Terms & Conditions
1. GENERAL
1.1 These General Terms and Conditions (GTC) apply to all contracts entered into between abnorm media and its clients.
1.2 abnorm media GmbH offers its customers, among others, web development / software services (including maintenance and updating), such as the production of printed products and SEO marketing services. The specific scope of services is the subject of individual agreements between abnorm media GmbH and its customers.
1.3 abnorm media GmbH does not enter into contracts with consumers or individuals.
1.4 abnorm media GmbH owns the right, by name and on its own account, to subcontract the necessary services to companies which in turn can also subcontract such services. abnorm media GmbH remains the sole contractual partner of the customer. Outsourcing of services will not take place if abnorm media GmbH considers that their use is against the legitimate interests of its customers.
1.5 The contracting parties undertake to establish a contact person, who will be responsible for monitoring the progress of this agreement and will be authorized to submit legally binding declarations of will.
1.6 The Terms and Conditions that are used by the client and that do not coincide with these General Terms and Conditions, will not be recognized by abnorm media GmbH, being subject to express consent.
2. CLIENT OBLIGATIONS
2.1 The customer is responsible for ensuring that the texts, images or other content provided to abnorm media GmbH do not violate the rights of third parties (eg copyright) or other legal regulations. In this context, it is reported that abnorm media GmbH has no right to provide legal services to the client. In particular, abnorm media GmbH is not obliged and cannot legally verify the compatibility with the applicable law of the client's business model, its created or acquired works (designs, texts, graphics, etc.). abnorm media GmbH will not carry out any search for trademarks or other collateral conflicts of rights in the works made available by the client. In this context, the client will be solely responsible for his instructions regarding the work to be carried out.
2.2 The client is obliged to communicate information, data, works (eg data for the legal notice, graphics, etc.) and any access provided in a complete and correct way in order to fulfill the project. You must also ensure that the instructions comply with applicable law.
2.3 The customer is responsible for the acquisition of the website design material / software (such as graphics, videos, etc.) and for providing this information to abnorm media GmbH in a timely manner. If the customer does not provide this information and does not make further specifications, abnorm media GmbH may, at its own discretion and in accordance with copyright labeling regulations, use material from established vendors (such as stock photography services) or post the corresponding parts of the website / software with a spacer.
2.4 If it is necessary to include a contract processing agreement in accordance with Art. 28 of the RGPD (General Data Protection Regulation) for individual parts of the project, both parties agree to close said contract which will be submitted by abnorm media GmbH before from the beginning of the provision of the service.
2.5 abnorm media GmbH will not be liable in any way to the customer in the event of delays in implementation resulting from late (and indispensable) cooperation on the customer's part.
2.6 In the event of non-compliance by the customer under this section, abnorm media GmbH reserves the right to charge the customer for additional costs incurred (eg stock photographic material and the time spent searching for it).
3. CREATION OF WEBSITES / SOFTWARE USING AGILE METHODS
3.1 This paragraph applies to website / software creation with the help of agile methods (without specifying detailed requirements in text). If no deviating individual agreements have been made, the website / software is built on the basis of agile methods. SEO optimization should only be performed if it has been expressly agreed.
3.2 The object of the website / software creation contracts between abnorm media GmbH and its customers is the development of new websites / software or the expansion of existing websites / software (for example, integration of new application programming interfaces or programming of new applications online) taking into account the technical and / or design specifications of the client. The website creation / software contracts concluded between the parties are employment contracts under sections 631 and subsequent of the German Civil Code (German Bürgerliches Gesetzbuch or BGB).
3.3 The individually agreed services are the result of the contract between abnorm media GmbH and the customer. For this purpose, the client will provide abnorm media GmbH with information as accurate as possible regarding the content of the desired website / software (the client must specify and provide design content such as images, layout, logos and the like). This request represents an invitation to submit an offer by abnorm media GmbH. abnorm media GmbH will examine and interpret the client's ideas described in the application to the best of its knowledge and belief to determine the completeness, appropriateness, uniqueness, feasibility and consistency of the project and will express its willingness to submit an offer. Only through the express acceptance of the offer by the client will a contract be concluded between both parties.
3.4 Verification and acquisition of rights, acquisition of tools (eg statistics), certificates (eg SSL / TLS) or development documentation, applications or other documentation will only be provided by abnorm media GmbH to the extent expressly agreed in the individual contract by the parties.
