These General Terms and Conditions shall apply in the version valid at the time of the conclusion of the contract.
Version for all business relations between us Bajorat Media, Mr. Pascal Bajorat, Tündel 20,
32791 Lage and you. Should you use conflicting general terms and conditions
hereby expressly contradicted.
1.2 Contract agreement
Contract language is German.
1.3 Conclusion of contract
The conclusion of the contract takes place individually by offer and acceptance. Unless otherwise agreed
The usual procedure is that you send us an inquiry and receive a binding offer from us.
which you can then accept within two weeks. With the acceptance the contract comes
concluded. A separate storage of the text of the contract by us does not take place, but the
The content of the contract shall be determined individually in each case by the agreement reached.
1.4 Subsequent amendment of the terms and conditions
We are entitled to make subsequent adjustments and additions to the General Terms and Conditions vis-à-vis
existing business relationships, insofar as changes in legislation or
case law requires it or other circumstances lead to the fact that the contractual
equivalence ratio is not only insignificantly disturbed. A subsequent change in the
Terms and Conditions shall become effective if you do not notify us within six weeks after notification of the
change. We will expressly inform you of the effect of your silence at the beginning of the period.
as acceptance of the amendment to the contract and to give you the opportunity during the period
an express declaration. If you object within the specified period, both we and you may
terminate the contractual relationship extraordinarily, insofar as we do not continue the contractual relationship under the old
General Terms and Conditions continue to exist.
2. performance description and delivery
We offer a wide range of services in the field of web design, programming, social media and hosting.
an. You can also purchase our software on request. The exact scope of services will be individually
agreed with you.
2.2 Service provision
We are entitled to have the contract or parts of the contract fulfilled by third parties. As far as you yourself
want to include third-party services in your order (e.g. from domain and hosting providers) or
Provider of other services that are associated with ongoing costs, these services are to be paid for by you
to refer to own name.
2.3 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries fall
However, you will not be charged additional shipping costs.
2.4 Delays in Delivery and Performance and Withdrawal
Delays in delivery and performance due to force majeure and due to extraordinary and
unforeseeable events which cannot be prevented even by the utmost care on our part.
(this includes, in particular, strikes, official or judicial orders and cases of non
correct or improper self-delivery despite a covering transaction to that effect), have
we are not responsible for. They entitle us to postpone delivery for the duration of the impeding event.
In the event of non-availability for reasons stated above, we may withdraw from the contract. We undertake
us to inform you immediately about the unavailability and to reimburse you for any services already rendered.
to reimburse counter-performances without undue delay.
If the delay in performance is due to your fault, we reserve the right to
services and the associated prices to be recalculated and adjusted accordingly. Should you
do not agree with this adjustment, you may withdraw from the contract in accordance with 2.6.
2.5 Requests for changes and extensions
Requests for changes and extensions will, unless otherwise agreed or booked
has been carried out, only if they are necessary to achieve the purpose of the contract. At
customer's express request, however, requests for changes and extensions can be made by our
separate commissioning can be carried out. This shall then be remunerated separately. The following shall also be remunerated
also the examination of the feasibility of the change and extension requests.
2.6 Early termination
Should you wish to terminate your order prematurely, we reserve the right to charge you for the already performed
services or futile expenses, but at least 30 % of the order value.
to provide. A claim for completion of our work is not applicable. You have the option to
to prove that we have incurred no damage or a lesser damage.
2.7 Exclusion of delivery
P.O. Box addresses are not delivered.
2.8 Default of acceptance
If you are in default with the acceptance of the ordered goods, we shall be entitled, after setting an appropriate
period of grace, the customer is entitled to withdraw from the contract and to claim damages for
to claim non-fulfillment. During the delay in acceptance, you shall bear the risk of accidental
loss or accidental deterioration.
2.9 Performance time
If your cooperation is required or agreed for our performance, the performance time shall be extended by
the time you have not fulfilled this obligation. Do you wish after scheduling
changes or additions, the agreed deadlines/dates can no longer be met.
Unless expressly agreed otherwise, we shall commence with our performance within
14 days after conclusion of the contract.
