These general terms and conditions apply to all business relationships between Kania Brothers GmbH & Co. KG (hereinafter referred to as agency) and its clients in the version valid at the time the contract was concluded. Conflicting general terms and conditions of the customer are hereby expressly contradicted.

1. Conclusion of contract and order processing

a) Contracts with the agency must be in text form. This also applies to changes and additions, including a change to this text form clause itself.
b) The placing of orders, including the placing of additional orders and changes to services already commissioned, which are not based on an offer from the agency in text form, only become binding with a corresponding confirmation from the agency. Changes or additions requested by the client are only to be fulfilled by the agency if they are technically feasible and technically and economically reasonable for the agency. It is the customer’s responsibility to bring about the change in the performance obligations within the framework of a contract change. The agency is to be reimbursed for the additional work required as a result of a change/supplement to the service. This also applies to the examination, which goes beyond a minor extent, as to whether and under what conditions the change or addition can be carried out.
c) The presentation of the agency’s services is non-binding. The client reserves the right to deviate from information in presentations that is reasonable.
d) If the agency’s services consist of the production of a work, the client has the right to terminate the contract in accordance with Section 648 of the German Civil Code. If the contract between the parties relates to the ongoing provision of services, these contracts can be terminated by either party with a notice period of one month to the end of a calendar month, unless otherwise agreed. The right to termination without notice for good cause for both parties remains unaffected. However, a lack of economic success of the measures proposed and/or implemented by the agency does not constitute a reason for termination.
e) If the client does not object in text form, the agency is entitled to name the client as a reference after completion of the order and to state this on its website. The client can revoke his consent at any time without giving reasons.

2. Customer’s obligations to cooperate

a) The client undertakes to support the agency actively and in the best possible way in the provision of services, in particular by providing it in good time and free of charge – the information, documents and materials necessary for the execution of the contract, including access data, as well as the requested content and content elements in in a form suitable for immediate use – grants the agency and its vicarious agents access to any contractual systems and facilities, in particular hardware and software, and maintains their functionality during the execution of the contract – ensures regular, sufficient and proper backup of the data – even for the legally secure design of content, e.g. in relation to imprint, cancellation policy,data protection declaration, product descriptions, etc. and ensures compliance with the rules of conduct and examination requirements that apply to him
b) If the customer does not meet his obligations to cooperate despite being asked to do so, any binding contractual deadlines will be extended accordingly and appropriately. Further claims of the agency, in particular for reimbursement of additional costs and the right to withdraw, remain unaffected.

3. Retention of Title, Intellectual Property Rights

a) The services provided by the agency remain the property of the agency until all liabilities from the business relationship have been paid in full.
b) Unless otherwise agreed, the statutory rights to the services provided by the agency, such as concepts, ideas, drafts and their implementation, remain with the agency in all forms of presentation. This is entitled to use all services provided within the scope of its business operations for other purposes and for orders from third parties, provided they do not contain any personal data of the client. The client’s consent is not required.
c) With the complete payment of a service, only the rights of use and these only to the extent of the offer and the order confirmation are transferred to the client. Any other use of the agency’s services is only permitted with the express consent of the agency. The agency can make this dependent on additional remuneration.

4. Terms of Delivery, Default

a) Specified delivery/service dates are only binding if this has been expressly agreed.
b) If non-compliance with such binding contractual deadlines is due to force majeure or similar circumstances for which the agency is not responsible, such as e.g. B. a strike, the failure of technical systems through no fault of their own, disruptions to the Internet, the non-issuance of necessary permits or problems with products or services of third parties through no fault of their own, as well as a lack of cooperation, change requests or other circumstances from the sphere of the client, the deadlines are extended appropriately .

5. Prices and terms of payment

a) All prices quoted do not include the applicable statutory sales tax.
b) If the order is not placed within a period of 6 weeks after submission of the offer, the agency has the right to post-calculation when the order is placed.
c) Partial services rendered can be invoiced by the agency after completion. If no separate agreements have been made, payment of the invoice amount must be made immediately. The payment of a (partial) service counts as acceptance.

