General terms and conditions

of

Christoph Mühlgassner
Siegendorferstrasse 34
7062 St. Margarethen

- hereinafter referred to as Contractor -

Part 1 — General Provisions

1.1 General

1.1.1 The contractor offers the customer various agency services. The specific scope of services is the subject of individual agreements between the contractor and the customer.

1.1.2 The contractor does not conclude contracts with consumers or private individuals.

1.1.3 The contractor is entitled, in his own name and for his own account, to subcontractors, who in turn may also use subcontractors. Subject to different agreements, the contractor remains the sole contractual partner of the customer. Subcontractors are not used if it is obvious to the contractor that their use is contrary to the customer's legitimate interests.

1.1.4 Insofar as further contract documents have become part of the contract in text or written form in addition to these terms and conditions, the provisions of these further contract documents shall take precedence over these terms and conditions in the event of an objection.

1.1.5 The contractor does not accept terms and conditions deviating from these terms and conditions used by the customer — subject to express consent.

1.2 Customer's obligations to cooperate

1.2.1 If the customer provides the contractor with texts, images or other content to fulfill the commissioned services, he must ensure that this content does not violate the rights of third parties (e.g. copyrights, trademark law, etc.) or other legal standards. In this context, it is pointed out that the contractor is not legally entitled to provide legal advice to the customer. In particular, the contractor is not obliged and legally unable to check the customer's business model and/or the works (layouts, graphics, texts, etc.) created or acquired by the customer himself for compliance with applicable law. In particular, the contractor will not carry out trademark searches or other conflict of property rights checks with regard to the works made available by the customer. Insofar as the customer issues specific instructions regarding the work to be manufactured, he himself is liable for this.

1.2.2 The customer is obliged to provide complete and correct the information, data, works (e.g. data for the legal notice, graphics, logos, etc.) and accesses provided by him for the purpose of fulfilling the order. He must also ensure that the instructions given by him comply with applicable law.

1.2.3 Subject to individual agreements to the contrary, the customer is responsible for procuring the material to provide agency services (e.g. graphics, videos) and makes this available to the contractor in good time. If the customer does not provide these and does not make any further requirements, the contractor may, at his own discretion, use images from current providers (e.g. stock photo service providers) or provide the corresponding parts of the website with a placeholder.

1.2.4 If the conclusion of an order processing contract in accordance with Article 28 GDPR is necessary for individual parts of the order, both parties agree to conclude such a contract — to be submitted by the contractor — before the start of the provision of services.

1.2.5 The contractor is in no way responsible to the customer for delays and delays in the implementation of projects caused by late (necessary) cooperation or assistance from the customer; the provisions under the heading “Liability/Indemnification” remain unaffected.

1.2.6 If the customer does not comply with his obligations to cooperate under this section, the contractor may charge the customer for the resulting additional expenses (e.g. costs for stock photos and time spent searching for them).

Part 2 — Online Presences and Technology

2.1 Website and shop creation (agile)

2.1.1 Unless different individual agreements have been made, new websites/shops or website/shop components (hereinafter “website creation”) are created on the basis of agile methods. The remaining provisions of these terms and conditions remain unaffected.

2.1.2 The subject of website creation contracts between the contractor and the customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's technical and/or design requirements. Website creation contracts concluded between the parties are work contracts within the meaning of Sections 631 et seq. of the German Civil Code.

2.1.3 The individually agreed services result from the contract concluded individually between the contractor and the customer. To this end, the customer first submits a request to the contractor with as detailed a description as possible of the website content desired by him (design content such as images, layouts, logos, fonts, etc., must be defined and made available by the customer, subject to different agreements). This request represents an invitation to submit an offer by the contractor. The contractor will check the customer's ideas described in the request for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and freedom from contradiction and will prepare an offer based on the wishes arising from the customer request. A contract between the contractor and the customer is only concluded once the offer has been accepted by the customer.