2.10 Data delivery, transfer and archiving
You do not have the right to receive the source files or the layout file of the works created for you
or services. If you still want the source or layout file, you have this separately
to be agreed with us and to be remunerated separately.
Likewise, it is incumbent upon us to decide on the application software used for the creation of the interim or
final data. A release of development and intermediate data is not owed. The
Order data is destroyed or archived by us after fulfillment of the contract. We have no
2.11 Interim Acceptances
We reserve the right to carry out interim acceptances and to make the further execution of our performance dependent on
your approval. This includes in particular the acceptance of concept designs
for graphics and programming suggestions. On this basis we will then our further performance
provide. For test runs or acceptance tests, you have, unless you can examine them yourself,
authorized employees at your disposal. Insofar as we provide you with drafts and/or test versions of
with a reasonable period of time for checking for correctness and completeness,
the drafts and/or test versions shall be deemed to have been approved upon expiry of the deadline, unless we do not
Correction request received.
Rejected designs remain our property and a right of use is not transferred. They
may therefore not use them unless we have made a different agreement.
2.12 IT infrastructure
You are responsible for setting up and maintaining the IT infrastructure for your project.
responsible. In particular, you yourself are responsible for the setting and retrievability of your website or social
Media page and for a functional Internet access to provide.
All prices are to be understood as plus vis-à-vis companies and inclusive vis-à-vis consumers.
sales tax. In addition, there are the costs for packaging and delivery, which are shown separately in each case.
Shipping, unless collection by you at our place of business is agreed. Unless otherwise
agreed otherwise, invoices are due immediately and payable without deduction. We reserve the right to
We reserve the right to calculate external services individually and not to show purchase prices separately. Please
also note that we charge for certain services according to the time we spend on them. Our
Hourly rate can be found in the offer. The form of invoicing is also incumbent on us
(e.g. by mail or by post). For our term contracts, we will invoice you on a monthly basis.
3.2 Advance payment and/or partial invoices
We reserve the right to request advance payment and/or partial invoicing for extensive work.
demand. This applies in particular if we use the services of third parties to fulfill the contract.
3.3 Default of payment
You will be in default of payment if the payment (whether a total price or a
payment in installments has been agreed) not within two weeks after receipt of the invoice with us.
is received. In the event of default in payment, interest shall be charged at a rate of 5 percentage points above the base interest rate of the
European Central Bank, or 9 percentage points above the European Central Bank's prime rate.
Central Bank for legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros.
to provide. We reserve the right to claim damages in excess of this amount.
You have the option of proving that we have suffered no or less damage.
In case of late payment, we reserve the right to stop our work until you meet the payment obligation.
have complied with. We will invoice you for the additional costs incurred in this regard.
In addition, in the event of default in payment, we shall be entitled to cancel all further payment obligations that you have towards us.
immediately and, in the case of payment by installments, also the total price.
3.4 Collecting Societies and Artists' Social Security Fund
You must obtain the necessary permits in advance yourself or obtain the necessary rights.
and fees (e.g. with GEMA) that affect your project. With the
Awarding of contracts in the artistic, conceptual and advertising consulting field to a natural
person, you are also required to pay an artists' social security contribution to the artists' social security fund, which does not
of our remuneration is to be charged. You are also responsible for compliance with the obligation to register and submit
responsible. We shall inform you in advance if one of our services is affected by such a
additional remuneration is affected. If we have to pay in advance for you in this case, you have to give us
to reimburse the respective amount upon presentation of proof.
3.5 Right of retention
You shall only be entitled to assert a right of retention for such counterclaims that are
are due and based on the same legal relationship as your obligation.
3.6 Cost estimates
If we submit cost estimates, these are non-binding. If it is foreseeable that the
actual costs exceed the prices quoted by us in text form by more than 15 %, we shall
advise you of the higher costs. You are deemed to have approved the cost overrun if you
within three working days after this notice in text form. Alternatively you can send us
gladly provide a less expensive alternative. If it is a cost overrun up to 15 % is
a separate notification is not required.
