General Terms & Conditions

LeonardAhrensJoelJuma GbR
Ehlsiefen 8a51580 Reichshof
Deutschland
Hereinafter: Provider

General

Scope and subject matter

These General Terms and Conditions (GTC) apply to all contracts concluded between the Provider and theCustomer.Terms and conditions of the Customer deviating from these GTC do not apply, unless the provider and theCustomer have expressly agreed to it.The Provider does not conclude contracts with Consumers or private individuals. His offer is directedexclusively to entrepreneurs.The service offered by the Provider includes, among other things, the creation or development of websites. Adetailed agreement on the services provided is part of the contract concluded individually between theProvider and the Customer.The term "website" in these GTC includes all forms of websites, for instance online stores.The Provider is authorized to outsource the offered services to a subcontractor in its own name and for itsown account. The subcontractor may also use subcontractors. The Provider shall remain the sole contractualpartner of the Customer in this respect. The Provider shall not use subcontractors if it is evident to theProvider that the use of such subcontractors would be contrary to the legitimate interests of the Customer.

Conclusion of contract

If the Customer wants to make use of the services of the Provider, the Customer first makes an inquiry to theProvider with a detailed description of the desired services. This request represents an invitation to theProvider to submit an according offer. The Provider will examine -to the best of his knowledge and belief -whether the requests of the Customer described in the inquiry are complete, clear, feasible, free ofcontradictions and suitable for the desired realization and will prepare an offer on this basis. However, theProvider will not carry out a legal review of the Customer's request. Only if the Customer accepts the offer ofthe Provider, a contract between the Provider and the Customer is concluded.If the offer of the Provider contains drafts, samples or creative proposals, but no contract is concluded, theCustomer has no claim to the handing out of the drafts, samples, creative proposals or, if applicable, theassociated source codes, copies, etc. In this case, the Customer must delete all copies, destroy them and/orreturn them to the Provider.

Cooperation obligations of the Customer

Insofar as the conclusion of a data processing agreement (DPA) is required for individual services inaccordance with Art. 28 GDPR, both contracting parties undertake to conclude such a contract before the startof the provision of the services in question. The DPA shall in principle be provided by the Provider.The Customer is obliged to provide all necessary information, data (e.g. for the imprint), works (texts, images,layouts, graphics, etc.) and accesses for the purpose of fulfilling the assignment in a complete, timely andcorrect manner.The Customer is responsible for the procurement of the material for the design of the web pages and otherworks (e.g. graphics, texts), unless the Provider and the Customer have expressly agreed otherwise. If theCustomer does not provide the material or does not provide it in a timely manner and does not make anyfurther specifications, the Provider shall be authorized, at its own discretion, to use image material fromcommon providers (e.g. stock photo providers) or to provide the corresponding parts of the website with aplaceholder, in compliance with the copyright labeling requirements.If the Customer provides the (necessary) cooperation or supportive input late, the Provider is not liable for anydelays including delays in the implementation of any projects resulting from this.If the Customer supplies the Provider with texts, images or other content within the scope of the assignment,the Customer is responsible for ensuring that this content does not infringe any rights of third parties (e.g.copyrights). The Provider is by law to provide legal advice services to the Customer. In particular, the Provideris not obligated and not authorized to do a legal check of the Customer's business model and/or the works(texts, images, layouts, graphics, etc.) created or acquired by the Customer himself for their compatibility withapplicable law and, in particular, will not conduct any trademark research or other property right collisionchecks with respect to the works provided by the Customer. If the Customer gives specific instructionsregarding the work to be produced, he shall be liable for this himself.If the Customer does not comply with his obligations under this clause, the Provider may charge the Customerfor the time spent on this (e.g. costs for stock photos and time spent searching for them).

Acceptance

The Provider is entitled to demand acceptance of the contractually owed work in writing. The Customer owesa written acceptance only if the Provider requests him to do so. The provisions of acceptance as stated on theCivil Code remain unaffected.The acceptance period in accordance to § 640 (2) sentence 1 BGB (German Civil Code) shall be set at 2weeks starting from the notification about the completion of the work, unless a longer acceptance period isrequired in individual cases due to special circumstances, in which case the Provider shall notify the Customerseparately. If the Customer does not comment within the acceptance period or does not refuse acceptancedue to a defect, the work shall be deemed accepted.

