Terms & Conditions.

English translation for information only. The language of the contract and of communication is German. In the event of any discrepancy, the German version prevails (Section 36.5): Allgemeine Geschäftsbedingungen.

Part A — Fundamentals

Section 1 — Scope, contracting party, business customers only

1.1 These General Terms and Conditions (the "Terms") apply to all contracts between

Quantum Collective LLP
Limited Liability Partnership under the laws of the Province of British Columbia, Canada
Registrar of Companies, British Columbia, registration number LL0002489
5307 Victoria Drive #1101, Vancouver, BC V5P 3V6, Canada
Email: hi@the-presence.io

trading under the name "The Presence" (the "Provider"), and its customers (the "customer") regarding the service package "The Presence subscription" and related services. The customer's sole contracting party is Quantum Collective LLP; "The Presence" is a trading name and not a separate legal entity.

1.2 The Provider's services are directed exclusively at businesses (natural or legal persons and partnerships with legal capacity that, when concluding the contract, act in the exercise of their trade, business or profession), at legal persons under public law and at special funds under public law. By concluding the contract the customer confirms that it is entering into the contract in the exercise of its trade, business or profession. No contracts are concluded with consumers. If the customer's confirmation is incorrect, it is liable to the Provider for all resulting disadvantages.

1.3 The Provider does not recognise terms of the customer that conflict with or deviate from these Terms unless it has expressly agreed to their application in text form. These Terms apply exclusively even if the Provider performs without reservation in the knowledge of conflicting terms of the customer.

1.4 These Terms, in the version valid at the time the contract is concluded, also apply to all future contracts with the same customer without any need for renewed reference to them.

1.5 Individual agreements made in the offer or in a separate agreement in text form take precedence over these Terms.

Section 2 — Definitions

For the purposes of these Terms:

• "Subscription" means the service package paid monthly under Sections 5 to 11.
• "Kick-off" means the first substantive working meeting after conclusion of the contract, at which the goals, structure and content of the website are discussed.
• "Go-live" means the point at which the website created is publicly reachable under the agreed domain.
• "Contract month" means the one-month period beginning on the monthly anniversary of the contract start.
• "Content page" means an independent, substantive sub-page of the website; imprint, privacy policy, blog index page and individual blog posts do not count as content pages.
• "Blog post" means an editorial article under Section 8.
• "Calendar week" means the week from Monday to Sunday.
• "Business day" means Monday to Friday excluding public holidays at the customer's registered office.
• "Text form" means a legible declaration that identifies the person making it and is made on a durable medium, in particular an email; no signature is required.

Section 3 — Formation of the contract

3.1 The presentation of services on the Provider's website and in brochures, cover letters and other promotional material is not a binding offer but an invitation to make an offer.

3.2 The free intro call is non-binding and creates no contractual relationship.

3.3 The Provider submits an offer to the customer in text form. The contract is formed when the customer accepts that offer within the period stated in it — in the absence of a stated period, within 14 calendar days — in text form, by electronic signature or by confirmation in the online ordering process. The contract start is determined by receipt of the declaration of acceptance by the Provider. If the offer provides for signature by both parties, the contract is formed with the last signature; that point in time then determines the contract start.

3.4 There is no right of withdrawal, as the contract is concluded exclusively with businesses (Section 1.2).

3.5 Where a natural person acts on behalf of the customer, that person confirms that they are authorised to represent the customer.

Section 4 — Subject matter and legal nature

4.1 The subject matter of the contract is the ongoing management of the customer's digital presence as a continuing obligation, comprising the creation and operation of a website together with the ongoing services under Sections 7 to 11.

4.2 The contract is a service contract. The Provider performs the services with the care that can customarily be expected of a skilled service provider in business dealings.

4.3 The Provider owes the professional performance of the agreed services, but not a commercial outcome. In particular, it does not owe any specific search engine positions, any specific visibility in AI-assisted search systems, or any specific number of visitors, enquiries, orders or revenues.

4.4 The scope of services is determined by the offer and these Terms. Statements in promotional material, on the Provider's website, in the intro call and in sales conversations, as well as analyses, audits, reports, scores and forecasts prepared by the Provider before conclusion of the contract, are neither assurances nor warranties (representations, warranties) and do not become part of the contract. The customer confirms that it has not entered into the contract in reliance on such statements.

Part B — The Provider's services

Section 5 — Website creation and design

5.1 The Provider creates a website for the customer with up to five content pages. Imprint, privacy policy and blog index page are created in addition and do not count towards that allowance.

5.2 Design, structure and copy are developed individually for the customer. In doing so, the Provider uses its own templates, building blocks, frameworks and systems; the choice of technical implementation, content management system and tools used rests with the Provider.

