Information according to § 5 TMG:
BRANDS FOR CHARACTERS Ltd.
Ulmer Str. 300
70327 Stuttgart, Germany
Phone: 0711 219 54 861
Entry in the commercial register.
Register court: Local court Stuttgart
Register number: HRB 750014
Value added tax ID:
Sales tax identification number according to §27 a sales tax law:
Local Court Stuttgart
Disclaimer of liability:
Liability for contents
As a service provider we are responsible according to § 7 Abs.1 TMG for our own contents on these pages according to the general laws. According to §§ 8 to 10 TMG, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a concrete violation of the law. As soon as we become aware of such infringements, we will remove these contents immediately.
Liability for links
Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal infringements at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of law. We will remove such links immediately upon becoming aware of any violations of the law.
The contents and works on these pages created by the site operators are subject to German copyright law. Duplication, processing, distribution and any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. As soon as we become aware of any infringements of the law, we will remove such content immediately.
General Terms and Conditions for Services to Customers
1. validity of the AGB
1.1 The following General Terms and Conditions shall apply exclusively to all services and deliveries by the Agency to its clients as entrepreneurs within the meaning of § 14 BGB (German Civil Code). Conflicting general terms and conditions of the customer shall not become part of the contract.
1.2 The GTC shall be preceded by those provisions of the contracting parties which regulate them by order or in other agreements or understandings deviating from these GTC.
1.3 The General Terms and Conditions shall also apply to all future orders placed by the Client with the Agency following the first inclusion of these General Terms and Conditions, even if the validity of the General Terms and Conditions is not expressly referred to again in these subsequent orders.
2. processing of orders
2.1 Offers of the Agency to the Client which contain prices may be accepted by the Client within 14 days of receipt. After the expiry of this period, the Agency shall no longer be bound by this offer. If the Agency prepares a mere cost estimate, this shall only constitute an invitation by the contracting authority to the Agency to submit an offer which must be accepted by the Agency.
2.2 The scope of the services shall be determined by the product/service description made when the order was placed. Additional and/or subsequent changes to the product/service description must be made in writing.
2.3 Minutes of meetings which the Agency prepares and sends to the Client shall be regarded as commercial letters of confirmation from the parties to the contract. If the customer does not object in writing within three working days, the agreements, instructions, order placements and other declarations of a legal nature contained therein shall become binding.
2.4 Templates, files and other working materials which the Agency creates or has created in order to perform the services owed under the contract shall remain the property of the Agency. There is no obligation to surrender. When creating software, this also applies to the source code and the corresponding documentation.
3. commissioning of third parties
3.1 The Agency shall be entitled to carry out the work assigned to it itself or to commission vicarious agents/subcontractors to do so in its own name.
3.2 The Agency shall be entitled to place orders for the production of advertising materials, in which the Agency has participated in accordance with the contract, in the name and for the account of the Client, provided that the Agency has provided the Client with the name and address of the third party and the Client has not objected in writing within a period of one week.
3.3 The Agency places orders with advertising media in its own name and on its own account. If quantity discounts or painting scales are claimed, the customer shall receive an additional charge in the event of non-fulfilment of the discount and scale requirements, which shall become due for payment immediately. In this respect, the client shall indemnify the agency against the medium at first request.
3.4 Offers of the Agency to the Client which contain prices may be accepted by the Client within 14 days of receipt. After the expiry of this period, the Agency shall no longer be bound by this offer. Where the Agency prepares a mere estimate of costs, it shall not constitute a binding offer.
4. remuneration of agency services
4.1 Unless otherwise agreed in the individual order, the services rendered by the Agency shall be invoiced on a fixed price or hourly fee basis according to the time spent and the current hourly rates of the employees of the Agency involved. Technical costs will be invoiced according to the Agency's current rates for technical costs. The remuneration for rights of use is regulated in the following paragraphs 6.6 to 6.8.
4.3 Unless otherwise agreed, the Agency shall be entitled to invoice its services monthly at the end of each month.
4.4 Internal material costs incurred by the Agency for the performance of the contractual service (e.g. communication costs, dispatch and reproduction costs as well as travel costs) shall be charged by the Agency to the Client at cost price.
4.5 If the Client is in default of payment, the Agency may demand advance payments for services to be rendered in the future.
5. terms of payment
5.1 Agreed prices are net prices to which the applicable value added tax is added. Social security contributions for artists, fees of GEMA or other collecting societies, customs duties and other charges, including those incurred subsequently, shall be passed on to the client.
5.2 The Agency's invoices are due for payment without any deduction within 7 days of the invoice date. From the due date, the Agency shall be entitled to charge interest on arrears in the amount of 8 percent above the base rate.
5.3 Retention of payments or offsetting against counterclaims shall only be permissible with claims recognised by the Agency or legally established. This does not apply if the client is not a company/entrepreneur within the meaning of § 14 BGB.
5.4 Until all invoices relating to the order have been paid in full, the Agency reserves title to all services and rights, in particular copyrights, as well as title to files, documents and objects provided.
6. rights of use; scope and remuneration
6.1 All copyrights and other rights of use to the Agency's work results released and paid for by the Client for use in advertising shall pass to the Client to the extent required for the purpose of the respective order. The Agency shall fulfil its obligations by granting exclusive rights of use in the contract territory for the media provided for by the parties to the contract and the duration of the agreed measures. The transferred rights of use include the right to edit the work result at will and/or to combine it with other works. The client is entitled to transfer the rights of use in whole or in part to subsidiaries or affiliated companies within a group. Any use going beyond the above regulation requires the separate consent of the Agency.
