General Terms and Conditions (AGB)

General Terms and Conditions of Claus Peschahereinafter referred to as network.design labelled.

General provisions

General information
1. These General Terms and Conditions (GTC) apply to all contracts concluded between netzwerk.design and the customer.
2. netzwerk.design offers the customer various agency services. The specific scope of services is the subject of individual agreements between netzwerk.design and the customer.
3. netzwerk.design does not conclude contracts with consumers or private individuals.
4. netzwerk.design is authorised to contract out the necessary services to subcontractors in its own name and for its own account, who in turn may also use subcontractors. netzwerk.design remains the sole contractual partner of the customer. The use of subcontractors shall not take place if it is apparent to netzwerk.design that their use is contrary to the legitimate interests of the customer.
5. Subject to express consent, netzwerk.design does not recognise general terms and conditions that deviate from these terms and conditions and are used by the customer.

Obligations of the customer to co-operate
1. If the customer provides netzwerk.design with texts, images or other content, the customer must ensure that this content does not violate the rights of third parties (e.g. copyrights) or other legal norms. In this context, it is pointed out that netzwerk.design is not legally authorised to provide legal advice to the customer. netzwerk.design is in particular not obliged and legally not in a position to check the customer's business model and/or the works (layouts, graphics, texts, etc.) created or acquired by the customer for their compatibility with applicable law. netzwerk.design will in particular not carry out any trademark searches or other collision checks with regard to the works provided by the customer. Insofar as the customer issues specific instructions regarding the work to be produced, he shall be liable for this himself.
2. The customer is obliged to provide the information, data, works (e.g. the data for the imprint, graphics etc.) and accesses to be provided by him for the purpose of order fulfilment completely and correctly. He must also ensure that the instructions given by him comply with the applicable law.
3. Subject to deviating individual agreements, the customer shall be responsible for procuring the material for the provision of agency services (e.g. graphics, videos) and shall provide this to netzwerk.design in good time. If the customer does not provide these and does not make any further specifications, netzwerk.design may, at its own discretion, use image material from common providers (e.g. stock photo service providers) or provide the corresponding parts of the website with a placeholder, taking into account the copyright labelling requirements.
4. If the conclusion of an order processing contract in accordance with Art. 28 GDPR is required for individual order components, both contracting parties undertake to conclude such a contract - to be provided by netzwerk.design - before the start of the provision of services.
5. netzwerk.design is in no way responsible to the client for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the client; the provisions under the heading „Liability/exemption“ remain unaffected by this.
6. If the customer does not fulfil his obligations under this clause, netzwerk.design may charge the customer for the additional expenses incurred as a result (e.g. costs for stock photos and time spent searching for them).

Use of artificial intelligence (AI)
1. netzwerk.design is authorised to use artificial intelligence technologies (AI tools) to create content (e.g. text, images, sound or video) as part of the provision of services. All content generated by an AI is checked by a natural person after it has been created and adapted if necessary. AI tools will not be used if it is apparent to netzwerk.design that their use is contrary to the legitimate interests of the customer. netzwerk.design will in particular not enter any sensitive or confidential information provided by the customer into AI tools without the customer's consent. If the customer does not want AI technologies to be used for certain projects or parts thereof, he must inform netzwerk.design of this independently in text form.
2. netzwerk.design warrants that content created in whole or in part with AI does not infringe the rights of third parties. If exclusive rights of use are to be transferred to content that has been created in whole or in part with the help of AI, netzwerk.design will ensure that such a transfer of rights of use is possible (e.g. by modifying the AI-generated works in such a way that the level of creation and thus copyright protection is achieved).
3. A separate labelling of AI-generated content is only owed if and insofar as the labelling of the content is required by law or if it is already foreseeable at the time of service provision that a labelling obligation will be required by law in the foreseeable future (e.g. due to regulations in the AI Regulation). The same applies to notifications that certain work results have been created with the aid of artificial intelligence.