5.3 Three rounds of revisions in text form are included in the scope of services. Presentation of the first draft counts as revision round 1. The customer submits its revision requests collectively for each round via the online tools provided by the Provider for that purpose or in text form. Comments made via these online tools are deemed to have been given in text form. Revision meetings by telephone or video conference are not part of the allowance.

5.4 There is no entitlement to a complete redesign. If the customer wants a fundamentally different design approach, this is not a revision but an additional service under Section 12. The same applies to revision requests once the allowance has been used up.

5.5 Approval. The customer must review the submitted draft within ten business days of receipt and, via the online tools provided for that purpose or in text form, either approve it or submit revision requests. If the customer does not respond within that period, the draft is deemed approved.

5.6 On approval of the final draft, the creation work is deemed to have been performed in accordance with the contract and accepted by the customer. Objections to the design and content of approved drafts are thereafter excluded; Section 29 applies to technical defects.

Section 6 — Go-live and the "14 days" figure

6.1 The Provider aims to take the website live within 14 calendar days of the kick-off. This figure is a target period, not a binding deadline; the time of performance is not of the essence (time is not of the essence).

6.2 The target period assumes that the customer promptly supplies all content, access credentials and approvals required under Section 15. Delays attributable to the customer or third parties (in particular registration of the domain, setting up the DNS records under Section 7.7, availability of access credentials) extend the period accordingly.

6.3 Exceeding the target period does not affect the customer's payment obligation and gives rise to no claim to reduction, refund or damages.

6.4 If the Provider is responsible for the delay in go-live and the website is still not live more than 60 calendar days after the kick-off through no fault of the customer, the customer may terminate the contract for cause after a further period of 14 days set in text form has expired without result. Fees already paid for months without a live website are refunded in that case.

Section 7 — Hosting, SSL and domain

7.1 The Provider operates the website for the term of the contract on infrastructure of its choosing, including setting up and renewing an SSL/TLS certificate.

7.2 Availability. The Provider targets availability of the website of 99% on a monthly average. The following do not count as downtime: announced maintenance windows, periods of force majeure, disruptions at upstream suppliers and network operators, third-party attacks (in particular DDoS), disruptions of the domain or its DNS management at the customer or its registrar, and outages caused by the customer's content, interventions or access credentials. There is no claim to credits or contractual penalties if availability falls short; in the event of permanent non-performance the customer has exclusively the rights under Section 25.3.

7.3 Maintenance. The Provider announces scheduled maintenance work where possible and carries it out primarily outside normal business hours.

7.4 Backups. The Provider takes regular backups of the website and retains them for 30 days. The customer remains obliged to back up its own content that is important to it (in particular image, text and raw material) itself; the Provider's backup does not replace the customer's own backup.

7.5 Domain. The domain is not part of the services included in the subscription. The customer registers and holds it in its own name and at its own cost with a provider of its choice; the contractual relationship with that provider exists exclusively between that provider and the customer. Renewal and fees of the domain, as well as all other services operated via the domain, in particular email mailboxes, are the customer's responsibility unless the add-on option under 7.6 has been agreed. If the customer does not yet have a domain, the Provider assists it with selection and registration on request.

7.6 Add-on option domain hosting. On request, the Provider takes over hosting of the domain for an additional fee of EUR 49.00 net per contract month. The option comprises registration or transfer of the domain, its renewal including the fees for a standard domain with a common extension, and DNS management. Email mailboxes and premium domains are not included. The customer remains the registrant of the domain. The option is agreed in the offer or separately in text form and may be terminated separately on one month's notice to the end of a month. If the option or the contract ends, the Provider releases the domain for transfer and provides the auth code free of charge.

7.7 Connecting the domain. The Provider informs the customer of the DNS records required to serve the website. The customer sets up these records or grants the Provider access to its DNS management for that purpose. If the add-on option under 7.6 has been agreed, the Provider sets up the records itself. The Provider changes only the records required for the website; records of other services, in particular for email, remain unaffected. The Provider is liable for disruptions to such services only to the extent that it has caused them through an incorrect change of its own.

7.8 Fair use. Storage and traffic volumes customary for websites of the agreed type are included. If actual usage substantially and persistently exceeds that level, the Provider will inform the customer and submit an offer for an adjustment.

Section 8 — Editorial services (one blog post per week)

8.1 The Provider produces and publishes one blog post per calendar week, beginning with the contract month following go-live. The Provider owes no blog posts for the contract month of go-live itself.

8.2 The Provider selects topics on editorial and search-related criteria. The customer may suggest topics; the Provider takes them into account where they make editorial sense.

