General Terms and Conditions
§1 Object and Scope
(1) The following General Terms and Conditions govern the contractual relationship between FORMM Media & Marketing UG (limited liability), Edisonstraße 63, 12459 Berlin, Germany (hereinafter referred to as "Agency") and its contractual partners (hereinafter referred to as "Client") for all services and works in the fields of advertising and design. The Agency is represented by the Managing Director Simon Förstemann, registered in the Commercial Register of the District Court of Berlin Charlottenburg under HRB 199779, VAT ID: DE320618799.
(2) These GTC apply to all contracts concluded between the Agency and the Client, unless a written agreement to the contrary has been made. They also apply to future business relationships without the need for renewed consent.
(3) Deviating terms of the Client will only be recognized if the Agency has expressly agreed to their validity in writing.
§2 Presentation and Use of Services
(1) All services provided by the Agency as part of a presentation, especially presentation materials and the designs contained therein, remain the property of the Agency. The use of these by the Client without commissioning the Agency and without the Agency's written consent is prohibited. Unawarded projects entitle the Agency to further use of the ideas and designs.
(2) Disclosure of presentation materials to third parties without the Agency's consent obliges the Client to pay the agreed fee.
§3 Compensation and Payment Terms
(1) The Agency creates the agreed works according to the project description. The Agency is permitted to subcontract third parties for the provision of services.
(2) Objections to an invoice must be raised in writing within six business days. After this period, the invoice is considered approved.
(3) Compensation is based on the actual services rendered at the agreed hourly rates, unless otherwise agreed. Cost estimates are non-binding; the Agency will notify the Client of any overruns exceeding 10%.
(4) Agreed prices are exclusive of statutory VAT. Invoices are due immediately upon receipt. In case of late payment, default interest of 8 percentage points above the base rate will be charged.
§4 Copyright and Usage Rights
(1) All works created by the Agency are protected by copyright. Use without the Agency's consent is not permitted. In the event of consent, the scope of the usage rights is determined by the contractual agreement.
(2) The transfer of usage rights only takes place after full payment of the compensation. Transfer of rights to third parties requires the Agency's written consent.
§5 Liability
(1) The Agency is only liable for damages in cases of intent or gross negligence. Liability for slight negligence exists only in the event of a breach of essential contractual obligations.
(2) It is the Client's responsibility to ensure the legal compliance of the created works. The Agency assumes no liability for the legal validity of the content.
§6 Final Provisions
(1) Place of fulfillment and jurisdiction is Berlin. The law of the Federal Republic of Germany applies.
(2) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a regulation that comes closest to the original purpose shall apply.