Terms and Conditions
I. DEFINITIONS, SCOPE OF APPLICATION
These Terms and Conditions apply to camgula GmbH. The terms "Order," "Agency," and "Client" are to be understood in the commercial sense. "Order" refers to the contractual relationship regardless of the contract type; "Agency" refers to the party owing the main service; "Client" refers to the party receiving the main service and paying the fee.
Deviating terms and conditions of the Client are only valid if the Agency has accepted them in writing.
II. DEADLINES, DELIVERY TIMES
Deadlines and delivery times are generally non-binding reference guidelines. This does not apply if deadlines are expressly agreed in writing as fixed.
The Agency is not liable for delivery delays caused by the Client failing to fulfill required cooperation obligations.
If the Client is in default of acceptance or negligently violates other cooperation obligations, the Agency is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims are reserved.
III. SCOPE OF SERVICES, FEES
The scope of individual services and the agreed fee result from the Agency's service description. If no fee is specified for a service, the Agency's price lists valid at the time of commissioning apply. Additional work by the Agency, in particular due to changes and additions requested by the Client, is billed as additional expenses according to the agreed hourly rates or, alternatively, according to the Agency's price lists valid at the time of commissioning.
The Client bears the damage resulting from work having to be partially or completely repeated or delayed by the Agency due to incorrect, subsequently corrected, or incomplete information provided by the Client, insofar as the Client is responsible for the damage.
The Agency may have the services it owes performed by third parties as subcontractors. The Client may only reject such a third party if there is an important reason in the person of the third party.
If the Client cancels an order that has been approved or commissioned with the Agency, 50% of the order sum is due. In the case of an agreement regarding a time contingent, 100% of the order sum is due.
The Agency is only obligated to verify the legal permissibility of advertising (in particular competition, trademark, food, and pharmaceutical law) if this is expressly the subject of the order. If the Client commissions the Agency with these services, the Client bears the fees and costs incurred by the Agency and third parties (lawyers, authorities, etc.) at market-standard rates, unless otherwise agreed.
The Agency is not obligated to verify the accuracy of factual statements about products and services contained in the advertising that have been submitted or approved by the Client.
The Agency's services are performed in accordance with the contract even if they are not registrable or protectable (e.g., patents, trademarks, copyrights), unless expressly agreed otherwise. The Agency is not obligated but is entitled to make its services the subject of intellectual property applications.
IV. PAYMENT TERMS
Invoices are due for payment without deduction within 14 days of invoice date. After expiration of this deadline, interest on arrears of 8 percentage points above the base rate begins to accrue.
The Agency reserves the right to suspend further services if payment terms are not met.
V. LIABILITY
The Agency's liability for damages is limited to the direct loss that is typically foreseeable in connection with the type of service in question. The Agency is not liable for lost profits, lost business opportunities, or other indirect or consequential damages.
These limitations do not apply to liability for personal injury, property damage to real property or movable items, or for damages resulting from the Agency's gross negligence or intentional misconduct.
VI. GENERAL PROVISIONS
All notices and communications must be made in writing. These Terms and Conditions are governed by the laws of the Federal Republic of Germany. The venue for all disputes is Mannheim.