Online presence and technology

Website and shop development (agile)
1. Unless otherwise agreed individually, the creation of new or the expansion of existing websites/shops or web components/shop components (hereinafter „website creation“) shall be based on agile methods. The other provisions of these GTC remain unaffected.
2. The subject matter of website creation contracts between netzwerk.design and the customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE).
3. The services agreed in detail result from the individual contract concluded between netzwerk.design and the customer. For this purpose, the customer first submits an enquiry to netzwerk.design with a description of the desired website content that is as precise as possible (creative content such as images, layouts, logos, fonts, etc. must be specified and provided by the customer, unless otherwise agreed). This enquiry represents an invitation to submit an offer by netzwerk.design. netzwerk.design will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between netzwerk.design and the customer only comes into effect when the customer accepts the offer.
4. The customer can introduce customer requests at any time, insofar as these are covered by the originally agreed scope of services. Such adjustments shall become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, netzwerk.design is only obliged to produce the functions/items listed in the contract or to provide the agreed service. Any additional services must be agreed and remunerated separately.
5. As soon as the website has been completed, netzwerk.design will ask the customer to accept the website.
6. A prerequisite for netzwerk.design's activities is that all data to be provided by the customer and required for the realisation of the project (e.g. texts, templates, graphics, fonts) and/or system environments are made available to netzwerk.design in good time and in a suitable form. netzwerk.design is in no way responsible to the customer for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the customer.
7. The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL / TLS) are only owed by netzwerk.design if this has been expressly agreed in an individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements.
8. Unless otherwise agreed, the websites created are optimised for the Chrome, Safari, Firefox and Edge browsers in their current version (in each case the last two versions of the browser). Search engine optimisation (SEO) is only owed if it has been expressly agreed. Optimisation for mobile devices is also only owed if this has been expressly agreed.
9. netzwerk.design is not authorised and not obliged to advise the customer on competition law, consumer law, labelling law or other legal issues within the meaning of the Legal Services Act. It is therefore the responsibility of the customer to find out about the provisions of competition law, consumer law or labelling law applicable to his shop and, if necessary, to have the shop checked by a specialised lawyer.
10. After completion of the websites and/or individual parts thereof, netzwerk.design may offer the customer maintenance and care services in relation to the websites. However, netzwerk.design is not obliged to make such an offer, nor does the customer have to make use of the further services offered by netzwerk.design. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the customer is solely responsible for the technical maintenance and up-to-dateness of the websites after acceptance. netzwerk.design is not liable to the customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

Website and shop creation with requirements and functional specifications
1. If the creation of new or the expansion of existing websites/shops or web components/shop components (hereinafter referred to as „website creation“) has been agreed between the contracting parties on the basis of a specification sheet, the order shall be processed in accordance with this clause.
2. The subject matter of website creation contracts between netzwerk.design and the customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE).
3. The scope of the services to be provided by netzwerk.design shall be determined on the one hand by individual contractual agreements between the parties and on the other hand by a detailed specification sheet drawn up by the customer and the requirements specification based on it. netzwerk.design shall check the customer's ideas described in the specification sheet to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency. Should netzwerk.design recognise that the specifications contained in the requirements specification are not suitable for the creation of a website, netzwerk.design shall inform the customer immediately and submit a corresponding proposal for an amendment and/or adaptation of the requirements specification. The customer must comment on any proposals made by netzwerk.design with regard to the specifications in writing or in text form within a reasonable period of time and finally confirm the contents of the specifications to netzwerk.design in writing or in text form. If there is agreement between the parties regarding the specifications, its contents shall become part of the contract.
4. On the basis of the specifications, netzwerk.design shall draw up a functional specification which describes in particular the technical and/or design realisation of the requirements contained in the specifications. Upon completion, netzwerk.design shall submit the specifications to the customer for acceptance. The customer shall be entitled to reject the specifications drawn up by netzwerk.design and to notify netzwerk.design of any changes or customisation requests. netzwerk.design undertakes to submit a maximum of two alternative proposals, taking into account the customer's wishes. If the customer finally disagrees with netzwerk.design's last proposal, the customer or netzwerk.design may - if legally possible - terminate the contract for cause or withdraw from the contract. In this case, the fees and/or expenses incurred by netzwerk.design in connection with the specifications and/or requirements specification shall be appropriately remunerated or reimbursed by the customer.
5. If the specifications are accepted by the customer, the services described therein shall be deemed to have been finally agreed between the parties. Any deviations from the contents of the specifications accepted by the customer shall require an express individual agreement between the parties. netzwerk.design shall not provide any services over and above those described in the specifications accepted by the customer. Likewise, netzwerk.design shall not provide any services that are less than those described in the specifications accepted by the customer. After acceptance of the specifications by the customer, netzwerk.design shall develop and programme the websites in accordance with the agreed specifications.
6. A prerequisite for netzwerk.design's activities is that all data (e.g. texts, templates, graphics) and/or system environments to be provided by the customer and required for the realisation of the project are made available to netzwerk.design in good time and in a suitable form. netzwerk.design is in no way responsible to the customer for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the customer.
7. As soon as the website has been completed, netzwerk.design will ask the customer to accept the website. If necessary, a test phase can be agreed before acceptance. If the customer discovers errors before acceptance or in the course of an agreed test phase, he shall notify netzwerk.design of these in writing or in text form. netzwerk.design shall endeavour to correct the errors professionally. For this purpose, netzwerk.design may provide temporary workarounds.
8. The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL / TLS) are only owed by netzwerk.design if this has been expressly agreed in an individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements.
9. Unless otherwise agreed, the websites created are optimised for the Chrome, Safari, Firefox and Edge browsers in their current version (in each case the last two versions of the browser). Search engine optimisation (SEO) is only owed if it has been expressly agreed. Optimisation for mobile devices is also only owed if this has been expressly agreed.
10. netzwerk.design is not authorised and not obliged to advise the customer on competition law, consumer law, labelling law or other legal issues within the meaning of the Legal Services Act. It is therefore the responsibility of the customer to find out about the provisions of competition law, consumer law or labelling law applicable to his shop and, if necessary, to have the shop checked by a specialised lawyer.
11. After completion of the websites and/or individual parts thereof, netzwerk.design may offer the customer maintenance and care services in relation to the websites. However, netzwerk.design is not obliged to make such an offer, nor does the customer have to make use of the further services offered by netzwerk.design. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the customer is solely responsible for the technical maintenance and up-to-dateness of the websites after acceptance. netzwerk.design is not liable to the customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

