General Terms and Conditions of the inception agency
inceptionagency (owner Ferdinand Leopold Gruber)
Nikolaus-Geiger-Straße 26
89415 Lauingen, Germany
Phone: +49 9072 6044 998
E-Mail: info@inceptionagency.de
German law applies. The General Terms and Conditions in German written form also apply to European and international business.
1. General regulations
1.1 Scope, form
(1) These General Terms and Conditions (customer) apply to all business relationships between inceptionagency and its customers. The General Terms and Conditions only apply if the customer is an entrepreneur in accordance with Art. § 14 BGB, a legal entity under public law or a special fund under public law.
(2) The General Terms and Conditions apply to all services, in particular to contracts for real estate visualizations, their creation and sale. Unless otherwise agreed, the GTC in the version valid at the time of the customer's order shall apply as a framework agreement, i.e. also for similar future contracts, without inceptionagency having to refer to them again in each individual case.
(3) These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that inceptionagency has expressly agreed to their validity. This consent requirement applies in any case, for example, even if the customer refers to his terms and conditions within the framework of the order and inceptionagency does not expressly object to this.
(4) Legally relevant declarations and notifications of the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing. Written form within the meaning of these GTC includes written and textual form (e.g. letter, e-mail, fax). Legal formal requirements and further evidence, especially in case of doubts about the legitimacy of the declarant, remain unaffected.
1.2 Conclusion of the contract, performance deadlines
(1) Offers from inceptionagency are subject to change and non-binding. This also applies if inceptionagency has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents - also in electronic form – to which inceptionagency reserves its proprietary rights and copyrights.
(2) An order by the customer, e.g. by e-mail in response to an offer, is considered a binding contract offer, unless otherwise stated in the order. To do this, the offer must be signed and returned. inceptionagency is entitled to accept this contract offer within 7 days of its receipt. This is usually done in text form by order confirmation.
(3) Any performance deadlines are agreed individually. If this is not the case, the performance period is approximately two months and depends on the cooperation of the customer.
1.3 Prices, services and terms of payment, counterclaims
(1) Unless otherwise agreed in individual cases, the agreed prices, in particular the plus VAT, shall apply. the applicable statutory value added tax.
(2) Depending on the offer, a stated flat rate does not include services that are provided on a time basis.
(3) The respective remuneration is to be paid within 7 days from invoicing. In individual cases, a (pro rata) payment can also be agreed upon from acceptance or interim acceptance. This will then be shown accordingly in the offer.
(4) inceptionagency is entitled at any time to carry out a delivery in whole or in part only against prepayment.
(5) At the end of the seven-day payment period, the customer is in default. The remuneration shall be subject to interest at the applicable statutory default interest rate during the delay. in particular, inceptionagency reserves the right to assert further damages for delay.
(6) The customer is only entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed. In the event of defects, the customer's counter-rights remain unaffected in particular. inceptionagency is entitled to make the owed subsequent performance dependent on the customer paying the due remuneration. However, the customer is entitled to withhold a reasonable part of the remuneration in relation to the defect.
1.4 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by inceptionagency, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, inceptionagency shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of inceptionagency, if claims are asserted directly against them.
(4) Which is derived from para. 1 and 2 shall not apply if inceptionagency fraudulently concealed a defect or assumed a guarantee. The same applies if inceptionagency and the customer have concluded an agreement on a quality. The provisions of the Product Liability Act remain unaffected.
1.5 Confidentiality
(1) "Confidential Information" means information and documents about business transactions of the other party concerned that have come to the knowledge of the other party insofar as these are marked as "confidential", in particular, but not exclusively, print documents, layouts, storyboards, numerical material, drawings, audio tapes, images, videos, DVDs, CD-ROMs, interactive products and such other data, the films and/or radio plays and /or other copyrighted materials.
(2) Both parties undertake to keep confidential information concerning the other party confidential and to use it only for the execution of this contract and the purpose pursued by it. This obligation will continue for a period of 12 months after termination of the contract.
(3) Both parties undertake to impose appropriate confidentiality obligations on the employees and/or third parties.
