Terms and Conditions of the
Agency M HOCH 3
Owner Berthold Blesenkemper
(Stand 23, October 2014)
(1) For all contracts for deliveries and services between M HOCH 3 and its client, the following General Terms and Conditions (GTC) apply exclusively, unless otherwise expressly agreed in writing.
(2) Deviating terms and conditions of the customer as well as changes and additions to these terms and conditions shall only be valid if and insofar as they have been accepted in writing by M HOCH 3.
§2 services and order placement
(1) M HIGH 3 provides services and works in the field of journalism, public relations / public relations, digital marketing and digital signage. Basis of the business relationship is the respective consulting contract, in which the scope of services and the remuneration are recorded. The nature of the services and works in detail results from the concept developed by M HOCH 3, written offer, written proposals for measures or written individual orders.
(2) The client confirms binding offers in writing (letter, e-mail). The client receives an order confirmation by e-mail after receiving the order. With this order confirmation, the order is considered accepted and the consulting contract as concluded. This order confirmation is decisive for the delivery date, as long as the contract itself does not contain any individual regulations.
(3) Updates and changes to offers and orders are set out in writing by both parties and, as an additional agreement, are part of the contractual relationship between us and the client. The client is not entitled to unilaterally change the contractual services.
(4) Any additional expenses incurred as a result of changes made by the client will be charged as additional service at the agreed hourly rate.
(5) For special needs, we will add external service providers. In this case, the business relationship continues to exist between us and the client, unless otherwise agreed.
§3 compensation, additional costs, external costs
(1) Unless otherwise expressly agreed, M HOCH 3 will settle accounts at the actual expense on the basis of the agreed hourly rates.
(2) Quotations and calculations are not binding. Exceeding the preliminary calculation or the cost estimate of more than 20 percent will be displayed to the client.
(3) Third-party costs for the involvement of photographers, graphic designers, web designers, printers, or third parties as well as advertisements, etc. shall be charged to the customer with an additional surcharge of 15 per cent, unless the customer pays these costs directly.
(4) additional costs such as expenses for telephone, fax, postage, copies u. § are to be paid separately against proof if and unless otherwise expressly agreed otherwise.
(5) Travel expenses will be reimbursed 0,50 € / km unless otherwise agreed in the contract.
§4 Payment and Due Date / Right of Retention and Retention of Title
(1) All prices of our services do not include VAT at the current rate of 19 percent.
(2) Our claim to payment of the price arises for each individual service as soon as it has been provided by us. All services by us, which are not expressly stated as agreed in the price, are ancillary services, which are paid separately. We are entitled to demand advance payments from the client.
(3) Payments are due for payment immediately upon completion of the invoice.
(4) The client is also in default without a reminder on our part, if he does not make the payment within 14 days after the due date of the invoice. In addition to the then due interest on arrears, a reminder fee of 5,00 € plus VAT is payable from the third reminder.
(5) Until full settlement of M HOCH 3's claims, M HOCH 3 has a right of retention. Delivered goods and services remain the property of M HOCH 3 until full payment of the amount due.
(6) The customer is only entitled to offsetting and withholding similar claims if they have been legally established or are undisputed. For dissimilar claims, a right of retention is limited to claims from the same contractual relationship.
§5 delivery times and dates
(1) Agreed performance or delivery periods are not binding, unless they are expressly marked as binding deadlines.
(2) Failure to meet an appointment shall only entitle the client to assert its rights under the law if it has granted us a reasonable period of grace.
§6 cooperation, obligation to cooperate
(1) M HOCH 3 and the client commit to cooperative, purposeful collaboration.
(2) Insofar as M HOCH 3 requires documentation or information from the client in order to fulfill its contractual obligations, it will request them in writing in good time. The client undertakes to forward all information and materials available to him which are necessary for the fulfillment of the tasks assumed to achieve the purpose of the contract without delay.
§7 secrecy clause, loyalty
(1) We have a duty to maintain confidentiality over all operational, business and personal matters that have become known to us in the course of our activity. The duty of secrecy also applies after termination of the contract and can only be canceled in writing by the client himself. In addition, we are obliged to keep carefully the documents provided for the purpose of consulting activities and to protect them against the inspection of third parties. The duty of care and confidentiality also applies if cooperation does not materialize.
(2) M HOCH 3 is committed to providing objective advice focused solely on the client's objectives. This concerns in particular questions of the use of techniques and the selection of third companies and persons by the agency.
§8 copyright, right of use
(1) All copyrights and exploitation rights to the products created by M HOCH 3 remain with M HOCH 3 as creator, unless expressly assigned in writing. Reproduction and exploitation or use of any kind, regardless of which medium, beyond the commission, requires the prior written consent of M HOCH 3. The extension of rights of exploitation or use, in particular new conditions, or use of the products with other media are permitted only in the context of the issue of a new contract.
(2) In addition to the above, all rights to drafts presented to or handed over to the client in the framework of the contract initiation shall remain unrestricted with M HOCH 3. If the order is not placed, all designs must be returned to M HIGH 3 or destroyed on request. Any other use of the designs in whole, in part or in modified form is prohibited to the client. § 106 ff. Copyright Act is expressly pointed out.
