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Terms & Conditions

Terms & Conditions

These general terms and conditions apply to all services, offers and contracts of chocosite LLC, in particular for photography, website development, online marketing and digital services.

1. Provider and Contracting Party

The provider and contracting party is:

chocosite LLC
3833 Powerline Rd, Suite 201
Fort Lauderdale, FL 33309, USA

Phone: +49 173 5859100
Email: mail@chocosite.info

Hereinafter referred to as "Provider", "we" or "chocosite LLC".

2. Scope

These general terms and conditions apply to all services, offers, bookings, enquiries and contracts of chocosite LLC, unless deviating provisions have been agreed on the respective website, in the respective offer or in an individual agreement.

chocosite LLC operates various websites, brands and digital projects. For enquiries, bookings and services, the version of these terms and conditions or the service description of the website through which the enquiry was made or to which the specific offer relates shall always apply.

An overview of the websites covered:

Where individual websites contain their own terms and conditions, booking conditions, privacy information, price information or service descriptions, these specific provisions take precedence over these general terms and conditions.

3. Services of chocosite LLC

chocosite LLC offers different services depending on the project and website. These may include in particular:

The exact scope of services is set out in the respective website, offer, booking confirmation or individual agreement.

4. Conclusion of Contract

A contract is concluded when the client requests a service and we expressly confirm this request. Confirmation may be made by email, WhatsApp, contact form, booking system or by other written means.

A mere enquiry does not constitute a binding booking. The appointment, service and price are only deemed agreed upon our confirmation.

For individually prepared offers, the offer is only valid for the period stated in the offer. If no period is stated, the offer is valid for 14 days from the date of the offer.

5. Prices, Booking Fee and Payment

The prices stated on the respective website, in the offer or in the booking confirmation shall apply.

All prices are, unless otherwise stated, final prices or prices as shown in the offer. Depending on the company's registered office, type of service, client's location and tax classification, special tax provisions may apply.

For certain services, in particular for photo shoots, weddings, website projects or individually reserved appointments, a booking fee may be required. The booking fee serves as a binding reservation of the appointment or the start of project work.

The amount of the booking fee and its due date are set out in the respective website, the offer or the booking confirmation.

Payments are due, unless otherwise agreed, upon receipt of invoice or in accordance with the payment deadline stated in the booking confirmation.

For website projects, online marketing services or individually agreed project work, payment in instalments may be agreed.

6. Tax Information

chocosite LLC is a company based in the USA. Invoices may be issued without German VAT depending on the type of service, the client's location and tax classification.

For services provided to entrepreneurs within the EU, the reverse charge procedure may apply. In this case, the recipient of the service is responsible for the tax treatment in their respective country.

The client is solely responsible for whether and to what extent local taxes, duties, import taxes, withholding taxes or other tax obligations arise in their country.

7. Client's Obligations

The client undertakes to provide all information necessary for the service in a timely, complete and correct manner.

Depending on the service, this includes in particular:

Delays caused by missing or late cooperation by the client are not our responsibility. Agreed delivery times shall be extended accordingly.

8. Appointments, Rescheduling and Non-Attendance

Agreed appointments are binding.

If a client is unable to attend an appointment, they must inform us as early as possible. Whether a free rescheduling is possible depends on the respective service, the booked package, availability and the conditions stated on the respective website.

In the event of short-notice cancellation, non-attendance or late notification, cancellation fees may arise. Booking fees already paid may in this case be retained in full or in part if the appointment cannot be reassigned, preparatory work has already been carried out, or service providers, travel times, location planning or project work have already been scheduled.

9. Special Conditions for Photo Shoots

For photo shoots, the location, duration, scope, number of images, delivery time and price are governed by the booked package or the respective website.

After the shoot, the client will generally receive access to an online gallery or a comparable digital selection option. From this gallery, the client selects the images that are to be finally edited.

The number of finally edited images is governed by the booked package or the individual agreement.

The image selection must be made within the communicated deadline. If no selection is made by the client within this deadline, delivery may be delayed accordingly. If the client fails to make a selection despite a reminder, the provider may make a pre-selection after a reasonable period or suspend processing until a selection is made.

Image editing is carried out in the style of the respective offer or the photographer's style. The client is not entitled to unedited RAW files unless this has been expressly agreed in writing.

The final edited images are generally delivered digitally via an online gallery, download link or comparable digital means.

10. Weather, Force Majeure and Uncontrollable Circumstances

For outdoor photo shoots, weather, light, wind, crowds, closures, traffic, official requirements or other external circumstances may influence the course and outcome of the shoot.

We endeavour to achieve the best possible result under the prevailing conditions. There is no entitlement to specific weather conditions, a specific sun position, a deserted location or images identical to those in sample galleries.

In cases of force majeure, illness, accident, extreme weather, official measures or other circumstances beyond our control, an appointment may be rescheduled or cancelled. Amounts already paid will in this case either be credited towards a replacement appointment or, if no service can be provided, refunded after individual assessment.

