General Terms and Conditions

1. Scope of Application

These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Demodern GmbH, Pilgrimstraße 6, 50674 Cologne (hereinafter "Agency") and the client (hereinafter "Client") for the provision of creative, development and consulting services.

Deviating or conflicting conditions of the Client shall only become part of the contract if the Agency has expressly agreed to their validity in writing.

2. Subject Matter of the Contract

The Agency provides services in the field of digital communication, in particular conception, design, development and consulting. The specific scope of services results from the respective order confirmation or the individually agreed contract.

3. Conclusion of Contract

Offers from the Agency are non-binding. A contract is only concluded upon written order confirmation by the Agency or upon commencement of service provision.

4. Client's Obligation to Cooperate

The Client is obligated to provide the Agency with all information and materials required for the execution of the order in a timely and complete manner. Delays attributable to a lack of cooperation on the part of the Client shall not be the responsibility of the Agency.

5. Service Provision and Deadlines

The Agency provides its services to the best of its knowledge and belief. Dates and deadlines are only binding if they have been expressly agreed in writing as such. In cases of force majeure or unforeseen circumstances, deadlines shall be extended accordingly.

6. Acceptance

The Client is obligated to review and accept the Agency's services within 14 days of delivery. If no feedback is received within this period, the service shall be deemed accepted. Complaints must be submitted in writing with a precise description of the defect.

7. Remuneration and Payment Terms

Remuneration is based on the Agency's offer or order confirmation. Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction. In the event of late payment, the Agency is entitled to charge default interest at the statutory rate.

8. Rights of Use

The Agency transfers the respectively agreed rights of use to the work results to the Client. Unless otherwise agreed, the rights are only transferred upon full payment of the remuneration. The Agency is entitled to use the work results in anonymized form for reference purposes.

9. Warranty

The Agency warrants that the services provided correspond to the agreed scope of services. Claims for defects become time-barred within one year of acceptance of the service. In the case of justified defects, the Agency has the right to rectification within a reasonable period.

10. Liability

The Agency is liable without limitation for damages resulting from injury to life, body or health as well as for damages based on intent or gross negligence. Otherwise, the Agency's liability is limited to the typical, foreseeable damage, but not exceeding the agreed remuneration.

11. Confidentiality

Both parties undertake to keep confidential all confidential information received in the course of the cooperation and not to disclose it to third parties. This obligation shall continue after termination of the contractual relationship.

12. Data Protection

The Agency processes personal data of the Client exclusively in accordance with applicable data protection regulations. Further details are set out in our Privacy Policy.

13. Final Provisions

The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Cologne, insofar as the Client is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

As of: January 2025