AGB – Stand: März 2014
a) The following terms and conditions apply exclusively to all contracts, agency services and services provided by OBSESSION GmbH, represented by the Managing Director Oliver Bechler, Lindleystraße 12, 60314 Frankfurt am Main HRB, VAT ID: DE293825249. The following GTC apply to all contracts, deliveries and other services.
b) Deviations from these Terms and Conditions are only effective if OBSESSION confirms them in writing. Additional agreements or assurances by agents of OBSESSION that go beyond the content of the respective contract including these Terms and Conditions must be confirmed in writing by OBSESSION.
c) Deviating provisions by the customer's General Terms and Conditions shall only become effective if they are expressly accepted by OBSESSION in writing. The acceptance of the services of OBSESSION shall in any case be deemed as acceptance / acknowledgement of the General Terms and Conditions.
d) OBSESSION is entitled to change the terms and conditions at any time with a reasonable notice period and to discontinue the agency or service in whole or in part after prior notice.
2) Conclusion of a contract:
a) The contract for a service provided by OBSESSION shall be concluded upon the counter-signature of the business performance by OBSESSION or upon the written acceptance of an "offer" / "cost estimate" / "(rough) calculation" by the customer. In exceptional cases, the acceptance of the "Offer" / "Estimate" / "(Rough) Calculation" may also be made by oral confirmation or conclusive act within the correspondence.
b) The release of the offer is to be regarded as acceptance in accordance with § 144 BGB.
c) OBSESSION may make the conclusion of the contract dependent on the submission of a written template or an advance payment. OBSESSION is free to accept the contract.
d) The offer prices are only valid for undivided orders. Invoicing shall be plus the statutory value added tax, which shall be listed separately.
3.) Scope of Services:
a) Both contracting parties are obliged to inform each other immediately about possible changes to the contractual basis (e.g. scope of services).
b) Services not included in the offer, which are additionally performed upon the customer's request or additional expenses / expenditures, which are caused by incorrect information provided by the customer, by faulty errors not caused by OBSESSION, no matter of which kind, or errors of third parties, as far as they are not vicarious agents of OBSESSION, require a separate calculation according to the current remuneration rates of the agency.
c) OBSESSION is entitled to refuse the performance of services that are contrary to law or morality.
4) Contract duration and termination:
a) The contract begins on the date specified in the main / basic contract and is valid for the agreed period. The right of termination in due time or termination without notice for cause is available to both contracting parties in accordance with the provisions in the main / basic contract.
b) In case of termination of the contract by the customer without good cause, OBSESSION shall receive the agreed remuneration for services already rendered in full or in part. Furthermore, OBSESSION is entitled to damages for non-performance of the contract by the customer. The compensation amounts to 50% of the net order of the not yet performed services. OBSESSION reserves the right to claim higher damages by providing evidence of the damage incurred.
c) If the execution of the originally placed order is thwarted due to other reasons for which the contracting parties are not responsible, OBSESSION shall be entitled to the fee already due for all services rendered.
5.) Implementation and organization:
a) As a rule, the prerequisites for organizing and executing an order are a concept approved by the customer/contracting party, a detailed description of services agreed with the customer, a calculation and a legally valid order in the form of a contract.
b) The conclusion of all contracts necessary for the execution of this contract shall be made in the name and on behalf of the customer. In this respect, OBSESSION is authorized by the customer to conclude all contracts, which are necessary or at least expedient for the execution and fulfillment of the contract, in the name of the customer. OBSESSION is authorized to give instructions in the interest and on behalf of the customer to suppliers who have been commissioned by the customer with services for the event.