Remuneration

The Provider and the Customer shall conclude an individual contractual agreement on the remuneration forthe assignment, which in principle shall be based on the offer.The Provider is entitled to adjust its prices regularly to the extent that its own costs for providing the serviceincrease. Customers with existing contracts will be notified of the price adjustment by e-mail at least onemonth before the adjustment comes into effect. If the Customer does not object within the period set in thenotification, this will be taken to signify consent. The notification of the planned price adjustment will refer tothe objection period and the legal consequences of the objection or its absence. If the Customer objects to theprice adjustment, his contract shall be terminated exceptionally as of the effective date of the price adjustment.

Term of contract for continuing obligations

If not stated otherwise, continuing obligations (e.g. maintenance contracts) do have a minimum term of 12months. The period of notice is 3 months. If the contract is not terminated in due time at the end of the term, itshall be automatically extended by a further 12 months.The right to extraordinary termination for good cause remains unaffected.

Warranty for defects, liability and indemnification

An insignificant defect shall not constitute grounds for claims for defects. The choice of the type ofsupplementary performance lies with the Provider. The limitation period for claims based on defects and otherclaims is one (1) year; this reduction of the limitation period does not apply to claims resulting from intent,gross negligence or injury to life, limb or health by the Provider. The limitation period shall not begin again if areplacement delivery is made within the scope of liability for defects. Otherwise, the statutory warranty fordefects remains unaffected.The liability of the Provider for all damages is limited as follows: In the event of a slight degree of negligenceregarding the breach of a material contractual obligation ("cardinal obligation"), the Provider's liability shall belimited in each case to the amount of the damage foreseeable at the time of conclusion of the contract andtypical for the contract. Cardinal obligations are obligations whose fulfillment is essential for the properexecution of the contract and on which a party may regularly rely. This limitation of liability shall not apply inthe event of gross negligence or intentional acts or in the event of mandatory statutory liability, in particular inthe event of the assumption of a guarantee or culpable injury to life, limb or health. The above liabilityprovision shall also apply in regard to the liability of the Provider for its vicarious agents and legalrepresentatives.The Customer indemnifies the Provider from any claims of third parties, which are asserted against theProvider due to violations of the Customer against these GTC or against applicable law.

Services for websites

Creation of websites using agile methods


The creation of websites is based on agile methods unless the Provider and the Customer have expresslyagreed otherwise.Subject matter to the contracts concluded between the Provider and the Customer is the creation of websitesand the development of new websites or the extension of existing websites (e.g. integration of new interfaces)in compliance with the technical and / or design specifications as requested by the Customer. Contractsconcluded between the Provider and the Customer concerning the creation of websites are contracts for workand services within the meaning of §§ 631 et seq. BGB (German Civil Code).Unless otherwise agreed between the provider and the Customer, the websites created are optimized formobile devices.Unless otherwise agreed, the websites created are optimized for all common browsers in their respectivecurrent versions (respectively the last two versions of the browser).The assessment or acquisition of rights, the procurement of tools (e.g. statistics) or certificates (e.g. SSL /TLS) or the provision of source codes, development, application or other additional documentation shall onlybe rendered by the Provider if this has been expressly agreed by an individual contract.After completion of the work (e.g., creation of the website), the Provider shall request the Customer to acceptthe website (declaration of acceptance).If the Customer does not use hosting services offered by the Provider for the website created, but from thirdparty providers, the Provider assumes no responsibility for the respective servers and their configuration, thedata lines and / or the accessibility of the website.If the Provider and the Customer have not agreed on additional maintenance and support services, solely theCustomer is responsible for the technical maintenance and up-to-dateness of the website after acceptance.The Provider is not liable to the Customer for any security gaps resulting from the use of outdated softwarethat are being exploited by third parties for illegal purposes (hacking).