2.1.4 The customer can submit customer requests at any time, provided that these are covered by the originally agreed scope of services. Such adjustments become part of the original contract when both parties agree in writing (e.g. by email). Otherwise, the contractor is only obliged to perform the functions/positions listed in the contract or to provide the agreed service. Additional services must be agreed and paid separately.

2.1.5 As soon as the website has been completed, the contractor will ask the customer to accept the website.

2.1.6 The contractor's work requires that all data to be provided by the customer and required for the implementation of the project (e.g. texts, templates, graphics, fonts) and/or system environments are made available to the contractor in a timely and appropriate form. The contractor is in no way responsible to the customer for delays and delays in the implementation of projects caused by late (necessary) cooperation or assistance from the customer.

2.1.7 The inspection or procurement of rights, the procurement and/or integration of plug-ins and/or tools (e.g. statistics) or certificates (e.g. SSL/TLS) are only owed by the contractor to the extent that this has been expressly agreed in an individual contract. There is no claim to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation — subject to express individual agreements to the contrary.

2.1.8 Unless otherwise agreed, the websites created are optimized for Chrome, Safari, Firefox and Edge browsers in their current version (the latest two versions of the browser in each case). Search engine optimization (SEO) is only owed if it has been expressly agreed.

2.1.9 The contractor is not entitled and not obliged to advise the customer on competition, consumer, labeling or other legal issues within the meaning of the Legal Services Act. It is therefore up to the customer to find out about the competition, consumer or labeling regulations applicable to his shop and, if necessary, to have the shop examined by a specialized lawyer.

2.1.10 After completion of the websites and/or individual parts of them, the contractor may offer the customer maintenance and care services relating to the websites. However, neither is the contractor obliged to make such an offer, nor does the customer have to make use of the contractor's further service offerings. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the customer alone is responsible for the technical maintenance and up-to-dateness of the websites after acceptance. The contractor is not liable to the customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

2.2 Website and shop creation (specifications and specifications)

2.2.1 If the contracting parties have agreed to create new or expand existing websites/shops or website/shop components (hereinafter “website creation”) on the basis of a specification and specification, the order will be processed in accordance with this paragraph.

2.2.2 The subject of website creation contracts between the contractor and the customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's technical and/or design requirements. Website creation contracts concluded between the parties are work contracts within the meaning of Sections 631 et seq. of the German Civil Code.

2.2.3 The scope of the services to be provided by the contractor is determined on the one hand by individual contractual agreements between the parties and, on the other hand, by a detailed specification prepared by the customer, as well as the specification based on this. The contractor will check the customer's ideas described in the specifications to the best of his knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and freedom from contradiction. Should the contractor recognize that the requirements contained in the specification sheet are not suitable for creating a website, the contractor will immediately inform the customer and make a corresponding proposal to supplement and/or adapt the specification. The customer must comment on any suggestions made by the contractor with regard to the specifications within a reasonable period of time in writing or in text form and finally confirm the content of the specification with the contractor in writing or in text form. If there is agreement between the parties with regard to the specifications, its contents become part of the contract.

2.2.4 On the basis of the specifications, the contractor prepares a specification which primarily describes the technical, technical and/or design implementation of the requirements contained in the specification. After completion, the contractor submits the specifications to the customer for acceptance. The customer is entitled to reject the specifications prepared by the contractor and to communicate requests for changes or adjustments. The contractor undertakes to submit a maximum of two alternative suggestions, taking into account the wishes of the customer. If the customer finally disagrees with the contractor's last suggestion, he or the contractor can — if legally possible — extraordinarily terminate the contractual relationship or withdraw from the contract. In this case, the contractor's fees and/or expenses incurred in connection with the specifications and/or specifications must be adequately reimbursed or reimbursed by the customer.

2.2.5 If the specifications are accepted by the customer, the services described there are considered to have been finally agreed between the parties. Any deviation from the content of the specifications accepted by the customer requires an express individual agreement between the parties. The contractor does not provide any services beyond the services described in the specifications accepted by the customer. In principle, the contractor also does not provide any reductions in performance compared to the services described in the specification sheet accepted by the customer. After acceptance of the specifications by the customer, the contractor develops and programs the websites in compliance with the agreed specifications.

