TERMS OF SERVICE

1 Scope
These conditions become part of all contracts of the agency as a contractor with third parties (client).

2 Scope of the order
The quantity ordered in the order is binding. Production-related excess quantities are to be paid for by the client.

3 Delivery time, place of performance
3.1 The client is to be notified of any exceeding of the delivery dates and deadlines, stating the reasons and the probable duration. Compensation for damages and withdrawal always presuppose the fruitless expiry of a previously set reasonable deadline.
3.2 The place of performance is the seat of the contractor. The delivery is carried out by the contractor at the expense and risk of the client.

4 acceptance, defects
4.1 Only grossly improper or improperly executed deliveries and services as well as those in which the tasks set and the desired design have been completely disregarded and / or instructions have been grossly deviated from or which do not correspond to the state of the art are defective.
4.2 Small quantities do not represent a defect.
4.3 It is the responsibility of the client to check whether the delivery and service provided within the scope of the order violates competition law, the rights of third parties (trademark rights, copyright, personal rights, etc.) or other rights. The client is responsible for any violations. He has to hold the contractor harmless against claims of third parties or to release them from them.
4.4 The acceptance is based on the statutory provisions. Acceptance and payment represent an acceptance. The acceptance is equivalent if the client does not accept the acceptance-capable work, unless a different deadline has been set or agreed in individual cases within a period of one week.

5 Price, invoicing, payment
5.1 The agreed price is binding. In the case of requests for changes and additions, a special fee is to be paid for the additional expenses incurred by the contractor. Reduced expenditure goes to the benefit of the contractor and does not lead to a reduction in the agreed price.
5.2 All invoices to the client are due within 14 days.

6 Rights of use, performance and property rights
6.1 Any agreed granting of usage and usage rights will only take place after full payment of the remuneration.
6.2 The service provided by the contractor (logos, names, layouts, etc.) may only be used for the agreed purpose. Use for other projects or products without consultation with the contractor is not permitted. Likewise, the adoption of design details for other projects / products not carried out with the contractor is not permitted.

7 Confidentiality
All information of the contractor that becomes accessible in connection with the order must be treated as strictly confidential by the client even after the order has been completed. In the event of a breach of the confidentiality obligation, the client pays the contractor a contractual penalty of € 25,000.00 for each case of non-compliance. Claims for damages remain unaffected.

8 Assignment of Rights
Rights of the client from or in connection with this contract may not be assigned.

9 Client bankruptcy
If the client becomes insolvent or an application is made to open insolvency proceedings against his assets, the contractor is entitled to terminate this contract for good cause with immediate effect. The same applies in the event that the contractor's claim against the client for payment of the production price is attached and the client does not bring about the cancellation of the enforcement measures within a period set by the contractor.

10 Statute of limitations, offsetting
10.1 Claims by the client against the contractor are subject to a limitation period of 12 months.
10.2 Offsetting against claims of the contractor is only permitted if the claims of the client are undisputed or have been legally established.

11 liability
11.1 The liability of the contractor, his representatives and vicarious agents for slight negligence is excluded. The liability for gross negligence, willful misconduct, breaches of cardinal duty and in the event of injury to life, health and body remains unaffected. Liability is also limited to the compensation of the type of service foreseeable and contract-typical damage up to three times the order value.
11.2 The burden of proof is incumbent on the client, unless the circumstances to be proven originate from the contractor's area of responsibility.

12 orders in representation
If the contractor issues orders to third parties as part of the provision of services, the contractor is neither liable for the fulfillment of the contractual obligation of the client or the third party nor for their creditworthiness, which they have not checked. The client will release the contractor from all claims by third parties in this context.

13 final provisions
13.1 Deviating or supplementary individual contractual provisions with regard to these GTC or the order placed must be in writing to be effective and only apply to the respective order. This also applies to the waiver of the written form clause. Verbal collateral agreements do not exist. Should one of the provisions of these terms and conditions or the order be or become ineffective, this does not affect the effectiveness of the terms and conditions or the rest of the order. The ineffective or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The same applies in the event of a loophole.
13.2 The place of jurisdiction and fulfillment is the registered office of the contractor, unless a different location is required by law. German law applies.
13.3 If there is a written form requirement according to these terms and conditions, this is also fulfilled by fax.