8.3 No minimum or maximum article length is agreed. The Provider determines scope and structure at its professional discretion.

8.4 Approval and forfeiture. The Provider submits the articles to the customer for approval. The customer must approve them or submit change requests in text form within five business days; if the customer does not respond, the article is deemed approved and is published. If the customer does not give approval in time and instead raises objections that prevent publication in the current calendar week, the article is forfeited for that week. There is no claim to make-up articles, accrual, carry-over to subsequent weeks or months, credit or reduction.

8.5 Editorial responsibility and tools used. Research, structure and the final editorial version of the articles are the Provider's responsibility. The Provider is free to choose the tools and methods used and reserves the right to use AI-assisted systems in support, in particular for research, structuring and drafts. Every article is editorially reviewed before submission to the customer. The customer consents to the use of such tools.

8.6 Where content has been produced using AI-assisted tools, it may, under current law, be ineligible for copyright protection or only partly eligible. The Provider gives no warranty as to the protectability of individual content.

8.7 Checking professional, sector-specific, regulatory and advertising-law statements is the customer's responsibility as part of the approval under 8.4.

Section 9 — Search engine optimisation and visibility in AI search systems

9.1 The Provider performs ongoing search engine optimisation measures, in particular technical optimisation, optimisation of structure, content and loading times (on-page), building and maintaining links (off-page), and providing structured data for use by AI-assisted search systems.

9.2 The Provider gives no guarantee and no assurance regarding specific positions in search results, inclusion or mention in AI-generated answers (in particular ChatGPT, Perplexity, Google AI Overviews), specific visitor numbers or specific business results. The workings of those systems are outside the Provider's sphere of influence and may change at any time without notice.

9.3 If operators of search engines or AI systems change their procedures, guidelines or interfaces, the Provider adapts its measures at its own professional discretion. There is no claim to the continuation of specific individual measures.

9.4 The Provider uses only methods that comply with the guidelines of the respective providers. The Provider may refuse measures requested by the customer that violate such guidelines or applicable law.

9.5 No specific number of links (backlinks) is owed.

Section 10 — Google Business Profile

10.1 The customer remains the owner of the Google Business Profile. It grants the Provider the management rights required for the term of the contract and does not withdraw them without prior consultation.

10.2 The Provider maintains core data, categories, opening hours, posts and imagery. The Provider is not liable for the operator's decisions (in particular suspension, deletion, merging or modification of profiles, or rejection of content).

10.3 The Provider does not influence reviews; obtaining or influencing reviews is not part of the subject matter of the contract.

Section 11 — Monthly reporting

11.1 The Provider provides a digital report for each contract month covering, in particular, visitor numbers, ranking development, mentions in AI systems and Google Business Profile metrics, to the extent that data is available.

11.2 The metrics come from third-party systems. The Provider gives no warranty as to their accuracy, completeness or continued availability.

Section 12 — Services not included, additional services

12.1 Not included in the subscription are, in particular:

• online shops, cart, payment and booking functions,
• customer accounts, login and member areas,
• multilingual versions of the website,
• photo, video and graphic production as well as image licences for the customer's photographic material,
• paid advertising of any kind (in particular Google Ads, social ads) and the advertising budgets required for it,
• process automation, interfaces and integrations with third-party or ERP systems,
• the creation, review or updating of legal texts (in particular imprint, privacy policy, terms and conditions, withdrawal instructions),
• support, maintenance or migration of existing websites outside the subject matter of the contract,
• registration, renewal and management of domains, unless the add-on option under Section 7.6 has been agreed, as well as email mailboxes and other services operated via the customer's domain,
• change requests beyond the allowance under Section 13.

12.2 Additional services are charged on a project basis under a separate offer in text form. No hourly rate is agreed. Without an accepted offer there is no obligation to perform.

Section 13 — Change requests after go-live

13.1 After go-live, one change request per contract month is included in the subscription. Change requests cover text and minor content adjustments to existing pages (for example replacing sections of copy, opening hours, contact details, individual images).

13.2 Unused change requests lapse at the end of the contract month and do not accrue.

13.3 More extensive changes, in particular new sub-pages, structural rebuilds, redesigns and new functionality, are additional services under Section 12.

13.4 The Provider may make adjustments required for technical or security reasons itself at any time.

13.5 The customer may not intervene in source code, configuration or servers itself without prior consultation. If disruptions arise as a result, the customer bears the cost of restoration.

Section 14 — Subcontractors and third-party providers

14.1 The Provider may use subcontractors, freelancers and service providers to perform its services. It remains the customer's sole contracting party and point of contact.