Maintenance and support of websites / shop
1. After completion of the websites and/or individual parts thereof, netzwerk.design may offer the customer maintenance and support services in relation to the websites (hereinafter „maintenance contracts“). netzwerk.design may also offer the maintenance of third-party websites. However, netzwerk.design is not obliged to make such an offer, nor does the customer have to make use of the additional services offered by netzwerk.design. Corresponding agreements are exclusively the subject of individual agreements.
2. The content of the maintenance contracts is the elimination of malfunctions and the updating of the website for common web browsers in their current version as required. Further services, such as regular maintenance, can be agreed in individual contracts if necessary.
3. The prerequisite for maintenance is that the content to be maintained is compatible with the systems of netzwerk.design. Compatibility may be impaired in particular by outdated components of the content to be maintained or by unauthorised changes on the part of the customer. If compatibility is not guaranteed, the customer must establish this independently (e.g. through appropriate updates) or commission netzwerk.design separately to establish compatibility.
4. netzwerk.design is not liable for malfunctions and incompatibilities caused by unauthorised changes made by the customer or due to other errors that are not the responsibility of netzwerk.design; the provisions under „Liability / Indemnification“ remain unaffected by this.
5. Unless otherwise agreed, maintenance shall only include the technical updating of the website, but not the updating of its content. netzwerk.design shall in particular not be responsible for updating the legal notice or the privacy policy.

Domain registration
1. netzwerk.design offers the customer domain registration services. The specific scope of services (domain registration, storage space, certificates, etc.) is the subject of individual agreements between the parties.
2. The contractual relationship required to register the respective domain is established directly between the customer and the respective domain registry or registrar. netzwerk.design merely acts as an intermediary in the relationship between the customer and the registry without having any influence of its own on the allocation of the domain.
3. The customer bears full responsibility for ensuring that the domain requested by him does not infringe any third-party rights. A check of the domain for its legal admissibility is not owed.
4. For the registration of domains, the respective conditions of the individual registries also apply. netzwerk.design will inform the customer of any special features in the event of an intended registration.