3.5 The client will have full right at all times to access the development page and send requests, as long as they are covered by the scope of the contracted services. Such adjustments will become an integral part of the original contract if both parties agree to it in writing (email, fax, etc.). abnorm media GmbH is only obliged to produce the functions / positions specified in the contract or to provide the agreed service (eg maintenance). Any additional services must be agreed and paid for separately.
3.6 Upon completion of the requested project, abnorm media GmbH will ask the customer to accept the project.
3.7 It is a prerequisite for the activity of abnorm media GmbH that the customer provides all the data necessary for the implementation on the website / software (texts, templates, graphics, etc.) in an adequate and complete way before the start of said website /software. If the customer does not comply with this obligation, abnorm media GmbH may charge the customer for the time resulting from such delay.
3.8 After completing and accepting the website / software, or individual parts thereof, the customer will receive from abnorm media GmbH via email, if they exist and it is agreed in the contract, all graphic data, source codes, documentation and / or manuals of the modules used (from third parties) and even development documentation.
3.9 The remuneration for the creation of the website / software is the subject of an individual contractual agreement between both parties. In addition, current legal provisions apply.
3.10 If the customer does not use hosting provided by abnorm media GmbH for the new website / software, but rather external providers, abnorm media GmbH assumes no responsibility for the said servers and their configuration, data lines and / or accessibility to the website. /software.
4. SPECIAL PROVISIONS FOR THE MAINTENANCE OF WEBSITES / SOFTWARE
4.1 By completing the website / software and / or any individual part of it, abnorm media GmbH can provide the customer with maintenance and care related to the website / software. abnorm media GmbH may also provide third-party software / website maintenance. However, neither abnorm media GmbH is obliged to this offer nor the customer to contract these additional services. The corresponding agreements are the exclusive object of individual contracts.
4.2 The content of the maintenance contracts is the elimination of malfunctions as well as the updating of the website / software for the usual web browsers in its current version. More details, such as regular maintenance, can be agreed in an individual contract if required.
4.3 For proper maintenance, the contents to be maintained must be compatible with the systems of abnorm media GmbH. Compatibility may be affected, in particular, by outdated components of the content that must be maintained or by arbitrary changes by the customer. If compatibility is not guaranteed, the customer must establish it independently (eg through appropriate updates) or must entrust the task to abnorm media GmbH to achieve compatibility.
4.4 abnorm media GmbH is not liable for malfunctions and incompatibilities caused by arbitrary customer changes or other errors that are not the responsibility of abnorm media GmbH; the regulations of the section? Liability and Indemnification? they are not affected.
4.5 Unless otherwise agreed, maintenance only includes technical updates, but not content updates. abnorm media GmbH is not responsible for updating the legal notice or the data protection policy.
5. WEB HOSTING AND DOMAIN REGISTRATION
5.1 abnorm media GmbH also offers its clients domain registration and hosting services as an additional option to website / software creation. The specific scope of these services (domain registration, storage space, certificates, etc.) is subject to individual agreements between both parties. abnorm media GmbH is entitled to use third party services in any way in connection with the performance of data hosting services.
5.2 Unless otherwise agreed, if abnorm media GmbH is contracted to act as host, abnorm media GmbH will take over the administration and management of the data. Mainly, the client does not have access to the administration backend of the abnorm media GmbH hosting system.
5.3 The availability of access to the servers used by abnorm media GmbH for hosting data is at least 97% per year. Exceptions are those times when the servers cannot be accessed due to events outside the scope of abnorm media GmbH (force majeure, acts of third parties, technical problems, etc.).
5.4 Unless otherwise agreed, the client cannot demand the assignment of a fixed IP for their presence on the internet. Technical or legal changes are possible at any time and are reserved.
5.5 Does the client undertake not to transmit their passwords and other access data? if provided by abnorm media GmbH -, to third parties and to change them from time to time. The customer is responsible for any misuse by third parties to the extent that they are responsible for them.
5.6 The client is obliged to make periodic backup copies of their hosted data. If the customer is not in a position to do so, he must delegate the creation of backup copies to abnorm media GmbH or a professional third party. The customer is responsible for any data loss due to a lack of data backup.
