €10-15/year
- Premium stock photos: €1-5 per image (optional)
- Additional website pages: €50-100 per page (beyond your plan limit)
- Custom development work: €100+ per project (outside standard scope)
- SMS/Phone credits: [INSERT BASED ON YOUR GHL SETUP - E.G., "€X PER MESSAGE" OR "INCLUDED"]
- High-volume email sending: [INSERT IF APPLICABLE - E.G., "CHARGED AT €X PER 1,000 EMAILS" OR "INCLUDED"]
- Third-party tool licenses: E.g., premium plugins, integrations (if not included in GHL)
- Rush fees: 50% surcharge for expedited timelines
- Out-of-scope changes: Hourly rate €50-100 for work outside the agreed scope
We will provide a clear estimate for any additional costs before proceeding. No surprise charges.
3.3 Payment Terms & Schedule
Setup Fee Payment:
- Due upon signing the service agreement
- Payment methods: Bank transfer (SEPA), credit card, or PayPal
- Invoice issued upon payment
Monthly Subscription Payment:
- Billing cycle: 1st of each month or monthly from the date of starting the project
- Payment methods: Bank transfer (SEPA), credit card, or PayPal
- Auto-renewal: Monthly subscription automatically renews unless cancelled
- Invoice provided for accounting purposes
Annual Payment Discount:
- Pay annually and receive 2 months free (pay for 10 months, get 2 free)
- Annual billing: One invoice for the full year
- Same cancellation rights apply (14 days' notice)
Invoice Details:
- All invoices include: date, invoice number, services rendered, amount, VAT, due date, and payment instructions
- Invoices are issued in German and/or English as needed for your accounting
3.4 Late Payments
- Payment is due within 14 days of invoice date (unless otherwise agreed)
- Late payment interest: 5% above the base interest rate (or statutory minimum, whichever is higher)
- Reminder fee (Mahngebühr): €5 for the first reminder, €10 for subsequent reminders (in accordance with German law)
- Dunning letters will be sent in accordance with German commercial practices
- If payment is more than 30 days late, we may: suspend services, cancel the contract, or pursue legal action
- All costs associated with collection (legal fees, debt collection) are your responsibility
3.5 Right of Offset
Clients do not have the right to offset amounts owed to us against supposed claims they have against us.
4. REFUND & CANCELLATION POLICY
4.1 Consumer Right of Withdrawal (14-Day Right)
Who Has This Right?
Only consumers (individuals buying for personal use, not businesses). Business entities do NOT have withdrawal rights unless they qualify as consumers under German law.
The Right:
You have the right to cancel the service agreement within 14 calendar days of signing, without providing a reason.
How to Withdraw:
- Send written notice to: [INSERT EMAIL] or [INSERT POSTAL ADDRESS]
- Subject: "Withdrawal Notice"
- Include: Your name, order/account number, date of contract, and a clear statement of cancellation intent
Withdrawal Period:
Starts from the day after you sign the agreement. The 14th day is the final day.