(4) The duty of confidentiality according to para. 2 does not apply to information,
a) which were already known to the other party at the time of conclusion of the contract,
b) which were already published at the time of disclosure by the inceptionagency, without this resulting from a breach of confidentiality by the other party in each case,
c) which the other party has expressly approved in writing for disclosure,
d) which the other party has received lawfully and without confidentiality restrictions from other sources, provided that the disclosure and use of this confidential information does not violate contractual agreements, legal regulations or official orders,
e) which the other party has developed itself without access to the customer's confidential information, f) which must be disclosed due to legal information, information and/or publication obligations or official orders. To the extent permitted, the party obliged to do so will inform the other party about this as early as possible and support them in the best possible way to take action against the obligation to disclose.
(5) If any confidential information is made known to inceptionagency by a third party, it shall notify the customer of this immediately in writing.
1.6 Subcontractors
The involvement of third parties (subcontractors) by the inceptionagency is permitted without the consent of the customer.
1.7 Reference customer and reference projects
inceptionagency is entitled to assign the customer as a reference customer (e.g. online, on the company's own website, incl. their company logo) and to use the project results, in particular the visualizations, on their own website, other public appearances, in marketing materials, for reference purposes and for marketing purposes. For this purpose, the customer grants inceptionagency a simple, unlimited, free right of use to use the company logo, the name and the project results.
1.8 Ordinary termination
(1) If a continuing obligation relationship is agreed, the relationship is agreed for a limited period of 12 months from the conclusion of the contract. Subsequently, the term is automatically extended for a further year in each case, if the contract is not terminated by one of the parties with a notice period of three months to the end of the fixed term or an extension period.
(2) Any termination must be in writing.
(3) The right to extraordinary termination remains unaffected.
1.9 Termination for good cause
(1) Either party may terminate the contract for good cause.
(2) There is an important reason, in particular,
- if insolvency proceedings are opened over the assets of the other contracting party or if the opening of insolvency proceedings is refused due to lack of assets, or
- the customer does not fulfill his obligations to cooperate on time despite a reminder from inceptionagencys,
1.10 Choice of law and place of jurisdiction, further provisions
(1) Changes and additions to the respectively concluded contract and the applicable conditions, including the agreement on the waiver of the written form requirement, must be made in writing.
(2) Should a provision of the respectively concluded contract and the applicable conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties will endeavour to replace the ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible to the ineffective or unenforceable provision in economic terms. The same applies in the event of a regulatory gap.
(3) For these customers and the contractual relationship between inceptionagency and the customer, the law of the Federal Republic of Germany applies to the exclusion of international uniform law.
(4) If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is inceptionagency's place of business in Lauingen. The same applies if the customer is an entrepreneur in the sense of §14 BGB. however, in all cases, inceptionagency is also entitled to bring an action at the customer's general place of jurisdiction. overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.
2. Special regulations for the performance of work
2.1 Object of performance
(1) In addition to the provisions of these General Terms and Conditions, §§ 631 ff. BGB shall apply.
(2) inceptionagency does not check the accuracy or completeness of customer information, unless this has been expressly agreed. inceptionagency also does not check whether the data, content and information provided by the customer or their use violate the rights of third parties.
(3) In principle, the object of the work performance is not the legality of the data collection and data processing by third parties by the customer.
2.2 Services of inceptionagency
(1) The scope of services is governed by the respective agreements, in particular the respective offer and, if applicable, related price and service agreements of inceptionagency. Content created by inceptionagency that is not part of a flat rate or an offer will be charged according to actual effort.
(2) Unless otherwise agreed, inceptionagency undertakes, in consultation with the customer, to develop and create a concept and project management for the creation of the real estate visualizations.
(3) Decisive for the definition of the scope of services is the service description, which results from the offer and other documents and agreements.
(4) The customer is entitled to demand changes to the agreed scope of services in writing. inceptionagency will implement the desired changes after actual time expenditure for an agreed surcharge.
(5) inceptionagency will provide the visualization to the customer.
