Unless otherwise expressly agreed, the General Terms and Conditions of Designery Health GmbH are based on this and all future contracts between Designery Health GmbH and its contractual partner, even if this should no longer be expressly agreed in individual cases. Own conditions of the advertiser become only part of the contract, if this was expressly agreed.
§ 1 Offers and payment terms
§ 1.1 The offers are non-binding and without obligation, at the latest valid for 8 weeks after the date of delivery.
§ 1.2 The fees are net amounts, payable plus VAT, plus any packaging, postage, freight, insurance and other shipping costs, and without deduction within 10 days of invoicing, unless otherwise agreed. Bills of exchange are only accepted after agreement. A client who is a registered trader within the meaning of the German Commercial Code (HGB) is not entitled to any rights of retention.
§ 1.3 Subsequent changes at the instigation of the client, including the resulting additional costs, will be charged to the client.
§ 1.4 If the fulfillment of the payment claim is jeopardized due to a deterioration in the financial circumstances of the client occurring after the conclusion of the contract, Designery Health GmbH may demand advance payment, withhold goods not yet delivered and cease further work. These rights are also entitled to Designery Health GmbH if the customer is in default of payment for deliveries or services.
§ 1.5 Late payment occurs, without the need for a special reminder / reminder from Designery Health GmbH, after 30 days. In the event of late payment default interest in the amount of 2% shall be payable over the respective discount rate of the German Federal Bank. The assertion of further damage caused by default is not excluded.
§ 1.6 When providing and / or maintaining domains, Designery Health GmbH only acts as an intermediary in the relationship between the customer and the respective organization for domain assignment. Designery Health GmbH has no influence on the domain assignment and does not warrant that the domains requested for the customer will be assigned at all and / or allocated domains are free of third party rights or permanent.
§ 1.7 As long as the customer does not provide content for a domain, Designery Health GmbH is entitled to display its own content such as advertising for Designery Health GmbH or third parties.
§ 2 delivery
§ 2.1 If Designery Health GmbH has undertaken to ship, it will do so for the customer with due diligence, but is only liable for intent and gross negligence. The risk passes to the client as soon as the shipment has been handed over to the person carrying out the transport.
§ 2.2 Delivery dates are only valid if expressly confirmed by Designery Health GmbH. If the contract is concluded in writing, the confirmation of the delivery date also requires the written form.
§ 3 Copyright and rights of use
§ 3.1 The works / works of the Designery Health GmbH (texts, ideas, concepts, strategies, logos, layouts, final drawings, drawings, tables, maps, photos, productions as well as event ideas – hereinafter referred to as works) are protected as personal intellectual creations by the copyright law whose regulation is deemed to be agreed even if the required amount of creation according to copyright law is not reached.
§ 3.2 The copyright of a work remains with the one who created it. Only the rights of use can be transferred. Designery Health GmbH transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use is transferred. In any case, even if the exclusive right of use has been granted, Designery Health GmbH reserves the right to use the work results and the customer name free of charge as part of its self-promotion, even after the end of the contract, in all media including the internet and within the framework of competitions and presentations. The transfer of rights to the client is not the object of this agency’s rejected or canceled services (concepts, ideas, drafts etc.). These rights of use remain with the agency, as well as the existing property rights. Photos without identifiable faces may be sold by Designery Health GmbH to third parties.
§ 3.3 A transfer of the rights of use to third parties requires the written agreement between Designery Health GmbH and the client. The rights of use are transferred to the client only after full payment of the remuneration.
§ 3.4 Works developed by Designery Health GmbH are always created only for a legally independent person. Use via affiliated and affiliated companies requires a separate contractual regulation.
§ 4 Warranty
§ 4.1 The client must check the work and services provided by the agency immediately after receipt, in any case before use, and to notify defects immediately after discovery. If the immediate inspection or notification of defects is omitted, there are no warranty claims of the client regarding obvious defects, known defects or consequential defects.
§ 4.2 If there is a defect that the agency is responsible for, it may, at its option, remedy the defect (remedy) or supply a replacement. In the case of rectification, she has the right to two rework within a reasonable time. Otherwise, the statutory provisions of the contract work contract law in the Civil Code apply.
§ 4.3 The warranty obligation of the agency expires with the expiry of one year after receipt of the delivery / service of the agency by the client.
§ 5 Processing of orders
§ 5.1 The scope of the services results from the product / service description made at the time the order was placed. Additional and / or subsequent changes to the product / service description must be made in writing.
§ 5.2 Meeting minutes, which the agency manufactures and transmits to the client, are regarded as commercial confirmation letters from the contractual partners. If the client does not object in writing within three working days, the agreements, instructions, order assignments and other declarations with legal character contained therein shall become binding.
§ 5.3 Templates, files and other work equipment, such as negatives, models, original illustrations, etc., which the agency prepares or has created in order to provide the services owed under the contract, remain the property of the agency. A surrender obligation does not exist. When creating software, this also applies to the source code and the corresponding documentation.
