H&R Vertriebskonzepte GbR, Dippoldiswalder Str.38a, 01744 Dippoldiswalde

1. Scope, Definitions

(1) The following general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions between H&R Vertriebskonzepte GbR, Dippoldiswalder Str.38a, 01744 Dippoldiswalde (hereinafter referred to as "H&R Vertriebskonzepte GbR") and its contractual partners or clients (hereinafter referred to as "client"). In the commercial sense the terms "order", "contractor" and "client" are to be understood. "Order" means the contractual relationship without regard to the respective type of contract, thus regardless of whether it is a purchase, service or other contract.

(2) The customer confirms before using the services of H&R Vertriebskonzepte GbR to be an entrepreneur in the sense of § 14 BGB (German Civil Code) and to use the services exclusively because of the development or expansion of the (secondary) commercial activity or to enter into contracts with H&R Vertriebskonzepte GbR in this respect.

(3) All agreements between the customer and H&R Vertriebskonzepte GbR for the execution of services have to be agreed in written form. Changes, additions and side agreements must be in written form to be effective. These business relations are also valid for all future business relations with the customer, even if they are not expressly agreed again.

(4) The version of our general terms and conditions valid at the time of the use of the services of H&R Vertriebskonzepte GbR is decisive.

(5) Service descriptions, price lists, tariffs, technical specifications, legal and other special notices, if agreed in writing, are part of the contract and have priority over these GTC.

(6) Deviating, conflicting or supplementary general terms and conditions of the customer are only valid insofar as H&R Vertriebskonzepte GbR has expressly agreed to them in writing.

(1) The subject of the GTC are contracts of a full-service advertising agency. This includes the conception of logos, design creation, slogans, brands, advertising campaigns, websites and other advertising-related products. The concrete subject matter of the contract results from the individual contractual agreements. The respective service description results directly from our offers.

(2) The offers are non-binding and subject to change, valid for a maximum of 4 weeks after the date of submission.

(3) H&R Vertriebskonzepte GbR provides the Customer with services in the field of management consulting, online marketing and personal development. Unless expressly agreed otherwise in writing, we do not owe the provision of a work in this respect either. In particular, the success of certain advertising measures can only be predicted on the basis of empirical values. The customer is aware that we do not owe any success in this respect. If separate remuneration is agreed for the achievement of a specific success of an advertising measure, this shall accordingly be paid as a performance-related bonus. In principle, however, there is no entitlement to the achievement of a specific success.

(4) Additional expenses which were unforeseeable shall require mutual agreement and may lead to subsequent remuneration.

(1) The conclusion of the contract between H&R Vertriebskonzepte GbR and the Customer is binding if an order has been placed in writing (e.g. by e-mail or letter) or has been placed verbally by the Customer and confirmed in writing by H&R Vertriebskonzepte GbR. The written release of a cost overview by the customer is sufficient for placing the order.

(2) If the provision of the agreed service is not possible, for example for technical reasons, we refrain from a declaration of acceptance and a contract is not concluded. We shall inform you of this without delay and, if applicable, immediately refund any consideration already received. Events of force majeure entitle H&R Vertriebskonzepte GbR to extend the project ordered by the customer by the duration of the obstructing event. A claim for damages from the customer against H&R Vertriebskonzepte GbR does not result from this. This also applies if important dates and/or events for the customer cannot be met and/or do not occur.

(1) The remuneration agreed in the contract, the offer or the order confirmation shall apply. All prices quoted by us are in principle net prices and are exclusive of the applicable statutory value added tax.

(2) Unless otherwise agreed, the Customer shall pay 50 percent of the invoice amount as partial payment after the order has been placed. The remaining 50 percent will be due upon acceptance of the completion on the part of H&R Vertriebskonzepte GbR, or two weeks after handover (as far as no reasons for non-acceptance were presented).

(3) H&R Vertriebskonzepte GbR is allowed to invoice the customer for partial payments for partial services already rendered. This only applies if the provision of the agreed services extends over a longer period of time. The rendered partial services do not have to be available in a usable form for the customer and can also be available as a pure working basis on the part of H&R Vertriebskonzepte GbR.

(4) Unless otherwise agreed in writing, other activities that H&R Vertriebskonzepte GbR performs for the customer are subject to a fee.

(5) Unless otherwise agreed, a reduction of the remuneration is not allowed. In particular, a cooperation or collaboration of the customer has no influence on the amount of the remuneration.

(6) Modifications of finished works of any form and kind represent additional services, which will be charged according to time spent and thus invoiced separately, unless otherwise agreed in writing. The amount of the hourly rate is based on the hourly rate of H&R Vertriebskonzepte GbR valid at the time of the service provision, unless otherwise agreed in writing.

