Terms and conditionsEverything around the business transaction.
1. Validity of the general terms and conditions
The following general terms and conditions apply to all orders placed with the contractor. Conflicting general terms and conditions of the client shall not become part of the contract.
Any use, even partial use of material with the aim of concluding a contract of presented or handed over works and services (presentation), whether or not it is protected by copyright, requires the prior consent of the contractor. This shall also apply to the use in modified or edited form and to ideas underlying the use of the contractor's works and services, provided that these ideas have not been reflected in the client's previous advertising material. The acceptance of a presentation fee does not constitute consent to the use of the work and services.
3. Processing of orders
3.1 Meeting minutes transmitted by the contractor are binding if the customer does not object immediately after receipt.
3.2 Templates, files and other working materials (in particular negatives, models, original illustrations, etc.), which the contractor has created or had created in order to provide the service owed under the contract, remain the property of the contractor. There is no obligation to surrender them. The contractor is not obliged to keep them.
4. Placing of orders with third parties
4.1 The contractor is entitled to carry out the work assigned to the contractor himself or to commission third parties to do so.
4.2 The contractor shall be entitled to place orders in the name of the customer for the production of advertising material, in the production of which the contractor is contractually involved. The customer hereby expressly grants the corresponding power of attorney.
4.3 The contractor shall place orders to advertising media in his own name and for his own account. If quantity discounts or painting scales are claimed, the customer shall receive an additional charge which shall be due immediately if the discount or scale requirements are not met. The contractor is not liable for defective performance of the advertising media.
4.4 The contractor undertakes to comply with the statutory provisions regarding the amount of remuneration in accordance with the Minimum Wages Act and the Employee Secondment Act. In addition, he also undertakes to comply with these requirements for the lenders or subcontractors he employs and subcontractors employed by them within the scope of this contract. The Contractor shall submit to the Client corresponding declarations of obligation by the subcontractors without being asked.
In the event of a breach of the obligations mentioned in sentences 4 and sub-sentences, the contractor shall be entitled to terminate the contract without notice. The customer shall indemnify the contractor from any liability under the Minimum Wages Act and the Employee Secondment Act. If a fine is imposed on the Contractor due to such a violation because of a negligently committed administrative offence according to § 21 MiLoG or § 23 AEntG, the Customer shall be obliged to pay a contractual penalty to the Contractor in the amount of the fine upon its legal force. The assertion of higher damages remains unaffected.
5. Delivery and delivery periods
5.1 Contractor's delivery obligations shall be fulfilled as soon as the work and services have been dispatched. The customer shall bear the risk of transmission (e.g. damage, loss, delay), regardless of the medium used for transmission.
5.2 Delivery deadlines are only binding if the customer has properly fulfilled any obligations to cooperate (e.g. procurement of documents, files or releases).
5.3 Templates and drafts made available shall only be binding in terms of color, image or sound design if the contractor has confirmed in writing that they can be realized.
5.4 Checks under competition law are only the responsibility of the contractor if this has been expressly agreed.
6. Terms of payment
All prices are net prices, the applicable value added tax/value added tax is not shown in accordance with § 19 UStG. (german law) Customs duties or other charges, including those arising subsequently, will be charged to the customer.
6.2 In case of advertising, the list prices of the advertising media valid on the day of publication shall be binding.
6.3 All invoices are due for payment 3 days after the invoice date without any deductions, unless otherwise stated in the invoice.
6.4 Until all invoices relating to the order have been paid in full, the contractor shall retain title to all documents and objects provided. Rights to the contractor's 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. Term of contract, termination of hosting products
7.1 Unless otherwise agreed, contracts shall be concluded for a period of one year. Such contracts may be terminated by either party with one month's notice to the end of the contract term.
Contracts shall be extended by a further 12 months in each case if they are not terminated by either party with one month's notice to the end of the respective contract term. As far as one party is entitled to an ordinary special right of termination according to these GTC, the contract can be terminated with a notice period of one month to the end of the month, irrespective of an agreed contractual minimum term.
7.2 In the event of termination without notice, the client will not be reimbursed for the unused service. Notice of termination can be given in text form (§ 126 b BGB), i.e. also by e-mail, for example. The text form requires the naming of the person making the declaration. It must be sufficiently clear to the contractor from the notice of termination who is making the declaration. In order to avoid misunderstandings, we ask you to make it sufficiently clear that the notice of termination actually comes from the correct person by providing accompanying information, such as the customer number or other information suitable for identification. In case of a cancellation by the client, he has to indicate what should happen with domains registered for him.
