General terms and conditions

The subject of the service is:
Marketing and distribution of business products and services. For example, multimedia presentations, training and implementation of events.

1. Scope

1.1. Our services are provided exclusively on the basis of the following conditions.

1.2. The contracting party’s terms and conditions of business shall not be recognized, not even by implied action, and their inclusion is hereby expressly rejected. Deviating contractual terms and conditions of the contracting party shall only apply if we have previously expressly agreed to them in writing.

1.3. Our terms and conditions of business shall also apply to all future legal transactions, even if their inclusion is not expressly repeated and/or their validity is not separately referred to.

2. Design of the order

2.1 The subject of the contract is the provision of a service, not the achievement of a specific result. In particular, the Contractor does not owe the achievement of a specific economic result. The contractor’s opinions and recommendations prepare the client’s entrepreneurial decision, but cannot replace it.

2.2 The Contractor shall provide its services on the basis of the agreed service description and written statements, for example concept, briefing and protocols. The agreed service offer, consisting of the service description and written statements, shall only be accepted and confirmed in writing by designated project managers and executives of the Contractor in each case. The Customer shall confirm the performance description and written statement in writing.

2.3 The Contractor shall plan corresponding resources and personnel in a binding manner and reserve a time contingent.

2.4 The Client shall provide the Contractor with the required data and information at the agreed time, but no later than the first day of the start of the project. Delays in data delivery by the Client shall not be at the Contractor’s expense.

2.5 The Client shall appoint a contact person and ensure the flow of information to the Contractor. The Contractor shall keep the Client informed about its activities. Ensures the flow of information to the client and maintains contact with the designated contact person.

2.6 The Contractor shall be entitled to call in expert third parties and other auxiliary personnel for the performance of the contract. He is further entitled to take all necessary measures and means, permissible within the legal framework, in order to fulfill the order. The Contractor shall be free in the manner of order fulfillment with respect to time, place, software, hardware, processes, methods and persons.

2.7 The Contractor shall not provide legal or tax advice within the meaning of the Legal Services Act and the Tax Advice Act.

3. Confidentiality and data protection

3.1 The Contractor warrants confidential treatment of the Client’s economic data and information that become known to it through the agreed service activity during the project.

3.2 The Contractor may use the project results e.g. Slides, films, images, presentations, use after the end of the project for advertising and marketing purposes. If parts of the project result are not intended for the public, the Client shall inform the Contractor of this in writing. The corresponding content or customer-typical elements, such as a logo, are then displayed neutrally or made unrecognizable by the contractor.

4. Copyrights

4.1 The Client shall be granted the right to use the final result created by the Contractor for the execution of this Agreement only for the purpose described in the service offer. In all other respects, the rights shall remain with the Contractor.

4.2 All created documents and interim results, such as concepts, slides, image drafts, scripts, stories, are the intellectual property of the author. Any disclosure to third parties for the purpose of further processing, or use without the consent of the contractor is prohibited. The client may apply for a license for use.

4.3 If the result contains prescribed rights of use of third parties, e.g. image rights, music rights, speaker rights, film rights, typography rights (fonts), these shall be transferred to the client to the same extent. The Contractor shall not be liable for third party rights. .

5. Termination of the order

5.1 After delivery of the final result, the order is completed. The Contractor’s claim for remuneration is thus due in full.

5.2. After termination of the service contract, the data will be archived free of charge for a maximum period of one year.

5.3 After handover of a project, the Contractor shall have no further claim to renewed transmission of the project data.

5.4. The contract can be terminated with a notice period of 14 days. The period shall commence at the time at which the party entitled to termination becomes aware of the facts relevant to the termination. The terminating party must inform the other party of the reason for termination in writing upon request and without obligation.

5.5 In the event of termination by the Client, the Contractor shall be entitled to invoice on the basis of the hours worked plus a cancellation fee of 20% of the order value. If the Contractor terminates the contract, the Client shall receive the interim status at the time of termination; invoicing shall be based on this interim status.

5.6 Long-term framework, maintenance, care and support contracts may be terminated with six months’ notice.

6. Remuneration

6.1 The Contractor shall be entitled to issue interim invoices at reasonable intervals for the services rendered up to that point. 50% of the order value is due when the order is placed. Further invoicing and due dates will be in accordance with the schedule before the start of the project. Regardless of the completion or delays on the part of the customer.

6.2 Additional services that are not specified in the service specifications and that arise during the course of the project work due to change requests on the part of the client shall be invoiced according to the actual time and effort involved on the basis of our current hourly rates.

6.3. The release of a completed project from the Contractor’s archive is free of charge within one year. After one year, the client charges a research and transfer fee of 2% of the original order value.

6.4. Updating the final result to a current software version is possible. Upon request, the client will receive a corresponding offer.

6.5 Payments shall be due immediately after invoicing, unless another payment term has been agreed.

6.6. The contractor works with a factoring company, among others. Payments are to be made to the bank details indicated on the invoices, stating the invoice number and client name.

6.7. If necessary travel expenses, flight costs, cab, accommodation or other expenses are incurred by the Contractor, these shall be invoiced to the Client with proof of receipt as a transitory item.

6.8. Journeys by car are charged with 0,30€ net per kilometer driven. This applies to both outward and return journeys. The basis for this is the evaluation via Google Maps, or the logbook.

7. Liability

7.1 The Contractor excludes liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the compliance with which the customer may regularly rely, shall remain unaffected. The same shall apply to breaches of duty by the Contractor’s vicarious agents.

8. Final clauses

8.1 No verbal collateral agreements have been made. Changes and additions to the contract must be made in writing. This also applies to an amendment of this written form clause.

8.2 German law shall apply exclusively.

8.3. For all mutual claims of the contractual partners, the contractor’s registered office is agreed as the place of performance and jurisdiction, provided that the customers are merchants, legal entities under public law or special funds under public law. Likewise, the Contractor’s registered office is agreed as the place of performance and jurisdiction if the Client has no general place of jurisdiction in Germany.

8.4. Should any provision of this contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The ineffective provision or loophole shall be replaced by a supplementary agreement between the parties.

Status of the GTC 30.06.2020

SMAVICON BEST BUSINESS PRESENTATION E.K.

Matthias garden
Pfützenstraße 75a
Germany 64347 Griesheim
Phone: +49 6155 84 44 0
Fax: +49 6155 84 44 11
E-mail: kontakt@smavicon.de

Register court: Darmstadt Local Court
Registration number: HRA 7152
Sales tax identification number
according to § 27 a sales tax law: DE 111509232
Responsible for the content according to § 55 Abs. 2 RStV:
Matthias Garten, Pützenstraße 75a, 64347 Griesheim, Germany