(1) With the complete payment of the agreed remuneration, the Customer acquires the rights of use, but expressly not the ownership rights, to the work performed by H&R Vertriebskonzepte GbR within the scope of the order for the agreed duration. Unless otherwise agreed, only the simple right of use is transferred to the customer. H&R Vertriebskonzepte GbR remains in any case entitled to use its drafts, produced performances and reproductions from the order in the context of self-promotion. This also applies if the exclusive right of use has been granted. Uses and exploitations beyond that require a written agreement between the customer and H&R Vertriebskonzepte GbR. The customer does not receive a joint copyright, even if he was involved in the creation process through advice, ideas or suggestions. The rendered services within the scope of the order are protected as personal intellectual creations by the copyright law. This provision shall also be deemed to have been agreed if the level of creation required under the Copyright Act is not achieved in an individual case.

(2) H&R Vertriebskonzepte GbR is entitled to present the services rendered for the Customer and/or to refer to the business relationship on its own advertising media, in particular on its own Internet pages. In this context H&R Vertriebskonzepte GbR is entitled to use the name and/or company logo of the customer. H&R Vertriebskonzepte GbR reserves the right to be marked as the originator on all advertising material and advertising measures of the customer, as far as they fall under the copyright law. H&R Vertriebskonzepte GbR may sign the services developed and created by it appropriately and customary in the industry, publish the placed order for self-promotion and present itself in the imprint including linking to www.H&R Vertriebskonzepte GbR.de, provided that no information of the customer to be treated confidentially is disclosed thereby. By a separate agreement between the customer and H&R Vertriebskonzepte GbR the advertising use can be excluded.

(3) The transfer of granted rights of use to third parties and/or multiple uses require the consent of H&R Vertriebskonzepte GbR. By corresponding agreement between the customer and H&R Vertriebskonzepte GbR the transfer can be explicitly permitted by H&R Vertriebskonzepte GbR.

(4) The services created by H&R Vertriebskonzepte GbR within the scope of the order may not be changed by the customer or third persons in the original or reproduction. This applies to any imitation of the entire work or parts of the work.

(1) The Customer shall be obliged to cooperate to the best of its ability within the framework of the contractual relationship. He will provide the necessary data and documents within the scope of the order free of charge, unless otherwise agreed in writing. The Customer will provide H&R Vertriebskonzepte GbR with all texts and materials required for production in digital form upon request.

(2) The Customer is responsible for setting up and maintaining its IT infrastructure, such as for an online store, websites and accesses to advertising platforms (e.g. Facebook advertising account etc.) etc. itself.

(3) By the approval, release or acceptance of the customer of the rendered service of H&R Vertriebskonzepte GbR, the customer assumes the responsibility regarding the correctness of texts and images, with the consequence that a liability in this regard of H&R Vertriebskonzepte GbR is excluded. In particular, the customer checks any industrial property rights and other rights of third parties. H&R Vertriebskonzepte GbR is not liable for the legal, especially competition and trademark law admissibility of the intended use. H&R Vertriebskonzepte GbR is to be informed immediately if the customer has doubts about the admissibility of the advertising measure under competition law. The admissibility under competition law is to be checked by the customer.

(4) The CUSTOMER will only award contracts to other agencies or service providers in connection with the respective order after consultation and agreement with H&R Vertriebskonzepte GbR.

(5) The Customer shall ensure compliance with applicable laws, in particular competition law, criminal law, personal rights, data protection and telecommunications law.

(1) The contract is firmly concluded for the term agreed in the respective main contract. An order for one-time services is terminated upon completion of the agreed service by H&R Vertriebskonzepte GbR.

(2) Subject to other agreements between H&R Vertriebskonzepte GbR and the customer, the contract term is extended by the duration of 3 months in each case if one of the contracting parties has not terminated the contract at the latest 30 days before the expiration of the contract term. If a contract has been concluded for an indefinite period of time, it can be terminated by the contracting parties with a notice period of 3 months to the end of the month.

(3) Early / free termination rights of the customer within the contract period are excluded. However, the right to terminate without notice for good cause remains and is expressly not excluded by these provisions.

(4) Termination must be in writing.

(1) H&R Vertriebskonzepte GbR will perform the agreed services according to the contract with the necessary care.

(2) H&R Vertriebskonzepte GbR is entitled to use help and work services of third parties / service providers without the consent of the customer.

(3) It is agreed that we owe the provision of services and not the production of a work unless otherwise explicitly agreed in writing.