Creation of websites by means of a tender and performance specification sheet

If the creation of a website by means of a tender and performance specification sheet has been agreed uponnotwithstanding the provisions of the preceding clause - the following shall apply:In addition to the agreements concluded between the Provider and the Customer on an individual contractualbasis, the scope of the services to be provided by the Provider shall be determined by a detailed tenderspecification sheet prepared by the Customer. The Provider shall check to the best of its knowledge and beliefwhether the Customer's ideas described in the specifications are complete, unambiguous, feasible and free ofcontradictions. However, the Provider shall not carry out a legal review of the Customer's requirements. If theProvider recognizes that the specifications contained in the tender specification are not suitable for thecreation of a website, the Provider will immediately inform the Customer of this and submit a correspondingproposal for a supplement and / or adjustment of the specifications. In this case, the Customer shall commentin writing on the Provider's proposals regarding the specifications within a reasonable period of time andfinally confirm the contents of the tender specification to the Provider in writing in a binding manner. If theProvider and the Customer agree on the tender specification, the content of the tender specification shallbecome part of the contract.On the basis of the tender specification, the Provider shall prepare a performance specification whichdescribes in particular the technical and/or design implementation of the specifications contained in the tenderspecification. After its completion, the Provider shall submit the performance specification to the Customer foracceptance. The Customer shall be entitled to reject the performance specification prepared by the Providerand to communicate requests for changes or adjustments. In this respect, the Provider undertakes to submit amaximum of two alternative proposals, taking into account the Customer's wishes. If the Customer ultimatelydoes not agree with the last proposal of the Provider, he can terminate the contractual relationshipextraordinarily - if legally possible - or withdraw from the contract. In this case, the fees and/or expensesincurred by the Provider in connection with the preparation of the specifications shall be appropriatelyremunerated and/or reimbursed by the Customer. If the performance specification is accepted by theCustomer, the services described therein shall be deemed to be agreed for good between the Provider andthe Customer. Any deviations from the contents of the specifications accepted by the Customer shall requireindividual written agreements between the Provider and the Customer.After acceptance of the specifications by the Customer, the Provider creates the website in compliance withthe agreed specifications. The Provider does not provide any services beyond the agreements of thespecifications. In principle, the Provider shall also not provide any services that are inferior to the servicesdescribed in the specifications accepted by the Customer.The Provider shall provide the Customer with a time and work schedule in addition to the specifications. Thecontents and specifications of this time and work plan shall become an integral part of the contract unless theCustomer objects without undue delay. The Provider undertakes to hand over the completed website or partsthereof to the Customer by the end date specified in the time and work plan on a suitable data carrier and / orto send it by e-mail and / or to upload it to a server specified by the Customer. The details of the handover orupload of the finished website are otherwise subject to individual contractual agreements between theProvider and the Customer.

Creation of the imprint and privacy policy with text generators

If the Provider and the Customer have agreed so, the Provider shall create the privacy policy and the imprintfür die Webseite des Kunden. for the Customer's website. For this purpose, the Provider uses text generators.The Provider is only responsible for the creation of the texts by use of text generators; the Customer isresponsible for the legal and content review.The Customer is obliged to supply the Provider with all necessary information for the creation in a timely,correct, and complete manner. The Customer must inform himself and the Provider independently about anyspecific information obligations regarding the imprint (e.g. professional liability insurance, professions subjectto licensing, etc.) and the privacy policy . In this context, it is again highlighted that the Provider is notpermitted by law to provide any legal advice to the Customer.The Customer must inform the Provider independently and immediately about any changes that affect theinformation in the imprint or in the privacy policy .An update of the imprint or the privacy policy after completion and acceptance of the website must beassigned separately by the Customer from the Provider, unless otherwise agreed in the individual contract.

