Conditions

Here you can find our general terms and conditions

I Scope of application

1.1 The following general terms and conditions apply to all legal transactions of the “Peter Hoffmeister” advertising agency (Art-I-Solution) according to this contract with their contract partners, hereinafter referred to as “customer”. 1.2 Changes of these terms and conditions will be announced to the customer in writing. They are regarded as approved, if the customer does not raise objection in writing. The customer must send the objection within 2 weeks after announcement of the changes to the advertising agency “Peter Hoffmeister” (Art-I-Solution).

II Forwarded orders

2.1 If an order is executed in the form that the advertising agency “Peter Hoffmeister” (Art-I-Solution) entrusts a third party with the further execution, the advertising agency “Peter Hoffmeister” (Art-I-Solution) fulfills the order by forwarding it in its own name to the third party. 2.2 The offers of the advertising agency “Peter Hoffmeister” (Art-I-Solution) are free and non-binding. Valid are the prices specified in the individual offer; all other prices are specified in the current price list.

III Conclusion of the contract

3.1 A contract with the advertising agency “Peter Hoffmeister” (Art-I-Solution) comes off by the transmission of the signed customer order by fax, E-Mail or by forwarding of the confirmation of order by the advertising agency “Peter Hoffmeister” (Art-I-Solution). 3.2 The object of the contract is the following: By the signed confirmation of order the customer assigns the advertising agency “Peter Hoffmeister” (Art-I-Solution) with the treatment of the achievements desired by him to the offered conditions. This contract is binding. In particular is agreed: 1. that the customer – unless otherwise requested – provides text/pictorial material.

IV Data

The customer exempts the advertising agency “Peter Hoffmeister” (Art-I-Solution) from all claims of third parties regarding the provided data. In the case of a data loss, the advertising agency “Peter Hoffmeister” (Art-I-Solution) can not be held liable, unless he acts intentionally or grossly negligent. The customer commits himself to transmit all necessary data again free of charge to the advertising agency “Peter Hoffmeister” (Art-I-Solution), if he is not at fault or represented.

V Data protection

The contractual partner agrees that within the framework of the contract concluded with him, data concerning his person may be stored, changed and/or deleted and transmitted to third parties as necessary. This applies in particular to the transmission of data necessary for the registration and or change of a domain (Internet address).

VI Prices and Payments

The invoice is issued after completion of the order, according to the valid price list of the advertising agency “Peter Hoffmeister” (Art-I-Solution) or the price individually agreed with the customer. All invoices are payable immediately and without deduction. After receipt of the invoice amount at the advertising agency “Peter Hoffmeister” (Art-I-Solution) and existence of the data of the customer necessary for the achievements, the contractually agreed upon achievements are handed over by the advertising agency “Peter Hoffmeister” (Art-I-Solution). If the customer is in arrears with due payments, the advertising agency “Peter Hoffmeister” (Art-I-Solution) reserves the right not to carry out further services until the open amount has been settled and to pass on any resulting costs to the customer. The customer has to raise objections because of incorrectness or incompleteness of a statement of account at the latest within 2 weeks after its access; if he asserts his objections in writing, the dispatch within the 2-week period is sufficient. Failure to raise objections in due time shall be deemed approval.

VII Trademarks/Copyrights

The customer is obliged to assume all legal responsibility with regard to copyright protection, protection of minors, press law and the “right to one’s own image”. For publications commissioned by the customer, only texts and images are to be published or made available for publication for which a corresponding right of use exists and for which the necessary consent of the persons depicted may exist. The copyright on all work created by the advertising agency “Peter Hoffmeister” (Art-I-Solution) remains with the advertising agency “Peter Hoffmeister” (Art-I-Solution).

VIII Liability

8.1 The risk of the legal admissibility of the activity and creation of projects by the advertising agency “Peter Hoffmeister” (Art-I-Solution) is borne by the customer. The customer exempts the advertising agency “Peter Hoffmeister” (Art-I-Solution) from claims of third parties, if it has acted on the explicit request of the customer, although it has informed the customer of its concerns regarding the admissibility of the measures. 8.2 If the advertising agency “Peter Hoffmeister” (Art-I-Solution) considers a competition law examination by a particularly competent person or institution necessary for the measures to be carried out, the customer bears the costs after coordination. 8.3 Claims for damages against the advertising agency “Peter Hoffmeister” (Art-I-Solution) are excluded, unless they are based on intentional or grossly negligent behavior of the designers themselves or their assistants. The limitation period for the assertion of damages is three years and begins with the point in time at which the damage obligation triggering action has been committed. Should the statutory limitation periods in individual cases for the advertising agency “Peter Hoffmeister” (Art-I-Solution) lead to a shorter limitation period, these apply. 8.4 For all further claims for damages the legal regulations of the civil code apply. 8.5 According to the amount, the liability of the advertising agency “Peter Hoffmeister” (Art-I-Solution) is limited to the damages typical for comparable businesses of this kind, which were foreseeable at the conclusion of the contract or at the latest when committing the breach of duty. 8.6 The liability of the advertising agency “Peter Hoffmeister” (Art-I-Solution) for consequential harm caused by a defect on the legal basis of the positive breach of contract is excluded, if and as far as the liability of the same does not result from a breach of the duties essential for the fulfilment of the purpose of the contract.

VIIII Applicable Law and Jurisdiction

9.1 The business relationship between the customer and the advertising agency “Peter Hoffmeister” (Art-I-Solution) is subject to German law. 9.2 The jurisdiction agreement applies to domestic customers and foreign customers equally. 9.3 Place of performance and jurisdiction for all services and disputes is exclusively the headquarters of the advertising agency “Peter Hoffmeister” (Art-I-Solution).

X Other determinations

10.1 There are no subsidiary agreements to this contract. Amendments or supplements must be made in writing in order to be legally effective.

XI Severability clause

Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions.
Art-I-Solution | Advertising Agency “Peter Hoffmeister” | Heidelberg 01.01.2016

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