(4) If we are prevented from providing the agreed services and the reasons for the hindrance originate from the sphere of the Customer, the claim to remuneration on our part shall remain unaffected.

(5) The client has no claim to open layout or graphic files, unless otherwise agreed in writing. The client is expressly and only entitled to files within the scope of the order in the formats pdf., jpg. or png.

(1) H&R Vertriebskonzepte GbR is liable for defects of the delivered services and works in accordance with the statutory provisions.

(2) Due to the artistic freedom of design, complaints within the scope of the order regarding the artistic design remain excluded. If the Customer demands changes within or after production, the Customer must bear any additional costs incurred as a result.

(3) In the case of color productions in all manufacturing processes, minor deviations from the original cannot be objected to. This only applies insofar as the deviation is within the usual tolerance.

(4) H&R Vertriebskonzepte GbR or its vicarious agents are only liable for damages resulting from injury to life, body or health in case of intent and gross negligence in accordance with the legal provisions without limitation. H&R Vertriebskonzepte GbR is also liable for damages which are covered by the liability according to mandatory legal regulations, e.g. product liability law.

(5) H&R Vertriebskonzepte GbR is not liable for factual statements about products and services of the customer within the agreed advertising measures. Furthermore, H&R Vertriebskonzepte GbR is also not liable for the patent, copyright and trademark protection or registrability of the ideas, suggestions, proposals, concepts and drafts delivered within the scope of the order.

(6) As far as services of third parties are concerned (e.g. domain use), H&R Vertriebskonzepte GbR does not guarantee a permanent use. This is valid according to the valid rules of the organizations in their respective countries. H&R Vertriebskonzepte GbR does not assume liability for services of third party providers. For third party software the respective liability and license regulations of the manufacturers apply.

(7) The customer is responsible for the content of the advertising and communication material created by H&R Vertriebskonzepte GbR.

(1) Third party claims of copyright origin, in particular if these are administered by collecting societies, shall be borne by the Customer. If these fees were disbursed by H&R Vertriebskonzepte GbR, the Customer undertakes to reimburse them against proof.

(2) The client is informed that in case of placing an order in the artistic, conceptual and advertising consulting area to a non-legal person an artists' social security contribution has to be paid to the artists' social security fund. This levy may not be deducted from the agency invoice by the client. The client is responsible for compliance with the obligation to register and pay the levy.

(1) H&R Vertriebskonzepte GbR will carry out commissioned projects in the area of media planning to the best of its knowledge and belief on the basis of the media documents available to it and the generally accessible market research data. H&R Vertriebskonzepte GbR does not owe the customer a certain advertising success through these services.

(2) In case of extensive media services, H&R Vertriebskonzepte GbR is entitled, after consultation, to charge a certain share of the external costs to the customer and to make the booking with the corresponding media only after receipt of payment. H&R Vertriebskonzepte GbR is not liable for a possible non-observance of a switching date due to a delayed receipt of payment. A claim for damages by the customer against H&R Vertriebskonzepte GbR does not arise from this.

(1) The protection of personal data has top priority for H&R Vertriebskonzepte GbR. We therefore inform separately in our privacy policy about the collection, storage and processing of personal data and about the relevant rights of those affected. The client confirms to have taken note of our privacy policy before using our services and to be in agreement with it.

(2) The Customer revocably consents to being contacted by H&R Vertriebskonzepte GbR by means of remote communication (e.g. e-mail, SMS, telephone, messenger services). To object to being contacted by H&R Vertriebskonzepte GbR, the client must send an e-mail for this purpose to: "info@hr-Vertriebskonzepte.de". In the objection e-mail, all contact options must be named by which the client may no longer be contacted. Incompleteness in this regard is not at the expense of H&R Vertriebskonzepte GbR. The actual receipt of your e-mail by H&R Vertriebskonzepte GbR is decisive.

(3) The customer is explicitly prohibited to forward offers, order confirmations, invoices, etc. of H&R Vertriebskonzepte GbR to third parties in any form.

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The courts in Kiel are exclusively responsible for all disputes arising from the contractual relationship between H&R Vertriebskonzepte GbR and the customer. However, H&R Vertriebskonzepte GbR is entitled to raise claims against the customer also at the general place of jurisdiction of the customer.

(3) The contract language is German.

(4) Should a provision of these General Terms and Conditions be ineffective in whole or in part or lose its legal effectiveness at a later point in time, the validity of the remaining provisions shall not be affected. Instead of the invalid provision, another appropriate provision shall apply by way of adjustment of the contract which comes closest in economic terms to what the contracting parties would have wanted if they had been aware of the invalidity of the provision.