4.2 Exceptions to the Withdrawal Right
You forfeit your right to withdraw if:
- Services already provided: If we have already substantially begun work (website design started, CRM configured, SEO optimisation underway), you cannot withdraw and receive a refund
- Digital services rendered: Under EU law (Dir. 2011/83/EU), once digital services are substantially provided, withdrawal rights end
- Partially completed services: If 25%+ of the service is complete, you lose the right to a full refund (you pay for work completed)
4.3 Refund Upon Withdrawal (If Applicable)
If you successfully withdraw (and services haven't been substantially provided):
- We refund the amount paid within 14 days of receiving your withdrawal notice
- Refund method: Same method you used to pay (e.g., credit card refunded to card, bank transfer refunded to bank account)
- Deductions: If services have been started, we may deduct reasonable costs (hourly rate: €50-100) for work completed
4.4 Setup Fee Refunds
Setup fees are non-refundable once work has commenced
- Commencement includes: strategy consultation, design drafts, CRM configuration, and content collection
- If you withdraw before any work begins (same day within hours), we may refund the setup fee (discretionary)
4.5 Monthly Subscription Cancellation
Cancellation Notice:
- You can cancel your monthly subscription anytime with 14 days' written notice
- Send notice to: [INSERT EMAIL]
- Subject: "Subscription Cancellation Request"
- Include: Your name, account number, and desired cancellation date (must be at least 14 days away)
Cancellation Takes Effect:
- At the end of your current billing cycle + 14-day notice period
- Example: You cancel on November 15th with 14 days' notice → cancellation effective December 15th → you have access through December 14th
Mid-Month Cancellation:
- If you cancel mid-month, your service continues through the end of the billing month
- No refunds for partial months (you pay for the full month; remainder of access is provided)
- After the cancellation date, your access ends
No Long-Term Contract:
- There is no minimum contract duration or long-term lock-in
- You can cancel anytime with 14 days' notice
- No early termination penalties
4.6 Automatic Renewal
- Your monthly subscription automatically renews every month unless cancelled
- You will NOT be charged after your cancellation takes effect (we will not attempt to collect payment)
- Renewal notifications: We will send reminders before renewal (optional - you must cancel if you don't want to renew)
4.7 Refunds NOT Provided
The following do NOT receive refunds:
- Monthly subscription fees for months you have access (even if you don't use the service much)
- Services already rendered or partially rendered
- Work completed before cancellation takes effect
- Third-party costs (domain fees, payment processing fees, etc.)
5. DATA OWNERSHIP & INTELLECTUAL PROPERTY
5.1 Your Data & Content
Ownership:
You own 100% of:
- Website content (text, images, videos) you provide
- Customer data in your CRM
- All deliverables we create for you (website, automations, landing pages)
- Your business data and customer relationships
Your Right to Use:
- You have full rights to use everything we build for you
- You can modify, reproduce, or distribute it (within legal bounds)
- You can migrate your website, data, or systems to another provider anytime
Your Data After Cancellation:
- If you cancel, you retain all rights to your data
- We will provide you with copies (data export) within 30 days
- You have 90 days to retrieve your data after cancellation; after that, we may delete it
5.2 Our Intellectual Property
What We Retain:
- Design templates, frameworks, and code libraries (non-custom elements)
- Automation workflows and sequences (template versions)
- Documentation, training materials, and methodologies
- Tools, processes, and custom solutions we've developed
Your License:
- You receive a non-exclusive license to use the deliverables we create for your specific business
- You cannot resell, redistribute, or use our templates for competing services without permission
5.3 Photography & Case Studies
Permission to Use Your Project:
- We may request permission to use before/after photos, case studies, or testimonials in our marketing
- We will NOT use your business name, logo, or specific results without explicit written consent
- You can request that we NOT use your project in our portfolio (just ask)
5.4 Third-Party IP
- GoHighLevel CRM, website builder, and platform are GoHighLevel's intellectual property
- Google Analytics, payment processors, and other integrations are their respective IP
- You have license rights through your subscription with those services
6. WARRANTY & LIABILITY LIMITATIONS
6.1 Services "As-Is"
Our services are provided "as-is" without warranties (except as required by law). Specifically, we do NOT guarantee:
- Search engine rankings: We cannot guarantee specific Google rankings or #1 positions (no one can legitimately promise this). We use best practices and optimise for rankings, but algorithm changes, competition, and other factors affect results