14.2 The Provider uses third-party services, in particular hosting and cloud providers, analytics and AI services. The Provider is liable for outages, service changes or discontinuation of such services only in accordance with Section 30.

Part C — The customer's duties

Section 15 — Duties to cooperate

15.1 The customer names a contact person with decision-making and approval authority and an email address at which that person can be reached. Declarations sent by the Provider to that address are deemed received.

15.2 The customer supplies all content, information and materials required for performance, complete and in usable form, in particular details of the business and its offering, logo and imagery, existing copy, as well as access to the existing website, to web analytics and to the Google Business Profile and, unless it sets up the DNS records itself, to its DNS management (Section 7.7).

15.3 The customer answers the Provider's queries and approval requests within ten business days; the shorter period under Section 8.4 applies to blog posts.

15.4 If the customer does not meet its duties to cooperate in time, performance periods are extended accordingly. The payment obligation is unaffected; the contract start and the minimum term do not shift.

15.5 If the customer fails to cooperate for a period of more than 60 calendar days despite two requests in text form, the Provider may treat the creation work as performed at the stage reached, take the website live on the basis of the information available and provide the ongoing services on that basis. The Provider's rights under Section 25 remain unaffected.

15.6 If breaches of the duties to cooperate cause the Provider demonstrable additional effort, the Provider may invoice it separately after prior notice.

Section 16 — Customer content, third-party rights, indemnity

16.1 The customer warrants that it holds the necessary rights to all content it supplies (text, images, video, logos, trade marks, data) and may grant the Provider the rights of use required to perform the contract. It grants the Provider those rights for the term and purpose of the contract.

16.2 The customer ensures that the content it supplies does not infringe applicable law, third-party rights or regulatory requirements.

16.3 The customer indemnifies the Provider against all third-party claims and measures by authorities asserted or taken against the Provider that are based on content supplied or approved by the customer, on its information or instructions, on a breach of contract by the customer or on the professional, advertising and competition law rules applicable to its business, including the costs of legal defence in full. The Provider informs the customer of such claims without undue delay. The Provider is entitled to conduct the defence itself; the customer supports it in doing so at its own expense.

16.4 The Provider is under no obligation to carry out a legal review of content supplied or approved by the customer.

Section 17 — Mandatory legal content on the website

17.1 The Provider sets up the technical prerequisites for mandatory disclosures, in particular an imprint page, a privacy page and — where required — a consent solution for cookies and comparable technologies.

17.2 The customer alone is responsible for the content, accuracy, completeness and currency of the legal texts. The Provider gives no legal advice and owes no legal review. Templates provided by the Provider are non-binding working aids.

17.3 The Provider builds the website to recognised technical standards. No assurance of conformity with digital accessibility legislation (in particular the BFSG) is given unless expressly agreed in the offer. Assessing whether and to what extent such rules apply to the customer's business is the customer's responsibility.

Part D — Fees and payment

Section 18 — Fees

18.1 At the time of contracting, the customer chooses between two payment options for the same scope of services:

a) monthly payment: EUR 297.00 net per contract month, or

b) annual payment: EUR 3,000.00 net in advance for twelve contract months.

Both payment options cover the full scope of services under Sections 5 to 11 including ongoing management. The website is not offered for purchase without ongoing management.

18.2 A setup fee is payable only if it is stated in the offer; its amount depends on the scope of services.

18.3 The payment obligation begins on conclusion of the contract (Section 23.1) and is independent of the timing of the kick-off and go-live.

18.4 With annual payment there is no claim to a pro-rata refund on early termination of the contract; Section 6.4 remains unaffected.

18.5 If the contract continues after the end of the minimum term (Section 24.1), annual payment is billed in advance for further periods of twelve contract months unless the customer opts for monthly payment in text form at least one month before the end of the billing year.

18.6 Additional services under Section 12 are charged separately. The add-on option domain hosting under Section 7.6 costs EUR 49.00 net per contract month.

18.7 All prices are net, plus any statutory taxes as set out in Section 20.

Section 19 — Due dates and payment method

19.1 Invoices are sent electronically in text form and are due for payment without deduction within seven calendar days of receipt.

19.2 Payment is made by SEPA direct debit, credit card or bank transfer at the Provider's choice. For direct debit, the customer issues a SEPA B2B or SEPA core direct debit mandate. The period for advance notice (pre-notification) is shortened to one day.

19.3 The Provider may use payment service providers. Their terms apply additionally in the relationship between the customer and the payment service provider.

19.4 The customer bears the cost of any returned direct debit for which it is responsible. The Provider charges a flat fee of EUR 10.00 for this plus the charges levied by the bank.