Content creation and design

Design and conception of graphics and logos (designs)
1. netzwerk.design undertakes the conception and design of graphics and/or logos (hereinafter referred to as „designs“) by agreement with the customer.
2. For this purpose, the customer first submits an enquiry to netzwerk.design with a description of the desired designs that is as precise as possible. This enquiry constitutes an invitation to submit an offer by netzwerk.design. netzwerk.design will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between netzwerk.design and the customer only comes into effect when the customer accepts the offer.
3. A prerequisite for netzwerk.design's work is that the customer provides netzwerk.design with all the data required for the implementation of the project (colour definition, etc.) in a suitable form before the start of the order. If the customer does not fulfil this obligation, netzwerk.design may charge the customer for the time incurred.
4. Unless otherwise agreed, the customer is entitled to two correction loops for each individual design. After these correction loops have been carried out, requests for adjustments and complaints (in particular with regard to the artistic design) will no longer be taken into account. If the customer wishes to make further changes after the agreed correction loops have been carried out, netzwerk.design can create these for the customer for an additional fee to be agreed.
5. As soon as the agreed design has been completed, netzwerk.design shall request the customer to accept the work. The designs will be sent to the customer in a standard file format.
6. netzwerk.design expressly does not check the final designs for legal admissibility (in particular trademark and/or competition law) or for infringement of other labelling and/or property rights (e.g. trademarks, registered designs, patents, etc.) or for the registrability of the designs, e.g. in official registers.
7. netzwerk.design shall grant the customer the rights of use to the designs required for the respective purpose. Unless otherwise agreed, an exclusive right of use is granted for the creation of logos, unlimited in terms of time, place and content; however, individual graphic elements of the logos may be used for the creation of other works as long as there is no risk of confusion with the logo created. Subject to deviating individual agreements, a simple right of use is granted for all other designs. Any transfer of the rights of use by the customer to third parties requires an individual contractual agreement with netzwerk.design. The designs presented within the correction loop may not be used, reproduced or passed on to third parties by the customer, either in the original or modified form, without the express consent of netzwerk.design.
8. The rights of use shall not be transferred to the customer until the remuneration has been paid in full.
9. Unless otherwise agreed in an individual contract, netzwerk.design may demand that a suitable copyright notice be placed in an appropriate position on the works created.

Creation of texts / copywriting
1. netzwerk.design creates texts for the customer (e.g. press releases, articles for websites, advertising texts, etc.). The content of these texts is defined in individual contracts.
2. As soon as the agreed texts have been finalised, netzwerk.design shall send them to the customer for approval and acceptance. Unless otherwise agreed, the customer is entitled to two correction loops. Complaints regarding the stylistic design or the integration of new information into the text are generally excluded after the second revision loop. If the customer wishes to make further changes, he must bear the additional costs.
3. If netzwerk.design has been commissioned with the publication, the texts will only be published after approval by the customer, unless otherwise agreed; the approval also constitutes acceptance of the texts. In the case of press releases, a distribution date will also be set after approval, on which these are to be sent to the media. If the customer is to publish or publicise the texts himself, he must approve the texts in advance. If the customer publishes the texts prior to acceptance, publication shall be deemed acceptance.
4. netzwerk.design shall only be liable for errors that are discovered after approval / acceptance in accordance with the provisions under the heading „Liability / Indemnification“.

Corporate Identity - Conception / Development
1. netzwerk.design takes on the conception/development of the „corporate identity“ (e.g. new development or revision of corporate concepts in the areas of external appearance, brands, corporate culture, corporate behaviour, corporate communication, etc.) by agreement with the client. To this end, the client first submits an enquiry to netzwerk.design with as precise a description as possible of the corporate image they wish to achieve. This enquiry constitutes an invitation to submit an offer by netzwerk.design. netzwerk.design will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and will prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between netzwerk.design and the customer is only concluded when the offer is accepted by the customer.
2. After the contract has been concluded, the customer's requirements are discussed in a further briefing if necessary and the specifications are concretised. At this point, customer requests can be introduced, provided they are covered by the originally agreed scope of services. If necessary, there is the option of a rebriefing before the service is produced. Adjustments shall become part of the original contract if both contracting parties agree in text form. Otherwise, netzwerk.design is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.
3. Unless otherwise agreed, the customer shall be entitled to two correction loops. Complaints regarding the artistic design are generally excluded after the agreed correction loops have been carried out. If the customer wishes to make further changes, he shall bear the additional costs.
4. A prerequisite for netzwerk.design's work is that the customer provides netzwerk.design with all the data required for the implementation of the project (colour definition, templates, graphics, etc.) in a suitable form before the start of the order or at another agreed time. If the customer fails to fulfil this obligation, netzwerk.design may charge the customer for the time incurred as a result.
5. As soon as the agreed object of performance has been completed, netzwerk.design shall request the customer to accept the work.
6. The remuneration is the subject of an individual contractual agreement between the parties. In all other respects, the statutory provisions shall apply.
7. Unless otherwise agreed, an exclusive right of use is granted for the creation of the corporate design, unlimited in terms of time, place and content; however, individual graphic elements of the corporate design may be used for the creation of other works as long as there is no risk of confusion with the created corporate design.
8. A transfer of the rights of use to third parties requires an individual contractual agreement.
9. The rights of use shall not be transferred to the customer until the remuneration has been paid in full.