Webhosting (Resell)

The Provider and the Customer may agree on the performance of hosting services as an additional optionwithin the scope of the website creation. The specific scope of services (storage space, certificates, etc.) is thesubject of individual contractual agreements between the Parties. The Provider is entitled to use services ofthird parties in any form regarding the performance of said hosting services.Unless the Provider and the Customer have agreed otherwise, the Provider shall assume the administrationand management of the data in the event of an assignment as the hoster. In principle, the Customer shall notbe granted access to the administration backend of the hosting system.The availability of the servers used by the Provider for the purpose of hosting is at least 99% on an annualaverage. Excluded from this are those times during which the servers are not accessible due to eventsbeyond the control of the Provider (force majeure, actions of third parties, technical problems, etc.).Unless the Provider and the Customer have agreed otherwise, the Customer has no right to the allocation of afixed IP address for his Internet presence. Technical or legal changes are possible at any time and remainreserved.The Customer is obligated not to disclose his passwords and other access data - insofar as such were madeavailable to him by the Provider - to third parties and must change them regularly. The Customer isresponsible for any misuse by third parties, as far as he is responsible for it.The Customer is obliged to make regular backups of his hosted data. If the Customer is not able to do so, hemust commission the Provider or other professionally qualified third parties with the backup. The Customer isliable for any data loss that occurs due to insufficient data backup.

Domain registration

The Provider and the Customer may agree on the performance of domain registration services as anadditional service within the scope of the website creation. The specific scope of services is subject toindividual contractual agreements between the Parties.The contractual relationship required for the registration of the respective domain shall be established directlybetween the Customer and the respective domain registry or registrar. In the contractual relationship betweenthe Customer and the registry, the Provider merely acts as an intermediary without having any influence onthe allocation of the domain.The Customer is solely responsible for the fact that the domain requested by him does not violate any rights ofthird parties. A verification of the domain by the Provider is not owed.For the registration of domains, the respective terms and conditions of the individual registries shall apply inaddition. In case of an intended registration, the Provider shall inform the Customer of any special features.Maintenance and upkeep of websitesAfter the completion of a website and / or individual parts thereof, the Provider can offer the Customermaintenance and upkeep services in relation to the website. The Provider can also offer the maintenance ofthird-party websites. However, neither the Provider is obligated to make such an offer, nor does the Customerhave to make use of such service offered by the Provider. Corresponding agreements are exclusively subjectto individual agreements.The subject of the maintenance agreements is the elimination of malfunctions as well as the occasion-relatedupdating of the website for common web browsers in their respective current version by the Provider. Furtherdetails, such as regular maintenance, may be agreed upon in individual contracts.Prerequisite for maintenance is that the website content to be maintained is compatible with the Provider'ssystems. Compatibility may be impaired in particular by obsolete components of the website content to bemaintained or by unauthorized changes to the website content made by the Customer. If compatibility is notguaranteed, the Customer must establish it independently (e.g. by means of appropriate updates) orseparately commission the Provider to establish compatibility.The Provider shall not be liable for malfunctions and incompatibilities caused by unauthorized changes madeby the Customer or based on other errors that do not lie within the Provider's area of responsibility; theprovisions under "Liability and Indemnification" shall remain unaffected.The maintenance only includes the technical, but not the content-related updating of the website, in particularnot the updating of the imprint or the privacy policy, unless the Provider and the Customer have expresslyagreed on this.

Marketing and content
SEO marketing

If the Provider and the Customer agree on the performance of services in the area of SEO marketing, theProvider shall, within the scope of the provision of services, solely owe the implementation of measures which,according to the Provider's own experience, can positively influence the search engine ranking or which areexpressly requested by the Customer. This is a service within the meaning of §§ 611 et seq. BGB. A specificresult (e.g. a specific ranking in the Google hit list) is not owed within the scope of the SEO marketingservices, unless the Provider and the Customer have expressly agreed so.SEO marketing services can be cancelled by both contracting Parties with a notice period of three (3) months.