Section 20 — Taxes, reverse charge

20.1 The Provider is established outside the European Union. For services to businesses, the place of supply under the VAT law of the state in which the customer is established is generally the customer's place of establishment (in Germany Section 3a(2) UStG); the tax liability shifts to the customer (reverse-charge procedure, in Germany Section 13b UStG). Invoices are issued without VAT shown and with a corresponding note.

20.2 Before conclusion of the contract, the customer provides the Provider with its VAT identification number or tax number and confirms its status as a business. It notifies any changes without undue delay.

20.3 The customer is itself responsible for the correct VAT treatment on its side. The Provider expressly points out that small businesses within the meaning of Section 19 UStG owe the tax themselves under the reverse-charge procedure and are generally unable to deduct it as input tax.

20.4 If the customer provides incorrect information about its status as a business or its tax number, it is liable for any resulting taxes, interest and costs and indemnifies the Provider accordingly.

20.5 If VAT becomes payable in future due to a change in the law or in the Provider's place of establishment, it is added to the agreed net prices.

20.6 The customer's payments are made without deduction of taxes, levies or charges. If the customer is required by law to make a tax deduction, the amount payable is increased so that, after the deduction, the Provider receives the amount it would have received without the deduction.

Section 21 — Late payment and suspension of service

21.1 If the customer does not pay within the period under Section 19.1, it is in default without further reminder.

21.2 The Provider may claim default interest at a rate of 18% per year (equivalent to 1.5% per month) from the due date. In addition, the customer reimburses the Provider in full for all costs of collection, in particular collection agency, court and legal fees.

21.3 Suspension of service. If a payment due is more than 14 calendar days overdue, the Provider may suspend all services and in particular take the website offline. The Provider gives the customer prior notice of this in text form, setting a period of five calendar days. Suspension does not affect the customer's payment obligation for the period of suspension. It takes place exclusively on the Provider's infrastructure; the customer's domain and the services operated via it, in particular email, remain unaffected, even if the Provider manages the domain under Section 7.6.

21.4 Once all outstanding amounts have been settled in full, the Provider restores the services without undue delay. The Provider may charge a processing fee of EUR 49.00 for reactivation.

21.5 If the customer is in default, in whole or in part, with an amount equal to at least two monthly instalments or with an annual instalment due, the Provider may terminate the contract for cause. In that case the customer pays, as lump-sum damages (liquidated damages), 80% of the fees that would still have accrued until the end of the minimum term or, if the minimum term has expired, until the next possible date for ordinary termination by the customer; the amount is due immediately. The parties regard this amount as a reasonable pre-estimate of the loss the Provider suffers from the loss of fees less expenses saved; it is not a contractual penalty.

21.6 On termination under 21.5, no rights of use transfer under Section 27; a transfer that has already taken place under Section 27.2a remains unaffected. The website is taken offline; the files and content created for it remain with the Provider. The customer's ownership of the domain and its rights in content it supplied itself remain unaffected.

21.7 In the event of significant payment default, the Provider may require payment in advance for the future.

21.8 To the extent that interest, fees or other amounts under the contract are deemed interest under applicable law and would exceed the maximum rate permitted by law, they are limited to that maximum rate. Amounts paid in excess are credited against the principal claim.

Section 22 — Price adjustment

22.1 Fees are fixed during the minimum term under Section 23.2.

22.2 After the end of the minimum term, the Provider may adjust the fee no more than once in any twelve months. The adjustment must be notified to the customer in text form at least three months before it takes effect.

22.3 The adjustment takes effect on the notified date. The customer remains free to give ordinary notice of termination under Section 24.2; there is no separate right of termination.

22.4 The Provider may pass on increases in taxes, levies and third-party charges directly.

Part E — Term and termination

Section 23 — Contract start and minimum term

23.1 The contract begins when it is formed under Section 3.3.

23.2 The minimum term is twelve months from the contract start. It is independent of the timing of the kick-off, of go-live and of the use of individual services.

23.3 The kick-off should take place within 14 calendar days of the contract start. If the customer delays the kick-off, the start of the minimum term does not shift.

Section 24 — Renewal and ordinary termination

24.1 After the end of the minimum term, the contract continues for an indefinite period.

24.2 Either party may terminate the contract on three months' notice to the end of a month, but at the earliest with effect from the end of the minimum term. Notice may already be given during the minimum term; it then takes effect at the end of the minimum term.

24.3 Termination requires text form. An email to the address given in the imprint is sufficient. The Provider confirms receipt and the termination date in text form.