- Lead volume or conversion rates: We cannot guarantee X number of leads, appointments, or sales. Lead generation depends on market demand, your pricing, your sales skills, and many factors outside our control
- Revenue or profit: We do not guarantee that the website or CRM will generate specific revenue or profit
- Uptime or 100% availability: While we maintain 99.9% uptime, no service is 100% guaranteed available
- Security breaches: While we use industry-standard security, we cannot guarantee that hacking, data theft, or breaches won't occur (though measures are in place)
6.2 What We DO Guarantee
- We will use professional industry-standard practices for design, development, and optimisation
- We will configure systems according to your requirements
- We will train your team on how to use the systems
- We will provide support during and after implementation
- We will address bugs and technical issues within 24 hours
- Your website will be mobile-responsive and meet modern web standards
6.3 Limitation of Liability
To the fullest extent permitted by law, our total liability for any claims arising from these Terms, our services, or your use of our systems is LIMITED TO:
- The total amount you paid to us in the 12 months preceding the claim, OR
- €500 (whichever is greater)
This limitation applies to:
- Direct damages (lost profits, lost revenue, lost data)
- Indirect damages (consequential, incidental, punitive, or special damages)
- Third-party claims
- Breach of contract
- Negligence
- Any other legal theory
Exceptions (No Liability Limit):
- Your breach of data protection or confidentiality obligations
- Gross negligence or willful misconduct by us
- Death or personal injury caused by our negligence
6.4 Indemnification
You agree to indemnify and hold harmless Aspire Digital Design Agency, its owners, employees, and agents from:
- Claims arising from content you provide (if it violates someone else's rights)
- Your misuse of the website or CRM
- Claims related to your business practices
- Infringement claims related to your products/services
7. CLIENT RESPONSIBILITIES & OBLIGATIONS
7.1 You Must Provide
- Accurate business information (company name, address, contact details, tax ID if applicable)
- Website content (copy, images, branding materials)
- Access to existing systems (email, social media, analytics, if integration is needed)
- Timely feedback and approvals on deliverables (within 5 business days of request)
- Payment on time
7.2 Prohibited Use
You agree NOT to:
- Use the website or CRM for illegal activities (fraud, hacking, etc.)
- Share your login credentials with unauthorised persons
- Attempt to hack, reverse-engineer, or disable the system
- Send spam or illegal content via automations
- Violate anyone's intellectual property or privacy rights
- Use the system to discriminate against protected classes
- Violate applicable laws and regulations
7.3 Data You Control
When you use the CRM to manage customer data:
- You are the data controller (under GDPR)
- We are the data processor (we process data per your instructions)
- You are responsible for:
- Obtaining proper consent from customers to process their data
- Complying with GDPR and German data protection laws
- Providing privacy disclosures to your customers
- Keeping customer data accurate and up-to-date
- Handling customer data deletion requests
We have executed a Data Processing Agreement (DPA) with you that governs how we process data on your behalf.
8. SERVICE DELIVERY & TIMELINES
8.1 Timeline Expectations
Typical timelines are:
- Website design & development: 4-6 weeks (discovery to launch)
- SEO implementation: 2-4 weeks initial setup; results appear over 6-12 weeks
- Automations setup: 2-4 weeks (configuration and testing)
- Lead capture setup: 2-3 weeks (integration and optimisation)
"Approximately": These timelines are estimates, not guarantees. Delays may occur due to:
- Slow client feedback or missing information
- Technical issues beyond our control
- Complexity of custom requirements
- Third-party tool delays
8.2 Client-Caused Delays
If delays are caused by you (late content, slow approvals, missing information):
- Project timeline will be extended accordingly
- We are not liable for timeline slips caused by your delays
- Additional costs may apply if delays require rescheduling of resources
8.3 Our Delays
If delays are caused by us:
- We will notify you immediately
- We will provide a revised timeline
- We may offer partial refunds or service extensions (at our discretion)
- Termination right: If delays exceed 30 days beyond the original timeline, you may terminate with written notice (refund of unearned setup fees)
8.4 Force Majeure
Neither party is liable for delays caused by:
- Acts of God (earthquakes, floods, pandemics)
- War, terrorism, government action
- Internet or utility outages
- Strikes or labour disputes
- Other unforeseeable, uncontrollable events
We will resume services as soon as reasonably possible after force majeure events.
