Marketing Mittelrhein Strategieberatungs GmbH
General Terms and Conditions
(March 2024)
§1 Field of application
(1) The following General Terms and Conditions (hereinafter abbreviated as GTC) shall apply to all contracts concluded between Marketing Mittelrhein Strategieberatungs GmbH and the client.
(2) Changes and amendments to these GTC shall only apply if they have been made in writing and confirmed by Marketing Mittelrhein Strategieberatungs_GmbH.
(3) The client is informed in the context of these GTC that Marketing Mittelrhein Strategieberatungs GmbH is voluntarily committed to the German Communications Code in its work. Marketing Mittelrhein Strategieberatungs GmbH cannot accept any orders that would violate this code.
cannot be accepted.
§2 Services and conclusion of contract
(1) The services of Marketing Mittelrhein Strategieberatungs GmbH relate to the areas of public relations, advertising and marketing. The basis of the business relationship is a previously agreed service contract in which the type and scope of the services and the remuneration are set out.
(2) All offers made by Marketing Mittelrhein Strategieberatungs GmbH are non-binding.
(3) The client shall confirm the offer of Marketing Mittelrhein Strategieberatungs GmbH in writing. The offer shall be deemed accepted once the service contract has been concluded by both parties.
(4) Changes to the contractually agreed services and adjustments to the scope shall only be made following written confirmation by both parties. A unilateral change by the client is not possible.
(5) Any additional work incurred after amendment or adjustment of the contract shall be remunerated as an additional service in accordance with the contractually agreed hourly rate.
(6) In the event of special requirements, Marketing Mittelrhein Strategieberatungs GmbH reserves the right to commission external service providers. The contractual relationship shall thereby continue to exist between the client and Marketing Mittelrhein Strategieberatungs GmbH, unless otherwise agreed.
§3 Salary
(1) Fees for an order shall be based on the contractually agreed monthly fee. Any other fee must be recorded in writing and confirmed by both parties.
(2) Calculations prior to the conclusion of the contract are not binding. The client shall be notified if the preliminary calculations are exceeded by more than 20 percent.
(3) On-site meetings shall be invoiced at the contractually agreed hourly rate. Journeys of more than 30 kilometers from Marketing Mittelrhein’s registered office shall be charged at € 0.30 per kilometer driven.
(4) External costs for the involvement of subcontractors such as web designers, photographers, programmers, printers, graphic designers, event organizers or other companies shall be charged to the client at a handling fee of 10%, unless the client bears the costs directly.
§4 Payments, due date and termination
(1) All invoice amounts due shall be subject to the value added tax applicable on the date of invoicing.
(2) Marketing Mittelrhein Strategieberatungs GmbH shall be entitled to payment of the agreed price after the provision of each individual service.
(3) Invoices must be paid within 10 working days.
(4) The client shall be in default even without a reminder if payment is not made within 10 working days. In this case, we are entitled to demand interest on arrears at the statutory interest rate.
(5) Unauthorized deductions from the invoice amount shall be demanded without regard to their amount.
(6) The period of notice agreed in the service contract shall apply as the period of notice. The date of termination shall be the date of receipt by the Contractor.
(7) If no notice of termination is defined in the service contract or otherwise, a notice period of 3 months shall apply, in each case to the last working day of a month.
§5 Delivery time
(1) Delivery times agreed in writing or verbally are non-binding. These can only be considered binding if this has been agreed in writing by both parties.
(2) Failure to meet a deadline shall only entitle the client to assert its rights if it has set Marketing Mittelrhein Strategieberatungs GmbH a reasonable grace period.
§6 Obligation to cooperate
(1) Marketing Mittelrhein Strategieberatungs GmbH and the client undertake to work together in a cooperative and goal-oriented manner.
(2) Should documents or further information be required to enable Marketing Mittelrhein Strategieberatungs GmbH to provide its services in full, the client shall be informed of this in writing in good time. The client undertakes to provide all data required for the fulfillment of the agreed services
services to the contractor without delay. Marketing Mittelrhein Strategieberatungs GmbH undertakes to use all data only for the contractually agreed use and not to archive it after completion of the work.
§7 Confidentiality and loyalty
(1) Marketing Mittelrhein Strategieberatungs GmbH undertakes to maintain confidentiality about all operational, business and private matters of the client that become known in the course of the cooperation. This obligation shall apply to the same extent to all subcontractors commissioned by us. The duty of confidentiality shall also apply after fulfillment of the contract and can only be revoked in writing by the client. All documents created in the course of the collaboration shall be stored by us and protected against access by third parties. The duty of care and confidentiality shall also apply if no contract has been
contract has been concluded.
