Copyright © 2017 – 2024 | Augusta Atlantic a brand of Weltraum PR- & Kommunikationsagentur GmbH
§1 Scope of application, definitions
(1) The business relationship between Weltraum PR- & Kommunikationsagentur GmbH, Ulrichsplatz 3, 86150 Augsburg (hereinafter “provider”) and the client (hereinafter “client”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of commissioning.
(2) Deviating, conflicting or supplementary general terms and conditions of the client are not recognised unless the provider expressly agrees to their validity in writing.
(3) The use of the standardised masculine designation serves to simplify matters and does not constitute gender-specific discrimination.
§2 Conclusion of contract
(1) The contract is concluded as follows: The client can request the provider to submit a non-binding offer by e-mail, online form, telephone or in writing. The offer may be preceded by a free relevance check and a free initial telephone consultation. The provider then submits an offer to the client. The client accepts this offer as binding if he confirms the offer to the provider by e-mail or in writing.
(2) The contract is concluded in German. The text of the contract is stored in compliance with data protection regulations.
§3 Subsidiary agreements
(1) Subsidiary agreements and amendments to the contract must be made in written form to be legally valid.
(2) Changes or extensions to the original order are possible if the provider accepts them by e-mail or in writing. Such services shall be invoiced separately. The completion date may be postponed due to change requests. If the completion date changes, the provider shall inform the client accordingly.
§4 Prices and other costs
(1) All prices quoted on the website or in the provider’s offers include the applicable statutory value added tax, unless otherwise stated.
(2) If documents are sent by post, the shipping costs shall be borne by the client. If this document is the invoice, the provider shall bear the shipping costs.
(3) Printing costs or costs for storage on digital media (e.g. CD, USB stick) shall be borne by the client if such reproduction is expressly requested as an ancillary service.
§5 Subject matter of the contract, completion date, provision/acceptance
(1) The pages shall be written in accordance with current German spelling standards and in accordance with the standard work “Duden: Die deutsche Rechtschreibung” in the version current at the time the contract is concluded. Any deviation from this must be agreed separately between the parties.
(2) For reasons of clarification, the Provider points out that Section 327b (2) BGB does not apply to the contract. The completion date shall be based on the reasonable and customary duration for the provision of services in the individual case. This can be agreed separately.
(3) In the case of the transmission of digital texts, the client shall receive the files by e-mail.
(4) The service is deemed to have been provided and accepted by the client when the article is first sent by e-mail, even if the post-processing is still outstanding.
(5) An implied acceptance by the client is also assumed if the work is essentially completed without defects according to the client’s expectations and the provider may understand the client’s behaviour as approval of the service provided as essentially in accordance with the contract. This is particularly the case if the client requests adjustments to the item, because this is merely a matter of improving the completed work.
§6 Terms of payment, default
(1) Payment is made by bank transfer.
(2) Payment shall be due upon acceptance of the work, i.e. upon provision of the item. The absence of defects is not a prerequisite for the due date of payment.
(3) There is no entitlement to a cash discount deduction. The supplier objects to a cash discount agreement.
§7 Obligations of the client
(1) The client assures that the content transmitted to the provider is free of third-party rights with regard to copyrights or other industrial property rights.
(2) The client undertakes not to transmit any illegal content (e.g. pornographic writings, racist or offensive content) to the provider.
(3) Content in written form must be made available to the provider in a form that allows editing (e.g. Word file, OpenOffice document).
(4) In the case of encrypted files, the client shall provide the provider with the necessary information for decryption. If software is required for decryption, the client shall bear any necessary costs.
(5) If there are any uncertainties regarding the interpretation of texts and/or the meaning of terms, the provider shall contact the client for clarification. The client undertakes to cooperate in this respect in order to ensure fulfilment of the service by the provider.
§8 Liability
(1) The provider and/or its vicarious agents and/or legal representatives shall only be liable for damages, which are not damages resulting from injury to life, body or health, in the event of intent or gross negligence.
(2) The client shall indemnify the provider against all third-party claims arising from the violation of personal rights or untrue statements of fact in connection with the use of the works created by the contractor in the event of claims due to alleged or actual legal violations, insofar as the client is responsible for these violations. Reimbursable costs include, in particular, the costs of reasonable legal prosecution and legal defence.
(3) The client is aware that the provider’s services in relation to publications may be called into question or legally challenged by third parties; blocks may also prevent or impair publication. Publication itself is therefore not agreed as a contractual obligation.
(4) The provider is also not liable for damage that the client could have prevented by taking reasonable measures. In particular, the provider shall not be liable if documents sent to him are lost or damaged during transmission. The client is responsible for the proper and secure transmission. The provider shall only be liable to companies for the amount of lost profit that was foreseeable and typical for the contract at the time the contract was concluded.
(5) The limitations of liability also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
§9 Warranty
(1) The provider shall only provide advice and support. The obligation to rectify defects shall not apply to cases of damage caused by a change to the service after acceptance at the instigation of the client. The statutory provisions shall apply to the warranty in all other respects.