SEA campaigns

If the Provider and the Customer agree on the performance of services in the area of SEA campaigns, theProvider shall, within the scope of the provision of services, solely owe the submission of proposals regardingkeywords with an advertising effect and, after approval by the Customer, the implementation of the measure(placement of advertisements). These are services within the meaning of §§ 611 et seq. BGB (GERMANCIVIL CODE). A specific result (e.g. sales figures) is not owed within the scope of SEA services, unless theProvider and the Customer have expressly agreed so.In addition to the claim for remuneration for the service, the Provider shall have a claim against the Customerfor reimbursement of expenses regarding chargeable advertisements.The Provider is not obliged to check the legality of keywords. The Provider shall make suggestions to theCustomer regarding the booking of keywords. The legal review, in particular regarding the trademark rights ofthird parties, and release of the keywords is solely the responsibility of the Customer and has to be performedby the Customer before the campaign is carried out.

Social media marketing

If the Provider and the Customer agree on the performance of technical support for the creation and/ormaintenance of social media presences, the Provider shall solely owe the technical creation of the socialmedia pages and/or the upload of the content that shall be provided by the Customer.If the Provider and the Customer have expressly agreed so, the Provider shall also create social mediaadvertisements for the Customer, which are created specifically via the system provided by the respectivesocial media platform for this purpose. The Provider shall solely owe the creation of the advertisements basedon the individual Customer's request. However, specific results (e.g. sales figures) are not owed.The selection of content (images, text, videos, imprints, etc.), is the sole responsibility of the Customer. TheProvider will not check these contents for their subject or legal accuracy. In that respect, it is expresslyhighlighted that the Provider is not permitted to provide any legal advice to the Customer. Should henevertheless determine in individual cases that the content provided by the Customer violates applicable law,he may refuse to post such content.In addition to the creation of the social media pages, posting in the name and under the name of theCustomer (so-called ghost posting) by the Provider can also be agreed to be part of the rendered service. TheProvider is free in the content design, if there are no specifications made by the Customer. There is noobligation to respond to posts by third parties or to monitor them. This is the sole responsibility of theCustomer as the operator of the social media page. The service provider in the sense of § 10 TMG is solelythe Customer. Details are subject to individual contractual agreements.The Provider is only the external processor of the Customer regarding the support of the social media pages.

Content marketing

If the Provider and the Customer agree on the performance of professional content marketing services (textcreation/copywriting) , the billing and duration of the assignment shall be based on the specifications of theaccepted offer.The content of the texts is based on the Customer's specifications. Once the agreed text has been completed,the Provider will send the created texts to the Customer for review and approval.Unless otherwise agreed, the Customer has the right to two correction or modification loops. Complaintsregarding the stylistic design or the integration of new information into the text are excluded after the secondchange loop. If the Customer wishes further changes, he must bear the additional costs.If the Provider has been commissioned with the integration of the texts in public media (e.g. online or printmedia), the Provider shall only publish texts that have been released by the Customer. The Provider shall onlybe liable for errors discovered after release in accordance with the provisions under the heading "Warranty forDefects, Liability and Indemnification".

Advice and consulting
Market observation


If the Provider and the Customer agree on the performance of services in the field of market observation, theProvider shall, within the scope of the provision of services, solely owe the market observation measures thathave been agreed upon with the Customer in advance. This is a service in the sense of §§ 611 et seq. BGB(GERMAN CIVIL CODE). A certain result (e.g. sales figures) cannot be guaranteed b, unless the Provider andthe Customer have expressly agreed so.The billing and duration of the assignment are based on the specifications of the accepted offer.