§ 6 commissioning of third parties
§ 6.1 The agency is entitled to carry out the work entrusted to it itself or to appoint vicarious agents / subcontractors in its own name.
§ 7 products
§ 7.1 Photo Shoot: Includes a photo shoot at a location for up to 4 hours. The shoot includes the ride, the simple usage rights as stated in § 3 and the integration of the photos into the designs. If the photo shoot lasts longer than 4 hours, every hour you start will be charged € 195.00 plus VAT.
§ 7.2 Cancellation of a photo shoot: If the client cancels the agreed photo appointment within two weeks before the appointment, then 200 € plus VAT will be payable to the client as cancellation fee. If the cancellation within 24 hours before the photo session 400 € plus VAT to be paid. Legal rights of withdrawal remain unaffected by this regulation.
§ 7.3 Social Media Manager: The contractor provides the client with contributions for acceptance. These must be released within 5 working days unless explicitly agreed otherwise. Otherwise, the contribution is considered released.
§ 7.4 Leasing: On request, services can also be handled by the Leasing Bank archimedes. For this, the corresponding contract must be completed. During the lease period, the property of the website is archimedes. After the end of the minimum term of 36 months, the website can be purchased for the price of a monthly installment by the client. The ownership rights of the website and the associated software (databases / files) are transferred to the customer in the case of a purchase / takeover after the leasing of the website by the customer or in the case of a bankruptcy of Designery Health GmbH.
§ 7.5 The photoshoot or the date on which the images for the website are available defines the project plan. 3 weeks after this date, the client receives the first draft of the website. At this time, billing will take place, even if the design could not be completed by the client due to lack of information (e.g., images, textual feedback). On the 1st of the following month, the agreed monthly hosting and support fee will be due, regardless of whether the website was finally online.
§ 7.6 Monthly services are charged at the beginning of the month. For this we offer a SEPA direct debit procedure. The minimum term depends on the service offered. The contract is extended by the agreed minimum term. The notice period is 4 weeks before the end of the contract.
§ 7.7 Correction loops: After the client has received the first draft, up to 3 correction loops are possible free of charge upon request. If the client has further requests for change, each additional correction round with an additional cost of 95, – € / hour. calculated, but at least € 47.50. This applies to all designs regardless of their style.
§ 8. Liability and content
§ 8.1 The Designery Health GmbH is liable only for damage that they or their vicarious agents cause intentionally or through gross negligence. This also applies to damages resulting from a positive breach of contract or an unauthorized act. Defective claims for defects and consequential damages are excluded. Claims for damages are limited to the amount of the order value.
§ 8.2 The Designery Health GmbH is not liable for the competition and trademark legal admissibility and registration of their designs and other design work.
§ 8.3 The text drafts for the website are only suggestions, which are not legally examined. A liability of Designery Health GmbH is therefore excluded.
§ 8.4 For the imprint provided by us and the privacy policy, no individual examination takes place, in particular on professional law, data protection law or competition law. The text drafts for the website are only suggestions that have not been legally checked. A liability of Designery Health GmbH is therefore excluded.
§ 8.5 The client assures that he is entitled to use all submitted templates to the Designery Health GmbH and that these templates are free of third party rights. Should he not be entitled to use contrary to this insurance or should the templates not be free from third-party rights, the client indemnifies Designery Health GmbH in the internal relationship from all compensation claims of third parties.
§ 8.6 Complaints and complaints of any kind must be made in writing to Designery Health GmbH within two weeks after delivery. Thereafter, the work is considered contractually and free of defects accepted. Products sent for correction must always be checked.
§ 8.7 Designery Health GmbH is liable for deviations in the quality of the material used only up to the amount of its own claims against the respective supplier. In such a case, Designery Health GmbH is released from its liability if it assigns its claims against the supplier to the client.
§ 9 Privacy / Data Protection
§ 9.1 The client confirms that personal data transmitted by him or on his initiative by third parties to the agency in accordance with the relevant provisions of data protection, in particular the Federal Data Protection Act, were collected and processed, that any necessary consent of data subjects exist and that the use of data the Agency does not breach any of these provisions or exceeds the scope of granted consents under the mandate given.
§ 9.2 The client agrees that personal data (inventory data) and other information such as time, number and duration of connections, access passwords, uploads and downloads of the Agency during the term of the contract / order are stored, as far as the fulfillment of the Contract is required or helpful.
§ 9.3 The client may demand the cancellation of the personal data stored by us on termination of all contracts, unless the processing for exercising the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or Defense of legal claims is required.
$ 9.4 The Client will back up data and programs prior to handover to the Agency to facilitate recovery in the event of data loss.
§ 10 Final Provisions
§ 10.1 The legal relationship between the client and the Designery Health GmbH is subject exclusively to the law of the Federal Republic of Germany. Jurisdiction is the location of the agency.
§ 10.2 If one of the above terms and conditions is ineffective, this does not affect the validity of the remaining terms and conditions. The ineffective condition is to be replaced by a valid one, which is close to the content of the ineffective one.
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