General Terms and Conditions.
These General Terms and Conditions (AGB) govern the contracts between ClickClickPlay OÜ - which operates IT Outsource 360 - and its business clients for web development, software and related services.
For businesses only. IT Outsource 360 provides its services exclusively to businesses - entrepreneurs within the meaning of section 14 of the German Civil Code (BGB). We do not contract with consumers, and no consumer withdrawal right applies.
1. Scope
1.1 These terms apply to all contracts, deliverables and services provided by ClickClickPlay OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia, operating under the name IT Outsource 360 ("we", "us", "the Provider"), to its clients ("Client").
1.2 Our services are directed at businesses. The Client confirms that it enters into the contract in the exercise of its commercial or independent professional activity (entrepreneur within the meaning of section 14 of the German Civil Code, BGB).
1.3 The Client's own terms and conditions do not apply, even if we do not expressly object to them, unless we have agreed to their validity in text form.
2. Formation of contract
2.1 Our presentations on this website and in brochures, including the price calculator, are non-binding and do not constitute a binding offer.
2.2 Following a consultation we provide a written, itemised fixed-price offer. The contract is formed when the Client accepts that offer in text form (e.g. by email). Text form is sufficient throughout; no written signature is required.
3. Scope of services
3.1 The services owed are defined exclusively by the accepted offer. Websites are provided at a fixed price; custom software, admin portals and platforms are scoped, prototyped and quoted per project.
3.2 Ongoing support and maintenance is a separate service, provided on a subscription basis as described in clause 9.
3.3 Services or features not listed in the accepted offer are not owed and are quoted separately (see clause 6).
4. Prices and payment
4.1 All prices are net and are stated exclusive of statutory value added tax, which is added where applicable and shown on the invoice.
4.2 Unless otherwise agreed, a deposit of 50% of the one-time build price is due on formation of the contract; the remaining balance is due on go-live or acceptance (clause 8). We begin work once the deposit has been received.
4.3 Support is billed separately, in advance, monthly or annually, on the term set out in clause 9.
4.4 Invoices are payable within 14 days of the invoice date without deduction, unless a different period is agreed. In the event of default, statutory provisions apply.
5. The Client's duty to cooperate
5.1 The Client provides, in good time and free of charge, the content, texts, images, logos, access data and information reasonably required for the project, and grants us the rights needed to use them for the project.
5.2 The Client warrants that the materials it provides do not infringe third-party rights (in particular copyright, trademark, competition or personality rights) and releases us from third-party claims arising from a breach of this warranty.
5.3 Where the Client fails to cooperate, or does so late, agreed dates are extended accordingly and any resulting additional expense may be invoiced.
6. Timelines and changes
6.1 Delivery dates are estimates and non-binding unless expressly agreed as fixed in text form. Where we state a first working draft within ten days, this period begins once the deposit has been received and the Client has provided the materials needed to start.
6.2 Requests to change or extend the agreed scope are documented and quoted separately; the affected timelines adjust accordingly.
7. Third-party services and content
The project may incorporate third-party components (for example open-source software, fonts, hosting or payment services). These remain subject to their own licences and terms. Where the Client requires third-party services (such as hosting or a payment provider), the corresponding contracts are concluded between the Client and the respective provider, unless expressly agreed otherwise.
8. Acceptance
8.1 On completion we make the deliverable available to the Client for review. The Client examines it and declares acceptance without undue delay.
8.2 The deliverable is deemed accepted if the Client does not refuse acceptance in text form, stating at least one defect, within 14 days of being made available, or if the Client uses the deliverable productively (for example by taking a website live).
9. Support, hosting and maintenance
9.1 Support is provided on a minimum term of twelve months and covers, as agreed, hosting, updates, security patches and minor content changes. After the first year it may be cancelled with 30 days' notice to the end of a month.
9.2 Support does not include new features, redesigns or work outside the agreed scope; these are quoted separately.
10. Rights of use
10.1 On full payment of the agreed remuneration for the deliverable, the Client receives the simple (non-exclusive), transferable, temporally and geographically unrestricted right to use the delivered website or software for its own business purposes. Where the parties have agreed on the transfer of source materials, this applies accordingly.
10.2 Third-party components remain subject to their own licences (clause 7). Until full payment, all rights of use remain with us.
10.3 We may name the Client and present the project (screenshots, a link) as a reference, unless the Client objects in text form.
11. Warranty
11.1 The statutory warranty provisions apply. The Client reports defects in text form without undue delay after discovery.
11.2 In the event of a defect we are, at our choice, entitled and obliged to subsequent performance by remedying the defect or by re-performance within a reasonable period. The further statutory rights of the Client remain unaffected.
12. Liability
12.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent of a guarantee we have given.
12.2 For slight negligence we are liable only for the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Client regularly relies), and in that case limited to the foreseeable damage typical for this type of contract.
12.3 Any further liability is excluded. The Client is responsible for regularly backing up its data; our liability for loss of data is limited to the effort that would have been required to restore it had the Client maintained proper backups.
13. Confidentiality
Both parties treat as confidential any information marked as confidential or recognisably confidential that they receive from the other party in connection with the contract, and use it only for the purposes of the contract. This obligation continues after the contract ends.
14. Data protection
We process personal data in accordance with the applicable data protection law; details are set out in our Privacy Policy. Where we process personal data on the Client's behalf as part of the services, the parties conclude a separate data processing agreement (DPA) pursuant to Article 28 GDPR.
15. Final provisions
15.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2 Where the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered seat; we are, however, also entitled to sue at the Client's general place of jurisdiction.
15.3 Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is not affected.
15.4 Amendments and additions to these terms require text form.
Last updated: August 2026