2.2.6 In addition to the specifications, the contractor provides the customer with a time and work plan. The content and requirements of this time and work schedule become part of the contract, unless the customer immediately objects. The contractor undertakes to hand over the finished website or parts of it to the customer on a suitable data carrier by the end date specified in the time and work plan and/or to send it to a server specified by the customer. The details of the transfer or upload of the finished web pages are also the subject of individual contractual agreements between the parties.

2.2.7 The contractor's work requires that all data to be provided by the customer and required for the implementation of the project (e.g. texts, templates, graphics) and/or system environments are made available to the contractor in a timely and appropriate form. The contractor is in no way responsible to the customer for delays and delays in the implementation of projects caused by late (necessary) cooperation or assistance from the customer.

2.2.8 As soon as the website has been completed, the contractor will ask the customer to accept the website. If necessary, a test phase can be arranged before acceptance. If the customer discovers errors before acceptance or during an agreed test phase, he will report them to the contractor in writing or in text form. The contractor will make every effort to correct the errors professionally. For this purpose, the contractor may provide temporary workarounds.

2.2.9 The inspection or procurement of rights, the procurement and/or integration of plug-ins and/or tools (e.g. statistics) or certificates (e.g. SSL/TLS) are only owed by the contractor to the extent that this has been expressly agreed in an individual contract. There is no claim to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation — subject to express individual agreements to the contrary.

2.2.10 Unless otherwise agreed, the websites created are optimized for Chrome, Safari, Firefox and Edge browsers in their current version (the latest two versions of the browser in each case). Search engine optimization (SEO) is only owed if it has been expressly agreed.

2.2.11 The contractor is not entitled and not obliged to advise the customer on competition, consumer, labeling or other legal issues within the meaning of the Legal Services Act. It is therefore up to the customer to find out about the competition, consumer or labeling regulations applicable to his shop and, if necessary, to have the shop examined by a specialized lawyer.

2.2.12 After completion of the websites and/or individual parts of them, the contractor may offer the customer maintenance and care services relating to the websites. However, neither is the contractor obliged to make such an offer, nor does the customer have to make use of the contractor's further service offerings. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the customer alone is responsible for the technical maintenance and up-to-dateness of the websites after acceptance. The contractor is not liable to the customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

2.3 Maintenance and support of websites/shops

2.3.1 After completion of the websites and/or individual parts of them, the contractor may offer the customer maintenance and support services relating to the websites (hereinafter “maintenance contracts”). The contractor may also offer maintenance of third-party websites. However, the contractor is not obliged to make such an offer, nor does the customer have to make use of the contractor's further service offerings. Corresponding agreements are exclusively the subject of individual agreements.

2.3.2 The content of the maintenance contracts is the elimination of malfunctions and the occasional update of the website for common web browsers in its current version. Further services, such as regular maintenance, may be agreed on an individual contract.

2.3.3 The contractor is not liable for malfunctions and incompatibilities caused by the customer's own unauthorized changes or based on other errors that are not the responsibility of the contractor; the provisions under “Liability/Indemnification” remain unaffected.

2.3.4 Maintenance includes, subject to different agreements, only the technical update of the website, but not the content. In particular, the contractor is not responsible for updating the legal notice or the privacy policy, subject to different individual agreements.

2.4 Web hosting

2.4.1 The contractor also offers the customer the hosting of the websites/shops created by him. The contractor will use the servers of third-party companies to perform its services. The contractor will inform the customer about the servers and third-party companies used before the contract is concluded. The specific scope of services (domain administration, storage space, email hosting, certificates, etc.) is the subject of individual agreements between the parties.