(2) Marketing Mittelrhein Strategieberatungs GmbH undertakes to conduct its work in accordance with the client’s
objective advice geared to the client’s objectives.
§8 Copyright
(1) After fulfillment of all contractually agreed services and after contractual payment, the client shall acquire all transferable rights to the corresponding use and utilization of the work and works created under this contract. Marketing Mittelrhein Strategieberatungs GmbH shall inform the client of all rights of third parties
Mittelrhein Strategieberatungs GmbH shall inform the client in good time.
(2) Repetitions and renewed use of the work and works created under this contract by the client shall require separate written approval. This shall not be affected by minor changes to the works concerned.
(3) The Consultant’s moral rights to any copyrightable work shall remain unaffected.
§9 Liability
(1) Marketing Mittelrhein shall submit all services such as texts, images, videos or other materials to the client for approval. The client is obliged to check the factual correctness. After approval, the client shall assume liability for the accuracy of all information.
(2) In the event of gross negligence or intent, Marketing Mittelrhein Strategieberatungs GmbH shall be liable in accordance with the statutory provisions. Liability for guarantees shall be independent of fault. Marketing Mittelrhein Strategieberatungs GmbH shall only be liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is based on injury to life, limb or health. Marketing Mittelrhein Strategieberatungs GmbH shall not be liable for the fault of vicarious agents and representatives.
Marketing Mittelrhein Strategieberatungs GmbH shall not be liable.
(3) The provision of the preceding paragraph shall extend to compensation for damages in addition to
damages in addition to performance, damages in lieu of performance and claims for
futile expenditure, irrespective of the legal grounds, including liability for defects
liability for defects, delay or impossibility.
(4) The review of the legal basis, in particular in the area of copyright, competition, trademark
competition, brand protection, trademark and patent law is not the task of
Marketing Mittelrhein Strategieberatungs GmbH. The same applies to liability for
errors resulting from the client’s documents.
§10 Notice of defects
(1) Complaints about the quality or quantity of a service provided, insofar as these are not
are not so-called obvious defects, must be notified to us in writing immediately, at the latest
in writing within one week of receipt of the goods.
(2) In the case of hidden defects, notification must be made immediately after discovery of the defect, but no later than one year after performance of the service. The statutory limitation periods shall remain unaffected. The burden of proof that the defect is hidden shall be borne by the client.
(3) In the event of a justified complaint, a remedy or replacement delivery shall be made at the
choice of the client. If we are not in a position to rectify or replace the goods
to rectify the defect or make a subsequent delivery, or if we are entitled to refuse to rectify or
subsequent delivery or if there is a delay in the rectification or subsequent
delivery beyond a reasonable period for which we are responsible,
or if the subsequent delivery or subsequent improvement fails twice, the customer shall be
the customer is entitled, at his discretion, to withdraw from the contract or to demand a
demand a corresponding reduction in the purchase price.
(4) Insofar as the statutory provisions on the sale of consumer goods (§§ 474 ff. BGB)
in particular with regard to recourse liability (§§ 478 ff. BGB) do not apply in the absence of
statutory requirements are not applicable, a one-year warranty period shall apply.
warranty period shall apply.
(5) The statutory consequences of a breach of the commercial obligation to inspect and
obligation to inspect and give notice of defects (pursuant to § 377 HGB) shall remain unaffected by this.
(6) Claims for damages on the part of the client, regardless of the legal grounds,
in particular for breach of duties arising from the contractual obligation and from
tort are excluded, unless mandatory liability under the Product Liability Act
liability under the Product Liability Act, in cases of liability for intentional or grossly negligent
grossly negligent behavior, due to injury to life, limb or health, or
health, or due to the violation of essential contractual obligations.
(7) The claim for damages for the breach of essential contractual obligations is
foreseeable damage typical for this type of contract, unless a limitation is
not limited for any other reason due to intentional or grossly negligent
negligent action or due to injury to life, limb or health.
health is excluded.
(8) Returns that are not based on a right of withdrawal of the client within the scope of his
warranty rights, shall only be accepted with our prior consent.
accepted by us. If this is not the case, we can refuse acceptance.
(9) We do not grant any warranty beyond the statutory warranty.
§11 Miscellaneous
(1) This contract and all legal relationships between the parties are subject to the law of the
law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) All agreements made between the parties for the purpose of the execution of this contract
are set out in writing in this contract.
(3) Should any provision of these General Terms and Conditions be or become invalid
or become invalid, this shall not affect the validity of the remaining provisions. In place of
the ineffective provision, the statutory provisions pursuant to §306
para. 2 BGB.