Terms & conditions
§1 Scope of the conditions
§1.1
All offers, services and deliveries from VIERLESS GmbH to the client are based exclusively on these terms and conditions.
§1.2
They apply even without express notice to future business relationships between client and contractor.
§1.3
Deviations are only valid if they have been approved in writing by VIERLESS GmbH.
§2 Confidentiality
VIERLESS GmbH is obliged to maintain confidentiality of all information provided by the customer to it.
§3 Copyright
§3.1
All services, sketches and drafts provided by VIERLESS GmbH are subject to the German Copyright Act (UrhG).
§3.2
If the client violates the copyrights of VIERLESS GmbH, he forfeits a contractual penalty against VIERLESS GmbH in the amount of three times the remuneration agreed for this order.
§4 Property rights
The ownership rights to services provided, sketches and drafts are not transferred to the customer of VIERLESS GmbH. Instead, he only receives the rights of use.
§5 Rights of use
§5.1
The client receives the rights of use after the service has been provided and full payment of the agreed remuneration.
§5.2
Transfer of usage rights to third parties is generally prohibited. Unless the client has been given express permission to do so.
§6 Mention claim
VIERLESS GmbH is allowed to identify itself as the author of projects created without the express permission of the customer. This is generally intended for print and web media.
§7 Cancellation or customer withdrawal
§7.1
Time-limited contracts can be terminated up to 14 days before the contract expires without giving reasons. The termination must be made in writing. An oral termination is ineffective.
§7.2
If the contract is not terminated, it is automatically extended for the previously agreed term.
§8 Offers
Offers issued by VIERLESS GmbH are valid for 14 days from the date the offer was made. After that, the claim to the prices included therein expires.
§9 Advance claim
For projects that require expenditure in advance, VIERLESS GmbH is permitted to demand an appropriate advance payment from the client. The amount of this advance payment is calculated from the individual costs incurred in the respective project.
§10 Performance documentation
VIERLESS GmbH will keep the project documents free of charge for three months after completion of the order or expiry of a temporary contract. After this period, VIERLESS GmbH is authorized to destroy relevant documents without notifying the client.
§11 Data protection
§11.1
Data related to the execution of a project for the client is stored for this purpose.
§11.2
Reference is made to the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR).
§11.3
Some services from Google Inc. are used to store project files. The terms and conditions and the privacy policy of Google Inc. therefore apply to these general terms and conditions. These can be found under https://policies.google.com/privacy?hl=de be viewed.
§11.4
VIERLESS GmbH provides its customers with a number of services Order processing contract (AV) available.
§12 Liability
§12.1
VIERLESS GmbH is not responsible for content provided by the client.
§12.2
If VIERLESS GmbH relies on third parties recommended by the client to fulfill contracts, liability is not assumed for them.
§12.3
If the client has given approval for the affected project materials, he assumes full responsibility.
§13 Conclusion of contracts
§13.1
The contract between VIERLESS GmbH and the client can be concluded in writing or by telephone (video chat, telephone, etc.).
§13.2
Contracts between VIERLESS GmbH and the customer are concluded by telephone through consistent declarations of intent.
§13.3
Unless an aftercare package has been agreed upon, the project has been completed and further requests for technical changes are still being requested, VIERLESS GmbH will charge a net hourly rate of €140.00 for further expenses.
§14 Final provisions
§14.1
The laws of the Federal Republic of Germany apply to these terms and conditions and all legal relationships between VIERLESS and the client. As far as possible, the place of jurisdiction for disputes between client and contractor is Düsseldorf.
§14.2
Should any provision of these general terms and conditions be ineffective, the remaining provisions shall remain effective.