2.4.2 The availability of the servers used by the contractor for hosting purposes is at least 99 percent on an annual average. This excludes those times during which the servers cannot be reached due to events beyond the control of the contractor (force majeure, acts of third parties, technical problems outside the control of the contractor, etc.).

2.4.3 It is the customer's responsibility to make regular backup copies of his hosted data. If the customer is unable to do so, he must commission the contractor or other professionally suitable third parties to provide security. The customer himself is liable for any data loss that occurs due to a lack of data backup.

2.4.4 No content may be stored on the storage space provided that is insulting, extremist, glorifying or trivializing violence, seditious, right-wing extremist, discriminatory, anti-constitutional, harmful to young people or pornographic, that violates the rights of third parties (e.g. trademark and copyright) or other applicable law or common decency (in particular criminal law and administrative offenses law) or violates morality (in particular criminal law and administrative offense law) or contains malicious code or malware. If the contractor becomes aware that illegal content within the meaning of this paragraph could be stored in the storage space provided as part of hosting, he will proceed as follows:

2.4.4.1 The contractor will immediately review the relevant content cursorically. Should the course review reveal that inadmissible content cannot be ruled out, the contractor may, at its own discretion, temporarily block it or take other measures appropriate to the risk situation, including deletion of the content. The contractor will ask the customer to comment and give him a reasonable period of time to do so.

2.4.4.2 As soon as the customer's opinion is available or if the customer has not made any comment within the given period, the contractor will make a final decision on how to deal with the affected content. In particular, the following measures may be considered: warning; indefinite blocking or final deletion of the content; temporary blocking of the customer (alternatively, partial blocking can also take place); ordinary or extraordinary termination of the contract; criminal complaint or notification to the public order office (if there is a criminal offence in the area that may pose a risk to the life, limb or safety of a person, the contractor is legally obliged to report it). The contractor will only take the respective action after a thorough and objective assessment, taking into account in particular the seriousness of the infringement, the number of total violations, potential effects on the services provided by the contractor, its customers and other third parties, overall conduct (e.g. ability to understand the infringement), fault (intent, negligence), the motives of the infringement (if apparent) and the customer's consent (if any).

2.4.4.3 The contractor will inform the customer about the evaluation, its result and the measures adopted, provided that there are no legal reasons to the contrary.

2.4.4.4 The contractor will not proactively check the stored content and — subject to information to the contrary — will also not carry out automated checks of the stored content. However, he takes action as soon as he himself recognizes such content or is notified of such content by third parties. If the customer becomes aware of such content, he can of course contact the contractor at any time; for this purpose, he can use the contact details in the legal notice.

Part 3 — Content creation and design

3.1 Design of print products

3.1.1 The subject of print design contracts between the contractor and the customer is generally the development of print products in accordance with the customer's design requirements (e.g. designing banners, post graphics, posters, signs, flyers, roll-ups, motor vehicle or shop window stickers, textiles or logo designs). Design contracts concluded between the parties are work contracts within the meaning of Section 631 et seq. of the German Civil Code.

3.1.2 The individually agreed services result from the contract concluded individually between the contractor and the customer. To this end, the customer first submits an enquiry to the contractor with as detailed a description as possible of the services required by him. This request constitutes an invitation to submit an offer by contractors. The contractor will check the customer's ideas described in the request for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and freedom of contradiction and will prepare an offer on the basis of the wishes arising from the customer request. A contract between the contractor and the customer is only concluded once the offer has been accepted by the customer.

3.1.3 After conclusion of the contract, the customer's requirements are discussed in a further briefing if necessary and the requirements are specified. At this stage, customer requests can be submitted, provided that these are covered by the originally agreed scope of services. If necessary, it is possible to rebrief before the service item is manufactured. Adjustments become part of the original contract when both parties agree in writing (e.g. by email). Otherwise, the contractor is only obliged to produce the items listed in the contract. Additional services must be agreed and paid separately.

3.1.4 Unless otherwise agreed, the customer has the right to two correction cycles. Complaints regarding artistic design are generally excluded after the agreed corrections have been carried out. If the customer wishes to make further changes, he must bear the additional costs.

