General Terms and Conditions (GTC)

1. Scope of Application
These General Terms and Conditions (GTC) apply to all contracts between Kaiser & Demel Medienagentur GbR (hereinafter referred to as the “Contractor”) and its clients (hereinafter referred to as the “Client”) concerning the provision of marketing, design, and consulting services. Any deviating terms and conditions of the Client shall not apply unless the Contractor explicitly agrees to them in writing.

2. Conclusion of Contract
A contract between the Client and the Contractor is formed when the Contractor submits an offer that is accepted by the Client, or when the Client submits an offer that is confirmed by the Contractor.

3. Scope of Services and Client Obligations
3.1 The scope of services is defined in the respective offer and/or contract.
3.2 The Client shall provide all documents, information, and access necessary for the execution of the services in a timely manner. Delays caused by incomplete or late information shall not be the responsibility of the Contractor.

4. Compensation and Payment Terms
4.1 Compensation is based on the offer or contractual agreement. All prices are exclusive of applicable VAT.
4.2 Invoices are due without deduction within 14 days of the invoice date, unless otherwise agreed.

5. Ownership and Usage Rights
5.1 All delivered work and services remain the property of the Contractor until full payment has been received.
5.2 Upon full payment, the Client receives a non-exclusive right of use for the contractually agreed works. Any transfer to third parties or use beyond the agreed scope requires written consent from the Contractor.

6. Liability
6.1 The Contractor shall be liable for intent and gross negligence. In cases of slight negligence involving essential contractual obligations, liability is limited to the foreseeable and typical damages for this type of contract.
6.2 Liability for loss of profit, production downtime, or other financial damages is excluded—except in cases of intent or gross negligence.

7. Confidentiality and Data Protection
7.1 Both the Contractor and the Client agree to keep all confidential information exchanged in the context of the contract strictly confidential and to use it solely for the purposes agreed in the contract.
7.2 The Contractor’s Privacy Policy is an integral part of these GTC.

8. Final Provisions
8.1 Amendments and additions to these GTC must be made in writing.
8.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
8.3 The law of the Federal Republic of Germany shall apply. Place of performance and jurisdiction is Nuremberg, where legally permissible.