5.7 If the customer makes use of the domain registration services of abnorm media GmbH, the following also applies:
5.7.1 The contractual relationship for domain registration is established directly between the client and the respective domain issuer. abnorm media GmbH acts between the client and the contracting registration agency solely as a mediator, without having any influence on the transfer of the domain.
5.7.2 The customer is fully responsible for ensuring that the domain he wishes does not violate third party rights. abnorm media GmbH does not perform a domain review.
5.7.3 For domain registration, the respective terms and conditions of domain issuers also apply. abnorm media GmbH will inform the customer of any special features regarding his registration.
6. PRINTED
6.1 The purpose of the design contracts in the area of printing between abnorm media GmbH and its customers is primarily the development of customer design specifications for these products (such as the design of banners, tarpaulins, posters, flyers, vehicle stickers or shop windows, textiles or logo drafts). The design contracts concluded between the parties are employment contracts under articles 631 et seq. Of the German Civil Code (German Bürgerliches Gesetzbuch or BGB). A different scope of service may be agreed between the parties individually.
6.2 The agreed services result from an individual agreement between abnorm media GmbH and the customer. For this purpose, the customer will consult abnorm media GmbH with a description of the desired design services in the printing area as precisely as possible. This request constitutes an invitation to submit an offer by abnorm media GmbH. abnorm media GmbH will examine and interpret the client's ideas described in the application to the best of its knowledge and belief to determine the completeness, adequacy (with the exception of legal suitability, in particular with regard to third party rights), uniqueness, feasibility and coherence of the project and express your willingness to submit an offer. After checking for clarity, feasibility and the absence of contradictions, abnorm media GmbH will make an offer based on the customer's request. Only through the express acceptance of the offer by the client will a contract be concluded between both parties.
6.3 Upon acceptance of the service, the customer's requirements and specifications will be discussed in another report if necessary. Only at this time can the client submit any request as long as it is covered by the scope of the original agreed services. If necessary, there is the possibility of informing before proceeding to the manufacture of the product. Adjustments will become part of the original contract if both parties agree to it in writing. abnorm media GmbH is only obliged to produce the items listed in the contract. Any additional services must be agreed and paid for separately.
6.4 Upon completion of the requested project, abnorm media GmbH will request acceptance of the project from the customer.
6.5 Unless otherwise agreed, the customer is entitled to two correction cycles. Claims regarding the artistic design are excluded. If the client wishes to make more changes, he must bear the additional costs.
6.6 It is a prerequisite for the activity of abnorm media GmbH that the customer provides all the data necessary for the implementation on the website / software (texts, templates, graphics, etc.) in a suitable and complete way before the start of said activity. Any delays and delays in the implementation of the project due to late receipt by the customer will not be the responsibility of abnorm media GmbH. If the customer does not comply with this obligation, abnorm media GmbH may charge the customer for the time resulting from such delay.
6.7 Remuneration is the subject of an individual contractual agreement between the parties. In addition, current legal provisions apply.
6.8 Unless otherwise agreed and the purpose of the contract is not otherwise, when producing printed products, in addition to the contractually agreed service elements, abnorm media GmbH must only deliver a printed file (e.g. PDF, JPG or PNG). The customer is not entitled to the delivery of an editable file (eg Word).
7. SEO-MARKETING
abnorm media GmbH offers its customers, among others, services in the field of SEO marketing. In the context of the provision of services, abnorm media GmbH will only undertake to implement measures which, according to its own experience, may positively influence the search engine ranking or ranking or what the customer explicitly requests. This represents a service in articles 611 and following of the German Civil Code (in German Bürgerliches Gesetzbuch or BGB). A certain result (eg a specific position in a Google results list) is due in the context of SEO services only if it is expressly guaranteed. Marketing services can be canceled by both parties with a notice period of one (1) month.
8. PRICES AND REMUNERATION
The remuneration for the creation of the website / software and / or online store or other works is subject to the individual contractual agreement between the parties, and is generally based on the offer presented.
9. ACCEPTANCE
Insofar as a project has been agreed, abnorm media GmbH may require that the acceptance of the project be made in writing; Such written acceptance is only mandatory if abnorm media GmbH requests the customer to do so. The acceptance provisions of the German Civil Code (BGB) are not affected. The acceptance period within the meaning of article 640, paragraph 2, sentence 1 of the German Civil Code (in German Bürgerliches Gesetzbuch or BGB) is set at 2 weeks (14 calendar days) from the notification of the completion of the project, unless a longer period is required in individual cases due to special circumstances, in which abnorm media GmbH will notify the customer separately. If within this period the client does not issue comments or does not reject the acceptance due to a defect, the project will be considered as accepted.