11. Usage Rights for Photos

All copyrights to photos remain with the photographer or chocosite LLC, to the extent permitted by law.

The client receives the agreed usage rights upon full payment.

For private photo shoots, the client generally receives a simple, unlimited-in-time usage right for private purposes. This includes in particular saving, printing and sharing the images in a private context as well as private publication on social media, unless a deviating agreement has been made.

Commercial use, transfer to companies, editing, sale, use in advertising or use by third parties is only permitted with prior written consent.

12. Special Conditions for Website Development

chocosite LLC develops websites, in particular WordPress websites, based on an offer, service description or individual agreement.

The agreed scope of services is set out exclusively in the respective offer. Not automatically included are in particular:

These services are only included if they have been expressly agreed.

13. Frontend, Backend and Intellectual Property for Websites

For websites, "frontend" refers to the visible appearance of the website, in particular layout, visible page structure, texts, images, design, HTML/CSS/JS output and visible content.

"Backend" refers to all underlying technical components, in particular themes, child themes, page builder configurations, custom code, templates, snippets, build setups, deployment structures, internal templates, project-specific development tools and technical working foundations.

Unless expressly agreed otherwise, the client receives upon full payment a simple, unrestricted usage right to the delivered frontend for the contractually specified website or domain.

Backend components, internal templates, technical working methods, source codes, snippets, project structures, development tools and work files not expressly transferred remain the intellectual property of chocosite LLC.

Release, transfer, disclosure, sublicensing or use of the backend for other projects is only permitted if this has been expressly agreed in writing. A full transfer of rights or release of source code may be agreed for a separate fee.

14. Third-Party Providers, Plugins, Licences and External Services for Websites

Websites may require third-party providers, plugins, themes, fonts, images, videos, payment providers, analytics tools, cookie tools, newsletter systems, booking systems or other external services.

Unless otherwise agreed, the client bears all costs for such third-party providers, licences and external services.

The licence terms and conditions of use of the respective third-party providers take precedence. We accept no liability for changes in functionality, price changes, outages, security issues, blocks or restrictions of external providers to the extent these are outside our sphere of influence.

15. Content and Legal Responsibility for Websites

The client provides all required content in a timely manner in a usable format. This includes in particular texts, images, logos, videos, mandatory legal information, access credentials, product information, price information and approvals.

The client is solely responsible for the lawfulness of the content provided. This applies in particular to copyright law, trademark law, personal rights, data protection law, competition law, price information, legal notice, privacy policy and cookie notices.

chocosite LLC does not legally review content unless an express legal review has been agreed in writing.

The client indemnifies chocosite LLC against all third-party claims arising from content, information, rights, materials or specifications provided by the client.

16. Project Process, Acceptance and Change Requests for Websites

After completion, the website is made available to the client for review and acceptance.

Obvious defects must be reported within 7 calendar days of provision. If no feedback is received within this period, the service is deemed accepted unless there are material defects.

Minor defects do not entitle the client to refuse acceptance. They will be remedied under warranty.

Change requests, new features, additional pages, new layouts, subsequent concept changes or requests outside the agreed scope of services are deemed additional services and may be charged separately.

17. Optional Website Maintenance

Website maintenance is only included if it has been expressly agreed.

Maintenance may depending on the offer include in particular:

Not automatically included are in particular:

Where a monthly working time is agreed, this is month-bound. Unused time lapses and is not carried over to subsequent months or credited, unless otherwise agreed.

For maintenance services, chocosite LLC requires sufficient access to the website, hosting or backup system. If necessary access is withdrawn or technical prerequisites are changed, maintenance may be suspended.

18. Hosting, Domains and Email

Where hosting, domains or email services are merely arranged or recommended, corresponding contracts are concluded exclusively between the client and the respective provider.

Without a separate agreement, chocosite LLC does not monitor hosting, guarantee specific server configurations, guarantee email delivery or provide a permanent availability guarantee.

19. Data Protection and Data Processing

The processing of personal data is carried out in accordance with the applicable privacy information of the respective website.

Where a service involves the processing of personal data on behalf of the client, the conclusion of a data processing agreement may be required.

Without the required data processing agreement, chocosite LLC may decline or suspend services to the extent that these require such data processing.

20. Special Conditions for Online Marketing

chocosite LLC offers online marketing services based on an offer, service description or individual agreement.

These include in particular:

Not automatically included are in particular:

These services are only included if they have been expressly agreed.

21. No Guarantee of Success for Online Marketing and SEO

Online marketing, SEO, social media and digital advertising depend on many external factors.

We therefore do not owe any specific economic success. In particular, we do not guarantee:

We work to the best of our knowledge, based on available information and with the aim of improving visibility, quality and performance of the project.

Search engines, social networks and advertising platforms may change their algorithms, policies and technical systems at any time. This may cause rankings, reach, advertising costs or results to fluctuate.