Photography and video
1. netzwerk.design creates professional videos and photographs for its customers. The services agreed in detail result from the individual contract concluded between netzwerk.design and the customer.
2. The customer first submits an enquiry to netzwerk.design with as precise a description as possible of the services they require. This enquiry constitutes an invitation to submit an offer by netzwerk.design. netzwerk.design will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between netzwerk.design and the customer is only concluded when the offer is accepted by the customer.
3. The customer's specifications shall be taken into account to the best of our knowledge and belief. The contracting parties recognise that the creation of videos and photographs is a creative service that requires a high degree of artistic freedom. netzwerk.design therefore only owes the creation of a work that corresponds to the customer's wishes according to its own experience and assessment. Complaints regarding the artistic design are generally excluded.
4. Unless otherwise agreed, the customer shall have the right to two correction loops with regard to the image processing (e.g. using filters and effects) of the photographs created; however, a new creation of the photographs is excluded. Complaints regarding the artistic design are generally excluded. If the customer wishes to make further changes, he shall bear the additional costs
5. If the customer provides persons for the creation of videos or photographs (e.g. its employees or professional models), it is solely responsible for ensuring that the persons concerned have consented to the use of the recordings. In particular, the customer is responsible for concluding suitable model release contracts and obtaining employee consent that complies with data protection regulations.
6. As soon as the agreed object of performance has been completed, netzwerk.design shall request the customer to accept the work.
7. Unless otherwise agreed in an individual contract, netzwerk.design may demand that a suitable copyright notice be placed in an appropriate position on the works created.
8. Unless otherwise contractually agreed and not otherwise to be expected from the purpose of the contract, the customer shall only receive photographs that have been fully processed for the respective purpose. The customer shall not be entitled to receive the raw data or editable files (RAW files, open files from image programmes, etc.).
9. If netzwerk.design cannot or does not wish to provide the services mentioned here itself, netzwerk.design can arrange suitable service providers for the customer (agency business). If the parties agree on a brokerage transaction, netzwerk.design shall conclude the contract for the creation of the videos/photographs with the third-party service provider in the name and for the account of the customer or broker such a contract. netzwerk.design acts as a pure intermediary vis-à-vis the third-party service provider. The contractual relationship arises solely between the customer and the third-party service provider. netzwerk.design is not involved in this contract. netzwerk.design informs the customer of all essential steps and agrees the details of the content and conclusion of the contract (in particular the type and prices) with the customer and is bound by the customer's instructions. The respective price and/or terms and conditions of the third-party service provider shall apply. The customer shall pay for the services directly to the third-party service provider. Acceptance of the services shall be made vis-à-vis the third-party service provider. It is the responsibility of the customer to check that the completed video/photographs are free of defects. netzwerk.design is not liable for the contractual production of the services by the third-party service provider. netzwerk.design shall provide the customer with all necessary information in the event of a dispute, insofar as this is legally permissible. netzwerk.design is not obliged to provide any additional support for the assertion of warranty claims or other claims. The provisions under „Liability / Indemnification“ remain unaffected by this.

