Our GTCs

§1 Scope of the Terms and Conditions

§1.1

All offers, services and deliveries of VIERLESS GmbH to the Client are based exclusively on these Terms and Conditions.

§1.2

They shall also apply without express reference to future business relations between the Client and the Contractor.

§1.3

Deviations are only valid if they have been approved in writing by VIERLESS GmbH.

§2 Secrecy

VIERLESS GmbH is obliged to maintain confidentiality with regard to all information provided to it by the Client.

§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 infringes the copyrights of VIERLESS GmbH, it shall forfeit to VIERLESS GmbH a contractual penalty in the amount of three times the remuneration agreed for this order.

§4 Property rights

The ownership rights to services rendered, sketches and drafts shall not be transferred to the client of VIERLESS GmbH. Instead, the latter shall only receive the rights of use.

§5 Rights of use

§5.1

The client shall receive the rights of use after the service has been rendered and the agreed remuneration has been paid in full.

§5.2

Passing on the rights of use to third parties is generally not permitted. Unless the client has been given express permission to do so.

§6 Mention claim

VIERLESS GmbH is permitted to identify itself as the author on created projects without the express permission of the client. This is generally intended for print and web media.

§7 Termination or customer withdrawal

§7.1

Contracts for a limited period of time can be terminated without giving reasons up to 14 days before the expiry of the contract. The termination must be in writing. Verbal termination is invalid.

§7.2

If the contract is not terminated, it is automatically extended by the previously agreed term.

§8 Offers

Quotations issued by VIERLESS GmbH are valid for 14 days from the date of quotation. After this period, the claim to the prices contained therein expires.

§9 Advance claim

In the case of projects which require expenses to be incurred in advance, VIERLESS GmbH shall be permitted to demand appropriate advance remuneration from the Client. The amount of this advance payment shall be calculated on the basis of the individual costs incurred for the respective project.

§10 Performance documentation

VIERLESS GmbH shall retain the project documents free of charge for three months after termination of the order or expiry of a temporary contract. After this period, VIERLESS GmbH shall be entitled to destroy relevant documents without notifying the Client.

§11 Data protection

§11.1

Data related to the execution of a project for the client shall be stored for this purpose.

§11.2

Reference is made to the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (DSGVO).

§11.3

Some of the services of Google Inc. are used to store project files. Thus, the General Terms and Conditions and the Privacy Policy of Google Inc. apply in addition to these General Terms and Conditions. These can be viewed at https://policies.google.com/privacy?hl=de.

§11.4

For some services, VIERLESS GmbH provides its customers with a Contract for order processing (AV) available.

§12 Liability

§12.1

VIERLESS GmbH is not responsible for content provided by the Client.

§12.2

If VIERLESS GmbH is dependent on third parties recommended by the Client for the performance of contracts, no liability shall be assumed for them.

§12.3

If the client has given his consent to the project materials concerned, he shall assume full responsibility.

§13 Formation of contracts

§13.1

The contract between VIERLESS GmbH and the Client may be concluded in writing or by telephone (video chat, telephone, etc.).

§13.2

By telephone, contracts between VIERLESS GmbH and the Client are concluded by concurrent declarations of intent.

§13.3

If no follow-up support package has been agreed, the project has been completed and further technical change requests nevertheless arise, VIERLESS GmbH will charge an hourly rate of €250.00 net for further expenses.

§14 Final provisions

§14.1

These Terms and Conditions and all legal relationships between VIERLESS and the Client shall be governed by the law of the Federal Republic of Germany. The place of jurisdiction for disputes between the Client and the Contractor is, as far as possible, Düsseldorf.

§14.2

Should any provision of these General Terms and Conditions be invalid, the remaining provisions shall remain valid.