2.3 Cooperation and services of the customer
(1) The customer shall provide inceptionagency with the content required for the creation of the visualization immediately, on his own responsibility, insofar as these are not collected by inceptionagency in accordance with the offer itself. inceptionagency is not obliged to check the contents provided by the customer, in particular not with regard to whether they are suitable for achieving the purpose pursued with the creation of the visualization or whether they are free of third-party rights.
(2) The content to be provided by the customer includes in particular all texts, photographs, graphics, tables and files to be used according to the customer's request.
(3) Those mentioned in para. 1 and 2, the data to be provided by the customer will be made available to inceptionagency in the pre-agreed, digital form and the jointly defined format. If the customer provides the data in a form other than the agreed form, inceptionagency will convert it for remuneration in accordance with the list of prices and services.
(4) The cooperation obligations listed above are not exhaustive. The customer must always comply with his obligation to cooperate immediately.
(5) If the customer does not fulfill his obligations to cooperate or does not do so on time, he shall bear the resulting additional costs.
2.4 Acceptance
(1) inceptionagency will make the final version of the visualization available to the customer. Depending on the scope of services, this is done by sending a link, by passing access data or sending the visualization.
(2) This gives the customer the opportunity to check the visualization for 7 calendar days. The test phase enables the customer to check the functionality and conformity of the visualization and to check for any other defects.
(3) In addition, the customer receives an adaptation option to the visualization object. inceptionagency offers the customer the possibility to adapt the visualizations created by inceptionagency up to three times as desired. In individual cases, fewer or more adjustments can also be agreed. These adjustments may include changes to the furniture, to other details on the object or other specific adjustments. After the last adjustment process, we reserve the right to refuse additional adjustments or to charge separately. The customer is obliged to check the first version for any defects and to point them out. If the customer requests an adjustment in accordance with this paragraph and does not point out defects, the work is considered accepted to this extent.
(4) The customer will notify inceptionagency in writing of any errors that occur during the test phase.
(5) If the customer does not indicate any defects in writing during the test phase or an examination period following the correction of an error, the service is deemed to have been accepted.
(6) in principle, inceptionagency assumes no responsibility for servers, data lines, Internet access of users, etc.
2.5 Rights of use, attribution, modification of project results
(1) As a condition of deferring payment of the remuneration owed and without prejudice to clause 1.7, inceptionagency also grants the customer the exclusive and unlimited right to use the created visualization, in particular to reproduce and distribute it, as well as to leave it to third parties for use. This grant of rights includes all copyright and ancillary copyright usage rights to the visualization from their respective creation. In particular, the customer does not receive any rights to the software used in the creation.
(2) However, the right to services purchased from third parties (in particular graphics from third parties) is granted without restriction only to the extent that inceptionagency is authorized to grant this. In particular, graphics obtained from third parties may often not be used exclusively. In addition, a transfer to third parties of rights of use for these services is excluded.
(3) The customer will name the inceptionagency on the visualization as the author. inceptionagency has the right to demand the omission of the attribution at any time.
(4) The client is also entitled to edit, subsequently change, supplement, expand, completely or partially replace or delete the visualization, to redesign it himself or by other third parties, to disassemble, reassemble or translate it into other languages.
2.6 Warranty
(1) inceptionagency guarantees that the visualization is created in accordance with the contract and does not have any defects that cancel or reduce its value or suitability for the use assumed under the contract or for ordinary use.
(2) inceptionagency provides warranty primarily by repair or delivery of an error-free program status or error-free documentation. If the rectification of a notified defect does not succeed within a reasonable period of time, the customer may assert the rights according to §§ 634, 635 BGB after two consecutive attempts to rectify the defect or, after the fruitless expiry of a reasonable period of time set in writing for the rectification of the defect, have the rectification of the defect carried out by himself or by third parties.
(3) The warranty period is 12 months starting with the acceptance.
General Terms and Conditions, imprint and data protection information legally created/checked by the Kanzlei-Kick.de
inceptionagency (owner Ferdinand Leopold Gruber)
Nikolaus-Geiger-Straße 26
89415 Lauingen, Germany
Phone: +49 9072 6044 998
E-Mail: info@inceptionagency.de
German law applies. The General Terms and Conditions in German written form also apply to European and international business.