3.1.5 The contractor's work requires the customer to provide the contractor with all data required for the implementation of the project (texts, templates, graphics, etc.) in full and in an appropriate form before the start of the order. The contractor is in no way responsible to the customer for delays and delays in the implementation of projects caused by late (necessary) cooperation or assistance from the customer. If the customer does not comply with this obligation, the contractor may charge the customer for the time required as a result.

3.1.6 Unless otherwise agreed in the contract and not otherwise expected from the purpose of the contract, when creating print products, the contractor only owes the transfer of a standard print file (e.g. PDF, JPG or PNG) in addition to the contractually agreed services. The customer is not entitled to the release of an editable file (e.g. open files from graphics programs).

3.2 Processing of print orders

3.2.1 The contractor offers the customer the processing of orders for the production of print products (flyers, brochures, posters, catalogues, etc.). The contractor undertakes all agreed actions for this purpose, e.g. communication with the respective service provider carrying out the printing (print service provider). Depending on the agreement, the contractor offers the services as a direct transaction or as an intermediary transaction.

3.2.2 If the parties agree on a direct transaction, the contractor prints the ordered print products himself or commissions a print service provider in his own name and for his own account. In this case, the customer's contractual partner is exclusively the contractor. There is no contractual relationship between the customer and the print service provider. The contractor invoices the customer directly for the printed products. The customer accepts the printed products from the contractor.

3.2.3 If the parties agree on a brokerage transaction, the contractor concludes the contract for the production of the print products with the print service provider in the name and for the account of the customer or arranges such a contract. The contractor acts purely as an intermediary vis-à-vis the print service provider. The contractual relationship is created solely between the customer and the print service provider. The contractor is not a party to this contract. The contractor informs the customer of all essential steps and agrees with the customer regarding the details of the content and conclusion of the contract (in particular on the type, prices and quantities) and is bound by his instructions. The respective price and/or terms and conditions of the printing service provider apply. The customer pays for the services directly to the print service provider. The print products are approved by the print service provider. It is the customer's responsibility to check that the finished print products are free of defects. The contractor is not liable for the production of the print products by the print service provider in accordance with the contract, in particular not for their content, inventory, quality and/or condition. In the event of a dispute, the contractor — to the extent permitted by law — provides the customer with all necessary information. The contractor is not responsible for any further assistance in asserting warranty claims or other claims. The provisions under “Liability/Indemnification” remain unaffected by this.

3.2.4 The customer is obliged to carefully check the content and technical accuracy and completeness of the print data to be transmitted to the print service provider. Unless otherwise agreed, the contractor does not check the print data for content or technical accuracy. The printed products ordered will only be printed once the customer has given the final print approval.

3.2.5 If a specific transmission format is required (e.g. PDF, InDesign), the customer will submit the print data in this format.

3.3 Writing texts/copywriting

3.3.1 The contractor creates texts for the customer (e.g. press releases, contributions for websites, advertising texts, etc.). The content of these texts is defined in an individual contract.

3.3.2 As soon as the agreed texts have been completed, the contractor will send them to the customer for approval and acceptance. Unless otherwise agreed, the customer has the right to two correction cycles. Complaints regarding stylistic design or the incorporation of new information into the text are generally excluded after the second round of amendments. If the customer wishes to make further changes, he must bear the additional costs.

3.3.3 If the contractor has been commissioned to publish, the texts will only be published after approval by the customer, subject to different agreements; approval also represents acceptance of the texts. In the case of press releases, after approval, a distribution date is also set on which they are to be transmitted to the media. If the customer publishes or is to publish the texts himself, he must accept the texts in advance. If the customer publishes the texts before acceptance, the publication is considered acceptance.

3.3.4 For errors discovered after approval/acceptance, the contractor is solely liable in accordance with the regulations under the heading “Liability/Indemnification”.

