General Terms and Conditions of Metavoir UG (Limited Liability)
Scope of application
These General Terms and Conditions apply to all business relations between Metavoir (hereinafter referred to as the Agency), Hohe Warte 36, D-45147 Essen, and its clients in the version valid at the time the contract is concluded. Any conflicting general terms and conditions of the client are hereby expressly rejected.
Metavoir is active in the areas of digital and analog marketing, web development, branding and design for its clients. Other areas can be covered by agreement and by ensuring the required qualifications, provided they represent the Metavoir concept.
Conclusion of contract and order processing
Unless otherwise agreed, the contract language is German. Customers within the meaning of these General Terms and Conditions are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code). The customer accepts the following terms and conditions when demanding an offer, but at the latest from the start of the project.
Contracts with the Agency must be in text form. This also applies to amendments and additions, including an amendment to this text form clause itself.
The placing of orders, including the placing of additional orders and changes to services already ordered, which are not based on an offer from the Agency, require written confirmation by the Agency to become effective.
Obligations of the client to cooperate
The client is obliged to provide the Agency with all information and documents necessary for the execution of the order in good time and to support the Agency in the execution of the order. This includes in particular the provision of texts, images, logos and other materials required for the project.
Retention of title, Intellectual Property Rights
All rights to the work results remain with the Agency until full payment of the agreed fee. The client only acquires the agreed usage rights after full payment. Any further use requires the express written consent of the Agency.
Terms of delivery, delay
Delivery and performance dates are only binding if they have been expressly agreed as binding. If the client is in default of acceptance or violates other obligations to cooperate, the Agency is entitled to demand compensation for the damage incurred as a result.
License fees
If third-party licenses (e.g. for images, fonts, software) are required for the execution of the order, these will be charged separately to the client. The Agency will inform the client of such costs in advance.
Prices and terms of payment
All prices are exclusive of the applicable statutory VAT. Payment is due immediately upon receipt of invoice without deduction. In the event of default of payment, the Agency is entitled to charge default interest at the statutory rate. The client bears all costs of debt collection.
Performance time
The performance time begins with the conclusion of the contract and the provision of all necessary documents and information by the client. If the client is in default with the provision of necessary cooperation, the performance time is extended accordingly.
Complaints and warranty
The client must immediately check the work results delivered by the Agency and report any defects in writing without delay. The Agency is entitled to rectify defects. If the rectification fails, the client can demand a reduction in the fee or withdraw from the contract.
Copyright and right of use / Copyright
The Agency retains all copyrights and other intellectual property rights to the work results. The client only acquires the usage rights agreed in the contract. Any further use requires the express written consent of the Agency.
Limitation of liability
The Agency's liability is limited to intent and gross negligence. In the case of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical of the contract. Liability for consequential damage and lost profit is excluded.
Applicable law and place of jurisdiction
German law applies exclusively. The place of jurisdiction for all disputes arising from this contractual relationship is Essen, provided the client is a merchant, a legal entity under public law or a special fund under public law.
Data protection
The Agency undertakes to treat all data and information received from the client confidentially and to use it only for the execution of the order. The Agency complies with the applicable data protection regulations.
Final provisions
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
Status: 01.04.2024