1. General regulations
1.1 Scope, form
(1) These General Terms and Conditions (customer) apply to all business relationships between inceptionagency and its customers. The General Terms and Conditions only apply if the customer is an entrepreneur in accordance with Art. § 14 BGB, a legal entity under public law or a special fund under public law.
(2) The General Terms and Conditions apply to all services, in particular to contracts for real estate visualizations, their creation and sale. Unless otherwise agreed, the GTC in the version valid at the time of the customer's order shall apply as a framework agreement, i.e. also for similar future contracts, without inceptionagency having to refer to them again in each individual case.
(3) These GTC apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that inceptionagency has expressly agreed to their validity. This consent requirement applies in any case, for example, even if the customer refers to his terms and conditions within the framework of the order and inceptionagency does not expressly object to this.
(4) Legally relevant declarations and notifications of the customer in relation to the contract (e.g. setting a deadline, notification of defects, withdrawal or reduction) must be made in writing. Written form within the meaning of these GTC includes written and textual form (e.g. letter, e-mail, fax). Legal formal requirements and further evidence, especially in case of doubts about the legitimacy of the declarant, remain unaffected.
1.2 Conclusion of the contract, performance deadlines
(1) Offers from inceptionagency are subject to change and non-binding. This also applies if inceptionagency has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, references to DIN standards), other product descriptions or documents - also in electronic form – to which inceptionagency reserves its proprietary rights and copyrights.
(2) An order by the customer, e.g. by e-mail in response to an offer, is considered a binding contract offer, unless otherwise stated in the order. To do this, the offer must be signed and returned. inceptionagency is entitled to accept this contract offer within 7 days of its receipt. This is usually done in text form by order confirmation.
(3) Any performance deadlines are agreed individually. If this is not the case, the performance period is approximately two months and depends on the cooperation of the customer.
1.3 Prices, services and terms of payment, counterclaims
(1) Unless otherwise agreed in individual cases, the agreed prices, in particular the plus VAT, shall apply. the applicable statutory value added tax.
(2) Depending on the offer, a stated flat rate does not include services that are provided on a time basis.
(3) The respective remuneration is to be paid within 7 days from invoicing. In individual cases, a (pro rata) payment can also be agreed upon from acceptance or interim acceptance. This will then be shown accordingly in the offer.
(4) inceptionagency is entitled at any time to carry out a delivery in whole or in part only against prepayment.
(5) At the end of the seven-day payment period, the customer is in default. The remuneration shall be subject to interest at the applicable statutory default interest rate during the delay. in particular, inceptionagency reserves the right to assert further damages for delay.
(6) The customer is only entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed. In the event of defects, the customer's counter-rights remain unaffected in particular. inceptionagency is entitled to make the owed subsequent performance dependent on the customer paying the due remuneration. However, the customer is entitled to withhold a reasonable part of the remuneration in relation to the defect.
1.4 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by inceptionagency, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, inceptionagency shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of inceptionagency, if claims are asserted directly against them.
(4) Which is derived from para. 1 and 2 shall not apply if inceptionagency fraudulently concealed a defect or assumed a guarantee. The same applies if inceptionagency and the customer have concluded an agreement on a quality. The provisions of the Product Liability Act remain unaffected.
1.5 Confidentiality
(1) "Confidential Information" means information and documents about business transactions of the other party concerned that have come to the knowledge of the other party insofar as these are marked as "confidential", in particular, but not exclusively, print documents, layouts, storyboards, numerical material, drawings, audio tapes, images, videos, DVDs, CD-ROMs, interactive products and such other data, the films and/or radio plays and /or other copyrighted materials.
(2) Both parties undertake to keep confidential information concerning the other party confidential and to use it only for the execution of this contract and the purpose pursued by it. This obligation will continue for a period of 12 months after termination of the contract.
(3) Both parties undertake to impose appropriate confidentiality obligations on the employees and/or third parties.