3.7 Term and termination
Our contracts with terms can each be terminated with a notice period of 14 days to the respective
term in text form, without stating any reasons. If timely notice is not given
termination, the contract shall be automatically extended by the respective initial term, but by a maximum of in each case
If the contract is concluded for an indefinite period of time, it can be terminated with a notice period of 3 months to the respective
The contract can be terminated at the end of the month.
The right to extraordinary termination for good cause and any existing
Right of withdrawal is not affected by this.
5. your responsibility
You are solely responsible for the content and accuracy of the data, contributions and information you submit
responsible (especially pictures and videos). These must not violate any applicable laws with the content.
laws, nor these Terms and Conditions. You also agree not to
transmit data whose contents infringe the rights of third parties (e.g. personal rights, rights to a name,
trademark rights, copyrights, etc.). In particular, contributions with criminal content may not
published or untrue facts are alleged.
You shall indemnify us against all claims asserted against us by third parties on account of such violations.
be asserted. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for securing the information sent. We cannot be held responsible for the
loss of the information you have sent, as we cannot be held responsible for any general
Assume data backup guarantee.
5.4 Form and handling of the data
Unless otherwise agreed, you shall provide us with the information necessary for your order, contributions
or data free of charge and in digital form. Should you request the return of these
documents, you must inform us of this in advance. If you fail to notify us accordingly
we reserve the right to destroy or delete them or to archive them for our database.
If we have doubts about the legality of the requested project, we can, after consultation
have an inspection carried out with you by a competent third party that you have to remunerate separately
5.6 Duty to cooperate
You are obligated to provide the cooperation services necessary for the contract so that we can
be able to perform the contractual service. In particular, you must inform us about your projects or websites/.
social media sites, so that we can take the appropriate measures to ensure success.
can be. You acknowledge the need to cooperate in your commissioned work to the extent that
you the data, files and other materials such as texts, images required for the fulfillment of the order,
illustrations, printed matter (brochures, flyers, etc.) or other media to us as promptly as possible and
free of charge. The obligation to cooperate can be waived for the period of processing the
Order also the assignment of access rights for existing social media, hosting and domain accounts
to us. Your cooperation in the planned project does not affect the agreed remuneration.
In particular, you do not acquire any joint copyright in the respective work.
You are obligated to disclose all information provided to you by us during the performance of the contract and / or
business and trade secrets that become known and information designated as confidential
to maintain secrecy. The obligation to maintain secrecy shall also apply for the time after termination of the order.
We also undertake to do this, unless the order requires us to pass on the data to third parties. It is us
e.g. expressly permitted to use the personal data entrusted to us within the scope of the
service provision or to have them processed by third parties. Within the scope of a
legal dispute, we are entitled to protect our interests even without prior release from the
Confidentiality entitles you to disclose your internal information. Confidentiality does not apply to
information that is generally accessible is published by the other party itself
or have become known from third parties.
5.8 Legal advice and review
We would like to point out that legal advice or examination is not part of our service.
and you need to hire a professional for this. In particular regarding the mandatory information for websites/
and to provide or enter the necessary documents themselves.
5.9 Industry-specific knowledge
We would also like to point out that we do not have any industry-specific knowledge about your project.
or your company and you should point out to us in advance all the points that are relevant to you.
Surveys, surveys or market research on user behavior for your planned
projects / your website / your social media profile are not carried out by us.
However, we always provide our services to the best of our knowledge and make use of the
generally available market research documents and information. A certain advertising success is
however, is not owed.
You agree that the services or works to be provided by us will not cause you to
intend illegal or immoral activities.
5.11 Abusive content
Abusive content will be deleted by us without notice or will not be included in our
Work integrated. Such content designs are given, for example, in the following cases:
- to the representation of injurious, obscene, threatening, insulting or in other way rights third
- Content glorifying violence, pornographic or otherwise offensive or punishable content
- for sending spam,
- to send and store viruses, worms, Trojans and malicious computer codes, files,
Scripts, agents or programs,
- to upload programs that are likely to disturb, interfere with or damage our operation
- with the attempt to gain unauthorized access to our service or to individual modules, systems
or applications or to grant them to third parties,
In case of recurring violations, we reserve the right to terminate the contractual relationship with you and/or
to withdraw from the contract. Payments already made can not be refunded in this case.
be. You shall compensate us for the damage incurred up to that point or for our futile expenses.
replace. The right to extraordinary termination remains unaffected.
