Services Customer Order Liability Contractors Rights Quotations Prices Payment Data Privacy Contract Promotion Applications Advertising Illustrations Public Relations Consulting Project Management Research
Harald Schendera, Haendelstrasse 19, 92637 Weiden, hereinafter referred to as Schendera, provides his services to the customer on the following terms and conditions. These general terms and conditions shall form a part of any written, electronic, or verbal agreement with Schendera which concerns the services mentioned below. By placing an order, the customer acknowledges and agrees to the following general terms and conditions. Provisions contrary to the general terms and conditions shall not be valid, unless agreed in writing.
The services to be performed by Schendera arise from the quotation made, on the basis of a contract, and from the description of services included therein.
Schendera normally performs the following services: conceptual design, production, publication, promotion, administration, updating and automation of internet applications and other digital applications, presentations, types of advertising and illustrations in text, sound, vision, and animation; programming in the field of internet and presentation; photography, graphics design, object design, art, digital imaging, journalism, press and public relations; project management, research, consulting, training, general services; procuration in the field of information technology, design, internet, journalism, marketing, press and public relations; general computer services, e.g., digitizing, preparation of data storage media etc., as well as any services associated with that.
Schendera's services usually include a design stage / preparation stage and an implementation stage. For each of these two stages, Schendera will show the prices separately in the quotation. The release by the customer marks the end of the design stage / preparation stage and the start of the implementation stage.
Schendera's liability for inadequate services and non-performance of contractual services shall be guided by the legal regulations.
Schendera shall not be liable for malfunctions on the internet, system breakdowns due to force majeure, or for damage or loss caused to customers by the fault of third party contractors, subcontractors, or external contractors.
Schendera will not warrant or guarantee the accurate reproduction, as well as identical representation, of internet presentations and other presentations if different hardware or different operating system, browser and other presentation software is used, unless Schendera is guilty of gross negligence. Schendera shall not be liable for collateral or consequential damage, unless such damage was caused intentionally or by gross negligence. Any more extensive liability will not be assumed by Schendera.
If the customer itself takes action with regard to the products provided (e.g., program code, directory structure), any warranty or liability claim will expire.
Schendera shall not be liable for internet failures (including server failure).
Schendera will test the products provided for their functionality and operability if different hardware or different operating system, browser and other presentation software is used, but only the two most used, on the average and in general. Schendera will remedy only such defects with regard to design which involve that programs, internet presentations, or other presentations are not executable. This shall also apply if only parts of it are defective. In this case, Schendera shall be entitled to rectification of defects.
Entries in internet search engines will be made after consultation with the customer. No guarantee or warranty will be assumed for a requested entry in such search services, and Schendera shall not be liable therefor. Grossly negligent behavior of Schendera shall be excluded therefrom. In this case, Schendera shall be entitled to rectification of defects.
Before delivery to the customer, Schendera checks data storage media, files, and programs for computer viruses, using current antivirus software. No liability shall be assumed for a possible virus infestation of the customer's computer caused by internet viruses and of data storage media. No claims for damages may be asserted.
Schendera shall be entitled to entrust subcontractors or external contractors with the performance of services or with the production, as a whole or in part, for an order. In this case, the general terms and conditions of the subcontractor or external contractor shall apply.
Schendera assigns to the customer all rights assignable under German law to its products and works manufactured within the scope of a contract, without restrictions in time, content, or place, including the right to processing and transformation.
Such rights of use will be assigned exclusively, but with the following exception: Schendera shall be entitled to publish products and works manufactured by order for the purpose of documenting his work (including screenshots and project descriptions on the internet and other media).
Any rights to scripts and program codes (e.g., JavaScript, Perl, PHP, CGI, or Java programs) shall remain with Schendera, unless they are freely available, intended for free use, or they are the property of third parties.
Schendera shall have the right to use its products, works, and services provided by order as references towards third parties.
Schendera reserves the right to mark its products reasonably and visibly to everyone (logo, copyright), as well as to put a visible link on its web site in the event of internet projects. The name may be also indicated on a general position (e.g., legal notice).
In case of changes to or modifications on products or works, Schendera has the right to request that any marking referring to it will be removed, provided that the removal is possible using reasonable efforts (e.g., on the internet).
No written consent of Schendera will be required for the distribution, resale, or use other than that agreed in the contract of the services performed by order.
Quotations of Schendera are subject to confirmation and without obligation. They will remain valid for a period of four weeks. Quotations of Schendera are intended for industry, trade, craft, business, and authorities. All prices indicated in quotations of Schendera are net prices; VAT will be charged separately. Quotations in which gross prices including VAT are expressly indicated shall be excluded therefrom.