3.4 Design and conception of graphics and logos (designs)

3.4.1 After agreement with the customer, the contractor will design and design graphics and/or logos (hereinafter referred to as “designs”).

3.4.2 To this end, the customer first submits an enquiry to the contractor with as detailed a description as possible of the designs he wants. This request represents an invitation to submit an offer by the contractor. The contractor will check the customer's ideas described in the request for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and freedom from contradiction and will prepare an offer based on the wishes arising from the customer request. A contract between the contractor and the customer is only concluded once the offer has been accepted by the customer.

3.4.3 A prerequisite for the contractor's work is that the customer provides the contractor with all data required for the implementation of the project (color definition, etc.) in a completely suitable form before the start of the order. If the customer does not comply with this obligation, the contractor may charge the customer for the time required as a result.

3.4.4 Unless otherwise agreed, the customer has the right to two correction cycles for each design. Once these correction loops have been carried out, requests for adjustments and complaints (particularly with regard to artistic design) will no longer be considered. If the customer wishes further changes after the agreed correction loops have been carried out, the contractor can make these to the customer for an additional fee to be agreed upon.

3.4.5 As soon as the agreed design has been completed, the contractor will ask the customer to accept the work. The designs are sent to the customer in a common file format.

3.4.6 The contractor grants the customer the rights to use the designs required for the respective purpose. Subject to deviating regulations, an exclusive right of use is granted when creating logos that is unlimited in time, place and content; however, individual graphic elements of the logos may be used to create other works as long as this does not create a risk of confusion with the created logo. All other designs are granted a simple right of use, subject to different individual agreements. A transfer of usage rights by the customer to third parties requires an individual contractual agreement with the contractor. The drafts presented within the review loop may not be used, reproduced or passed on to third parties in their original or modified form without the express consent of the contractor by the customer.

3.4.7 The rights of use are transferred to the customer only after full payment of the remuneration.

Part 4 — Marketing

4.1 SEO marketing

The contractor offers the customer services in the area of SEO marketing, among other things. As part of the provision of services, the contractor is solely responsible for carrying out measures which, in the contractor's own experience, can positively influence the search engine ranking or are expressly ordered by the customer. This is a service within the meaning of Sections 611 et seq. of the German Civil Code. On the other hand, a specific result (e.g. a specific ranking in the search engine results list) is only owed as part of SEO services if this has been expressly guaranteed.

4.2 SEA campaigns

The contractor offers the customer services in the area of SEA campaigns. As part of the provision of services, the contractor is solely responsible for submitting suggestions regarding effective advertising keywords and, after approval by the customer, for the implementation of the measure (placement of advertisements). These are services within the meaning of Sections 611 et seq. of the German Civil Code. A specific result (e.g. sales figures) is not owed as part of SEA services, unless this has been expressly assured. The contractor is not obliged to verify the legality of keywords. The contractor provides the customer with suggestions regarding the booking of keywords. The customer is responsible for the legal review, in particular for the trademark rights of third parties and approval of the keywords, before carrying out the campaign. The fee agreed for the services described here does not include the costs of placing paid advertisements; unless otherwise agreed, these costs must be borne by the customer.

4.3 Placement of advertisements

4.3.1 The contractor supports the customer in placing ads on social media portals, search engines and other media (“ads”).

4.3.2 The contractor advises the customer on how to design his advertisements in such a way that they are as visible as possible. Certain results (e.g. sales figures, leads) are not due to this.

4.3.3 The contractor also supports the customer in designing the texts and images for the advertisements. However, the selection of content for the ads (images, texts, videos, impressions, etc.) is solely the responsibility of the customer. The contractor will not check this content, but also the advertisements as a whole, for their content or legal accuracy. In this respect, it is expressly pointed out that the contractor is not entitled to provide legal advice to the customer. Should the contractor nevertheless discover in individual cases that the content provided by the customer and/or the advertisements violate applicable law, the contractor may refuse to post such content or create the advertisements.