6. retention of title
If you are an entrepreneur, the goods, works and materials delivered by us shall remain our property until the
complete fulfillment of all present and future claims arising from the
business relationship shall remain our property. With respect to consumers, only the delivered product remains from
the specific contract until full payment of the purchase price in our property. You have the
to treat the items subject to retention of title with care at all times. You relinquish any claim
or compensation you receive for the damage, destruction or loss of these items to us.
Unless otherwise agreed below, you are not entitled to sell, give away, pledge or assign by way of security the items delivered to you under retention of title.
6.2 Attachment and other impairments
If the item subject to the retention of title is seized or otherwise seized by third parties
you must notify us immediately so that an action can be brought in accordance with §771 ZPO.
can be made. Insofar as the third party is not in a position to bear the judicial and extrajudicial costs of a
action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), you shall be liable for the loss incurred by us.
If you are an entrepreneur, you are entitled to resell the reserved goods in the normal course of business.
business transactions. The claims of the purchaser from the resale of the
You hereby assign to us the goods subject to retention of title in the amount of the agreed final invoice amount (incl. the purchase price).
value added tax). This assignment shall apply irrespective of whether the object of sale is sold without or after processing.
has been resold. You shall remain authorized to collect the claim even after the assignment.
The authority of us to collect the claim ourselves remains unaffected. We shall, however, collect the
not collect the receivable as long as you meet your payment obligations from the proceeds collected.
are not in default of payment and, in particular, have not filed an application for the opening of a
insolvency proceedings have been filed or payments have been suspended.
6.4 Transformation, treatment and processing
Insofar as you are an entrepreneur, the processing or transformation of the object of sale shall be carried out by you.
always in the name and on behalf of us. In this case, your expectant right to the object of sale shall be settled in
of the transformed object. If the object of sale is combined with other objects that do not belong to us, the
processed, we shall acquire co-ownership of the new item in the ratio of the objective value of the
purchase item to the other processed items at the time of processing. The same shall apply in the event
the mixing. If the mixing takes place in such a way that your object is to be regarded as the main
is, it shall be deemed agreed that you transfer co-ownership to us on a pro rata basis and that the resulting
hold sole ownership or co-ownership in safe custody for us. To secure the claims against you, you assign
also assign to us such claims as may accrue to you through the combination of the goods subject to retention of title with a
property against a third party; we accept this assignment already now.
6.5 Take back
In the event of any breach of contract by you, in particular in the event of default in payment, but also in the event of the
application for insolvency proceedings against your assets, we are entitled to take back the item.
In this case, taking back the item does not constitute a withdrawal from the contract, unless we declare this.
expressly in text form.
6.6 Release of collateral
If the value of the collateral exceeds the value of the secured claims by more than 15 percent, we are
we are obliged to release securities at your request.
7. copyright and rights of use
7.1 Rights of use and scope of use
We have the copyright to the works created by us (e.g. also concepts and drafts) resp.
that exclusive right of use or ownership. With the acquisition of the
services/works and full payment of the agreed price, you merely secure the rights to use the service product/work for the agreed purpose, but do not acquire any rights to it.
Property Rights or Copyrights.
You are not entitled to use the rights of use granted by us without our express consent.
to transfer them to third parties against payment or free of charge or to pass them on to third parties in any other way. The
The transfer of further rights of use can be agreed separately with us and is to be paid separately.
remunerate. Likewise, without express permission, it is prohibited to modify the works or to
7.2 Backup copies
You are entitled to make back-up copies for your own personal use only of the documents created by us on your behalf.
To make and keep works.
7.3 Copyright designation
To the extent that we have included a copyright notice/copyright notice on our work, you may
not remove or modify it without our consent.