Design of print products
1. The subject of design contracts in the print sector between netzwerk.design and the customer is generally the development of print products according to the customer's design specifications (e.g. design of banners, post graphics, posters, signs, flyers, roll-ups, vehicle or shop window stickers, textiles or logo designs). Design contracts concluded between the parties are contracts for work within the meaning of Section 631 et seq. BGB. A deviating scope of services can be agreed between the parties in individual contracts.
2. The services agreed in detail result from the individual contract concluded between netzwerk.design and the customer. For this purpose, the customer first submits an enquiry to netzwerk.design with as precise a description as possible of the design services desired. This enquiry represents an invitation to submit an offer by netzwerk.design. netzwerk.design will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer based on the wishes arising from the customer's enquiry. A contract between netzwerk.design and the customer is only concluded when the offer is accepted by the customer.
3. After the contract has been concluded, the customer's requirements are discussed in a further briefing if necessary and the specifications are concretised. At this point, customer requests can be introduced, provided they are covered by the originally agreed scope of services. If necessary, there is the option of a rebriefing before the service is produced. Adjustments shall become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, netzwerk.design is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.
4. As soon as the agreed object of performance has been completed, netzwerk.design shall request the customer to accept the work.
5. Unless otherwise agreed, the customer shall be entitled to two correction loops. Complaints regarding the artistic design are generally excluded after the agreed correction loops have been carried out. If the customer wishes to make further changes, he shall bear the additional costs.
6. A prerequisite for netzwerk.design's activities is that the customer provides netzwerk.design with all data required for the realisation of the project (texts, templates, graphics, etc.) in full and in a suitable form before the start of the order. netzwerk.design is in no way responsible to the customer for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the customer. If the customer does not fulfil this obligation, netzwerk.design may charge the customer for the time spent as a result.
7. The remuneration is the subject of an individual contractual agreement between the parties. In all other respects, the statutory provisions shall apply.
8. Unless otherwise contractually agreed and not otherwise to be expected from the purpose of the contract, netzwerk.design only owes the delivery of a print file (e.g. PDF, JPG or PNG) in addition to the contractually agreed service items when creating print products. The customer is not entitled to receive an editable file (e.g. open files from graphics programmes).

Processing of print orders
1. netzwerk.design offers the customer the processing of orders for the creation of print products (flyers, brochures, posters, catalogues, etc.). netzwerk.design takes over all agreed actions, e.g. communication with the respective service provider (print service provider) carrying out the printing. Depending on the agreement, netzwerk.design offers the services as direct business or as agency business.
2. If the parties agree on a direct transaction, netzwerk.design shall print the ordered print products itself or commission a print service provider in its own name and for its own account. In this case, the customer's contractual partner is exclusively netzwerk.design. There is no contractual relationship between the customer and the print service provider. netzwerk.design invoices the customer directly for the print products. The customer accepts the print products from netzwerk.design.
3. If the parties agree on a brokerage transaction, netzwerk.design shall conclude the contract for the creation of the print products with the print service provider in the name and for the account of the customer or broker such a contract. netzwerk.design shall act purely as an intermediary vis-à-vis the print service provider. The contractual relationship arises solely between the customer and the print service provider. netzwerk.design is not involved in this contract. netzwerk.design informs the customer of all essential steps and agrees the details of the content and conclusion of the contract (in particular the type, prices and quantities) with the customer and is bound by the customer's instructions. The respective price and/or terms and conditions of the print service provider shall apply. The customer shall pay for the services directly to the print service provider. The print products shall be accepted by the print service provider. It is the responsibility of the customer to check that the finished print products are free of defects. netzwerk.design is not liable for the contractual production of the print products by the print service provider, in particular not for their content, stock, quality and/or condition. netzwerk.design shall provide the customer with all necessary information in the event of a dispute - insofar as legally permissible. netzwerk.design is not obliged to provide any further support in the assertion of warranty claims or other claims. The provisions under „Liability / Indemnification“ remain unaffected by this.
4. The customer is obliged to carefully check the print data to be transmitted for content and technical accuracy and completeness before sending it to the print service provider. Unless otherwise agreed, netzwerk.design shall not check the print data for content or technical accuracy. The print products ordered shall only be printed once the customer has issued the final print approval.
5. If a specific transmission format is required (e.g. PDF, Indesign), the customer shall transmit the print data in this format.

Marketing

SEO marketing
- netzwerk.design offers the customer services in the area of SEO marketing, among others. As part of the service provision, netzwerk.design only owes the implementation of measures which, according to netzwerk.design's own experience, can have a positive influence on the search engine ranking or are expressly ordered by the customer. This is a service within the meaning of §§ 611 ff. BGB (GERMAN CIVIL CODE). However, a specific result (e.g. a specific ranking in the search engine hit list) is only owed as part of the SEO services if this has been expressly guaranteed. Marketing services can be cancelled by both contracting parties with a notice period to the end of the current month.

SEA campaigns
- netzwerk.design offers the customer services in the area of SEA campaigns. As part of the provision of services, netzwerk.design is only responsible for submitting proposals for effective keywords and, following approval by the customer, for implementing the measure (placement of adverts). These are services within the meaning of §§ 611 ff. BGB (GERMAN CIVIL CODE). A specific result (e.g. sales figures) is not owed within the scope of SEA services unless this has been expressly guaranteed. netzwerk.design is not obliged to check the legality of keywords. netzwerk.design makes suggestions to the customer regarding the booking of keywords. The customer is responsible for the legal examination, in particular with regard to the trademark rights of third parties and the approval of the keywords before the campaign is carried out. The fee agreed for the services described above does not include the costs for the placement of chargeable adverts; unless otherwise agreed, these costs are to be borne by the customer.

