Terms and Conditions
1. Validity of terms and conditions
The following general terms and conditions apply to all orders placed with us. Opposing AGB´s of the client will not become part of the contract.
Any, also partial use of works and services (presentation) presented or handed over by us with the aim of concluding the contract, whether or not they are protected by copyright, requires our prior consent. This also applies to the use in modified or processed form and to the use of the ideas on which our work and services are based, insofar as these have not been reflected in the client's previous advertising media. The acceptance of a presentation fee does not constitute consent to the use of our work and services.
3. Processing of orders
3.1 Meeting minutes transmitted by us are binding if the client does not object immediately upon receipt.
3.2 Documents, files and other working materials (in particular negatives, models, original illustrations, etc.) which we create or have created in order to render the service owed under the contract shall remain our property. There is no obligation to surrender. We are not obliged to store them.
4. Placing orders with third parties
4.1 We are entitled to carry out the work entrusted to us ourselves or to commission third parties to do so.
4.2 We are entitled to place orders for the production of advertising materials, in the production of which we participate in accordance with the contract, on behalf of the client. The client hereby expressly authorises us to do so.
4.3 We place orders with advertising media in our own name and for our own account. If quantity discounts or painting scales are used, the customer receives an additional charge if the discount or scale requirements are not fulfilled, which becomes due immediately. We are not liable for defective performance of the advertising media.
5. Delivery, delivery periods
5.1 Our delivery obligations are fulfilled as soon as the work and services have been dispatched by us. The risk of transmission (e.g. damage, loss, delay), regardless of the medium used, shall be borne by the customer.
5.2 Delivery periods are only binding if the customer has duly fulfilled any obligations to cooperate (e.g. procurement of documents, releases).
5.3 Templates and drafts provided by us are only binding in terms of colour, picture or sound design when we have confirmed in writing that they can be realised accordingly.
5.4 Competition law reviews are only our task if this has been expressly agreed.
6. Terms of payment
6.1 Agreed prices are net prices to which the applicable value-added tax is added. Social security contributions for artists, customs duties or other charges, even those arising subsequently, shall be passed on to the client.
6.2 In the case of advertising, the respective valid list prices of the advertising media on the day of publication shall be binding.
6.3 Our invoices are due for payment 14 days after the invoice date without any deductions.
6.4 We reserve title to all documents and items provided until all invoices relating to the order have been paid in full. Rights to our services, in particular copyrighted rights of use, shall not pass to the customer until all invoices relating to the order have been paid in full.
7. Warranty, Liability
7.1 Work and services supplied by us must be inspected by the customer immediately upon receipt, but in any case before further processing, and defects must be reported immediately upon discovery. If the immediate inspection or notification of defects is omitted, the customer has no claims.
7.2 In the event of defects, we shall be entitled to remedy the defect twice within a reasonable period of time.
7.3 Claims for damages of any kind are excluded if we, our legal representatives or our vicarious agents have acted with slight negligence. This shall not apply in the event of a breach of essential contractual obligations. In this case, liability is limited to typical and foreseeable damages. Furthermore, we are not liable to entrepreneurs for claims for damages of any kind in the case of grossly negligent violation of non-essential contractual obligations by simple vicarious agents. Claims for damages of any kind against entrepreneurs are limited to the compensation of typical and foreseeable damages.
8. Confidentiality obligation
The Agency and the Client hereby mutually undertake to keep secret all information and documents accessible or transmitted to them in connection with the conclusion of the contract which are marked as confidential or which are identifiable as business or trade secrets of the respective contractual partner under the other circumstances and - unless required to achieve the purpose of the contract - not to record, store or pass them on, neither to exploit them nor to make them accessible to unauthorised persons.
9. Data protection/data protection
9.1 The client confirms that personal data transmitted to the agency by him or at his request by third parties were collected and processed in accordance with the relevant provisions of data protection, in particular the Federal Data Protection Act, that any necessary consents of affected parties are available and that the use of the data by the agency within the framework of the order placed does not violate any of these provisions or exceeds the scope of consents granted.
9.2 The client agrees that personal data (inventory data) and other information such as time, number and duration of connections, access passwords, uploads and downloads, are stored by the agency during the duration of the contract/order, insofar as this is necessary or useful for the fulfilment of the contract.
9.3 The client will secure data and programs in each case before handover to the agency in order to enable the recovery in the event of data loss.
10. Place of jurisdiction, applicable law
10.1 If the customer is a merchant, the court responsible for our registered office shall be the agreed place of jurisdiction for all disputes.
10.2 German law shall apply.
Status: September 2018