24.4 The date the declaration is received is decisive for the time of termination.

Section 25 — Termination for cause

25.1 Termination for cause with immediate effect is only possible in the cases under 25.2 and 25.3 and under Section 31.2.

25.2 The Provider may terminate for cause in the event of:

a) late payment under Section 21.5,

b) continued breach of the duties to cooperate despite a deadline having been set (Section 15.5),

c) a request to publish unlawful, misleading or infringing content despite notice,

d) the opening of insolvency proceedings over the customer's assets or their rejection for lack of assets, comparable proceedings under the law of the customer's registered office, or cessation of payments,

e) serious conduct towards the Provider's staff or subcontractors that makes cooperation unreasonable,

f) any other material breach of contract by the customer that the customer does not remedy within 14 calendar days of a request in text form,

g) content or business activities of the customer that are liable to cause significant damage to the Provider's reputation.

25.3 The customer may terminate for cause in the event of repeated material non-performance of the agreed services that the Provider does not remedy within 30 calendar days of a request in text form, and in the case covered by Section 6.4.

25.4 Termination for cause requires text form and a statement of the reason for termination.

25.5 Beyond the rights under Sections 6.4, 24, 25.3, 26 and 31.2, the customer has no right to end the contract early or to withdraw from it, on whatever legal grounds.

25.6 If the Provider terminates under 25.2(a) to (c), (e) or (f), Section 21.5 sentences 2 and 3 and Section 21.6 apply accordingly.

Section 26 — Early buy-out by the customer

26.1 By way of derogation from Section 24.2, the customer may end the contract early at any time by making a buy-out payment of 75% of the monthly instalments still outstanding until the end of the minimum term. The buy-out payment falls due immediately on receipt of the corresponding invoice. With annual payment (Section 18.1(b)) the fee has already been paid in full; no buy-out payment arises in that case.

26.2 The contract ends when the buy-out payment has been received in full, at the end of the current contract month. The legal consequences under Sections 27 and 28 apply as on ordinary termination after the end of the minimum term; in particular, the rights of use under Section 27.2 transfer to the customer.

26.3 The buy-out payment is the consideration for an early termination chosen by the customer and not a contractual penalty. The buy-out right creates no obligation on the customer and in particular does not exclude termination under Section 25.

Section 27 — Rights of use in the website

27.1 During the term of the contract, the customer receives a simple, non-transferable and non-sublicensable right to use the website created for it, for operation under the agreed domain. Modification, reproduction, transfer or other exploitation is not permitted until the transfer of rights under 27.2.

27.2 Transfer of rights with monthly payment. If the contract ends by ordinary termination (Section 24) or by buy-out (Section 26) and the customer has paid the fee for at least twelve contract months in full, the customer receives, on termination of the contract, a simple, transferable right of use, unlimited in time and territory, in the website individually created for it, including design, structure, copy and published blog posts. The Provider provides the export under Section 28.2 for this purpose.

27.2a Transfer of rights with annual payment. With annual payment under Section 18.1(b), the right of use under 27.2 transfers to the customer as soon as the advance payment has been received in full, without the contract having to end. The transfer remains unaffected by the further course of the contractual relationship. The ongoing management under Sections 5 to 11 is not affected by this; the website continues not to be offered for purchase without ongoing management (Section 18.1). The Provider provides the export under Section 28.2 at the customer's request, and otherwise on termination of the contract.

27.2b Transfer agreement. The parties conclude a separate transfer agreement on the transfer of rights under 27.2 and 27.2a at a nominal purchase price of EUR 1.00 net. The Provider presents it to the customer without being asked: with annual payment after receipt of the advance payment, otherwise by the end of the contract. The agreement documents the transfer; it is not a prerequisite for the transfer taking effect.

27.3 Excluded from the transfer of rights are:

a) the Provider's base system, its frameworks, libraries, building blocks, tools and reusable components; in these the customer receives only a simple right of use in connection with operating its website,

b) third-party content, in particular fonts, imagery, icons and software licences; continued use of these is governed by the respective licence terms, and the customer may need to acquire its own licences,

c) the Provider's concepts, methods, know-how and templates as such.

27.4 There is no claim to release of the full source code of the base system, to documentation or to further development.

27.5 No transfer of rights takes place if the contract ends before twelve fully paid contract months have elapsed, or on termination for cause by the Provider for a reason attributable to the customer (Section 25.2). In those cases the right of use under 27.1 also ends on termination of the contract. 27.5 does not apply to customers with annual payment for whom the transfer under 27.2a has already taken place.

27.6 The customer's rights in content it supplied itself remain unaffected in every case.

27.7 The Provider reserves the right to use the services performed for the customer as a reference under Section 33.

Section 28 — Consequences of termination

28.1 Until termination takes effect, the Provider continues to provide the agreed services unchanged; the customer remains obliged to pay.