Social Media Marketing
1. Among other things, netzwerk.design provides its customers with technical support for the creation and/or maintenance of social media presences. If the customer utilises these services, netzwerk.design shall only be responsible for the technical creation of the social media presences and/or the technical maintenance of the content to be provided by the customer.
2. In addition to the creation of social media presences, posting on behalf of and under the name of the customer (so-called ghost posting) can also be agreed. netzwerk.design is free to organise the content as long as there are no specifications from the customer. There is no obligation to respond to posts from third parties or to monitor them. This is the responsibility of the customer as the operator.
3. If the customer provides content (images, texts, videos, etc.), netzwerk.design will not check this content for content or legal accuracy. In this respect, it is expressly pointed out that netzwerk.design is not authorised to provide the customer with legal advice. Should netzwerk.design nevertheless determine in individual cases that the content provided by the customer violates applicable law, netzwerk.design may refuse to post such content.
4. All content must be approved by the customer and is then uploaded to the respective websites by netzwerk.design, whereby netzwerk.design is only responsible for the technical uploading of the content and is only responsible for this; the provisions under „Liability / Indemnification“ remain unaffected.
5. The customer alone is the service provider within the meaning of Section 10 TMG. netzwerk.design merely acts as the customer's processor.

Placement of adverts
1. netzwerk.design supports the customer with ad placements in social media portals, search engines and other media („adverts“).
2. netzwerk.design advises customers on how to design their adverts so that they are as visible as possible. Certain results (e.g. sales figures, leads) are not owed.
3. netzwerk.design also supports the customer in the conceptualisation of the texts and images for the advertisements. However, the selection of content for the adverts (images, texts, videos, imprints, etc.) is the sole responsibility of the customer. netzwerk.design will not check the content or legal accuracy of the adverts as a whole. In this respect, it is expressly pointed out that netzwerk.design is not authorised to provide the customer with legal advice. Should netzwerk.design nevertheless determine in individual cases that the content provided by the customer and/or the advertisements violate applicable law, netzwerk.design may refuse to post such content or create the advertisements.
4. All content must be approved by the customer and is then uploaded by netzwerk.design to the respective advertising channels, whereby netzwerk.design is only responsible for the technical uploading of the content and is only responsible for this; the provisions under „Liability / Indemnification“ remain unaffected.
5. The fee agreed for the services described above does not include the costs for the placement of chargeable advertisements; unless otherwise agreed, these costs shall be borne by the customer.
6. The customer alone is the service provider within the meaning of Section 10 TMG. netzwerk.design merely acts as the customer's processor.

Other provisions

Prices and remuneration
- The remuneration for the services of netzwerk.design is the subject of an individual contractual agreement between the parties and is generally based on the offer.

Acceptance
- If a work performance has been agreed, netzwerk.design may demand that the acceptance takes place in writing; written acceptance is only owed if netzwerk.design requests the customer to do so. The acceptance provisions of the German Civil Code remain unaffected. The acceptance period within the meaning of § 640 para. 2 sentence 1 BGB is set at 2 weeks from notification of completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, in which case netzwerk.design will inform the customer separately. If the customer does not respond within this period or does not refuse acceptance due to a defect, the work shall be deemed to have been accepted.

Warranty for defects
- An insignificant defect does not justify any claims for defects. The choice of the type of subsequent fulfilment lies with netzwerk.design. The limitation period for defects and other claims is one (1) year; this shortening of the limitation period does not apply to claims resulting from intent, gross negligence or injury to life, limb or health by netzwerk.design. The limitation period shall not begin again if subsequent fulfilment takes place within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.

Contract term for continuing obligations
- Subject to deviating provisions in and outside of these GTC, continuing obligations have a minimum term of 12 months. The cancellation period is 3 months. If the contract is not cancelled in due time at the end of the term, it is automatically extended by a further 12 months. The right to extraordinary cancellation without notice for good cause remains unaffected.