Layout and design
Logo design and conception


If the Provider and the Customer wish to agree on the performance of services regarding the design andconception of logos, the services agreed upon in detail shall result from the individual contract concludedbetween the Provider and the Customer. For this purpose, the Customer shall submit an inquiry to theProvider with a precise as possible description of the desired logo. This inquiry represents an invitation tosubmit an offer by the Provider. The Provider will check the Customer's requests described in the inquiry tothe best of his knowledge and belief regarding completeness, suitability (except for legal suitability, inparticular regarding the rights of third parties), unambiguity, feasibility and freedom from contradiction and willprepare an offer on the basis of the requests arising from the Customer's inquiry. A contract between theProvider and the Customer shall only be concluded upon acceptance of the offer by the Customer.If the Customer commissions the Provider with the logo design and conception, the Provider expressly doesnot check the admissibility of the logo under competition law, trademarks, or other property rights or theregistrability.Prerequisite for the performance of the Provider is that the Customer provides all data required for theimplementation of the project (color definition, etc.) to the Provider before the start of the project completely ina suitable form. If the Customer does not fulfill this obligation, the Provider can charge the Customer for theresulting time expenditure.Unless otherwise agreed between the Provider and the Customer, the Customer shall be entitled to twocorrection loops. After these correction loops have been carried out, requests for adjustments and complaints(in particular regarding the artistic design) will no longer be considered. If the Customer wishes furtherchanges after the second correction loop, the Provider can create these for the Customer for an additional feeto be agreed.The drafts presented within the correction loop may not be used, reproduced or passed on to third parties,either in the original or modified, by the Customer without the express consent of the Provider.As soon as the agreed object of performance has been completed, the Provider shall request the Customer toaccept the work. The logo design or conception will be sent to the Customer in a common file format.Unless otherwise agreed in an individual contract, the Provider may require that a suitable copyright notice beplaced in an appropriate location on the works created.The remuneration for the logo design and conception is the subject of an individual contractual agreementbetween the Parties.The Provider shall grant the Customer the rights of use required for the respective purpose. A transfer of therights of use to third parties requires an individual contractual agreement.The rights of use are transferred to the Customer only after full payment of the remuneration.

Video and photography

If the Provider and the Customer wish to agree on the creation of professional videos and photographs, theservices agreed upon in detail shall result from the individual contract concluded between the Provider and theCustomer. For this purpose, the Customer first submits an inquiry to the Provider with a precise as possibledescription of the services desired. This request represents an invitation to submit an offer by the Provider.The Provider will check the Customer's requests described in the inquiry to the best of his knowledge andbelief regarding completeness, suitability (except for legal suitability, in particular on the rights of third parties),unambiguity, feasibility and consistency and prepare an offer based on the wishes arising from the Customer'srequest. A contract between the Provider and the Customer shall only be concluded upon acceptance of theoffer by the Customer.The Customer's requests will be taken into account to the best of the Provider's knowledge and belief. TheProvider and the Customer acknowledge that the creation of videos and photographs is a creative service thatrequires a high degree of artistic freedom. The Provider therefore solely owes the creation of a work that,according to the Provider's own experience and assessment, corresponds to the Customer's wishes.Complaints regarding the artistic design are excluded.Unless otherwise agreed, the Customer is entitled to two correction loops with regard to the image editingorvideo editing (e.g. through filters and effects) of the created photographs or videos ; however, a newcreation of the photographs or videos is excluded. Complaints regarding the artistic design are excluded. If theCustomer wishes further changes, he must bear any additional costs.If the Customer provides persons for the creation of the videos or photographs (e.g. his employees orprofessional models), he is solely responsible for ensuring that the persons concerned have consented to theuse of the recordings. In particular, he shall be responsible for concluding suitable model release agreementsand obtaining GDPR-compliant employee commitments.As soon as the agreed object of performance has been completed, the Provider shall request the Customer toaccept the work.Unless otherwise agreed in an individual contract, the Provider may require that a suitable copyright notice beplaced in an appropriate location on the created works.Unless otherwise contractually agreed and not to be expected otherwise from the purpose of the contract, theCustomer shall in principle only receive recordings that have been fully processed for the respective purpose.The Customer has no claim to the release of raw data or editable files (RAW files or similar).

