GENERAL TERMS AND CONDITIONS OF THE WEB AGENCY FINITY IN
- Subject of the contract
1.1. The following general terms and conditions regulate all legal relationships between Georg Arndt (FInity In), hereinafter referred to as “agency”, and its contractual partners, hereinafter referred to as “customer”. Deviating conditions of the customer only apply with the express and written consent of the agency.
1.2. These terms and conditions also apply to future business relationships with the customer, even if they are not expressly agreed.
1.3. The agency offers services in the areas of internet, public relations, corporate design, promotion and direct advertising. The exact description of the services to be provided can be found in the tender documents, briefings, project contracts as well as the appendices and service descriptions of the agency. - Contract components and changes to the agency contract
2.1. In addition to the project contract and its appendices, the briefing submitted by the customer to the agency forms the basis for the agency’s activities and is part of the contract. If the briefing is given verbally or by telephone, the agency will prepare a re-briefing within 5 working days of the verbal or telephone transmission, which will be presented to the customer. This re-briefing becomes a binding part of the contract unless the customer objects to it within 5 working days.
2.2. Events of force majeure entitle the agency to extend the duration of the commissioned project by the time of the disruption and a reasonable start-up time. This does not give rise to any claim for damages by the customer against the agency, even if important deadlines and/or results cannot be met or are not achieved as a result. - Copyright and usage rights
3.1. With full payment of the agreed fee for the contractually agreed duration and the agreed scope, the customer acquires the usage rights to all work carried out by the agency as part of the order. This transfer of usage rights applies, as far as legally permissible, to the agreed use in the Federal Republic of Germany. Uses beyond this area require a written agreement as part of the order or a separate written agreement. A website created by the agency may be made available online worldwide without any further written agreement. Rights of use for work that has not yet been paid for at the end of the contract remain with the agency, unless otherwise agreed.
3.2. The services provided as part of the order are protected by copyright, even if the level of creativity required under copyright law is not achieved.
3.3. The agency is entitled to label the advertising materials it has developed appropriately and in accordance with industry practice and to publish the order placed for its own advertising purposes. Such labeling and use can be excluded by a separate written agreement between the agency and the customer.
3.4. The agency’s work may not be altered by the customer or by third parties commissioned by the customer, either in the original or in reproduction. Any imitation, including of parts of the work, is prohibited. In the event of a violation, the agency is entitled to an additional fee from the customer of at least 2.5 times the originally agreed fee.
3.5. The transfer of the granted usage rights to third parties and/or multiple use are subject to a fee and require the consent of the agency, unless regulated in the initial order.
3.6. The agency has a right to information about the extent of use. - Remuneration
4.1. The remuneration agreed in the contract applies. Payments are due within 14 days of invoicing without deductions, unless otherwise agreed. If the payment deadline is exceeded, a claim for default interest arises in accordance with statutory regulations. The right to assert further claims for damages remains unaffected.
4.2. If orders are changed or canceled, the agency is entitled to demand appropriate compensation for services already provided. This is calculated based on the previous expenditure, which is detailed in the agency’s list of claims.
4.3. All prices stated in offers and orders are exclusive of the legally valid sales tax at the applicable rate. - Additional services
5.1. Unforeseen additional costs require mutual agreement and, if necessary, subsequent calculations.
5.2. The agency also arranges leasing contracts and hosting contracts with third parties (providers). This contract does not give rise to any claims against the agency, as it does not become a contractual partner. However, the agency will support the customer to the best of its ability,