9. SUPPORT & MAINTENANCE
9.1 Support Included
All plans include:
- Email support (response within 24 hours)
- Monthly optimisation call (30-60 minutes)
- Technical assistance for issues related to our services
- Monthly performance reporting and recommendations
9.2 Support NOT Included
We do NOT provide:
- 24/7 emergency support (optional add-on)
- Custom development beyond your plan scope (charged separately)
- Your IT support (we support our services, not your entire IT infrastructure)
- Management of your customer data or business processes (you manage these)
9.3 Maintenance & Updates
- We perform regular maintenance and security updates
- Updates may occasionally cause brief downtime (we minimise this)
- You will be notified in advance of planned maintenance
- Emergency updates may happen on short notice
10. MODIFICATIONS TO TERMS & SERVICES
10.1 Changes to These Terms
We may modify these Terms at any time by:
- Posting the updated Terms on our website
- Notifying you via email (for material changes)
- Date marked "Last Updated" at the top
Your Options:
- Accept the new terms by continuing to use our services
- Reject the new terms by cancelling your subscription (14 days' notice)
- Material changes: If we make material changes, you have 30 days to review before they take effect
10.2 Changes to Services
We may modify, enhance, or discontinue features:
- We will notify you of significant changes
- If a change substantially reduces service quality, you may cancel with 14 days' notice
10.3 Pricing Changes
We may increase prices (for new customers or renewals):
- Existing customers with locked introductory pricing: Your price never increases (locked for life as long as you remain subscribed)
- New customers: Pricing may increase; we will notify 30 days in advance
- If the price increase is unacceptable, you may cancel with 14 days' notice
11. TERMINATION & SUSPENSION
11.1 Termination by You
Cancellation via Written Notice:
- Send written notice to: [INSERT EMAIL]
- 14 days' notice required
- Effective end of current billing cycle + 14 days
Immediate Termination:
You may terminate immediately (without notice) if:
- We breach these Terms and don't fix it within 10 days of written notice
- We are insolvent or unable to perform services
11.2 Termination by Us
We may terminate your service if:
For Non-Payment:
- Payment is more than 30 days overdue
- We will provide 5 days' written notice and opportunity to cure
- If not cured, service is suspended, and the account may be terminated
For Breach of Terms:
- You violate these Terms (e.g., illegal use, sharing login info, unauthorised use)
- We will provide written notice and 10 days to cure (if curable)
- If not cured, we may terminate immediately
For Fraud or Misrepresentation:
- Your account or use of the service involves fraud
- Immediate termination without notice
For Inactivity:
- Account inactive for 12+ months: We may terminate after a 30-day notice
11.3 Suspension (Temporary)
We may suspend your service (without terminating) if:
- Payment fails
- We detect suspicious activity
- Your use violates these Terms
Suspension is typically lifted once the issue is resolved (e.g., payment received).
11.4 Effects of Termination
Upon termination:
- Your access to our services ends
- You retain ownership of your data and content
- You have 90 days to request the export of your data
- After 90 days, data may be deleted
- Monthly fees stop being charged
- Refunds: See Section 4 (generally none for monthly fees after service is rendered)
12. DISPUTE RESOLUTION & GOVERNING LAW
12.1 Governing Law
These Terms are governed by German law (BGB) and the Berlin Commercial Code. German law applies regardless of your location.
12.2 Jurisdiction
- Venue: Berlin courts have jurisdiction over disputes
- Both parties consent to the jurisdiction of the Berlin courts (Landgericht Berlin)
- Either party may pursue legal action in Berlin courts
12.3 Dispute Resolution Process
Before Legal Action:
1. Good-faith negotiation (discuss the problem, try to resolve)
2. Written notice to the other party: [INSERT EMAIL or ADDRESS]
3. 14 days to respond and attempt resolution
4. If unresolved: Either party may pursue legal action
12.4 Informal Resolution
We encourage informal resolution:
- Contact us via email: [INSERT EMAIL]
- Describe the issue clearly
- Propose a resolution
- We will respond within 5 business days
12.5 Mediation (Optional)
Before litigation, either party may propose mediation:
- A neutral third party helps resolve the dispute
- Costs split equally
- Non-binding (either party can still pursue legal action)
12.6 Legal Proceedings
- German law applies
- German courts have exclusive jurisdiction (Berlin)
- Disputes will be handled under German commercial law
- Each party pays its own legal fees unless a court orders otherwise
13. GENERAL PROVISIONS
13.1 Entire Agreement
These Terms, along with any signed service agreement and proposal, constitute the entire agreement between us. All prior negotiations, representations, and agreements are superseded.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court:
- That provision is severed
- Remaining provisions continue in full force
- We will work to find a valid replacement provision that achieves the original intent
13.3 Waiver
Failure to enforce any provision of these Terms does not constitute waiver of that provision. We may enforce it at any time.