(4) The duty of confidentiality according to para. 2 does not apply to information,
a) which were already known to the other party at the time of conclusion of the contract,
b) which were already published at the time of disclosure by the inceptionagency, without this resulting from a breach of confidentiality by the other party in each case,
c) which the other party has expressly approved in writing for disclosure,
d) which the other party has received lawfully and without confidentiality restrictions from other sources, provided that the disclosure and use of this confidential information does not violate contractual agreements, legal regulations or official orders,
e) which the other party has developed itself without access to the customer's confidential information, f) which must be disclosed due to legal information, information and/or publication obligations or official orders. To the extent permitted, the party obliged to do so will inform the other party about this as early as possible and support them in the best possible way to take action against the obligation to disclose.
(5) If any confidential information is made known to inceptionagency by a third party, it shall notify the customer of this immediately in writing.
1.6 Subcontractors
The involvement of third parties (subcontractors) by the inceptionagency is permitted without the consent of the customer.
1.7 Reference customer and reference projects
inceptionagency is entitled to assign the customer as a reference customer (e.g. online, on the company's own website, incl. their company logo) and to use the project results, in particular the visualizations, on their own website, other public appearances, in marketing materials, for reference purposes and for marketing purposes. For this purpose, the customer grants inceptionagency a simple, unlimited, free right of use to use the company logo, the name and the project results.
1.8 Ordinary termination
(1) If a continuing obligation relationship is agreed, the relationship is agreed for a limited period of 12 months from the conclusion of the contract. Subsequently, the term is automatically extended for a further year in each case, if the contract is not terminated by one of the parties with a notice period of three months to the end of the fixed term or an extension period.
(2) Any termination must be in writing.
(3) The right to extraordinary termination remains unaffected.
1.9 Termination for good cause
(1) Either party may terminate the contract for good cause.
(2) There is an important reason, in particular,
- if insolvency proceedings are opened over the assets of the other contracting party or if the opening of insolvency proceedings is refused due to lack of assets, or
- the customer does not fulfill his obligations to cooperate on time despite a reminder from inceptionagencys,
1.10 Choice of law and place of jurisdiction, further provisions
(1) Changes and additions to the respectively concluded contract and the applicable conditions, including the agreement on the waiver of the written form requirement, must be made in writing.
(2) Should a provision of the respectively concluded contract and the applicable conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties will endeavour to replace the ineffective or unenforceable provision with an effective and enforceable provision that comes as close as possible to the ineffective or unenforceable provision in economic terms. The same applies in the event of a regulatory gap.
(3) For these customers and the contractual relationship between inceptionagency and the customer, the law of the Federal Republic of Germany applies to the exclusion of international uniform law.
(4) If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is inceptionagency's place of business in Lauingen. The same applies if the customer is an entrepreneur in the sense of §14 BGB. however, in all cases, inceptionagency is also entitled to bring an action at the customer's general place of jurisdiction. overriding legal regulations, in particular regarding exclusive responsibilities, remain unaffected.
2. Special regulations for the performance of work
2.1 Object of performance
(1) In addition to the provisions of these General Terms and Conditions, §§ 631 ff. BGB shall apply.
(2) inceptionagency does not check the accuracy or completeness of customer information, unless this has been expressly agreed. inceptionagency also does not check whether the data, content and information provided by the customer or their use violate the rights of third parties.
(3) In principle, the object of the work performance is not the legality of the data collection and data processing by third parties by the customer.
2.2 Services of inceptionagency
(1) The scope of services is governed by the respective agreements, in particular the respective offer and, if applicable, related price and service agreements of inceptionagency. Content created by inceptionagency that is not part of a flat rate or an offer will be charged according to actual effort.
(2) Unless otherwise agreed, inceptionagency undertakes, in consultation with the customer, to develop and create a concept and project management for the creation of the real estate visualizations.
(3) Decisive for the definition of the scope of services is the service description, which results from the offer and other documents and agreements.
(4) The customer is entitled to demand changes to the agreed scope of services in writing. inceptionagency will implement the desired changes after actual time expenditure for an agreed surcharge.
(5) inceptionagency will provide the visualization to the customer.
