Terms and conditions
INTEGR8 media GmbH
1. Scope of application, subject matter of contract
- a) The terms and conditions between INTEGR8 media GmbH, Alte Jakobstraße 85/86, 10179 Berlin, (hereinafter referred to as “INTEGR8” or “Agency”) and the client (hereinafter referred to as “Client”) are exclusively governed by these General Terms and Conditions (GTC) in the version valid at the time of conclusion of the contract. Deviating terms and conditions shall only apply if INTEGR8 expressly agrees to their validity in writing (by letter post, e-mail or fax).
- b) The concrete subject matter of the contract and the performance obligations of the parties result from the individual service offer of INTEGR8.
- c) Unless expressly included in the offer of INTEGR8, services that are not directly provided by INTEGR8 are not part of the contractually agreed remuneration, but are to be paid separately by the Customer. This includes the granting of rights of third party content (e.g. stock material), legal reviews, production costs (audio/video), translations and other comparable services of third parties, as well as unforeseen travel expenses during the preparation of the offer.
- d) There are no obligations on the part of INTEGR8 to hand over editable original data. This will only be done upon request of the customer against payment of a fee, which is to be agreed separately.
- e) INTEGR8 is entitled to use vicarious agents for the performance of the contract at its own discretion, without there being a corresponding obligation to inform the customer about it.
- f) These GTC apply exclusively to contracts with entrepreneurs in the sense of § 14 BGB.
2. Quotation, Conclusion of Contract
- a) Service offers of INTEGR8 are non-binding, which means that price and execution of the offered service can change.
- b) As far as INTEGR8 communicates the conditions for an order, this therefore does not represent a legally binding offer. Only if the customer agrees with the conditions of INTEGR8, it is an offer of the customer to conclude a contract.
- c) A contract is therefore only concluded, as far as INTEGR8 accepts this offer of the customer. This can be done either by mail, fax or e-mail.
3. Contractual Obligations
- a) The customer provides INTEGR8 with the content required for the creation of the service in digital form. INTEGR8 is not obliged to check the content provided by the Customer, in particular with regard to whether it is suitable to achieve the purpose pursued with the subject matter of the contract. Furthermore, INTEGR8 is not responsible for any content provided by the Customer within the scope of the contract and the contract initiation. In particular, INTEGR8 is not obliged to check the contents for possible violations of law (e.g. trademark rights and copyrights as well as other property rights); this is a duty of the customer.
- b) INTEGR8 endeavours to delete advertising contents immediately if there are indications that these are illegal or violate the rights of third parties. Indications of illegality or infringement are present in particular if authorities or other third parties take measures of any kind against partners, providers and / or INTEGR8 and these measures are based on the allegation of illegality or infringement by the advertising content.
- c) Should third parties make a claim against INTEGR8 for possible infringement resulting from the client’s content, the client agrees to indemnify INTEGR8 from any liability and to reimburse INTEGR8 for any costs incurred by the agency due to the possible infringement.
d) For design services, INTEGR8 is obliged to provide up to 2 rounds for the master layout. For the design of print materials, up to 3 drafts are inclusive. If the client is still not satisfied after the second round or with the three drafts, both he and INTEGR8 have the option to terminate the project at this point. In case of termination, INTEGR8 voluntarily waives payment of the remaining project amount. All other service items already provided (such as the conception, design and programming phase) remain unaffected and are to be paid by the client according to the contract.
4. contract term, contract termination
- a) The ordinary contract term results from the individual contract of the parties.
- b) In case of contracts with a fixed term, the ordinary termination with a notice period of three (3) months to the end of the agreed term is possible for both contracting parties, otherwise the contract is extended again by the duration of the agreed term.