(2) The provider shall endeavour to take its measures in accordance with the guidelines, user agreements or general terms and conditions of the respective platform or website. However, the parties are aware that individual agreed measures in the context of the creation of digital positioning and online marketing may violate these and that this does not constitute defective performance by the provider. This applies in particular if the client has explicitly authorised certain measures by the provider with knowledge of the guidelines, user agreement or general terms and conditions.
(3) The client shall be comprehensively informed in writing of the currently applicable guidelines, user agreements or general terms and conditions of the platforms relevant to the provision of services before the provider takes action, and explicitly informed of possible violations of these by taking the agreed measures.
§10 Secrecy
(1) “Confidential information” is all information, files and documents about business transactions of the other party concerned that come to the knowledge of the other party.
(2) Both parties undertake to maintain secrecy about confidential information concerning the other party and to use it only for the execution of this contract and the purpose pursued with it.
(3) Both parties undertake to impose the confidentiality obligation on all employees and/or third parties who have access to the aforementioned business transactions within the scope permitted by labour law.
(4) The confidentiality obligation pursuant to para. 2 does not apply to information,
a. which was already known to the other party when the contract was concluded,
b. which was already published at the time of disclosure by the client, without this resulting from a breach of confidentiality by the other party,
c. which the other party has expressly authorised in writing to be passed on,
d. which the other party has lawfully obtained from other sources without any restriction relating to confidentiality, provided that the disclosure and utilisation of this confidential information does not violate any contractual agreements, statutory provisions or official orders,
e. which the other party itself has without access to the client’s confidential information,
f. which must be disclosed due to statutory information, notification and/or publication obligations or official orders.
§11 Right of retention of the provider
(1) The provider is authorised to make copies of the edited texts and to store them if the client does not object. The client shall grant the provider the necessary rights of use.
(2) The client may request the deletion of the texts at any time and revoke the rights of use granted.
(3) The provider is not obliged to make backup copies of the texts.
§12 Copyright / third party rights
(1) The copyright to the content created remains with the provider. Subject to full payment of the remuneration, the client shall be granted the simple, irrevocable and transferable right to use the content, unlimited in terms of time and territory.
(2) If the client provides content for the provision of the services, the client assures that it holds all the necessary rights to this content. If claims are asserted against the provider by third parties in this respect due to infringement of copyrights or other industrial property rights, the provider shall indemnify the client against third-party claims. This also includes the costs of legal defence.
(3) The provider is entitled to use the client’s trademarks and other protected content if this is necessary to fulfil the order and the owner of the property rights has given his consent.
§13 Cancellation
(1) § Section 648 BGB is waived.
(2) The right to terminate the contract for good cause remains unaffected.
(3) The cancellation must be in written form.
§14 Notes on data processing
(1) The responsible body is the provider itself, with the contact details available in the legal notice (www.weltraumagentur.de/impressum). These contact details must be used for data protection issues.
(2) The personal data is used to fulfil the provider’s advisory activities.
(3) The legal basis for the processing of personal data in the context of the business relationship with the provider is Art. 6 I lit. b GDPR. In addition, data will only be processed if the client has expressly consented to this or if the provider has a legitimate interest in accordance with Art. 6 I lit. f GDPR for advertising purposes. Data will not be passed on to third parties unless this is necessary for the fulfilment of the contract or consent has been given. If personal data is used for advertising purposes, e.g. if newsletters are to be sent to the client, this is done in accordance with data protection and competition law requirements for our own similar products or services. The client can object to advertising at any time using the known contact details.
(4) In the event that the counselling requires the transfer of personal data to non-EU countries, this results from the specific order and is then necessary within the meaning of Art. 49 I 1 b GDPR.
(5) Personal data is stored in accordance with legal requirements and then deleted.
(6) Insofar as the client transmits the data of third parties (e.g. employees), he shall indemnify the provider against any claims in the event of unlawful transmission in this respect.
(7) The rights of the person affected by the data processing arise in particular from the following standards of the GDPR:
The cancellation or objection should be sent to the contact details given in the legal notice.
Without prejudice to other legal remedies, the data subject has the right to lodge a complaint with the competent data protection supervisory authority pursuant to Art. 77 GDPR if he or she considers that the processing of personal data concerning him or her infringes the GDPR.
To exercise these rights, the data subject is requested to contact the provider by e-mail or, in the event of a complaint, the competent supervisory authority.
(8) The provider assures that it has taken appropriate technical and organisational measures to ensure the security of personal data and to reduce the risk for the data subjects.
(9) In addition, please refer to the privacy policy of the provider’s website at: https://weltraumagentur.de/datenschutz/
§15 Jurisdiction agreement, severability clause
(1) Contracts between the provider and the client shall be governed by the law of the Federal Republic of Germany. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the client as a consumer has his habitual residence, remain unaffected.
(2) If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the client and the provider is the registered office of the provider (Augsburg, Bavaria, Germany).
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