28.2 Handover. Where the conditions of Section 27.2 are met, the Provider provides the customer with the following within ten business days of a request by the customer in text form:

a) an export of the website files and content in a common format,

b) details of the DNS records the customer must adjust to move the website to a new hosting provider and, where the add-on option under Section 7.6 has been agreed, additionally the release of the domain for transfer with a free auth code,

c) the return of all management rights, in particular to the Google Business Profile.

28.3 The request under 28.2 must be made early enough before the end of the contract for the handover to be completed within the remaining term. Providing target hosting, setting up the website with the new service provider and switching the DNS records are the customer's responsibility; migration support is an additional service under Section 12.

28.4 If no handover takes place by the end of the contract, the website is taken offline at the end of the contract.

28.5 The Provider deletes the customer's data 30 days after the end of the contract unless statutory retention obligations apply. After that period there is no further claim to release of the data. More extensive provisions of a data processing agreement take precedence.

28.6 In the cases under Section 27.5, there is no claim to the export under 28.2(a). The customer's domain remains unaffected; the Provider merely removes the website from its infrastructure and returns any access to the DNS management granted to it. If the Provider manages the domain under Section 7.6, it releases the domain for transfer.

Part F — Warranty, liability, final provisions

Section 29 — Warranty and notification of defects

29.1 The Provider warrants that it performs the services to the standard set out in Section 4.2. Any further warranties, representations and conditions, whether express or implied, statutory or arising from trade usage, in particular as to merchantability, fitness for a particular purpose, uninterrupted or error-free availability and specific results, are excluded to the extent permitted by law.

29.2 If the Provider breaches the warranty under 29.1, it remedies or re-performs the affected service within a reasonable period. This is the customer's sole and exclusive remedy; Section 25.3 remains unaffected.

29.3 Defects must be notified in text form without undue delay after discovery, obvious defects within ten business days of approval (Section 5.6), with a comprehensible description and, where possible, details of reproducibility. If no notification is made, the service is deemed to be in accordance with the contract in that respect.

29.4 There is no defect where deviations are attributable to: content supplied or approved by the customer, interventions by the customer or third parties, the particularities of individual devices, browsers or browser versions, disruptions at upstream suppliers, or changes to third-party services.

Section 30 — Liability

30.1 The Provider is not liable for indirect damage, consequential damage, special damage and punitive damages (indirect, consequential, special and punitive damages), in particular not for lost profit, lost revenue, missed enquiries or orders, loss of rankings, visibility, data, goodwill or reputation, or for business interruption.

30.2 The Provider's liability arising from or in connection with the contract is limited, for all events of damage together, to the fees actually paid by the customer in the twelve months before the event giving rise to the damage.

30.3 The limitations under 30.1 and 30.2 apply to all claims, on whatever legal grounds, in particular in contract, in tort including negligence of any degree (negligence) and under strict liability, even if the Provider has been advised of the possibility of damage. They do not apply in the case of fraud and wilful misconduct (fraud, wilful misconduct) or to the extent that mandatory law prescribes more extensive liability.

30.4 The parties have agreed the fees taking this allocation of liability into account.

30.5 For loss of data, the Provider is liable only up to the cost that would have been required for restoration had the customer backed up its data properly and regularly.

30.6 The Provider is not liable for the acts, decisions, service changes and outages of third parties, in particular search engine, AI, hosting and domain providers.

30.7 The foregoing limitations also apply for the benefit of the Provider's legal representatives, partners (partners), staff, vicarious agents and subcontractors. To that extent, the Provider also acts as agent and trustee for these persons.

30.8 The customer's claims against the Provider are excluded unless the customer asserts them in court within twelve months after it became aware, or without gross negligence should have become aware, of the circumstances giving rise to the claim.

Section 31 — Force majeure

31.1 Events of force majeure that make performance substantially more difficult or impossible for the Provider entitle it to suspend performance for the duration of the impediment. Force majeure includes all events beyond its reasonable control, in particular natural disasters, war, terrorism, civil unrest, strikes, official measures, changes in the law, epidemics, large-scale failures of power or telecommunications networks, cyber attacks, and disruptions, changes or discontinuation of third-party services, in particular of hosting, domain, AI and search engine providers.

31.2 If the impediment lasts longer than 60 calendar days, either party may terminate the contract for cause. No further claims arise. Payment obligations of the customer that have already fallen due remain unaffected.

Section 32 — Confidentiality

32.1 Both parties treat all non-obvious information about the other party obtained in the course of the cooperation as confidential and use it solely for the purposes of the contract.