Unless otherwise agreed, the time allowed for payment after invoicing is 14 days. Payment is made by bank transfer to the account indicated in the invoice. Partial services or deliveries can be invoiced separately.
An invoice will become due even if the service requested is not used.
Schendera shall have the right to request appropriate partial payments and advance payments if it concerns service contracts or contracts for work and labor, as well as orders with a net order value exceeding EUR 1000. For this case, the term of payment is seven days from invoicing, unless otherwise agreed.
If the customer fails to fulfill his obligations to pay, stops payment, or a bank returns payments, Schendera has the right to terminate the contract without notice. If the customer is in default, Schendera shall be entitled to charge default interest in the amount of seven percent above the base rate of the European Central Bank and to demand collection fees.
Until payment has been made, the services performed will remain Schendera's property, and they can be reclaimed six weeks after invoicing or taken back by Schendera without prior notice if payment has not been effected. The customer expressly agrees that, in case of non-payment, the services performed will become again Schendera's property six weeks after invoicing without prior notice and that Schendera will obtain the full right of access to such services if Schendera considers this procedure necessary. Accesses required therefor (e.g., to the server or to internet directories of the customer) shall be expressly permitted and supported by the customer.
The contracting party is hereby informed in accordance with § 33 Section 1 of the Federal Data Protection Act (Bundesdatenschutzgesetz) and § 4 of the German Teleservices Data Protection Act (Teledienstedatenschutzgesetz) that the contractor will store the customer's address in machine-readable form and automatically process it for purposes arising out of the contract.
Schendera shall be entitled to offer the customer further services.
The customer undertakes to store backup copies of all data that have been delivered for use. Schendera will, on his part, ensure regular data backup. However, should data loss occur at Schendera, the customer shall be bound to provide again free of charge all data and documents necessary for the recovery.
The customer is aware of the fact that all internet users have the possibility to scan and evaluate the data transmitted. Such risk is accepted by the customer.
Schendera will not verify whether images, texts, or other material provided by the customer are free from third party rights. Such verification shall be the responsibility of the customer. This shall also apply to statements which concern the competition law. Schendera shall not be liable for violations thereof.
Schendera undertakes to maintain secrecy towards everyone with regard to the customer's business processes and operational procedures which are entrusted to it during a contractual relationship or which become otherwise known to it. This includes not only business and company secrets, but also the personal circumstances of the employees and the management. Schendera will conclude appropriate agreements with the employees and agents working on its behalf to ensure that they, too, will not disclose the customer's business and company secrets.
The obligation given below shall be mutually effective, also for the customer, and will survive termination of a contract.
If the customer cancels or terminates an order prior to the completion of the service, the time spent for the order until then will be charged with a net hourly rate of EUR 40. Should this amount calculated exceed the total net order value in accordance with the contract, the total net order value will be calculated accordingly. The delivery of a service performed until then is not always possible due to the special type of product and cannot be claimed. If possible, the service performed up to this moment can be delivered on a voluntary basis.
If, at the moment of the termination, a project is still at the design stage / preparation stage or in the first third of the implementation stage, the rights of use to the work results achieved till then (including drafts) will not, as is the case with completed orders, be transferred to the customer for any type of use without any additional expenses. The customer must acquire the rights of use for the originally desired type of use (e.g., web site in HTML) from Schendera if it wishes to continue the project without Schendera's participation, using Schendera's drafts and work results. Schendera will fix the price for these rights of use already in the quotation. Through acquisition of the rights of use for the one type of use, the other types of use shall be covered accordingly. The provisions of the section Rights of Use shall apply.
Orders which violate applicable law, represent third parties in a negative manner, have xenophobic contents, or cause harm to Schendera, economically or otherwise, will not be executed or can be immediately terminated without notice if Schendera comes to know of this. Services performed will be calculated and dealt with in the same way as cancellation and termination by the customer are.
If it becomes apparent during the development of a desired product that the implementation will not be possible in the requested form or will require considerably more time and effort than agreed or if the customer changes the order after the commencement of the contract, the order will be negotiated anew. If no new contract is concluded, the service performed by then will be calculated and dealt with in the same way as cancellation and termination by the customer are.
These general terms and conditions supersede any and all previous general terms and conditions or other general agreements.
The laws of the Federal Republic of Germany shall solely apply. The venue shall be Weiden.
Should one or several provisions of this agreement be or become invalid, the effectiveness of the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a contractual or legal provision which answers the economic purpose of the invalid provision.
Last updated March 30, 2009.