We reserve the right for any violation of the contractual license terms,
especially in the case of copyright infringement, to claim the damage incurred.
7.5 Your templates and third-party material
If we use your templates or data for processing, you have to ensure that
they are not encumbered with third-party rights or you have the necessary rights of use.
If a claim is made against us by the licensor because the third-party licensed material was not properly
you shall be liable to compensate us for any damage resulting therefrom.
8. reference right
We grant ourselves the right to use on the services and works offered by us to
or to name you as a reference. We also reserve the right to use services rendered such as
Use designs, even if based on your artwork, for presentation purposes,
in particular to include it in a reference list for advertising purposes and to set corresponding links.
You have the right to object to this.
9. warranty for contracts for work and services
9.1 Warranty claim
There are statutory warranty rights. If the work is defective and you demand subsequent performance,
we may, at our discretion, remedy the defect or produce a new work. If defects are also
not remedied after at least two attempts to remedy the defect, you shall be entitled to
Withdrawal or reduction.
9.2 Rights in case of insignificant defect
In the event of an insignificant defect, you shall have the following rights, to the exclusion of the right of withdrawal
The Supplier shall only be entitled to a reasonable reduction of the agreed remuneration for the work.
9.3 Compensation for defects
No liability is accepted for damage resulting from improper handling or use.
warranty. The following disclaimer is expressly referred to.
9.4 Transfer of risk
The risk of accidental loss or deterioration of the work shall be transferred to the
The warranty shall only be transferred to you upon acceptance of the work.
Should you realize that the outer packaging arrives damaged or after receipt of the goods
you notice any damage, we ask you to report it. However, there is neither an obligation
to such notice, nor shall failure to give such notice affect the warranty rights of the
of the consumer is affected.
Warranty claims shall become statute-barred within one year after the transfer of risk, insofar as it is a matter of
the construction of a building or a work, the success of which lies in the provision of planning or design services.
monitoring services for this purpose. In these cases, the limitation period is five years. The
Shortening of the statute of limitations expressly does not exclude liability for damages arising from the violation of the
life, body or health or in the event of intent or gross negligence. Also
the provisions of the Product Liability Act shall remain unaffected.
10. social media channels
We expressly draw your attention to the fact that the providers of "social media channels" (e.g. Facebook) es
remove or reject. These are therefore not obliged to provide information and content to their users
or to make them accessible. It may therefore be the case that advertisements and appearances
removed without cause. In the event of a complaint, these providers do concede the right to
counterstatement, but the content or information will be removed anyway. The recovery of the
lawful and original condition may therefore take some time. With our
However, we have no influence on the design of these conditions, which may also change continuously.
We always perform our work to the best of our knowledge and belief. Through the possibility of each
User to claim infringement and have content and information deleted accordingly,
However, we cannot guarantee that they will be available or retrievable at all times.
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence.
negligence. Insofar as essential contractual obligations (i.e. those obligations whose observance is essential for the
of particular importance to the achievement of the purpose of the contract) are affected, light
negligence. The liability is limited to the foreseeable, contract-typical damage.
Damages. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non
essential contractual obligations only to the amount of the foreseeable, contract-typical damage.
11.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life,
of the body or health. The provisions of the Product Liability Act shall also remain unaffected by this.
11.3 Data backup
We carry out effective data backups as part of the service provision, but take over
no general data protection guarantee for the data transmitted by you. You are also responsible for
responsible to create appropriate backups of your data at regular intervals and thus avoid a
prevent data loss. When providing the agreed service, we shall allow the appropriate
We will exercise due diligence and provide data backup with the required expertise. We back up
However, we cannot guarantee that the stored content or data you access will not be inadvertently
damaged or falsified, lost or partially removed.
11.4 Liability for contents
We are not liable for your incorrect information/content in your posts or files. A review of the
(in particular with regard to the infringement of third party rights, the correctness of factual or legal information).
advertising statements) does not take place. However, should we learn of any erroneous, inaccurate or misleading
or illegal content, we will check it immediately and remove it if necessary.
