General Terms and Conditions (GTC)
General Terms and Conditions (GTC) of DiKONZEPT Agentur für Marketing GmbH
1. General
1.1 These General Terms and Conditions (GTC) apply to all contracts between DiKONZEPT Agentur für Marketing GmbH, Johanna-Lößlein-Weg 3, 91583 Schillingsfürst (hereinafter “DiKONZEPT”), and its customers (hereinafter “Customer”) regarding the provision of marketing services, in particular the creation of marketing concepts, websites, and advertising materials.
1.2 The Customer’s order constitutes a binding offer that DiKONZEPT can accept within four weeks. Acceptance can be made in writing, by email, or by commencing performance of the services.
1.3 The Customer is obligated to provide DiKONZEPT with all information and documents necessary for the provision of services, in particular regarding the company’s purpose, products and services, and customer structure, completely and truthfully.
2. Services and Delivery Times
2.1 DiKONZEPT provides the agreed services in accordance with the respective order. Extensive projects can be divided into sub-services by agreement.
2.2 Binding delivery and completion dates must be in writing. Non-binding dates are for guidance only.
2.3 Delivery and performance delays due to force majeure (e.g., strike, lockout, official orders, natural disasters) or due to events that significantly impede or make it impossible for DiKONZEPT to provide the services (e.g., supplier defaults despite proper selection) entitle DiKONZEPT to postpone the provision of services for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract. DiKONZEPT will inform the Customer of such circumstances without delay.
2.4 In the event of delivery and performance delays for which DiKONZEPT is responsible, the Customer is entitled to a lump-sum compensation for delay amounting to 0.5% of the net order value per completed week of delay, but not exceeding 5% of the net order value. Further claims are excluded, unless the delay is based on intent or gross negligence on the part of DiKONZEPT.
2.5 Compliance with DiKONZEPT’s delivery and performance obligations requires the timely and proper fulfillment of the Customer’s cooperation obligations.
3. Remuneration and Terms of Payment
3.1 Unless otherwise agreed in writing, remuneration is based on expenses according to DiKONZEPT’s current hourly rates. Prices are exclusive of statutory value-added tax.
3.2 For agreed fixed prices, the service is deemed to be rendered upon final presentation, handover of the website, or provision of the agreed services. Additional services requested by the Customer will be remunerated separately.
3.3 Invoices are due for payment immediately upon receipt without deduction, unless different payment terms have been agreed in writing. For partial services, DiKONZEPT may issue partial invoices.
4. Retention of Title
4.1 Until full payment of all claims arising from the respective contract, DiKONZEPT retains ownership of all services provided, in particular websites, designs, concepts, and advertising materials.
4.2 Until full payment, the Customer is not entitled to use, modify, reproduce, or pass on the services to third parties.
5. Confidentiality
DiKONZEPT undertakes to maintain confidentiality regarding all business and trade secrets of the Customer that become known within the scope of the cooperation. This obligation continues to apply after termination of the contractual relationship.
6. Rights of Use
After full payment, the Customer receives the agreed rights of use to the services provided. A resale of the services for the purpose of commercial consulting or concept development requires the prior written consent of DiKONZEPT.
7. Liability and Warranty
7.1 DiKONZEPT is not liable for the legal admissibility of the created content, especially with regard to competition, copyright, trademark, and naming rights. The Customer is responsible for the legal review of the content. DiKONZEPT can arrange for a review by a lawyer at the Customer’s request and expense.
7.2 For content provided by the Customer (texts, images, etc.), the Customer assumes full responsibility for compliance with copyright, intellectual property, and image rights.
7.3 When creating websites, content for the legal notice (Impressum) and data protection/privacy policy is created based on publicly accessible information (e.g., from erecht24). DiKONZEPT does not guarantee the legal correctness of this content. Legal advice from a lawyer or data protection officer is recommended.
7.4 DiKONZEPT’s liability, except in cases of intent or gross negligence, is limited to the order value.
8. Data Protection/Privacy
The data protection/privacy policy of DiKONZEPT, available at [Link to the privacy policy], applies.
9. Place of Performance and Jurisdiction
The place of performance and jurisdiction is Neustadt an der Aisch.
10. Final Provisions
10.1 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by 1 a provision that comes closest 2 to the economically intended purpose.