10. GUARANTEE
A minor defect does not justify a fault claim. The choice of the type of compensatory benefit is the responsibility of abnorm media GmbH. The limit period for submitting defects or other claims is one (1) year. This limitation does not apply to claims arising from gross negligence, serious physical injury, health or physique on the part of abnorm media GmbH. The limitation period does not start again if a replacement delivery is made within the scope of liability for defects. Otherwise, the statutory warranty for defects will not be affected.
11. PERIOD FOR THE CONTRACT OF CONTINUING OBLIGATIONS
Subject to different provisions inside and outside these terms and conditions, ongoing obligations (eg maintenance contracts) have a minimum duration of 12 months. The notification period is 3 months. If the contract is not terminated before the end of the term, it will be automatically extended for another 12-month period. The right to extraordinary termination will not be affected.
12. GRANT OF RIGHTS, SELF-PROMOTION AND RIGHT OF MENTION
12.1 abnorm media GmbH grants the customer, after full payment of the work by the customer, a simple right of use without the right of reproduction in the results of the work and / or respective source code at the time of its creation. Additional rights can be agreed between the parties through an individual contractual agreement.
12.2 Unless otherwise agreed, the customer gives express permission to abnorm media GmbH to publicly present the project, appropriately, for the purpose of self-promotion (references / portfolio). In particular, abnorm media GmbH has the right to advertise the business relationship with the customer and to refer to himself as the author of all created advertising materials and all advertising measures, without the customer having the right to request remuneration for this.
12.3 Furthermore, abnorm media GmbH is entitled to place its name with links appropriately in the footer and in the legal notice of created websites / software without the customer having the right to request remuneration for this.
13. CONFIDENTIALITY
abnorm media GmbH will process all business processes of its knowledge, in particular data for printing, layouts, storyboards, graphics, figures, drawings, audiotapes, images, videos, DVD, CD-ROM, interactive products and other documents that contain videos and / or audios and / or other copyrighted materials of the client or its affiliated companies, strictly confidential. abnorm media GmbH undertakes to impose confidentiality obligations on all employees and / or third parties (eg suppliers, graphic designers, programmers, audiovisual producers, audio studios, recording studios, etc.) who have access to business processes before mentioned. The confidentiality obligation applies indefinitely beyond the duration of this contract.
14. LIABILITY / INDEMNITY
14.1 The liability of abnorm media GmbH for all damages is limited as follows: in case of slightly negligent breach of an essential contractual obligation (? Fundamental obligation?), Abnorm media GmbH bears the amount limited to foreseeable and typical damage at the time of the conclusion of the contract. The fundamental obligations are those obligations whose fulfillment allows the correct execution of the contract in the first place and in its fulfillment a party can regularly rely. This limitation of liability shall not apply in the case of gross negligence or willful misconduct or in the case of compulsory legal liability, in particular in the case of assumption of a guarantee or in cases of damage to life, physical or health. The above liability regulation also applies with regard to the liability of abnorm media GmbH for its appointed agents and legal representatives.
14.2 The customer exempts abnorm media GmbH from any third party claims, which are brought against abnorm media GmbH due to customer violations against these terms and conditions or applicable law.
15. FINAL PROVISIONS
15.1 The contracts concluded between abnorm media GmbH and the customer are subject to the substantive law of the Federal Republic of Germany, to the exclusion of the UN Sales Convention.
15.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree to have the seat of abnorm media GmbH as the place of jurisdiction for all disputes derived from this contractual relationship; exclusive jurisdictions remain unaffected.
15.3 abnorm media GmbH is entitled to modify these terms and conditions for objectively justified reasons (eg changes in jurisprudence, legal situation, market conditions or corporate business strategy) and within a reasonable period of time. Existing customers will be notified by email a minimum of two weeks before the change takes effect. If the existing client does not object within the time limit established from the notification of the intended change, his consent will be considered as granted. In case of objection, abnorm media GmbH has the right to extraordinary termination of the contract at the time of the effective date of the change. The notification of the planned change in these terms and conditions will indicate the time limit and the consequences of the objection or the lack of this information.
