TERMS AND CONDITIONS

1. Offers and Scope :

Offers from sinnvisualz or media.yannicksinn are non-binding and valid for 30 days, unless otherwise stated.

All prices are exclusive of VAT, unless otherwise stated.

These General Terms and Conditions apply to all contracts between sinnvisualz or media.yannicksinn and the customer.

2. Contract Formation :

All stated deadlines are non-binding, as they depend on the interim coordination between sinnvisualz or media.yannicksinn and the client.

An agreed-upon performance deadline is not a strict deadline.

In the event of a deadline being exceeded, the client must notify sinnvisualz or media.yannicksinn of the delay in writing.

3. Contract Execution :

sinnvisualz and media.yannicksinn are committed to exercising the utmost care towards the client. To the extent necessary for the execution of the contract, sinnvisualz and media.yannicksinn are entitled to engage third parties. sinnvisualz and media.yannicksinn accept the limitations of liability of these third parties.

The client must ensure that all work and data necessary or reasonably required for the execution of the contract are provided to sinnvisualz and media.yannicksinn in a timely and professional manner.

Otherwise, sinnvisualz and media.yannicksinn are entitled to suspend the execution of the contract and/or invoice the client for any additional costs incurred due to the delay, without prejudice to the client's obligation to pay for services already rendered.

sinnvisualz and media.yannicksinn are not liable for damages resulting from reliance on faulty and/or incomplete data provided by the client.

If the contract is executed in phases, sinnvisualz or media.yannicksinn may suspend the execution of parts of a subsequent phase until the client has given written approval of the results of the preceding phase. The method of order processing is at the discretion of sinnvisualz or media.yannicksinn, but will be agreed upon with the client.

4. Contract Amendment :

If the parties agree to a change or addition to the contract during its term, this may affect the completion time.

Should this have financial and/or qualitative consequences, sinnvisualz and/or media.yannicksinn will inform the client in advance and, if applicable, specify the extent to which the quoted price will increase.

5. Termination of the Contract :

sinnvisualz or media.yannicksinn is entitled to terminate the contract if further performance of the contract is no longer reasonable.

The customer's obligation to compensate sinnvisualz or media.yannicksinn for any damages incurred remains unaffected. Notwithstanding paragraph 1, the parties may mutually agree to terminate the contract by giving one month's notice.

6. Intellectual property :

All products and services supplied by sinnvisualz or media.yannicksinn are intended solely for the customer's use and may not be reproduced, published, or made available to third parties without the prior consent of sinnvisualz or media.yannicksinn.

Unless expressly agreed otherwise, the intellectual property rights to all supplied items remain fully with sinnvisualz or media.yannicksinn.

7. Defects; Deadlines for Complaints :

Should the customer have any complaints regarding the work performed, they must notify sinnvisualz or media.yannicksinn in writing within 7 business days of the defects occurring or within 14 business days of completion of the work.

8. Additional Services :

Services that sinnvisualz or media.yannicksinn are required to provide during the contract period and that were not foreseeable at the time the offer was prepared, as well as additional orders, are considered additional services.

Additional services will be invoiced at the discretion of sinnvisualz or media.yannicksinn, either based on time and material costs or based on the price of the agreed-upon portion of the contract.

9. Payment :

Payment is due within 14 days of the invoice date.

After this period, the customer owes sinnvisualz or media.yannicksinn default interest at a rate of 1.5% per month. Customer payments will first be applied to any outstanding interest and costs, and then to the oldest outstanding invoice amount, even if the customer indicates that the payment relates to a later invoice. Offsetting is not permitted.

If a project lasts longer than twice the agreed duration for reasons beyond the control of sinnvisualz or media.yannicksinn, the project will be invoiced in full. Project completion will be agreed upon on a mutually agreed date.

10. Collection Costs :

sinnvisualz or media.yannicksinn is entitled to charge the customer extrajudicial collection costs of 15% of one or more outstanding invoices.

Should sinnvisualz or media.yannicksinn be forced to initiate legal collection proceedings, including arbitration or the appointment of a binding legal representative, and should sinnvisualz or media.yannicksinn be assisted by a lawyer or other legal representative, the customer shall additionally owe sinnvisualz or media.yannicksinn the difference between the awarded legal fees and the fee that sinnvisualz or media.yannicksinn owes its lawyer or other legal representative.

11. Liability :

In the event of a defect attributable to the client, the liability of sinnvisualz or media.yannicksinn is limited to the invoice amount of the respective order. For parts of a larger contract, liability is limited to the invoice amount of the respective part.

If the liability insurer of sinnvisualz or media.yannicksinn makes a payment, sinnvisualz or media.yannicksinn is entitled to pay either the order amount or the amount paid by the insurer.

sinnvisualz or media.yannicksinn is not liable for consequential damages or damages to third parties. The client shall indemnify sinnvisualz or media.yannicksinn against all related claims.

Should sinnvisualz or media.yannicksinn be held liable for the infringement of third-party rights in materials provided by the client, the client shall indemnify sinnvisualz or media.yannicksinn against such claims.

The client must ensure that sinnvisualz or media.yannicksinn is provided with royalty-free material in such cases. Otherwise, sinnvisualz or media.yannicksinn is entitled to terminate the contract out of court. In this case, the client is obligated to compensate sinnvisualz or media.yannicksinn for any resulting damages, including lost profits, and to pay for work already completed.

The client is responsible for the publicly accessible content.

12. Force Majeure :

Force majeure includes computer failures, computer malfunctions, damage to software and files, power and telephone network outages, strikes (including strikes at companies from which sinnvisualz or media.yannicksinn obtains materials and services), strikes at transportation companies, fire and water damage, and other circumstances that hinder the fulfillment of contractual obligations and are not attributable to sinnvisualz or media.yannicksinn.

In the event of force majeure, the obligations of sinnvisualz or media.yannicksinn are suspended.

If, at the time of the force majeure event, sinnvisualz or media.yannicksinn has already partially fulfilled its obligations or can only partially fulfill them, it is entitled to invoice separately for the portion already rendered or yet to be rendered. The customer is obligated to pay this invoice as if it were a separate contract.

13. Dispute Resolution and Applicable Law :

This agreement between the parties is governed by German law.

The competent court is the court in the district of Ammersbek, without prejudice to the right of sinnvisualz or media.yannicksinn to bring legal proceedings before the court at the client's place of residence.