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GTCs

§ 1 Subject of the contract / General

(1) The author PAULA MAIWURM, An der Kreuzheck 64, 60529 Frankfurt, Germany (hereinafter: "provider") offers customers (hereinafter: "customer") services in the field of Creation of texts, presentations, translations and data analysis (hereinafter: content).

(2) The provider assures that he does not work exclusively for the customer and is not subject to any instructions under labor law. No employee relationship is established with the customer. Jobs are accepted on a freelance basis.

(3) The services of the provider are aimed at entrepreneurs. The customer is a consumer within the meaning of § 13 BGB (German civil code), insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, according to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

 

§ 2 Conclusion of contract

(1) The contract is concluded as follows: Customers can contact the provider and send an inquiry. The provider creates an individual offer based on this. The customer can accept this with a confirmation by e-mail or letter. The contract is binding with the confirmation of the customer.

(2) With regard to the scope of the services offered, reference is made to the respective service description between the parties or the offer of the provider.

(3) The contract is concluded in German or English. The text of the contract is stored in compliance with data protection regulations.

 

§ 3 Services

(1) The provider is basically free with regard to the textual and graphic implementation, unless the customer makes any specifications.

( 2) In the case of texts that violate applicable laws, the provider rejects the order and reserves the right to claim damages against the customer.

(3) The content is made available in the file format requested by the customer (e.g. Word or PDF). The provider is entitled to switch to a common file format if the format desired by the customer is disadvantageous for the quality of the files or cannot be converted or can only be converted with disproportionate effort.

(4) The provider grants two correction loops in the event of complaints about the content created. Defects in the content must be reported to the provider immediately.

(5) If it turns out in the course of the order that the order requires significantly more or less effort, the parties can renegotiate the agreed remuneration.

(6) If the content is to be transferred to a cloud (e.g. Dropbox), the cloud storage must be made available by the customer. The provider is not liable for data loss in the cloud. If the content is to be sent to the customer on a data medium by post, the risk of shipment is transferred to the customer.

 

§ 4 Cooperation, delivery time

(1) If a specific delivery time has been agreed between the parties, this may be extended in the event of force majeure, illness of the provider or lack of cooperation on the part of the customer. A claim for damages by the customer does not result from this.

(2) The customer is obliged to cooperate if this is necessary for the fulfillment of the order. If the customer refuses to cooperate, the provider is entitled to withdraw from the contract while maintaining claims for damages.

 

§ 5 Copyright of the provider

(1) The copyright to all content made available remains with the provider. The customer is granted a worldwide right of use that is unlimited in terms of time and content.

(2) The granting of the rights of use by the provider is subject to the condition precedent of full payment of the provider's remuneration.

(3) If the content created by the provider is to be published as part of a scientific publication, the name of the provider must be given as the author. A different agreement can be made with the consent of the provider.

 

§ 6 Compensation and payment processing

(1) Agreed payment terms apply at the time the contract is concluded. A flat-rate fee, billing based on an hourly quota or in blocks can be agreed.

(2) In principle, payment is made on account. If the customer is in arrears with the payment, the provider is entitled to demand default interest in accordance with the statutory provisions. The customer is already in default by missing the payment date. In this case, he has to pay the provider interest on arrears for the year in the amount of 9 percentage points above the base interest rate.

(3) The provider reserves the right to demand payment in advance or an appropriate down payment. In this case, the customer will be informed of this before the contract is concluded.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider. The customer reserves the right to prove that the provider suffered less damage.

(5) If the customer is in arrears with a payment, the provider is entitled to withdraw from the contract.

 

§ 7 Third party rights

(1) If the customer provides the provider with content - in particular texts or graphics - for the provision of services, the customer assures that he has all the necessary corresponding rights to this content. If claims are made against the provider in this regard by third parties due to the infringement of property rights, the customer shall indemnify the provider against third-party claims.

(2) The provider is entitled to use brands and other protected content of the customer if this is necessary to fulfill the order.

 

§ 8 References

The provider is entitled to provide the customer as a reference free of charge on the website and in social networks, unless otherwise expressly agreed.

 

§ 9 Confidentiality

(1) "Confidential information" is all information, files and documents about business transactions of the other party that come to its knowledge.

(2) Both parties undertake to maintain secrecy about confidential information relating to the other party and to use it only for the implementation of this contract and the purpose pursued with it.

(3) Both parties undertake to impose the duty of confidentiality on all employees and/or third parties who have access to the aforementioned business transactions.

(4) The confidentiality obligation according to paragraph 2 does not apply to information

a) which were already known to the other party when the contract was concluded,

b) which had already been published by the respective party at the time of disclosure, without this resulting from a breach of confidentiality by the other party,

c) which the other party has expressly released in writing for disclosure,

d) which the other party has lawfully received from other sources without restrictions affecting confidentiality, provided that the disclosure and use of this confidential information does not violate either contractual agreements, statutory provisions or official orders,

e) which the other party has developed itself without access to the Confidential Information of the customer,

f) which must be disclosed due to legal information, notification and/or publication obligations or official orders.

g) regarding the reference from § 8 of the General Terms and Conditions.

 

§ 10 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health. Liability is limited to the value of the order amount.

(3) The limitations of liability also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

 

§ 11 Data protection

(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the execution of the contract or the customer has given his consent.

(2) If the customer transmits personal data from third parties, he assures that the consent of the third party has been obtained. The customer exempts the provider from any claims by third parties in this regard.

(3) The rights of the customer or those affected by the data processing result in particular from the following standards of the GDPR:

  • Article 7(3) – Right to withdraw consent under data protection law

  • Article 15 - Right of access of the data subject, right to confirmation and to be provided with a copy of the personal data

  • Article 16 – Right to rectification

  • Article 17 – Right to erasure (“right to be forgotten”)

  • Article 18 – Right to restriction of processing

  • Article 20 – Right to data portability

  • Article 21 – Right to object

  • Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling

  • Article 77 – Right to lodge a complaint with a supervisory authority

(4) Reference is made to the data protection declaration on the provider's website.

 

§ 12 Place of jurisdiction and applicable law

(1) The business relationships between the provider and the customer are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) Place of jurisdiction and place of performance is the seat of the provider in Frankfurt (Hesse, Germany), insofar as the customer is a merchant within the meaning of the German Commercial Code or a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.

 

§ 13 Severability clause

(1) Should a provision of these General Terms and Conditions be or become invalid, the validity of the rest of the General Terms and Conditions shall not be affected. The invalid provision should be replaced by a provision that comes as close as possible to the will of the parties within the scope of what is legally possible. The same applies in the event of a loophole.

(2) In the event of discrepancies between the German and English versions of the General Terms and Conditions, the German version takes precedence.

 

Status: February 2023

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