General terms and conditions of business

§ 1 SCOPE, FORM
  1. These General Terms and Conditions (GTC) apply to all of our business relationships with customers if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a is a special fund under public law.
  2. Our general terms and conditions apply exclusively. Differing, conflicting or supplementary general terms and conditions of the customer will only become part of the contract if and to the extent that we have expressly agreed to their validity. This consent requirement applies in all cases, for example even if the customer refers to his general terms and conditions as part of the order and we do not expressly object to this.
  3. Individual agreements and information in our order confirmation take precedence over the general terms and conditions.
  4. Legally relevant declarations and notifications by the customer regarding the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing. Written form within the meaning of these General Terms and Conditions includes written and text form (e.g. letter, email, fax). Legal formal requirements and other evidence, particularly in the event of doubts about the legitimacy of the person making the declaration, remain unaffected.
  5. References to the validity of legal regulations only have clarifying meaning. Even without such clarification, the statutory provisions apply unless they are directly changed or expressly excluded in these General Terms and Conditions.
§ 2 CONCLUSION OF CONTRACT
  1. The presentation and promotion of services in our online offer does not constitute a binding offer to conclude a contract.
  2. We send the customer before placing the order an email in which our offer is made. This email does not constitute acceptance. The contract is only concluded upon receipt of the customer's declaration of acceptance; The declaration of acceptance must be in text form. Unless we communicate a commitment to the offer, acceptance is deemed not to have been declared if the customer does not declare acceptance in text form within seven calendar days; Silence expressly does not constitute acceptance.
§ 3 CONTRACT CONTENT
  1. The customer is obliged to provide us with the data, project information and templates essential for the provision of the service.
  2. If the customer provides us with data, project information and templates for use, he assures that he is authorized to transfer and use these data, project information and templates. We are not obliged to check the accuracy of the factual statements made by the customer.
  3. If services such as exposés, newsletter articles, magazine articles, blog articles or similar are produced individually for the customer, three correction loops are included in the offer price. If the customer requests corrections that go beyond this, we reserve the right to make their implementation dependent on the agreement of additional compensation, unless the customer is not responsible for the additional effort.
  4. Our editorial team writes newsletter articles for you. Written newsletter articles and their texts are intended for a specific purpose. Use in whole or in part elsewhere is not permitted. This does not affect the customer's right to create newsletter articles themselves; In this case, the written text must be submitted to our editorial team no later than two working days before the dispatch date in order to check the text again (for offensiveness, competitive fairness, newsletter guidelines, etc.). We reserve the right not to accept or publish newsletter contributions written by the customer or to adapt them. If we do not have the text by the specified deadline, it is not our duty to proactively take care of the procurement.
§ 4 PRICES AND PAYMENT TERMS
  1. Unless otherwise agreed in individual cases, our prices communicated at the time the contract is concluded apply. They do not include the respective statutory VAT, to the extent that this is actually due.
  2. Each project page / each project advertisement is calculated in advance for the respective calendar month at the beginning of each month. The deadline for the start of the calculation is the day of activation by the customer. If activation takes place during a current month, this month will be billed pro rata with the following billing run at the beginning of the month.
  3. If the customer fails to activate a project page/a project advertisement within two months of submitting the data, project information and templates, we reserve the right to charge a flat rate amounting to one monthly fee (net), unless we are responsible for exceeding the deadline. The customer is permitted to prove that we suffered no damage at all or that we suffered less damage.
  4. The compensation to be paid to us is due and payable within 14 days of the invoice being issued. However, we are entitled at any time, even within the framework of an ongoing business relationship, to carry out our services in whole or in part only against advance payment.
  5. The customer only has a right of offsetting or retention due to legally established or undisputed counterclaims.
  6. We allow ourselves to charge reminder fees in the event of late payment within the framework of the legal requirements and to charge interest on payment claims during late payment at 9 percentage points above the base interest rate. We also charge a flat rate of €40 from the second payment reminder. The flat rate must be offset against any damages owed if the damage is based on legal costs.
§ 5 TERM, TERMINATION
  1. If the customer commissions us to create a project page / project advertisement, the contract runs for an indefinite period of time. It can be terminated by either party at any time with one month's notice to the end of a calendar month.
  2. Newsletter contributions can be canceled free of charge with a notice period of 14 calendar days before the dispatch date. If the cancellation occurs after the aforementioned deadline, we reserve the right to charge the full amount of the respective service. The customer is permitted to prove that we suffered no damage at all or that we suffered less damage.
  3. Magazine articles or advertisements can be canceled free of charge with a notice period of 30 calendar days before publication. If the cancellation occurs after the aforementioned deadline, we reserve the right to charge the full amount of the respective service. The customer is permitted to prove that we suffered no damage at all or that we suffered less damage.
  4. The right of a party to extraordinary termination without notice if there is an important reason remains unaffected. Furthermore, Section 314 of the German Civil Code (BGB) applies with the proviso that a warning must be given at least in text form in order to have legal effects.
§ 6 CLAIMS FOR DEFECTS BY THE CUSTOMER
  1. The statutory provisions apply to the customer's rights in the event of material and legal defects, unless otherwise specified below.
  2. We are generally not liable for defects that the customer knows about at the time the contract is concluded or that he does not know about due to gross negligence. Furthermore, the customer's claims for defects require that he has complied with his statutory inspection and reporting obligations (§§ 377, 381 HGB). If the customer fails to properly inspect and/or report defects, our liability for defects that are not reported or not reported in a timely manner or not properly is excluded in accordance with statutory provisions.
§ 7 LIABILITY
  1. Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty on our part, our legal representatives or our vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
  2. In the event of a breach of essential contractual obligations, we are only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or the Health.
  3. The restrictions in paragraphs 1 and 2 also apply in favor of our legal representatives and vicarious agents of the provider if claims are asserted directly against them.
  4. The liability limitations resulting from paragraphs 1 and 2 do not apply if we have fraudulently concealed the defect or provided a guarantee.
§ 8 CHOICE OF LAW AND JURISDICTION
  1. The law of the Federal Republic of Germany applies to these general terms and conditions and the contractual relationship between us and the customer, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
  2. If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Munich. The same applies if the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). However, in all cases we are also entitled to bring legal action at the customer's general place of jurisdiction. Priority legal regulations, in particular regarding exclusive responsibilities, remain unaffected.