Skip to content
TERMS & CONDITIONS
- 1.1 Thesssss provider - hereinafter referred to as "Markenbuilder.com" - offers services in the field of information technology and multimedia, specifically in the areas of branding, online marketing, market research, and sales. This includes programming, hardware/software configurations and installations, the creation of computer-assisted layouts and graphics, the development of concepts, editorial work, and research (hereinafter collectively referred to as "products" or "product"), as well as management and consulting services (hereinafter collectively referred to as "services" or "service").
- 1.2 The purpose of these General Terms and Conditions is, among other things, to grant authorized customers the corresponding usage rights to the services of Markenbuilder.com and to prevent the abusive exercise of usage rights by third parties.
- 1.3 The following terms and conditions apply to the use of all products or services provided by Markenbuilder.com. These conditions also apply to any updates to the products.
- 1.4 Customers are granted usage rights to the products by Markenbuilder.com under the following conditions.
- 1.5 These General Terms and Conditions of Markenbuilder.com apply exclusively; any conditions of the customer that deviate from or contradict these General Terms and Conditions of Markenbuilder.com will not be recognized, unless Markenbuilder.com has explicitly agreed to their validity in writing. Markenbuilder.com's General Terms and Conditions also apply if Markenbuilder.com delivers or provides the service to the customer without reservation, despite being aware of conflicting or deviating customer terms and conditions. Markenbuilder.com's General Terms and Conditions also apply to future transactions with the customer falling under the scope of section 1.1. The unconditional execution of a delivery or service does not constitute tacit approval of the customer's deviating terms and conditions, even if Markenbuilder.com is aware of the deviations.
- 1.6 These General Terms and Conditions apply only to companies as well as legal entities under public law and public-law special assets within the meaning of § 310 para. 1 BGB.
- 1.7 In these terms and conditions:
- Data Carrier: electronic storage medium such as a USB stick for the permanent storage of machine-readable information.
- Download: data transmission for the permanent electronic storage of machine-readable works or other data in a user's computer.
- Computer: technical device used by the user for processing machine-readable data, including storage, screen, and printer.
- Storage: electronic input of works or other machine-readable data into a computer via a keyboard, their recording in machine-readable form on data carriers, or their electronic input by scanner.
- In the event of disputes arising during the use of IT-related terms and symbols, quality requirements, format requirements, or similar matters, the valid DIN standards at the time of contract conclusion must be followed.
- 2.1 Copyright The products, including their software components, program and data concepts, are protected by copyright. The customer acknowledges all rights of Markenbuilder.com to the products and services (patents, trademark rights, copyrights, trade secrets, etc.) without limitations.
- 2.2 Customer Usage Rights Markenbuilder.com grants the customer exclusive, unlimited rights to reproduce and distribute the aforementioned services and products in any quantity and form. The licensing terms of the used editorial systems remain valid. The granting of usage rights by Markenbuilder.com to the customer and their assignment is conditional upon the complete payment of the agreed-upon fees. The customer is not authorized to grant usage rights to Markenbuilder.com's services and products to third parties. Markenbuilder.com is not responsible for the use of content provided by the customer, whether in terms of press law, copyright, or competition law. The customer is not entitled to make any changes to the protection rights, trademarks, copyrights, or other notices regarding rights and usage rights contained in the products/services.
- 2.3 No Modification of Rights Notices Under no circumstances is the customer authorized to make changes to company, trademark, copyright notices, or other statements about legal reservations and usage rights contained in the products/services.
- 2.4 Presentations/Pitches If no order is placed after a presentation, all services, especially presentation documents and the designs, works, ideas, etc. contained therein, remain the property of Markenbuilder.com. The customer is not authorized to use, modify, or use this material as a basis for creating their own material in any form. If no order is placed, the customer must promptly return all presentation materials in their possession to the agency. If no order is placed, Markenbuilder.com reserves the right to use the presented ideas, works, designs, etc. for other projects and customers.
- 3.1 The compensation to be paid by the customer to Markenbuilder.com is determined by the currently valid service specifications (cost estimate) of Markenbuilder.com. The compensation and the guaranteed services within the time frame of the contract are individually specified in the cost estimate.
- 3.2 Compensation Unless otherwise contractually agreed, the order amount from the cost estimate is invoiced in several installments. The rate at which it is charged depends on the service category and the order volume. Example: When ordering market research for €30,000 net, an advance payment of 50% of the order volume is due for immediate payment. The remaining amount is due after completion and final delivery. For services based on the monthly "retainer" model (e.g., online marketing), the services are performed at the beginning of each month. In this case, the advance costs are in the form of one-time setup costs or a setup fee. Subsequent billing of project progress is done at the end of each month (minus payments already made). Fulfillment and written acceptance of the entire project by the customer. Lack of customer cooperation in fulfilling the order position (no response to written project-related questions within 14 days). Payment is due immediately upon receipt of the invoice by the customer. After two weeks from receiving the service and the invoice, the customer automatically falls into arrears without the need for a reminder. Example for 3.2.1: The project budget is EUR 12,000, and the customer receives an advance invoice of EUR 4,000. At the end of the calendar month, services amounting to EUR 5,000 are provided, and the remaining EUR 1,000, minus the advance, becomes due for payment. The remaining project budget of EUR 7,000 is also invoiced at the end of each month after the service is provided.