6) Liability for defects:
a) The customer is obliged to check the performance of OBSESSION for correctness and completeness upon acceptance and to give notice of defects. Obvious defects are to be reported immediately, hidden defects within a period of 7 days after receipt / event date.
b) If the customer demands appropriate subsequent performance, it is left to the choice of OBSESSION to remove the defect complained about or to make a suitable replacement.
c) If a subsequent performance or rectification is excluded due to the lapse of time (end of the event), the customer only has the option of claiming a reduction.
d) In case the customer does not duly fulfill his contractual obligations, OBSESSION has the right to eliminate claims for defects only after the customer has fulfilled the contract.
a) Service: OBSESSION is entitled to invoice separately for each service rendered. Unless otherwise agreed, the invoice amounts are due upon receipt of the invoice. In addition, OBSESSION is entitled to demand freely chargeable advances to cover the expenses and to issue a final invoice after the project has been completed. Travel costs and expenses will be charged according to time and effort, external services will generally be charged at a flat rate including a handling fee. OBSESSION undertakes to issue proper invoices in accordance with the statutory provisions.
b) Default in payment:
OBSESSION is entitled to withdraw from the contract in case of default of payment and after having sent a written reminder with a deadline and to claim damages for non-performance. In case of default of payment OBSESSION reserves the right to claim reminder fees and default interest according to §§ 288 ff BGB.
c) Right of set-off and assignment:
The customer may only declare offsetting with undisputed, legally binding counterclaims. The rights of a contractual party arising from this contractual relationship are transferable with the prior consent of the other contractual party.
8) Property rights:
a) According to § 28 BDSG OBSESSION draws attention to the fact that the data necessary in the context of the business transaction are processed and stored by means of an EDP system according to § 33 BDSG. Personal data will of course be treated confidentially.
b) It is pointed out that all records or documents provided within the scope of a placed order as well as all agency documents of the customer and OBSESSION are subject to the Federal Data Protection Act. The contracting parties commit themselves for the duration of the contractual relations to the common property. The above obligations of the contracting parties may be extended or shortened accordingly by separate written agreement.
c) OBSESSION is obliged to keep handed over documents for the duration of the respective project. The customer is requested to provide OBSESSION with duplicates only or to take care for the creation of a duplicate before dispatch. OBSESSION does not assume any liability for documents of the customer which are not demanded back within one month after completion of the contract / project.
d) OBSESSION is entitled to make recordings of the respective projects (image or sound carriers of any kind) and to use them for documentation, for storage, for editorial purposes and for its own PR measures. The contracting parties mutually authorize the issuance of press releases, whereby the respective author is to be named.
e) The word and figurative mark "OBSESSION" is the property of OBSESSION and protected by copyright. The use of this word-picture mark is exclusively reserved to OBSESSION. The naming, use or alienation of this word-picture-mark requires the explicit written permission.
f) All works, ideas, concepts, presentations, project sketches, project papers, plans and layouts created by OBSESSION are the property of OBSESSION. Any editing, use, duplication or distribution is only allowed with the explicit permission of OBSESSION. If an order is not placed by the potential customer, he is not allowed to use the ideas, proposals, etc. provided by OBSESSION.
9) Liability and limitation of liability:
a) For damages to persons or property caused by employees or agents of OBSESSION, OBSESSION is only liable in case of negligent or intentional acts, unless mandatory legal regulations are opposed. If OBSESSION is proven to have acted with gross negligence, the liability for any damage caused is limited to the amount of the agreed agency fee. The limitation of liability does not apply in case of injury to life, body or health.
b) Limitations of liability under the Product Liability Act shall remain unaffected by this limitation.
c) If offers are prepared according to the information or according to the contents of the documents provided by the customer or a third party commissioned by the customer, OBSESSION shall not be liable for the correctness or suitability of these documents, unless their incorrectness or inaccuracy was not recognized due to gross negligence or intent.
10) Final provisions:
a) The place of performance and jurisdiction for all disputes between the parties arising from the contract is the registered office of the Agency, insofar as the Customer is a registered trader or legal entity.
b) The contractual relationship shall be governed by German law.
c) Should any provision of these Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions of these Terms and Conditions. Instead, the invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the agreement and which the contracting parties would have agreed upon had they been aware of the invalidity of the provision.
Gleiches gilt für die Unvollständigkeit dieser Bestimmungen.
Frankfurt am Main im März 2014