1. General information

1.1 These General Terms and Conditions (GTC) shall apply exclusively to all transactions between the customer and “CatComm”, unless other contractual agreements have been made in writing in individual cases.

1.2 Amendments or additions to the contract commissioned by the customer shall only be accepted by “CatComm” by written confirmation.

1.3 Terms and conditions of the customer that deviate from these GTC shall not apply. They shall not apply even if “CatComm” does not expressly object to them.

2. Conclusion of contract

2.1 The offers of “CatComm” are subject to change.

2.2 Orders placed by the customer shall only be deemed accepted upon written order confirmation by “CatComm”, unless “CatComm” indicates that the order is accepted, for example by taking action on the basis of the order.

3. Cost estimate

3.1 Cost estimates from “CatComm” are always prepared in writing and are non-binding – without this having to be pointed out again separately in the cost estimate.

3.2 If it is foreseeable that the actual costs will exceed the costs estimated by “CatComm” by more than 20 percent, the customer shall be informed of this. The cost overrun shall be deemed to have been approved by the customer if the customer does not object in writing within three days of this notification and at the same time provides written notification of more cost-effective alternatives.

4. Service and fee

4.1 Unless otherwise agreed, the fee claim for each individual service shall become due as soon as it has been provided.

4.2 “CatComm” shall be entitled to demand advance payments to cover its expenses.

4.3 Any discounts or price reductions achieved – but not discount agreements between “CatComm” and third parties – shall be passed on to the customer.

4.4 The first meeting is free of charge for the client and without obligation for the contracting parties, provided that no detailed program of activities or specific action is associated with it. If the meeting is tantamount to an actual PR consultation, the actual time spent will be invoiced.

4.5 All services provided by “CatComm” that are not expressly covered by the agreed fee shall be remunerated separately. This applies in particular to all ancillary costs, special costs, third-party costs and procurement and production costs.

4.6 All expenses incurred by “CatComm” that go beyond normal business operations (e.g. for courier services, extraordinary shipping costs or travel) shall be reimbursed by the customer. The reimbursement of travel expenses (2nd class rail travel, economy class flights, overnight stays in middle class hotels, cab costs, etc.) by the customer shall be deemed to have been agreed. ) by the client shall be deemed to have been agreed if the meeting does not take place at the registered office of “CatComm”.

4.7 For all work that is not carried out for whatever reason, “CatComm” shall be entitled to appropriate remuneration. Upon payment, the client shall not acquire any rights to this work; concepts, drafts, etc. that are not executed must be returned immediately.

5. Transfer and disclosure to third parties

5.1 “CatComm” shall be entitled to have services provided by third parties.

5.2 The customer may only transfer rights and obligations arising from this contractual relationship to third parties with the prior written consent of “CatComm”.

6. Presentations

6.1 For participation in presentations, “CatComm” is entitled to an additional reasonable fee, which covers at least the entire personnel and material expenses for the presentation as well as the costs of all external services.

6.2 If “CatComm” does not receive an order after the presentation, all services, in particular the presentation documents and their content, remain the property of “CatComm”. The customer is not entitled to use them further – in whatever form; the documents must be returned immediately.

6.3 If the ideas and concepts introduced in the course of a presentation are not utilized within the framework of an order placed with “CatComm”, “CatComm” is entitled to use the ideas and concepts presented elsewhere.

6.4 Any use as well as the passing on of presentation documents to third parties as well as their publication, duplication, distribution or other use is not permitted without the express consent of “CatComm”.

7.3 Documents may not be made accessible to third parties unless “CatComm” has given its express written consent.

7.4 By paying the fee in full, the customer only acquires the right of use (including reproduction) for the agreed purpose and to the agreed extent of use for the duration of the contract.

7.5 Unless otherwise agreed, the customer may only use the services itself, exclusively in Germany and only for the duration of the contractual relationship.

7.6 Changes to services by the customer are only permitted with the express written consent of “CatComm” and – insofar as the services are protected by copyright – the author.

7.7 The written consent of “CatComm” is required for the use of services by the customer that go beyond the originally agreed purpose and scope of use, irrespective of whether this service is protected by copyright. “CatComm” and, if applicable, the author shall receive separate appropriate remuneration for this. In principle, the fee set out in the agreement shall be deemed reasonable, but at least 8 percent of the fee paid by the customer to the third party commissioned with the production, distribution or publication of the advertising material.

7.8 The written consent of “CatComm” is also required for the use of services provided by “CatComm” or of (advertising) materials for which conceptual or design templates have been developed after the expiry of the contract – irrespective of whether these services are protected by copyright.

7.9 Claims of third parties – in particular if they are administered by collecting societies – for special remuneration to compensate for copyrights and/or ancillary copyrights as well as the right to one’s own image shall be borne by the customer.

8. Labeling

8.1 “CatComm” shall be entitled to refer to the cooperation and, if applicable, the author on its own materials without the customer being entitled to any additional remuneration for this.

8.2 “CatComm” shall have the right to include the customer and the projects for which services are provided within the scope of the contractual relationship in a reference list without the customer being entitled to any additional remuneration for this.

