General Terms and Conditions of TAKTZEIT GmbH.

The following terms and conditions apply with immediate effect to all services, unless terms and conditions that deviate from these have been expressly agreed in writing. Any counter-confirmations by the client with reference to its terms and conditions are hereby rejected. These terms and conditions also apply to all future transactions. In the following, the agency TAKTZEIT GmbH – Marketing Kommunikation is referred to as "Agency TAKTZEIT".

1. Offers and prices
All offers made by TAKTZEIT Agency are subject to change. Orders only become binding for TAKTZEIT Agency once they have been confirmed in writing by TAKTZEIT Agency. Prices are exclusive of VAT. Unless otherwise stated, the prices quoted are based on the following conditions:
a) Logos and symbols shown are provided by the client as finished, ready-to-process lithographs or data (vector data if possible).
b) In the case of photo shoots, all materials, equipment, and accessories to be photographed must be delivered free of charge and on time.
c) All photo calculations for an advertising medium refer to execution at a location within the Federal Republic of Germany with a service expenditure of one working day, unless otherwise specified in the respective service description.
d) All lithography work is calculated without additional image processing and without cropping.
e) Postage fees will be charged separately at cost price.
Additional agreements will be charged separately. A corresponding offer will be submitted to the client in advance for approval.

2. Placing of orders
Orders placed are considered firm orders upon receipt of the order confirmation, unless the order confirmation is immediately rejected. The dates specified in the order confirmation are binding for both parties and cannot be changed unilaterally without the consent of the other contracting party. If downtime occurs due to circumstances for which the client is responsible, this will be charged to the client. This also applies to the interruption and premature termination of an order if the cause is not attributable to the TAKTZEIT agency. The placement commitments for all media only become legally binding for the TAKTZEIT agency once binding confirmation has been received from the relevant advertising media. Packaging and shipping costs are borne by the client. For deliveries to the TAKTZEIT agency, the client shall bear the freight and postage costs free of charge to the TAKTZEIT agency.

4. Right of use
The client shall use the services provided by the TAKTZEIT agency exclusively for the previously agreed purpose. Any use beyond this must be agreed in writing in advance and regulated by contract for copyright reasons. Concepts, strategies, and systems provided by the TAKTZEIT agency are always created for a legally independent company. Use by affiliated and associated companies must be regulated separately by contract.

5. Payment
Unless another payment method has been agreed, the invoice amount is due net within 14 days of the invoice date, regardless of any complaints that may be raised. If the payment deadline is exceeded, default interest of at least 2% above the respective Lombard rate of the German Federal Bank may be charged, unless the TAKTZEIT agency can prove higher damages. The TAKTZEIT agency may charge an advance payment of up to 50% of the order value for all services. External costs may be charged as a complete advance payment. 6. Warranty The services provided by the TAKTZEIT agency are generally based on the client's specifications and briefings. The client is solely responsible for errors, misunderstandings, and changes that are attributable to incorrect or incomplete information provided by the client. The client indemnifies the TAKTZEIT agency against all possible claims by third parties, provided that the service giving rise to the claim is based on the templates provided by the client. The TAKTZEIT agency shall regularly submit interim results, drafts, and proposals to the client, which the client shall review, approve, or correct immediately within a reasonable period of time specified by the TAKTZEIT agency. If the client exceeds the time limit without prior written agreement with the TAKTZEIT agency, the client shall be liable for all damages resulting from the delay. Defects in the services provided by the TAKTZEIT agency must be reported in writing immediately after they become known. Otherwise, warranty claims are excluded. This exclusion does not apply outside of commercial transactions in the case of non-obvious defects. Regardless of the respective legal regulations, the TAKTZEIT agency has the right to rectify its services. Only after three failed attempts at rectification will the client's statutory warranty claims be reinstated.

7. Liability
The TAKTZEIT agency is liable for negligence in the performance of the service to be provided up to the amount of the invoice for the order in question. Further claims for damages arising from breach of contract, breach of duties in contractual negotiations, and tort, as well as further warranty claims, are excluded. In commercial transactions, claims for damages arising from impossibility and delay are also excluded. In non-commercial transactions, they are limited to the invoice amount of the order in question. The above exclusion and limitation of liability shall not apply if the TAKTZEIT agency is guilty of intent or gross negligence. In commercial transactions, the TAKTZEIT agency is not responsible for the intent and gross negligence of vicarious agents, provided that their fault does not relate to the main content of the contract. In all other cases, liability for gross negligence in commercial transactions is limited to the amount of damage foreseeable at the time the contract was concluded. The TAKTZEIT agency does not undertake any legal review of the texts, designs, and measures it creates. These reviews are carried out by the client through its own legal advisors.

8. Exclusion of competition
The TAKTZEIT agency does not accept any regulations on the exclusion of competition and is expressly entitled to work for the same and similar products and manufacturers.

9. Data protection
The provisions of the Federal Data Protection Act apply to all orders. The TAKTZEIT agency ensures the confidential treatment of the documents and information provided by the client in accordance with the usual working practices of advertising agencies.

10. Place of performance and jurisdiction
The place of performance and, to the extent permitted by law, the exclusive place of jurisdiction for all disputes arising directly from the contractual relationship is the location of the TAKTZEIT agency.

11. Self-promotion
By placing an order, the client expressly grants TAKTZEIT the right to use the services performed for them as a reference and for self-promotion.

12. Severability clause
Should any provision in these terms and conditions be or become invalid, this shall not affect the validity of all other provisions. © 2004 – 2019 – TAKTZEIT GmbH – Marketing Communication.