print-design

The subject matter of design contracts in the print sector concluded between the Provider and the Customer isthe development of print products based on the Customer's design specifications (e.g. design of banners, postgraphics, posters, flyers, vehicle or shop window stickers, textiles or logo designs). Design contractsconcluded between the Provider and the Customer are contracts for work and services within the meaning of§ 631 et seq. BGB (GERMAN CIVIL CODE). The services agreed upon in detail result from the contractconcluded individually between the Provider and the Customer. For this purpose, the Customer first submitsan inquiry to the Provider with a precise as possible description of the design services desired. This requestrepresents an invitation to submit an offer by the Provider. The Provider shall examine the Customer'srequests described in the inquiry to the best of his knowledge and belief regarding completeness, suitability(with the exception of legal suitability, in particular with regard to the rights of third parties), unambiguity,feasibility and freedom from contradiction and shall prepare an offer on the basis of the wishes arising fromthe Customer's inquiry. A contract between the Provider and the Customer shall only be concluded uponacceptance of the offer by the Customer.After the assignment has been placed, the Customer's requirements are discussed in a briefing, if necessary,and are specified in more detail. At this time, Customer requests can be introduced, provided they are coveredby the originally agreed scope of services. Adjustments become part of the original contract if both Partiesagree in text form. Otherwise, the Provider is only obliged to produce the items listed in the contract. Anyadditional services must be agreed and remunerated separately.As soon as the agreed performance object has been completed, the Provider shall request the Customer toaccept the work.Unless otherwise agreed, the customer is entitled to two correction loops. Complaints regarding the artisticdesign are excluded. If the Customer wishes further adjustments, he must bear any additional costs.Prerequisite for the activity of the Provider is that the customer provides the Provider with all data required forthe implementation of the project (texts, templates, graphics, etc.) before the start of the assignmentcompletely and in a suitable form. The Provider shall not be liable to the Customer in any respect for delaysand delays in the implementation of projects caused by late (necessary) cooperation or additional work by theCustomer. If the Customer does not comply with this obligation, the Provider may charge the Customer for theresulting time expenditure.The remuneration is subject to an individual contractual agreement between the Parties.Unless otherwise contractually agreed and not otherwise to be expected from the purpose of the contract, inaddition to the contractually agreed performance objects the Provider only owes the delivery of a print file (e.g.PDF, JPG or PNG) regarding the creation of print products. The Customer has no right to the delivery of aneditable file (e.g. Word, Indesign).Final provisions

Granting of rights/own advertising

After full payment of the assignment by the Customer, the Provider grants the Customer a simple right of useto the corresponding work results at the time of their creation. Further rights can be agreed upon in individualcontracts.Unless otherwise agreed, the Customer expressly grants the Provider permission to present the project to thepublic in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, theProvider shall be entitled to advertise the business relationship with the Customer and to refer to itself as theauthor on all advertising materials created and in all advertising measures, without the Customer beingentitled to any remuneration for this..Furthermore, the Provider shall be entitled to place its own name with a link in an appropriate manner in thefooter and in the imprint of the website(s) created by the Provider, without the Customer being entitled to anyclaim to remuneration for this.

Confidentiality

The Provider shall treat all business transactions of which he becomes aware as strictly confidential, inparticular print documents, layouts, storyboards, numerical material, drawings, tapes, images, videos, DVDs,CD-ROMs, interactive products and such other documents containing films and/or radio plays and/or othercopyrighted materials of the Customer or companies affiliated with the Customer.The Provider undertakes to impose the duty of confidentiality on all employees and/or third parties (e.g.suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to theaforementioned business transactions.The obligation to maintain secrecy shall apply for an unlimited period of time beyond the duration of thiscontract.

Other

The contracts concluded between the Provider and the Customer are subject to the substantive law of theFederal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.If the Customer is a merchant, a legal entity under public law or a special fund under public law or has nogeneral place of jurisdiction in Germany, the Parties agree that the registered office of the Provider shall bethe place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdictionshall remain unaffected.The Provider is entitled to amend these GTC for factually justified reasons (e.g. changes in case law, legalsituation, market conditions or business or corporate strategy) and subject to a reasonable period of notice.Customers with existing contracts will be notified of this by e-mail no later than two weeks before the changetakes effect. If the Customer does not object within the period set in the notification of change, this shall bedeemed to be consent. The notification of the intended amendment to these GTC shall refer to the deadlineand the consequences of the objection or its absence. If the Customer objects to the amendment, theProvider shall be entitled to terminate the agreement for cause as of the effective date of the amendment.In the event of any inconsistencies between the German and the English version, the German version shallprevail.
Status: 06.11.2024