6.2 If the Agency uses third parties for the fulfilment of the contract, it shall acquire the rights of use to their services to the extent of the above provision 6.1 and transfer them to the Client accordingly. Should these rights not be available to this extent in individual cases or should their acquisition only be possible at disproportionately high costs, the Agency shall inform the Client thereof and proceed according to his instructions. Any additional costs incurred as a result shall be borne by the client.
6.3 The Agency is entitled - even if exclusive rights of use are transferred to the Client - to use the work results and the Client's name free of charge within the framework of its own advertising, even after the end of the contract, in all media including the Internet and within the framework of competitions and presentations.
6.4 If the Agency creates electronic programs or program parts within the scope of its contractual services, the respective source code and the corresponding documentation shall not be the subject of the granting of rights to the Client. This also applies to inventions and future patents created by the Agency for project purposes.
6.5 Services of the Agency (concepts, ideas, drafts, etc.) refused, aborted or not used within six months after delivery are not subject of the transfer of rights to the Client. These rights of use shall remain with the Agency, as shall the property rights to them.
6.6 The rights of use specified in 6.1. and 6.2. above shall be settled upon payment of the remuneration agreed in the order. For the extension of the use beyond the end of the advertising use stated in the order and/or beyond the contract area and/or for the use in media/advertising media other than those stated in the order, the client must consult the agency beforehand.
Insofar as the rights of third parties used by the Agency to fulfil the contract are affected by the extension of use, the provision in 6.2 above shall apply mutatis mutandis.
6.7 The Agency accepts no liability for statutory claims by authors for subsequent increases in remuneration pursuant to § 32, 32a UrhG; the Client shall indemnify the Agency against such claims upon first request.
7.1 The Client shall inspect the work and services provided by the Agency immediately upon receipt, but in any case prior to use, and shall give notice of defects immediately upon discovery. If the immediate inspection or notification of defects is omitted, the customer shall have no warranty claims with regard to obvious defects, known defects or consequential defects.
7.2 If there is a defect for which the Agency is responsible, it may, at its own discretion, remedy the defect (repair) or supply a replacement. In the event of rectification, it shall have the right to rectify the defect twice within a reasonable period of time. Otherwise, the statutory provisions of the law on contracts for work and services in the BGB shall apply.
7.3 The Agency's warranty obligation expires one year after receipt of the delivery/service of the Agency by the Client.
8. limitation of liability
8.1 Claims for damages, for whatever reason, are limited to the typical damage foreseeable at the time of conclusion of the contract in the event of negligent conduct on the part of the Agency, its legal representatives or its vicarious agents. In the case of slightly negligent conduct, they are excluded, unless they concern the violation of a duty so essential that the achievement of the purpose of the contract is endangered (so-called cardinal obligation). This limitation of liability and the above exclusion of liability shall not apply in the event of wilful misconduct on the part of the Agency, claims under a guarantee, injury to life, limb or health or claims under the Product Liability Act.
8.2 The Agency shall not be liable for defective performance of the media (advertising media) in the case of switching orders. In such cases, however, it shall assign its claims for damages or warranty to the customer.
8.3 Claims for damages against the Agency shall become statute-barred one year after the statutory commencement of the limitation period, notwithstanding the provisions of § 202 BGB (German Civil Code).
9. obligation to secrecy
The Agency and the Client hereby mutually undertake to keep secret all information and documents which are accessible or transmitted to them in connection with the conclusion of the contract and which are marked as confidential or which, under other circumstances, are recognisable as business or company secrets of the respective contractual partner, and to neither record, store nor pass them on, nor use them nor make them accessible to unauthorised persons, unless this is necessary in order to achieve the purpose of the contract. This shall also apply to ideas, concepts, drafts in text and/or images presented by the Agency within the framework of a presentation, as long as and insofar as the Client has not commissioned and paid for such services.
10. data protection/data backup
10.1 The Client confirms that personal data transmitted to the Agency by him or at his instigation by third parties have been collected and processed in accordance with the relevant provisions of data protection law, in particular the Federal Data Protection Act, that any necessary consent has been obtained from the parties concerned and that the use of the data by the Agency within the framework of the contract awarded does not violate any of these provisions or exceed the scope of the consent granted.
10.2 The Client agrees that personal data (inventory data) and other information such as time, number and duration of connections, access passwords, uploads and downloads may be stored by the Agency for the duration of the contract/order, insofar as this is necessary or useful for the fulfilment of the contract.
10.3 The client shall back up data and programs before handing them over to the agency in order to enable recovery in the event of data loss.
11. written form
If these General Terms and Conditions or the order/contract or other contractual documents refer to "written" or "written form", the text form according to § 126 b BGB can also be used (e-mail, SMS, fax).
12. place of performance
12.1 The place of performance shall be the registered office of the Agency. The place of jurisdiction for all disputes arising from the contract and in connection with the business relationship shall be the registered office of the Agency.
12.2 The law of the Federal Republic of Germany shall apply.
Brand agency Stuttgart BRANDS FOR CHARACTERS GmbH