2.3 Cooperation and services of the customer
(1) The customer shall provide inceptionagency with the content required for the creation of the visualization immediately, on his own responsibility, insofar as these are not collected by inceptionagency in accordance with the offer itself. inceptionagency is not obliged to check the contents provided by the customer, in particular not with regard to whether they are suitable for achieving the purpose pursued with the creation of the visualization or whether they are free of third-party rights.
(2) The content to be provided by the customer includes in particular all texts, photographs, graphics, tables and files to be used according to the customer's request.
(3) Those mentioned in para. 1 and 2, the data to be provided by the customer will be made available to inceptionagency in the pre-agreed, digital form and the jointly defined format. If the customer provides the data in a form other than the agreed form, inceptionagency will convert it for remuneration in accordance with the list of prices and services.
(4) The cooperation obligations listed above are not exhaustive. The customer must always comply with his obligation to cooperate immediately.
(5) If the customer does not fulfill his obligations to cooperate or does not do so on time, he shall bear the resulting additional costs.
2.4 Acceptance
(1) inceptionagency will make the final version of the visualization available to the customer. Depending on the scope of services, this is done by sending a link, by passing access data or sending the visualization.
(2) This gives the customer the opportunity to check the visualization for 7 calendar days. The test phase enables the customer to check the functionality and conformity of the visualization and to check for any other defects.
(3) In addition, the customer receives an adaptation option to the visualization object. inceptionagency offers the customer the possibility to adapt the visualizations created by inceptionagency up to three times as desired. In individual cases, fewer or more adjustments can also be agreed. These adjustments may include changes to the furniture, to other details on the object or other specific adjustments. After the last adjustment process, we reserve the right to refuse additional adjustments or to charge separately. The customer is obliged to check the first version for any defects and to point them out. If the customer requests an adjustment in accordance with this paragraph and does not point out defects, the work is considered accepted to this extent.
(4) The customer will notify inceptionagency in writing of any errors that occur during the test phase.
(5) If the customer does not indicate any defects in writing during the test phase or an examination period following the correction of an error, the service is deemed to have been accepted.
(6) in principle, inceptionagency assumes no responsibility for servers, data lines, Internet access of users, etc.
2.5 Rights of use, attribution, modification of project results
(1) As a condition of deferring payment of the remuneration owed and without prejudice to clause 1.7, inceptionagency also grants the customer the exclusive and unlimited right to use the created visualization, in particular to reproduce and distribute it, as well as to leave it to third parties for use. This grant of rights includes all copyright and ancillary copyright usage rights to the visualization from their respective creation. In particular, the customer does not receive any rights to the software used in the creation.
(2) However, the right to services purchased from third parties (in particular graphics from third parties) is granted without restriction only to the extent that inceptionagency is authorized to grant this. In particular, graphics obtained from third parties may often not be used exclusively. In addition, a transfer to third parties of rights of use for these services is excluded.
(3) The customer will name the inceptionagency on the visualization as the author. inceptionagency has the right to demand the omission of the attribution at any time.
(4) The client is also entitled to edit, subsequently change, supplement, expand, completely or partially replace or delete the visualization, to redesign it himself or by other third parties, to disassemble, reassemble or translate it into other languages.
2.6 Warranty
(1) inceptionagency guarantees that the visualization is created in accordance with the contract and does not have any defects that cancel or reduce its value or suitability for the use assumed under the contract or for ordinary use.
(2) inceptionagency provides warranty primarily by repair or delivery of an error-free program status or error-free documentation. If the rectification of a notified defect does not succeed within a reasonable period of time, the customer may assert the rights according to §§ 634, 635 BGB after two consecutive attempts to rectify the defect or, after the fruitless expiry of a reasonable period of time set in writing for the rectification of the defect, have the rectification of the defect carried out by himself or by third parties.
(3) The warranty period is 12 months starting with the acceptance.
General Terms and Conditions, imprint and data protection information legally created/checked by the Kanzlei-Kick.de
CONTACTS
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Nikolaus-Geiger-Strasse 26, Lauingen 89415, Germany
Inception Agency
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