22. Advertising and Advertising Budget

For services in the area of Google Ads, Meta Ads or other advertising platforms, the client's advertising budget is not part of our fee unless expressly agreed otherwise.

The client directly bears all costs of the respective advertising platform.

We are not liable for rejections, blocks, review times, policy changes or account restrictions by platforms such as Google, Meta, TikTok, Pinterest or other providers to the extent these are outside our sphere of influence.

23. Approvals for Online Marketing

The client is obliged to review content, advertisements, texts, website changes and campaigns before publication, where approval is provided for.

By granting approval, the client confirms that the content is factually correct and may be published.

The client remains responsible for mandatory legal information, legal notice, privacy policy, price information, product information, service promises, competition law and the accuracy of their business information.

A legal review by chocosite LLC only takes place if this has been expressly agreed in writing.

24. AI Support

Digital tools and AI-assisted systems may be used to support the creation of texts, concepts, strategies, advertisements, websites, analyses or content.

All content is created to the best of our knowledge. The client is nevertheless obliged to review content before publication for accuracy, legal permissibility, brand voice, industry information and individual specifics.

25. Usage Rights for Texts, Designs, Websites and Digital Services

All copyrights to texts, designs, concepts, websites, strategies, graphics, technical solutions and other creative services remain, to the extent permitted by law, with chocosite LLC or the respective author.

The client receives upon full payment the usage rights described in the offer.

Concepts, strategies, drafts, internal working files, templates, prompt structures, analytical methods and intermediate results not finally approved remain the property of chocosite LLC, unless otherwise agreed.

26. Use for Reference Purposes and Attribution

We may use completed work, photos, websites, designs, texts, campaigns or project results for self-promotion, portfolio and reference purposes, unless the client expressly objects or legitimate interests of the client conflict with this.

For websites, a discreet attribution in the footer or legal notice is permissible, for example "Design/Development: chocosite LLC", unless otherwise agreed.

For sensitive, private or personal content, publication takes place only with special consideration and, where required, after prior consultation.

27. Warranty and Revisions

For digital services, texts, designs, websites or online marketing services, revision rounds are only included if expressly agreed in the offer.

Unless otherwise agreed, a reasonable revision round is included.

Change requests that go beyond the agreed scope of services, new directions, additional variants or subsequent concept changes may be charged separately.

The client is obliged to promptly review delivered services and to report recognisable defects or change requests within 7 calendar days of delivery. If no feedback is received within this period, the service is deemed accepted unless there are material defects.

28. Third-Party Providers, Platforms and External Services

External providers, platforms or services may be used for services, for example hosting providers, payment providers, newsletter tools, social media platforms, Google services, Meta services, booking systems, gallery systems, analytics tools or AI tools.

We accept no liability for availability, functionality, price changes, blocks, policy changes or technical problems of external providers to the extent these are outside our sphere of influence.

Costs for third-party providers, advertising budgets, hosting, domains, licences, apps, plugins or external tools are only included if this has been expressly agreed.

29. Liability

We are liable for damages only in cases of intent and gross negligence. In cases of simple negligence, we are only liable for the breach of material contractual obligations and only up to the amount of typically foreseeable damage.

Liability for indirect damages, loss of profit, lost revenues, data loss, platform blocks, ranking losses, reach losses, advertising account suspensions or other consequential damages is excluded to the extent permitted by law.

Liability for injury to life, body or health remains unaffected.

30. Responsibility for Client Content

The client is responsible for all content, materials, information, images, texts, brands, logos, access credentials and information they provide to us.

The client warrants that they hold the necessary rights and do not infringe any third-party rights. This applies in particular to copyright, trademark rights, personal rights, data protection rights and competition law.

The client indemnifies us against third-party claims arising from content or specifications provided by the client.

31. Confidentiality

Both parties undertake to treat confidential information, access credentials, internal business figures, strategies and unpublished content confidentially.

Access credentials must be transmitted securely and, where possible, provided via suitable rights management systems or secure password systems.

This obligation does not apply to information that is generally known without breach of contract or that must be disclosed pursuant to official or court orders.

32. Right of Withdrawal for Consumers

Where the client is a consumer and a statutory right of withdrawal exists, the client will be separately informed of this right.

For individually created services, time-bound services, digital content or services already fully performed, the right of withdrawal may be legally restricted or excluded.

If the service begins at the client's express request before the expiry of a possible withdrawal period, the client may be obliged to pay proportionately for services already rendered.

33. Final Provisions

Amendments and additions to individual agreements must be made in text form.

Should any provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid provision.

To the extent permitted by law, the law of the registered office of chocosite LLC shall apply. Mandatory consumer protection provisions of the country in which the client has their habitual residence remain unaffected.

The place of jurisdiction is, to the extent permitted by law, the registered office of chocosite LLC.

Last updated: June 2026