Terms and Conditions of OXXID GmbH – March 2014

 

As of March 2014

In addition to a contract and/or a quotation and the confirmation thereof, the following shall apply between the client/user and the contractor, i.e. OXXID GmbH and its representatives:

1.

The subject matter of this copyright agreement is the creation of the commissioned work and the final granting of the nature, purpose and scope of rights of use thereto. Intellectual property acquired within the scope of the order and the right to property rights thereto shall remain with the contractor, who shall in any event be entitled to a right of publication upon completion of the order. The Client undertakes to maintain confidentiality regarding the work beyond its use in accordance with the contract.

Any imitation of the work, even in part, as well as any alterations to the work in any form and regarding the nature, purpose and scope of use, is permitted only with the Contractor’s consent.

The Contractor shall have creative freedom within the scope of the commission.

2.

The contract shall be deemed to have been fulfilled, or the agreed collaboration to have ended, when the contractor submits to the client documents, samples and/or models that are suitable as a result of the contract awarded or that reveal such a result. Upon delivery of the results in accordance with the order, a fee, which may be up to 15% higher than any previous quotation, plus the applicable VAT as stated on the invoice, shall become due. Claims for partial payments and a down payment are permissible for work extending over a period of more than one month.

The fee covers a comprehensive service, including, as agreed, any drafts and working drawings, as well as the granting of rights of use. Costs incurred in the course of the assignment shall be invoiced separately. Travel and transport costs shall be charged at EUR 0.36/km for motor vehicles and at the documented cost for public transport, whereby train journeys in 2nd class and flights in Business Class are agreed to be reimbursable.

The contract or collaboration may also be terminated at any time by unilateral notice. The contractor’s claims for fees and reimbursement accrued up to that point shall remain valid. Furthermore, in the event of termination, the contractor shall be entitled to remuneration and reimbursement for measures and events already prepared, which must be substantiated individually.

3.

All work and services, including those provided by third parties, in connection with the subject matter of the contract shall be carried out during the term of the collaboration exclusively in accordance with the contractor’s instructions. Purchases or services organised on behalf of the Client and provided by the Contractor shall remain the property of the Contractor until full payment has been made. Insofar as the Contractor, at the Client’s instigation, contracts out external services in its own name, the Client shall indemnify the Contractor against any liabilities arising therefrom.

The Contractor accepts no liability for the freedom of the work results from third-party rights or for the protectability of rights granted for use.

Upon approval of the work, the Client assumes responsibility for the accuracy of form, image and text. The approval of production and implementation is the responsibility of the Client. If the Client commissions the Contractor to carry out this task in whole or in part, the Client shall indemnify the Contractor against any liability.

The Contractor’s development services are performed to the best of its knowledge and belief. The Client is therefore responsible for carrying out a thorough examination prior to the application and marketing of the development. Upon acceptance and confirmation of this examination, the Client indemnifies the Contractor against any liability for consequential damages caused by the design, construction or programming/software.
The Client shall be liable for confidentiality and for the use of the materials in accordance with the contract, including in respect of its employees, affiliated companies, contracted firms and their employees. The Contractor shall be entitled to information regarding the use granted.

4.

The place of performance for the contractual relationship and the place of jurisdiction for all disputes arising from the contractual relationship shall be the contractor’s registered office.

Quotations are valid for 6 weeks, unless otherwise stated.

Any individual invalid provisions of the above terms shall not affect the validity of the remaining provisions of these terms and conditions and shall be replaced by provisions that come as close as possible to the invalid provisions in legal and economic terms.

Any provisions in the Client’s general terms and conditions that conflict with the above provisions shall be invalid.