If the Customer does not give timely instructions in this respect, even at the request of the Contractor, the Contractor shall be entitled to delete the domains. If the termination is effected by the Contractor, the above shall apply accordingly with the proviso that the Contractor must request the Customer to issue instructions with the termination.
7.3 The right of both parties to terminate the contractual relationship without notice for good cause shall remain unaffected. Good cause for termination by the contractor shall be deemed to exist in the following cases in particular:
The customer is in default of payment of the agreed remuneration or a not insignificant part of the remuneration for two consecutive dates or the customer is in default of payment of an amount corresponding to the remuneration for two months in a period extending over more than two dates.
The client is insolvent or an application for insolvency has been filed against his assets or the application for insolvency proceedings has been rejected due to lack of assets.
The client violates essential contractual obligations and does not immediately stop this violation despite a warning or notification of the blocking of the contents by the contractor.
7.4 Upon termination, the Contractor shall receive from the Client a data package containing all data previously in use on the web server. The termination of the hosting package as well as the re-registration with the registry of the respective domain will be charged to the Contractor with a fee. The invoice amount varies with the previous use of the hosting package for commercial or private purposes. After payment of the due invoice amount, the Contractor will transfer the data package to the Customer. The cancellation is then considered perfect and thus completed.
7.5 The data package, as well as the data contained therein, may be passed on and modified by the Customer to third parties, unless they are (in-house) products of the Contractor. All products and own brands of the contractor are protected by copyright and may not be changed. However, in special cases this can be cancelled by licensing. In this case the decision is up to the contractor.
8. Rights of use
8.1 Contractor shall be transferred to Customer upon settlement of all invoices relating to the order and all rights of use required for the use of the work and services of Contractor to the extent agreed by Contractor for the order or as is apparent from the circumstances of the order. In case of doubt, the contractor shall fulfill an obligation by granting non-exclusive rights of use within the territory of the Federal Republic of Germany for the duration of use of the advertising material. Any use beyond this, in particular processing, requires the consent of the contractor.
8.2 If the Contractor uses third parties for the performance of the contract, their rights of use shall be acquired to the extent specified in Section 8.1 and shall be transferred to the Customer accordingly.
9. Warranty and liability
9.1 The customer shall inspect the work and services delivered by the contractor immediately after receipt, but in any case before further processing, and shall notify defects without delay. If the immediate inspection or notification of defects is omitted, the customer shall have no claims.
9.2 In the event of defects in the concept phase or after the customer has received the designs, the contractor shall be entitled to rectify the defects twice within a reasonable period of time.
9.3 In the event of defects after the final production and after the client has himself initiated the production phase, the contractor shall have the right to refuse any rectification of defects, as the product has been tested by the client before the production phase and is deemed to be unbranded. If improvements are made as a gesture of goodwill, they are subject to a fee.
9.4 Claims for damages of any kind are excluded if the contractor, legal representatives or his vicarious agents have acted with slight negligence. This shall not apply in the event of breach of material contractual obligations. In this case, liability is limited to typical and foreseeable damages. The contractor shall not be liable to entrepreneurs for claims for damages of any kind, nor for 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.
10. Right of revocation of the consumers
In the following, the measures are described according to which consumers can make use of their right of withdrawal. A consumer is any natural person who enters into legal transactions for purposes that are predominantly not part of his or her independent or commercial professional activity.
The following conditions also apply to legal entities and entrepreneurs.
Within 14 days you have the right to revoke the concluded contract without giving a reason. The revocation period begins as soon as a cost estimate has been agreed and the associated contract has been signed.
If you wish to exercise your right of revocation, this must be done in writing.
Owner: Christian Uhlig Werbeagentur
Hasslocher Strasse 6
If you want to revoke the contract only after the given 14 days, this is not possible and a possible revocation will not come into effect.
Consequences of revocation
As soon as the revocation of the order reaches the contractor, the contractor undertakes to return all payments received, including shipping costs, within fourteen days (only costs exceeding the standard shipping offered by the contractor are excluded).
The fourteen-day refund period begins on the day on which the revocation letter is received by the contractor. The means of payment of the refund is identical to that used for the actual payment.
The Contractor reserves the right to refuse the repayment if the products or services provided continue to be used without a right of use granted by the Contractor. By making use of the right of withdrawal, the Client undertakes to return the goods in question within fourteen days from the day on which he informed the Contractor about the project.
If the goods are dispatched before the expiry of this period, this condition shall be deemed to be fulfilled. The direct costs of returning the goods shall be borne by the Customer.
11. Place of jurisdiction and applicable law
11.1 If the customer is a merchant, the court responsible for the registered office of the contractor is agreed as the place of jurisdiction for all disputes.
11.2 German law applies.