General Terms and Conditions

These General 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 irrespective of the respective type of contract, “agency” to the party that owes the main performance, and “client” to the party that is to receive the main performance and pay the remuneration.

Deviating terms and conditions of the client shall only be valid insofar as the agency has acknowledged them in writing.

Deadlines and delivery periods are generally non-binding guidelines. This does not apply if deadlines have been expressly agreed in writing as fixed.

The agency shall not be liable for delays in delivery that are due to the client failing to fulfil necessary obligations to cooperate.

If the client is in default of acceptance or culpably breaches other obligations to cooperate, the agency is entitled to demand compensation for the resulting damage, including any additional expenses. Further claims remain reserved.

The scope of the individual services and the remuneration owed are set out in the agency's service description. If no remuneration has been specified for a service, the agency's price lists valid at the time the order was placed shall apply. Additional work by the agency, in particular due to the client's requests for changes and additions, shall be charged as additional effort at the agreed hourly rates, or alternatively at the agency's price lists valid at the time the order was placed.

The client shall bear the damage arising from the fact that work has to be repeated by the agency in whole or in part, or is delayed, as a result of the client's incorrect, subsequently corrected or incomplete information, provided that the client is responsible for the damage.

The agency may also have the services incumbent upon it performed by third parties as subcontractors. The client may only reject such a third party if there is good cause in the person of that third party.

If the client terminates an order that it has approved or placed with the agency, 50% of the order total becomes due. In the case of an agreement on a time budget, 100% of the order total becomes due.

A review of the legal admissibility of the advertising (in particular under competition, trademark, food and pharmaceutical law) is only owed by the agency if it is expressly part of the order. If the client commissions the agency with these services, the client shall bear the resulting fees and costs of the agency and of third parties (lawyers, authorities, etc.) at customary market terms, unless otherwise agreed.

The agency is not obliged to verify the accuracy of factual statements about the client's products and services contained in the advertising that were specified or approved by the client.

The agency's services are also deemed to have been performed in accordance with the contract if they are not registrable or protectable (e.g. patents, trademarks, copyright protection), unless expressly agreed otherwise. The agency is not obliged, but is entitled, to make its services the subject of applications for industrial property rights.

For review and approval, the agency submits all drafts to the client before publication. By approving the work, the client assumes responsibility for the correctness of content, image, sound and text.

A monthly time budget must always be paid in full. This also applies if the service recipient/customer does not use up the time budget in full.

As part of production supervision, the agency selects suitable producers of advertising materials and places production orders after approval by the client in text form. Individual orders of up to a maximum of €2,000 do not require approval by the client.

Orders are placed with producers of advertising materials in the name and for the account of the client, unless expressly agreed otherwise in text form.

The agency coordinates the handling of the production and checks the producers' services and invoices.

For production supervision pursuant to sections IV.1 and 2, the agency receives an agency fee of 15% of the net value of the invoices of the producers of advertising materials. The agency fee is due in each case upon invoicing of the producers' services.

Insofar as the agency, by way of exception and on the basis of an express agreement with the client, places production orders in its own name and for its own account, all third-party costs incurred shall be passed on by the agency to the client. For production orders with an expected value of €5,000 or more, the agency is entitled to demand advance payments, due immediately, up to the gross order value.

In the event of intent and gross negligence, the agency is liable in accordance with the statutory provisions. However, liability for warranty claims for defects is limited to 12 months from delivery.

In the event of slight negligence, the agency and its vicarious agents and assistants are only liable if an essential contractual obligation (cardinal obligation) is breached or if there is a case of default or impossibility.

In the event of liability for slight negligence, this liability of the agency and its vicarious agents and assistants for breach of duty and in tort, as well as for claims for reimbursement of futile expenses, is limited to such damage as is foreseeable or typical.

The aforementioned limitations of liability and the shortened warranty obligation do not apply to the absence of warranted characteristics, to cases of fraudulent intent, to injury to life, body or health, to defects of title, or to liability under the German Product Liability Act (Produkthaftungsgesetz).

The client cannot claim damages as a consequence of the rescission in the case of unintentional errors and printing or transmission errors that entitle the agency to rescind.

If the agency owes a specific work result, i.e. an individualisable work (e.g. a draft), the client is obliged to accept it. Acceptance is deemed to have taken place if it is not declared or refused within seven days of delivery, provided that the work result essentially corresponds to what was agreed. If there are material deviations, the agency will remedy these deviations within a reasonable period and submit the work result for acceptance again. Acceptance is deemed to have taken place at the latest upon payment for or use of the work.

The agency invoices its services immediately after they have been performed.

Unless other terms of payment have been agreed, payment shall be made within 14 days of invoicing without deduction.

All prices are net prices and are subject to statutory VAT. Customs duties, fees and other levies, as well as the German artists' social insurance contribution, shall be borne by the client, even if they are levied subsequently.

The client may only set off undisputed claims or claims that have been finally established by a court against the agency's remuneration claims. The client may only assert a right of retention in the case of undisputed or finally established claims.

Each party bears the costs of postage, telephone and fax that it incurs in its business dealings with the other party.

Travel expenses are charged to the client as follows:
Third-party costs: according to receipts,
Time spent: see current standard price list,
Travel in own car: €0.80/km.

All other costs, such as legal fees, courier costs, transport costs for the preparation and supervision of advertising material productions, as well as color copies and color prints ordered by the client, are charged to the client according to receipts.

Unless otherwise provided in the service description, upon full payment the client acquires the rights of use required for the purpose of the contract to the advertising materials designed by the agency for the term of the agency contract, but for at least 6 months after acceptance. The rights of use are limited to the territory of the Federal Republic of Germany. Editing or changing the content of the advertising materials designed by the agency is only permitted with the agency's prior consent.

The onward transfer or licensing of the rights of use by the client to third parties requires the prior written consent of the agency in order to be effective.

If rights of use or exploitation rights (e.g. photo, film, copyright, GEMA rights) or the consent of third parties (e.g. personality rights) are required for the creation or implementation of the agency's work results, the agency is not obliged to obtain these third-party rights. Additional claims pursuant to Sections 32, 32a UrhG (German Copyright Act) shall be borne by the client.

The agency accepts no liability for the absence of third-party rights with regard to the advertising materials and work results it delivers.

The agency may use the advertising materials it has conceived, without time limit, for its own promotion on its website and on the CD-ROM it regularly produces for the purpose of self-promotion. This authorization also extends to the other companies and brands of the MULTERER Group.

Rights of use for drafts rejected or not implemented by the client remain with the agency. This also, and in particular, applies to services of the agency that are not the subject of special statutory rights, in particular copyright.

Remuneration for drafts, final artwork and the granting of rights of use is based on the SDSt/AGD collective agreement for design services in its currently valid version, unless otherwise agreed. The preparation of drafts alone is subject to a charge, unless expressly agreed otherwise in writing.

All services of the agency are subject to statutory VAT in addition.

If services of the agency are used to a greater extent than originally agreed, the agency is entitled to demand the difference between the remuneration for the actual use determined on the basis of the SDSt/AGD collective agreement for design services and the remuneration originally agreed.

The invalidity of individual terms does not affect the validity of the remaining terms. The invalid term shall be replaced by one that comes as close as possible to the economic purpose of the original term.

The place of jurisdiction for all disputes between the client, if the client is a merchant, and the agency is the registered office of the agency – i.e. Koblenz.

Only the law of the Federal Republic of Germany applies, to the exclusion of German private international law.