Granting of rights, self-promotion and right of mention
1. netzwerk.design grants the customer - after full payment of the order by the customer - a simple, non-transferable right of use to the corresponding work results. Further rights can be agreed in individual contracts.
2. Unless otherwise agreed, the customer expressly authorises netzwerk.design to present the project to the public in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, netzwerk.design is authorised to advertise the business relationship with the customer and to refer to itself as the author on all advertising material created and in all advertising measures, without the customer being entitled to any remuneration for this.
3. Furthermore, netzwerk.design is entitled to place its own name with a link in an appropriate manner in the footer and in the imprint of the website(s) created by netzwerk.design, without the customer being entitled to any remuneration for this.

Confidentiality
- netzwerk.design shall treat all business transactions of which it becomes aware, in particular, but not exclusively, print documents, layouts, storyboards, figures, drawings, tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products and such other documents containing films and/or radio plays and/or other copyrighted materials of the customer or companies associated with the customer, as strictly confidential. netzwerk.design undertakes to impose this confidentiality obligation on all employees and/or third parties (e.g. suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business transactions. The confidentiality obligation shall apply indefinitely beyond the term of this contract.

Liability / Indemnity
1. netzwerk.design shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability, such as under the Product Liability Act. If netzwerk.design negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations which the contract imposes on netzwerk.design according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely. Any further liability of netzwerk.design is excluded. The above liability provisions also apply with regard to the liability of netzwerk.design for its vicarious agents and legal representatives.
2. The customer shall indemnify netzwerk.design against any third-party claims asserted against netzwerk.design due to violations of these GTC or applicable law by the customer.

Dealing with illegal content
1. If netzwerk.design provides you with storage capacity (e.g. as part of hosting), no content may be stored on this storage space that is offensive, extremist, glorifies or trivialises violence, incites hatred, is right-wing extremist, discriminatory, anti-constitutional, harmful to minors or pornographic, violates the rights of third parties (e.g. trademark and copyright law or other applicable law or morality (in particular criminal law and the law on administrative offences) or contains malicious code or malware.rights (e.g. trademark and copyright law) or other applicable law or morality (in particular criminal law and the law on administrative offences) or contain malicious code or malware. If netzwerk.design becomes aware that unauthorised content within the meaning of this paragraph could be stored on the storage space provided as part of the hosting, it will proceed as follows:
2. netzwerk.design will immediately conduct a cursory examination of the content in question. Should the cursory examination reveal that unauthorised content cannot be ruled out, netzwerk.design may, at its own discretion, temporarily block this content or take other measures appropriate to the risk situation, up to and including deletion of the content. netzwerk.design will request the customer to make a statement and grant him a reasonable period of time to do so.
3. As soon as the customer's statement has been received or if the customer has not submitted a statement within the period granted, netzwerk.design will make a final decision on how to deal with the content in question. In particular, the following measures may be considered: warning; indefinite blocking or permanent deletion of the content; temporary blocking of the customer (alternatively, partial blocking may also take place); ordinary or extraordinary termination of the contract; criminal complaint or complaint to the public order office (if a criminal offence is involved that may pose a danger to the life, limb or safety of a person, netzwerk.design is legally obliged to report this). netzwerk.design will only take the respective measure after a thorough and objective assessment, taking into account in particular the severity of the violation, the number of total violations, potential effects on the services provided by netzwerk.design, its customers and other third parties, the overall behaviour (e.g. ability to understand the violation), the fault (intent, negligence), the motives for the violation (if recognisable) and the customer's admission (if any).
4. netzwerk.design will inform the customer about the evaluation, its result and the measures decided upon, provided there are no legal reasons to the contrary.
5. netzwerk.design will not proactively check the stored content and - unless otherwise stated - will not carry out any automated checks of the stored content. However, it will take action as soon as it recognises such content itself or is informed of such content by third parties. If the customer becomes aware of such content, he can of course contact netzwerk.design at any time using the contact details in the legal notice.
Final provisions
1. The contracts concluded between netzwerk.design and the customer are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the registered office of netzwerk.design shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.
3. Please note that when (web) designers are commissioned, a levy is generally payable to the Artists„ Social Security Fund. This is a statutory levy which is laid down in the “Law on the Social Insurance of Self-employed Artists and Publicists" (KSVG). The customer must report this independently to the Artists' Social Security Fund. netzwerk.design has no influence on the amount and scope of this contribution. The client alone is responsible for reporting and paying the contribution.
4. netzwerk.design is authorised to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. If he objects, the changes shall not come into force; in this case, netzwerk.design shall be entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment of these GTC shall refer to the deadline and the consequences of the objection or its absence.

Status: July 2024