Furthermore, we do not assume any liability for the accuracy, timeliness, completeness, quality or
Legality of the content not entirely created by us. We only feed your content/contributions/.
11.5 Commissioning of third parties
We are not liable for orders with third parties that are made in your name and on your account. In this case
we act only as an intermediary. The contractual relationship is between you and the third party.
12. data protection
Data collected and processed by us within the scope of the conclusion and execution of the contract
personal data serve exclusively the contract justification, content arrangement,
Implementation or processing of the contractual relationship (Art. 6 I b DSGVO). They are basically
not passed on to third parties. Only for the fulfillment of the contract, the data will be passed on to the company responsible for the delivery.
to shipping companies, insofar as this is necessary for the delivery of ordered goods.
For the processing of payments, the payment data required for this purpose will be passed on to the company responsible for the payment.
and, if applicable, the payment service provider commissioned and selected.
Personal data is therefore only used to the extent necessary or insofar as we are able to
are required to do so by law or court order or, if necessary, to prevent an abusive
use contrary to the General Terms and Conditions in a lawful manner.
We store your personal data after the termination of the purpose for which the data was
only for as long as this is required by law (in particular tax law).
regulations is required.
12.3 Your rights in relation to your data
You can request information from us about whether we have collected personal data from you
and insofar as this is the case, you have a right of access to these personal data.
data and to the further information mentioned in Art. 15 DSGVO.
12.3.2 Right to rectification
You have the right to have inaccurate personal data concerning you corrected; and
may request the completion of incomplete personal data pursuant to Art. 16 DSGVO.
12.3.3 Right to deletion
You have the right to request that the personal data concerning you be
deleted without delay. We are obliged to delete them immediately, in particular if
one of the following reasons applies:
- Your personal data is not to be used for any purpose for which it was collected or otherwise used.
have been processed, are no longer necessary.
- You revoke your consent on which the processing of your data was based and there is a lack of
any other legal basis for the processing.
- Your data has been processed unlawfully.
The right to deletion does not exist insofar as your personal data is used for the assertion,
exercise or defense of our legal claims.
12.3.4 Right to restrict processing
You have the right to request that we restrict the processing of your personal data.
- you dispute the accuracy of the data and we therefore verify the accuracy,
- the processing is unlawful and you object to the erasure and instead request the
Require restriction of use
- we no longer need the data, but you wish to use them for the assertion, exercise or
defense of legal claims,
- you have objected to the processing of your data and it has not yet been determined whether
our legitimate reasons outweigh your reasons.
12.3.5 Right to data portability
You have the right to have the personal data concerning you that you have provided to us in
in a structured, common and machine-readable format and you have the right to receive these
data to another controller without hindrance from us, provided that the processing is
based on consent or a contract and the processing is carried out by us with the help of automated
procedure takes place.
12.3.6 Right of revocation
Insofar as the processing of your personal data is based on consent, you have the right to
revoke this consent at any time.
12.3.7 General and right of appeal
The exercise of your above rights is in principle free of charge for you. You have the right to contact
complaints directly to the supervisory authority responsible for us under data protection law.
12.4 Responsible party / contact for data protection
To contact us regarding data protection, please feel free to contact us using the
following contact options. Responsible person in the sense of the DSGVO:
Mr. Pascal Bajorat
E-mail: [email protected]
Phone: +49 (0)30 / 3472 7905
13. final provisions
Our registered office shall be the exclusive place of jurisdiction for all legal disputes arising from this contract.
agreed, provided that you are a merchant, a legal person under public law or a public-law entity.
special assets or if you do not have a place of jurisdiction in the Federal Republic of Germany.
13.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German
law, excluding the UN Convention on Contracts for the International Sale of Goods, shall be deemed agreed.
13.3 Consumer Dispute Resolution Procedure
The EU Commission has set up an Internet platform for the online settlement of disputes concerning
contractual obligations arising from online contracts (ODR platform). You can use the ODR platform
reach at the following link: http://ec.europa.eu/consumers/odr/. We are not ready and not
obliged to participate in a dispute resolution procedure before a consumer arbitration board.
13.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.
Terms and conditions do not.