13.4 Assignment
- You may NOT assign these Terms or your rights/obligations without our written consent
- We may assign these Terms to a successor company (with 30 days' notice)
13.5 Counterparts
These Terms may be executed in multiple counterparts (email, PDF, etc.), each of which is an original and all of which together constitute one agreement.
13.6 Notices
All notices must be in writing and sent to:
To Us:
Singh Digital Solutions (Aspire Digital Design Agency)
[Your Full Business Address]
Berlin, [Postal Code], Germany
Email: [INSERT EMAIL]
To You:
Address provided in your account or service agreement
Email: provided in your account
Notices are effective upon: (a) receipt if hand-delivered, (b) 3 business days after sending if email, (c) 5 business days if postal mail.
13.7 Independent Contractors
Neither of us is an employee, agent, or partner of the other. We are independent contractors providing services under these Terms.
13.8 No Third-Party Beneficiaries
These Terms benefit only you and us. No third parties have rights under these Terms.
14. SPECIFIC POLICY CLAUSES
14.1 Email Marketing Compliance
Consent:
- We collect email addresses only from persons who opt in (consent-based)
- We do NOT purchase email lists or send unsolicited marketing
- Every email includes an "unsubscribe" link
Legal Basis:
- Germany: UWG (Unfair Competition Act) - consent required
- EU: GDPR - lawful basis required (consent for direct marketing)
Compliance:
- Unsubscribe requests honoured within 24 hours
- No purchase list usage
- Double opt-in confirmation (verify email address)
14.2 CRM Data Processing
When you use our CRM to manage customer data:
- You are the data controller (GDPR Art. 4)
- We are the data processor (GDPR Art. 28)
- Data Processing Agreement: We've executed a DPA with you
- Your Obligations: Ensure customer consent, provide privacy notice, handle deletion requests
- Our Obligations: Process data per your instructions, maintain security, assist with data subject rights
14.3 GDPR Compliance
Aspire Digital Design Agency complies with GDPR:
- Privacy Policy: https://aspiredigitaldesign.de/en/privacy-policy
- Data Processing Agreement: Available upon request
- Incidents: We report data breaches to authorities and customers within 72 hours (as required)
15. SPECIAL CLAUSES FOR INTRODUCTORY CUSTOMERS
15.1 Introductory Pricing Lock
Price Lock Guarantee:
If you sign up for our services during the introductory period (first 20 customers):
- Your monthly subscription rate is locked permanently
- You will NEVER pay more than your introductory monthly rate (€97, €297, or €697 depending on plan)
- This lock applies for the lifetime of your subscription (as long as you remain continuously subscribed)
Exception - Price Increase:
- If you CANCEL and later RE-SUBSCRIBE, you would get current pricing (not introductory)
- If you UPGRADE to a higher tier, the new tier pricing applies
15.2 Introductory Period Limitations
- Limited to the first 20 customers who sign up
- Once 20 customers are reached, introductory pricing expires
- Existing customers keep their introductory pricing locked
- New customers after the 20-customer limit pay regular pricing
16. CONTACT & SUPPORT
For Questions About These Terms:
Singh Digital Solutions (trading as Aspire Digital Design Agency)
[Your Full Business Address]
Berlin, [Postal Code], Germany
Email: [INSERT EMAIL]
Phone: [INSERT PHONE]
Website: [INSERT WEBSITE]
Response Time: We respond to all inquiries within 1-2 business days.
17. ACKNOWLEDGMENT
By using our services, accessing our website, or signing a service agreement with Aspire Digital Design Agency, you acknowledge that:
- You have read and understood these Terms and Conditions
- You agree to be bound by these Terms
- You are of legal age (18+) and authorised to enter into this agreement
- You understand the limitations of liability and warranty disclaimers
END OF TERMS AND CONDITIONS
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