(3) If the client provides his own materials (pictures, texts, sound samples, etc.) within the scope of the order M HOCH 3, he guarantees that these materials are free of third party rights or that the utilization of the materials required for the realization of the project and rights of use to the customer without restriction. At the request of M HOCH 3, the client must provide the corresponding release declarations of the copyright owners. The client irrevocably indemnifies M HOCH 3 from any claims of third parties in unlimited amounts including any legal costs. All materials of the client will be kept by M HOCH 3 after completion of the order, then the documents are either returned or destroyed according to the instructions of the client.
(1) M HIGH 3 submits templates (texts, images, etc.) to the client for approval in the draft. He has to examine the submitted drafts. If the client releases the template, he accepts sole liability for the accuracy of the designs.
(2) M HOCH 3 is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. For slight negligence M HOCH 3 is liable exclusively according to the provisions of the Product Liability Act, because of the injury of the life, the body or the health or because of the injury of substantial contract duties. The claim for damages for the slightly negligent breach of essential contractual obligations, however, is limited to the contract-typical, foreseeable damage, as far as not liable for injury to life, limb or health. M HOCH 3 is liable to the same extent for the fault of vicarious agents and agents. Warranty claims and claims for damages on the part of the customer against us expire within one year.
(3) The client indemnifies M HOCH 3 from claims of third parties if M HOCH 3 has acted at the express request of the client, even though it has communicated to it its substantiated objections with regard to the admissibility of the measure.
(4) M HOCH 3 can not be held liable for any failure or late performance of any contractual obligations if these are due to causes of force majeure or causes beyond the control of the agency.
(5) The review of the legal situation, in particular in the area of copyright, competition, trademark, patent and trademark law, is not the task of M HOCH 3. In the absence of a written agreement to the contrary, M HOCH 3 is therefore not liable for the legal admissibility of the content and / or the design of the work results. The same applies to liability for errors resulting from documents handed over by the client.
(1) Complaints against quantity and / or quality of a delivery, so far as it concerns so-called open defects, are to be announced to us immediately after receipt of the commodity in writing.
(2) In the case of hidden defects, the written complaint must be made immediately upon discovery of the defect, but at the latest within one year after receipt of the object of the contract; the statutory periods of limitation remain unaffected. The burden of proof that it is a hidden defect meets the client. If the client is a consumer in the sense of § 13 BGB, § 476 BGB applies.
(3) In the case of legitimate complaints, a remedy or substitute delivery will be made at the discretion of the customer, provided that he is a consumer within the meaning of § 13 BGB; otherwise the election will be made by us. Are we not in the position to repair or subsequent delivery or in accordance with § 439 para. 3 BGB to refuse the repair or the subsequent delivery entitled or occurs a delay in the repair or subsequent delivery beyond a reasonable period, we are responsible, or if the subsequent delivery or rectification fails twice, the client is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.
(4) Insofar as the statutory provisions on the sale of consumer goods (§§ 474 ff. BGB), in particular with regard to recourse liability (§§ 478 ff. BGB), are not applicable due to the lack of legal prerequisites, a one-year warranty period applies.
(5) The legal consequences of a violation of the duty to inspect and to give notice of defects (according to § 377 HGB) remain unaffected.
(6) Claims for damages of the client, for whatever legal reason, in particular due to breach of obligations under the contract and tort are excluded, unless a mandatory liability under the Product Liability Act occurs, in cases of liability for intentional or grossly negligent conduct, because of Injury to life, body or health, or breach of material contractual obligations.
(7) The claim for damages for the breach of essential contractual obligations, however, is limited to the foreseeable damage typical of the contract, unless limitation is excluded for any other reason due to intentional or grossly negligent action or injury to life, limb or health.
(8) Returns that are not based on a right of withdrawal of the client within the scope of his warranty rights are only accepted with our prior consent. If this is not the case, we can refuse to accept it.
(9) A warranty beyond the statutory warranty is not granted by us.
(1) The personal data of the purchaser that become known directly or through third parties as part of the business relationship will be stored by us in an automatic file and processed for business transactions (reference to the Federal Data Protection Act).
(2) The client consents to the processing of personal information about him directly or by third parties becoming known by us.
(1) Terminations of orders must be made in writing by mail or e-mail. Cancellation and cancellation also apply to standing orders as termination.
(2) Unless otherwise agreed, the contract may be terminated at the end of the sub-project phases identified in the project plan in the case of a settlement based on fixed prices for sub-project sections. The right to extraordinary termination remains unaffected.
§13 Salvatorische Klausel
Should any provision of these Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. The parties shall replace the ineffective or invalid provisions with such effective provisions as come closest to the economic purpose intended by the parties.
§14 Place of Performance and Jurisdiction
(1) Place of fulfillment is the seat of our agency in Bocholt.
(2) The place of jurisdiction for all disputes arising indirectly or directly between us and the client shall be the place of jurisdiction for our registered office in Bocholt, insofar as the contractual partner is a merchant, a legal entity under public law or a special fund under public law.