32.2 The obligation applies for the term of the contract and for three years thereafter. Statutory disclosure obligations remain unaffected.

32.3 Section 33 remains unaffected.

32.4 The Provider may disclose confidential information to subcontractors, advisers, lenders and potential acquirers or legal successors, provided they are bound to confidentiality.

Section 33 — Reference

33.1 The Provider may name the customer as a reference with company name, logo, images of the website created and a link, in particular on its website, in presentations and on social media. The customer may object to this at any time in text form with effect for the future.

33.2 The Provider may place a discreet credit indicating its authorship, together with a link, in the footer of the website. After the end of the contract and the transfer of rights, the customer may remove that credit.

Section 34 — Set-off, retention, assignment

34.1 The customer is not entitled to set off against the Provider's claims or to make deductions from them, on whatever legal grounds.

34.2 The customer is not entitled to withhold payments, including on account of objections to the Provider's services.

34.3 The Provider may transfer its rights and obligations under this contract in whole or in part to an affiliated or successor company or to an acquirer of its business; the customer hereby consents to such transfer in advance. The customer is informed of this in text form. The customer may transfer rights and obligations under the contract only with the Provider's prior consent in text form.

Section 35 — Changes to these Terms

35.1 The Provider may amend these Terms with effect for the future where there is an objective reason for doing so, in particular a change in the law, in case law, in technical developments, in the upstream services used or in the Provider's organisation.

35.2 Changes are notified to the customer in text form at least 30 calendar days before they take effect. If the customer does not object in text form by the time they take effect, the changes are deemed accepted. The Provider separately points out the significance of silence in the notification.

35.3 If the customer objects, the contract continues for the customer on the existing terms. In that case the Provider may terminate the contract on one month's notice.

35.4 Changes to the subject matter of the contract and to the fees are excluded from this procedure; Section 22 applies to them.

Section 36 — Final provisions

36.1 Amendments and additions to the contract, and any side agreements, require text form and a declaration by a person authorised to represent the Provider. This also applies to any waiver of this text form requirement. The Provider's staff, sales partners and subcontractors are not authorised to make commitments that deviate from the contract.

36.2 Declarations to the Provider, in particular notices of termination, must be sent to the address given in Section 1.1 or to hi@the-presence.io.

36.3 The contract and all claims arising from or in connection with it, including non-contractual claims, are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules of private international law do not apply.

36.4 The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the competent courts of the Province of British Columbia in Vancouver. The Provider is in addition entitled to bring proceedings against the customer at the customer's registered office or before any other court having jurisdiction over it, including by way of court proceedings for a payment order. The customer submits to the jurisdiction of the courts under sentence 1 and waives any objection that those courts lack jurisdiction or are an inconvenient forum (forum non conveniens).

36.5 The language of the contract and of communication is German. Translations are for information only; in the event of discrepancies, the German version prevails.

36.6 The contract, consisting of the offer or contract document, these Terms and, where applicable, a data processing agreement, contains the entire agreement of the parties regarding its subject matter (entire agreement). Prior or contemporaneous oral or written arrangements, assurances and statements do not form part of the contract.

36.7 Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions is unaffected. The affected provision is deemed agreed to the greatest extent to which it is valid and enforceable.

36.8 If the Provider does not exercise a right or exercises it late, this does not constitute a waiver. A waiver requires an express declaration in text form.

36.9 Provisions which by their nature continue to have effect beyond the end of the contract, in particular those on payment obligations, rights of use, indemnity, liability, confidentiality, choice of law and place of jurisdiction, survive the end of the contract.

36.10 The parties are independent contracting parties. The contract creates no partnership, employment, agency or fiduciary relationship (fiduciary relationship).

36.11 The contract may be signed electronically and in several counterparts (counterparts), which together form a single instrument. Electronic signatures are equivalent to handwritten signatures.

36.12 Notices from the Provider to the email address named under Section 15.1 are deemed received on the day they are sent, unless the Provider receives a notice of non-delivery.

36.13 Headings are for convenience only. The words "in particular" and "including" introduce examples and are not limiting. These Terms are not to be construed against the Provider on the ground that it drafted them.

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Version of these terms

Version dated 07.10.2026. The version applicable when the contract is concluded is decisive (Section 1.4).

Supplementary documents

• Data processing agreement (Art. 28 GDPR) — Annex 2 to the contract for The Presence subscription, concluded together with the contract (Section 36.6)
• Service description / offer — takes precedence over these terms
• The Provider's privacy policy for its own website

Binding German version: AGB. Continue to the imprint.