Terms of Service
§ 1 Scope
- Our terms and conditions apply to all services to be provided by us in accordance with the contracts concluded between us and the customer.
- The validity of these terms and conditions is limited to contractual relationships with companies.
- The scope of our activities results from the contract concluded in each case.
§ 2 Offer and conclusion of contract
The customer's order or the signing of the contract represents a binding offer that we can accept within two weeks by sending an order confirmation or a copy of the signed contract. Offers or cost proposals made by us beforehand are non-binding.
§ 3 Acceptance
- The acceptance of the service provided by us takes place through the separate declaration of acceptance including the associated protocol.
- If the work result essentially corresponds to the agreements, the customer must immediately declare acceptance if we were to perform a work. Acceptance may not be refused because of insignificant deviations. If acceptance by the customer does not take place on time, we will set a reasonable deadline for submitting the declaration. The work result is deemed to have been accepted upon expiry of the period if the customer has not specified in writing within this period reasons for refusing acceptance or he uses the work or service created by us without reservation and we have pointed out the significance of this at the beginning of the period behavior have pointed out.
§ 4 Prices and terms of payment
- The remuneration for the service used by the customer results from the contract, as does the due date of the remuneration.
- The remuneration is to be paid by direct debit. Invoicing takes place with the service rendered. This method of payment is an essential basis for our price calculation and is therefore indispensable.
- If the customer defaults on payments, default interest will be charged at the statutory rate (currently nine percentage points above the base interest rate).
- The customer is only entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us. The customer is only authorized to exercise the right of retention if his counterclaim is based on the same contractual relationship.
- We reserve the right to adjust our remuneration according to cost changes that have occurred. The adjustment can be made for the first time two years after the conclusion of the contract.
§ 5 Cooperation of the customer
The customer undertakes to cooperate in correcting the concepts, texts and advertising material that have been developed. After correction by the customer and approval, we are no longer liable for incorrect execution of the order.
§ 6 Duration of Contract and Termination
The term of the contract is agreed individually; she, begins with the signing of the contract. This is tacitly extended by a further year if it is not terminated by one of the contracting parties by registered letter at least three months before expiry.
§ 7 Liability
- Our liability for contractual breach of duty and tort is limited to intent and gross negligence. This does not apply in the case of injury to life, body and health of the customer, claims due to the breach of cardinal obligations, i.e. obligations that arise from the nature of the contract and the breach of which jeopardizes the achievement of the purpose of the contract, as well as the replacement of Damage caused by delay according to § 286 BGB. In this respect, we are liable for every degree of fault.
- The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by our vicarious agents.
- Insofar as liability for damages that are not based on injury to life, limb or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year of the claim arising.
- The amount of our liability is limited to the contractually typical, reasonably foreseeable damage; limited to a maximum of five percent of the agreed remuneration (net).
- If the customer suffers damage due to a delay in performance for which we are responsible, compensation must always be paid. However, this is limited to one percent of the agreed remuneration for each completed week of delay; in total, however, no more than five percent of the agreed remuneration for the entire service. Delay only occurs if we fail to meet the bindingly agreed deadline for the provision of services.
- Force majeure, strikes, inability on our part through no fault of our own extend the period for providing the service by the duration of the hindrance.
- The customer can withdraw from the contract if we are in default with the provision of services and have set ourselves a reasonable grace period in writing with the express declaration that acceptance of the service will be rejected after the period has expired and the grace period (two weeks) will not be observed . Further claims cannot be asserted, without prejudice to the other liability claims according to § 7.
§ 8 Warranty
Any warranty claims by the customer are limited to immediate rectification. If this fails twice within a reasonable period of time (two weeks) or if the rectification is refused, the customer has the right, at his option, to demand an appropriate reduction in the fees or the cancellation of the contract.
§ 9 Limitation of own claims
Our claims for payment of the agreed remuneration become statute-barred after five years, in deviation from Section 195 of the German Civil Code. Section 199 BGB applies to the start of the limitation period.
§ 10 Form of declarations
Legally relevant declarations and notifications that the customer must submit to us or a third party must be in writing.
§ 11 Place of Performance, Choice of Law Place of Jurisdiction
- Unless otherwise stated in the maintenance contract, the place of performance and payment is our place of business. The legal regulations on the places of jurisdiction remain unaffected, unless something else results from the special regulation of paragraph 3.
- The law of the Federal Republic of Germany applies exclusively to this contract.
- The exclusive place of jurisdiction for contracts with merchants, legal entities under public law or special funds under public law is the court responsible for our place of business.
Section 12 Conflict of Laws
If the customer also uses general terms and conditions, the contract is concluded even without agreement on the inclusion of general terms and conditions. By signing this contract, the customer expressly agrees that regulations that are only contained in the general terms and conditions used by us become part of the contract.
Section 13 Prohibition of Assignment
The customer may only transfer his rights and obligations from this contract with our written consent. The same applies to the assignment of his rights from this contract. The data within the meaning of the data protection law that has become known within the scope of the execution of the contract and the business relationship with the customer are stored and processed exclusively for the purpose of executing the contract, in particular for order processing and customer care. The interests of the customer are taken into account accordingly, as are data protection regulations.
§ 14 Severability Clause
Should one or more provisions be or become invalid, the validity of the remaining provisions should not be affected. The contracting parties are obliged to replace the ineffective clause with one that comes as close as possible to the latter and is effective.
§ 15 General
The customer is responsible for compliance with competition law, copyright or other property rights (e.g. trademarks or design patents). In the event that such third-party claims are asserted against us, the customer shall indemnify us from all third-party claims due to a possible infringement of rights if we have previously raised (in writing) concerns about the execution of the order placed with regard to the infringement of such rights have been made.
As of August 19, 2016