4.3.4 All content must be accepted by the customer and is then uploaded by the contractor to the respective advertising channels, whereby the contractor only owes the technical upload of the content and is only responsible for it; the regulations under “Liability/Release” remain unaffected.

4.3.5 The fee agreed for the services described here does not include the costs of placing paid advertisements; unless otherwise agreed, these costs must be borne by the customer.

Part 5 — Other provisions

5.1 Prices and Compensation

The remuneration for the contractor's services is the subject of an individual contractual agreement between the parties and is generally based on the offer.

5.2 Acceptance

If a work has been agreed upon, the contractor will ask the customer to accept it. The acceptance period within the meaning of Section 640 (2) S.1 BGB is set at 2 weeks from the acceptance request, unless a different acceptance period is required in individual cases due to special circumstances, which the contractor will notify the customer separately in this case. If the customer does not respond within this period or does not refuse acceptance due to a defect, the work is considered accepted.

5.3 Warranty for defects

An insignificant defect does not give rise to any claims for defects. The choice of the type of subsequent performance is up to the contractor. The limitation period for defects and other claims is one (1) year; this limitation does not apply to claims resulting from intent, gross negligence or from injury to life, or health by the contractor. The limitation period does not begin again if subsequent performance is carried out as part of the liability for defects. Otherwise, the statutory warranty for defects remains unaffected.

5.4 Granting of rights, self-promotion and right of mention

5.4.1 After full payment of the order by the customer, the contractor generally grants the customer a simple, non-transferable right to use the corresponding work results. Further rights can be agreed on an individual contract.

5.4.2 Unless otherwise agreed, the customer expressly grants the contractor permission to publicly present the project for the purpose of self-promotion (references/portfolio). In particular, the contractor is entitled to advertise the business relationship with the customer and to refer to himself as the author on all advertising material created and in all advertising measures, without the customer being entitled to any claim for remuneration.

5.4.3 Furthermore, the contractor is entitled to place his own name, with a link, in an appropriate manner in the footer and in the imprint of the website (s) created by the contractor, without the customer being entitled to any claim for payment.

5.5 Confidentiality

The contractor will keep all business transactions of which he is aware of, in particular but not exclusively, printed documents, layouts, storyboards, figures, drawings, audio tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products and such other documents that contain films and/or audio plays and/or other copyrighted materials from the customer or affiliated companies. The contractor undertakes to impose the duty of confidentiality on all employees and/or third parties (e.g. suppliers, graphic artists, programmers, film producers, recording studios, etc.) who have access to the above-mentioned business transactions. The confidentiality obligation applies indefinitely beyond the duration of this contract.

5.6 Liability/indemnification

5.6.1 The contractor is fully liable for intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated, or due to mandatory liability, such as under the Product Liability Act. If the contractor negligently breaches an essential contractual obligation, liability is limited to foreseeable damage typical of the contract, unless liability is unlimited in accordance with the previous sentence. Significant contractual obligations are obligations which the contract imposes on the contractor in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. Otherwise, liability on the part of the contractor is excluded. The above liability regulations also apply with regard to the liability of the contractor for his vicarious agents and legal representatives.

5.6.2 The customer releases the contractor from any claims made by third parties against the contractor as a result of breaches by the customer of these terms and conditions or of applicable law.

5.7 Final provisions

5.7.1 The contracts concluded between the contractor and the customer are subject to the substantive law of the Federal Republic of Germany, excluding the UN sales law.

5.7.2 If the customer is a merchant, legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the contractor's registered office will be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

5.7.3 The contractor is entitled to amend these terms and conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or business or corporate strategy) and within a reasonable period of time. Existing customers will be notified of this by email no later than two weeks before the change comes into effect. If the existing customer does not object within the period set in the change notification, their consent to the change is considered to have been given. If he objects, the changes do not come into force; in this case, the contractor is entitled to extraordinarily terminate the contract at the time the change comes into force. Notification of the intended change to these terms and conditions will indicate the deadline and the consequences of the objection or failure to do so.