9. Authorization

9.1 All services provided by “CatComm” (in particular all preliminary drafts, sketches, final artwork, proofs) must be checked by the customer and approved in writing upon receipt.

9.2 In particular, the customer shall have the legal admissibility of the services provided by “CatComm” checked, especially with regard to competition and trademark law, and shall be fully responsible for this.

9.3 “CatComm” shall only arrange for an external legal review at the written request of the customer; the associated costs shall be borne by the customer.

10. Appointments

10.1 “CatComm” shall endeavor to meet agreed deadlines. However, failure to meet deadlines shall only entitle the customer to assert the rights to which he is legally entitled if he has granted “CatComm” a grace period of at least 14 days. This period begins with the receipt of a reminder letter to “CatComm”. An obligation to pay compensation for damages due to delay shall only exist in the event of intent or gross negligence.

10.2 Unavoidable or unforeseeable events – in particular delays by contractors – shall release “CatComm” from compliance with agreed deadlines.

11. Payments, delay, right of set-off and retention, retention of title

11.1 All fees (in particular fees, ancillary costs, third-party costs, procurement and production costs) shall be due and payable without deduction 14 days after the invoice date.

11.2 If the customer is in arrears with a payment, “CatComm” shall charge interest on arrears in accordance with § 288 BGB.

11.3 The customer may only offset or assert a right of retention against claims of “CatComm” with undisputed or legally established claims.

11.4 The customer shall only be entitled to assert a right of retention for claims arising from this contractual relationship.

11.5 Delivered goods shall remain the property of “CatComm” until payment has been made in full.

12. Warranty

12.1 The customer must assert and justify obvious defects in writing within three days of performance by “CatComm”.

12.2 In the event of defects, the customer has the right to rectification. If the rectification fails twice, the right to reduce the price or withdraw from the contract shall remain unaffected.

13. Rejection of a defect-free service, default fee

13.1 If the service provided by “CatComm” is free of defects but does not meet the customer’s advertising and/or taste requirements, the customer shall be entitled to pay only one third of the agreed fee and the proven other third-party costs incurred by “CatComm” as a shortfall fee, waiving the claim to performance.

14. Liability and responsibility

14.1 Claims for damages of the customer, in particular due to delay, impossibility of performance, positive breach of duty, pre-contractual breach of duty, defective or incomplete performance are – as far as legally permissible – excluded, unless they are based on a breach of duty for which “CatComm” is responsible.

14.2 The liability of “CatComm” for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injury to life, body and health, cardinal obligations and damage caused by delay (§ 286 BGB).

14.3 Liability is limited to the damage typical for the contract.

14.4 In any case, however, “CatComm” is only liable up to a maximum amount of € 5,000.00 per individual case.

14.5 Upon request, a higher liability sum can be agreed against payment of the additional costs – if the respective risk can be insured accordingly.

14.6 Any liability for verbal statements and information by “CatComm” and its employees is excluded.

14.7 “CatComm” assumes no liability whatsoever for the documents and other means of the customer provided for processing.

14.8 The customer himself is responsible for compliance with the legal, in particular the competition law regulations, also with the measures proposed by “CatComm”. He has to release a measure proposed by “CatComm” (e.g. a proposed trademark, brand) or other measure only if he himself has assured himself of the (competition) legal (in particular trademark law) harmlessness or if he is prepared to bear the risk associated with the implementation of the measure (the use of the trademark, brand) himself.

14.9 Any liability of “CatComm” for claims that are raised against the customer on the basis of the measure (the use of a trademark, brand) is expressly excluded

14.10 In the event that claims are asserted against “CatComm” itself due to the implementation of the measure (use of an identifier, trademark), the customer shall indemnify “CatComm”. The customer must compensate all financial and other disadvantages (including immaterial damages) that arise for “CatComm” from the claim by third parties.

14.11 “CatComm” assumes no liability for disruptions within the Internet.

14.12 “CatComm” is not liable for events of force majeure. In the event of force majeure, “CatComm” is entitled to postpone the fulfillment of its obligations for the duration of the hindrance and for a reasonable start-up period.

15. Confidentiality

15.1 The contracting parties agree that all information and documents on technical and commercial matters, in particular market and sales information, which are provided to the other party shall be treated confidentially and protected against unauthorized access by third parties.

15.2 Confidential data and information may only be passed on to those employees who need it to carry out work in accordance with the contract. The employees shall be informed about the confidentiality of the data and information and the obligation to maintain confidentiality and they shall also be obliged to maintain confidentiality in accordance with this contract.

15.3 The contracting parties agree that the terms of the contract shall not be published or made accessible to third parties in any other way.

15.4 Even after termination of the contract, the confidentiality provisions shall continue to apply for a period of 12 months from the date of termination of the contract.

15.5 The contracting parties undertake to comply with the data protection provisions.

16. Concluding provisions

16.1 If a provision of the contract and/or these terms and conditions is invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the meaning and purpose of the invalid provision.

16.2 The legal relationship between the Customer and “CatComm” shall be governed exclusively by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules under IPR law.

16.3 Place of performance and place of jurisdiction is Nuremberg.)