Terms and Conditions for Services
§ 1 Scope, Customer Information
The following terms and conditions provide the contractual relationship between Harald Schendera, Schendera, and the entrepreneurs who order services from us. These terms and conditions shall form a part of any written, electronic, or verbal agreement with Schendera which concerns the services mentioned below. We send you the terms and conditions. You can also access the terms and conditions on our website. By placing an order, the customer acknowledges and agrees to the terms and conditions. Provisions contrary to the terms and conditions shall not be valid unless agreed in writing. The contractual language is English.
§ 2 Services
Schendera 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; video, 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.
Services of Schendera are intended for industry, trade, craft, business, and authorities. The services to be performed by Schendera during a contract arise from the quotation made and from the description of services included therein. Services performed without quotation are billed using timesheets.
Internet applications and other digital applications made by Schendera evolve in two phases: a design phase (Design) followed by an implementation phase (Implementation). For each of these two phases, we will specify the prices in the quotation. The release of the design by the customer marks the end of the design phase and the start of the implementation phase.
§ 3 Limitation of Liability
Our liability for inadequate services and non-performance of contractual services shall be guided by the legal regulations.
(1) We exclude our liability for breaches of obligations due to slight negligence as far as these do not affect substantial contractual obligations, damages due to injury to life, body or health, guarantees or claims under product liability law. The same applies to any breaches of duty by our vicarious agents and our legal representatives. The contractual obligations include in particular the obligation to provide you the services you have ordered.
(2) We have no influence on how you use the information and documents that we provide. It is up to you to use these data correctly. You have to ensure that the data is complete and consistent and to obtain expert advice if in doubt. We shall not be liable for damage or loss caused to you by a breach of these obligations.
(3) We shall not be liable for malfunctions on the internet, system breakdowns due to force majeure, or for damage or loss caused to you by the fault of third-party contractors, subcontractors, or external contractors.
(4) We 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 we are guilty of gross negligence. We 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 us.
(5) If the customer itself takes action with regard to the works provided (e.g., program code, directory structure), any warranty or liability claim will expire.
(6) We shall not be liable for internet failures (including server failure).
(7) We 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. We 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, we shall be entitled to rectification of defects.
(8) 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 we 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.
(9) Before delivery to the customer, we check 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.
(10) We 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. We shall not be liable for violations thereof.
§ 4 Third-Party Contractors, External Contractors
We shall be entitled to entrust subcontractors or external contractors with the performance of services, as a whole or in part, for an order. In this case, the terms and conditions of the subcontractor or external contractor shall apply.
§ 5 Rights of Use
Schendera assigns to the customer all rights assignable under German law to its works manufactured within the scope of a contract, without restrictions in time, content, or place, including the right to process and transform the works.
Such rights of use will be assigned exclusively, but with the following exception: We shall be entitled to publish works provided by order for the purpose of documenting our work, e.g., screenshots and project descriptions on the internet and in 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.
We shall have the right to use works and services provided by order as references towards third parties.
We reserve the right to brand documents and works reasonably and visibly to everyone (logo, copyright), as well as to put a visible link to our website in the case of internet projects. The name may be stated in an unobtrusive place, e.g., in the legal notices.
In case of changes to or modifications on works, we have 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.
§ 6 Commitment Period, Prices, Cost of Delivery
Quotations of Schendera are subject to confirmation and without obligation. They will remain valid for a period of four weeks. Prices of Schendera are net prices, value-added tax will be charged separately. Shipping is free.
§ 7 Methods of Payment, Payment Terms
(1) Payment is made by bank transfer to the account indicated in the invoice, or via PayPal to the email address indicated in the invoice.
(2) The invoice amount shall be payable and due without deduction immediately after receiving the invoice. The time allowed for payment after invoicing is 14 days plus bank processing times. In the event of non-payment within 16 days of the due date, you shall be in default at the 21st day without additional reminder.
(3) Interest is to be charged on the invoice amount during any default period, reminder fees accrue. The interest rate for the year on default is five percentage points above the basic interest rate.
(4) An invoice will become due even if the service requested is not used.
(5) 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 €1000. The time allowed for payment after invoicing is seven days plus bank processing times. In the event of non-payment within nine days of the due date, you shall be in default at the 14th day without additional reminder.
(6) 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.
§ 8 Revocation Instructions
Right of Revocation
You can revoke your contractual agreement within 14 days in text form (e.g., letter, fax, email) without stating reasons. The period shall begin when this advice has been received in writing, however, not before the contract has been concluded, neither before we have fulfilled our obligations to provide information pursuant to article 246 § 2 in connection with § 1 section 1 and 2 of the Introductory Statue to the Civil Code (EGBGB) as well as our obligations pursuant to § 312g section 1 clause 1 of the Civil Code (BGB) in conjunction with article 246 § 3 EGBGB. To meet the deadline for the revocation, it shall be sufficient to dispatch the revocation in time. The revocation has to be sent to:
Harald Schendera
Heinrich-Busold-Strasse 19
61169 Friedberg
Germany
Email: info
schendera
de
Consequences of Revocation
In the case of an effective revocation, the mutually received benefits are to be returned and derived profits (e.g., interest) are to be returned. If you are unable to return the received services and benefits (e.g., compensation for use) in their entirety or partially or only in worse or diminished condition, you are required to pay us a compensation of equal value. This may result in you nevertheless having to satisfy the contractual payment obligations for the period up until revocation. You must satisfy obligations to reimburse payments within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with the receipt of it.
Special Note
Your right of revocation expires prematurely if, at your explicit wish, the contract has been fulfilled by both sides before you have exercised your right of revocation.
End of Revocation Instructions
§ 9 Retention of Ownership
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.
§ 10 Obligation to Maintain Secrecy
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.
This obligation shall be mutually effective, also for the customer, and will survive termination of a contract.
§ 11 Termination of 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 €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 work 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 termination, a project is still in the design phase or in the first half of the implementation phase, the rights of use to the work results achieved till then (e.g., drafts) will not, as is the case with completed orders, be transferred to the customer for any type of use without any additional expenses. Instead, the customer needs to acquire the rights of use for the originally desired type of use (e.g., website) from us if they wish to continue the project without our participation, using our drafts and work results. The price for these rights of use is one quarter of the price of the design phase. Through acquisition of the rights of use for the one type of use, the other types of use shall be covered accordingly, and 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 we come 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 work 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.
§ 12 Choice of Law Clause
The laws of the Federal Republic of Germany shall solely apply.
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