6. Complaints and Warranty

a) The client is obligated to examine the works created, services rendered and partial services for obvious defects. These are to be reported to the agency within 7 days after completion of the service. Defects that become apparent later must also be reported to the agency within 7 days of detection.
b) In the event of a breach of the obligation to examine and give notice of defects, the subject matter of the service shall be deemed to have been approved with regard to the defect in question, unless the agency had fraudulently concealed the defect.
c) In the event of a timely and justified complaint, the agency has the choice of either repairing the item or delivering a replacement. In the case of two unsuccessful attempts at rectification, the client can demand a price reduction or withdraw from the contract.
d) If the client does not declare the overall acceptance immediately after completion of the agreed services, the agency can set him a period of 4 weeks to submit this declaration. If the customer does not state the reasons for refusing the overall acceptance in detail within this period, the overall acceptance is deemed to have taken place.
e) The warranty period is 12 months from the time of overall acceptance. Excluded from this are claims for damages due to injury to life, limb or health and/or claims for damages due to damage caused by the agency through gross negligence or intentionally.

7. Limitation of Liability

a) The agency is liable in cases of intent or gross negligence on the part of one of its representatives or vicarious agents in accordance with the statutory provisions. Otherwise, the agency is liable for culpable violation of essential contractual obligations or if the agency has fraudulently concealed the defect.
b) If the client himself commissions other service providers with tasks that belong to the service owed by the agency, the latter assumes no responsibility for the functionality of their service and for the fact that the third party can build their own services on their preliminary work. The agency is not obliged to support these service providers.
c) The agency is not responsible for examining legal issues, particularly in the area of copyright, competition and trademark law. The agency is therefore not liable for the legal admissibility of the content and/or the design of the work results. The agency is also not liable for factual statements about the client’s products and services contained in the advertising. The client is also responsible for checking the advertising measures with regard to the industry-specific competition regulations and the applicable laws.
d) If the agency is requested by third parties to cease and desist or to pay damages, etc., due to the design and/or content of the work result. claimed, the customer exempts the agency from liability.
e) The client is responsible for compliance with the data protection regulations with regard to his customer data. This also applies to compliance with the relevant provisions when designing its website. The agency only guarantees that the technical possibilities are provided to enable him to comply with the regulations, eg the deletion of the data.

8. Governing Law and Jurisdiction

a) German law applies to the contractual provisions. Unless otherwise agreed, this also applies to contractual relationships with foreign clients.
b) For all disputes that arise directly or indirectly from the contractual relationship, the place of jurisdiction is exclusively the court district responsible for the agency if the contractual partner is a registered trader.

9. Privacy

a) The name and address of the customer and all data required for order processing are stored in automated files. Insofar as this is necessary for order processing, the agency can also transfer the above-mentioned data to affiliated companies and/or third-party companies commissioned to process the order. By placing the order, the client declares his consent to this collection, processing and use of the data.
b) The client agrees that the published data can also be included in other electronic directories, used for information purposes and, if necessary, processed and changed, insofar as there is a connection with the concluded contract.
c) The client is aware that content published on the Internet is searched by search engines such as Google and others and that these search engines store, archive and sometimes publish the published content themselves. The agency is not responsible for such actions and requests for deletion and non-publication should be addressed to the operators of the search engines.
d) Insofar as the agency processes personal data on behalf of the client as agreed, the agency guarantees the following:
– The agency will only collect, process and use personal data for the client within the scope of Art. 6 GDPR to the agreed extent or according to the instructions of the client. Use for other purposes – including the agency’s own purposes – is not permitted. The data used is separated from other databases. Copies or duplicates are not made without the knowledge of the client.
– The agency observes the principles of proper data processing and guarantees the data security measures required by law (so-called “technical and organizational measures”). This includes, in particular, internal and external access control with regard to the recorded data stocks.
– The agency ensures that the data is protected against unauthorized processing by appropriate organizational measures within the scope of what is technically possible, that access to the data processing systems is restricted to the necessary group of people by means of appropriate locking technology and authorization, and that appropriate technical security systems are used According to the recognized rules of technology, no unauthorized access from outside is possible.
– The agency will point this out to the client if it believes that an instruction from the client violates data protection regulations.

10. Final Provisions

The ineffectiveness of individual conditions does not affect the validity of the rest of the contract. If possible, an ineffective clause should be replaced by a supplementary interpretation that comes as close as possible to the original purpose; if this does not succeed, the statutory provisions apply.