- 3.3 Ongoing Positions Ongoing positions, unless otherwise specified, have a term of 12 months, invoiced in advance upon ordering. They extend by one more term with a notice period of one month.
- 3.4 Work Contract With the order, a work contract is concluded in accordance with §§ 631 ff. BGB (German Civil Code), based on the cost estimate provided. Markenbuilder.com is thus obligated to create the agreed-upon work.
- 4.1 Additional Expenses Due to Increased Workload All expenses incurred during the project are continuously documented. After approval of the concept (structure and architecture), a more precise assessment of the expenses for all subsequent items is carried out. As soon as Markenbuilder.com becomes aware that the workload required for order fulfillment exceeds this cost estimate by more than 10%, Markenbuilder.com will inform the customer. Markenbuilder.com has the right to invoice additional costs exceeding this cost estimate if necessary to fulfill the order. These expenses will be invoiced at the same daily rate specified in the cost estimate (valid within 6 months of cost estimate creation).
- 4.2 Additional Expenses Due to New Requirements As soon as additional expenses are foreseeable due to conceptual, design, or functional changes requested by the customer, Markenbuilder.com will inform the customer. Informal correspondence is sufficient for the approval of these additional expenses.
- 4.3 Additional Expenses Due to Project Extension Every project is associated with costs for management and infrastructure that increase over time. Unless specified in the cost estimate, Markenbuilder.com will present the project's timeline during the kickoff meeting. If the project is extended by more than two weeks due to inefficient customer cooperation, we reserve the right to invoice each additional week at 3% of the project budget.
- 5.1 If necessary, the installation of a product is done through a download or by providing another data carrier.
- 5.2 Upon special agreement, Markenbuilder.com will instruct the customer and a specific number of its employees in the use of the program after the installation of a product. Upon the customer's request, Markenbuilder.com will repeat or intensify the instruction; the additional instruction time will be billed separately.
- 5.3 Subsequent change requests by the customer result in the cancellation of agreed-upon delivery or service dates by Markenbuilder.com.
- 6.1 Any warranty for the accuracy of data from databases, if included in the product/service, is excluded.
- 6.2 If products are found to be defective at the time of risk transfer, the customer can request subsequent performance. In this case, Markenbuilder.com may, at its discretion, remedy the defect or create a new work.
- 6.3 If Markenbuilder.com is not willing or able to remedy the defects/new production, especially if it is delayed beyond reasonable deadlines for reasons attributable to Markenbuilder.com, or if the rectification of defects/new production otherwise fails, the customer is entitled, at its discretion and in accordance with statutory provisions, to withdraw from the contract, reduce the compensation, and claim damages or reimbursement of wasted expenses. The customer's right, pursuant to §§ 634 No. 2, 637 BGB, to remedy the defect itself and demand reimbursement of the necessary expenses is expressly excluded.
- 7.1 Markenbuilder.com is liable without limitation for intent and gross negligence. For simple negligence, Markenbuilder.com's liability is limited to the contractually typical foreseeable damage, insofar as a duty is violated, the observance of which is of special importance for achieving the purpose of the contract (cardinal duty).
- 7.2 Liability for data loss is additionally limited to the typical restoration effort that would have occurred with regular and appropriate backup.
- 7.3 Markenbuilder.com is only liable for initial impossibility if it was aware of the obstacle to performance or if the lack of awareness is due to gross negligence.
- 8.1 The customer must promptly inspect the product for defects upon delivery with regard to its freedom from defects. Obvious defects must be reported to Markenbuilder.com in writing no later than 16 working days after the delivery of the product. The complaint about defects must contain a detailed description of the defects to the greatest extent possible.
- 8.2 Defects that cannot be determined within the framework of the proper examination described in Clause 8.1 (hidden defects) must be reported in writing immediately, no later than eight working days after their discovery, in accordance with the complaint requirements outlined in Clause 8.1.
- 8.3 In the event of a violation of the above inspection and/or complaint obligation, the product is deemed approved with respect to the relevant defect.
- 9.1 Markenbuilder.com reserves ownership of the product until full payment of all claims by Markenbuilder.com arising from the business relationship with the customer. Markenbuilder.com undertakes to release the security rights to which it is entitled at the customer's request to the extent that the realizable value of the security rights exceeds the claims to be secured by more than 20%. The selection of the security rights to be released is the responsibility of Markenbuilder.com.
- 9.2 In the event of culpable breach of contract by the customer, especially in case of payment default, Markenbuilder.com is entitled to withdraw from the contract, take back the subject matter of the contract, and claim damages for delay.
- 9.3 When Markenbuilder.com asserts its retention of title, the customer's right to use and utilize the affected product is extinguished. All program copies made by the customer in this regard must be promptly deleted.
- Markenbuilder.com is permitted to assign the entire product creation and/or the provision of services as a whole or with respect to individual partial services to subcontractors.
- The customer undertakes to keep confidential indefinitely all information made accessible by Markenbuilder.com during the contractual relationship, which is designated as confidential or recognizable as trade or business secrets of Markenbuilder.com based on other circumstances. The customer is also obligated, unless absolutely necessary for the purpose of the contract, not to record, disclose, or exploit such information even after the termination of the contractual relationship. This confidentiality obligation does not apply to information that has become publicly accessible to the general public due to third-party publications without the customer's involvement; the customer bears the burden of proof for the existence of such an exception.
- 12.1 The legal relationship between Markenbuilder.com and the customer is exclusively governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
