1. Scope

The following Terms and Conditions (T&C) apply to all legal transactions between creatorempire.de (hereinafter 'Agency') and its clients. Deviating, conflicting, or supplementary terms of the client do not become part of the contract unless the Agency has expressly agreed to their validity in writing.

2. Subject of the Contract and Conclusion

The subject of the T&C are work and service contracts of a full-service advertising agency, in particular the conception of logos, slogans, brands, campaigns, websites, advertising films, and other deliverables. The specific subject of the contract results from individual contractual agreements. Offers of the Agency are non-binding unless otherwise agreed. The contract is concluded as soon as the client confirms the Agency's offer in text form.

3. Customer's Performance and Cooperation Obligations

The client shall provide the Agency free of charge with all data, access, information, and documents necessary for the execution of the order. The client is responsible for ensuring that the material is free of third-party rights. Furthermore, the client undertakes to inform the Agency immediately about relevant circumstances. The client is responsible for their own IT infrastructure.

4. Third-Party Services

The Agency is entitled, in accordance with the agreements with the client, to make use of or mediate third-party services. Their terms and conditions may affect the contractual relationship. The Agency assumes no warranty for third-party services.

5. Deadlines and Delivery Dates

Deadlines and dates must be recorded in writing. Deviations require written form. If a deadline cannot be met, the Agency will inform the client as soon as possible.

6. Copyrights and Usage Rights

The client acquires simple usage rights to the Agency's works for the agreed duration and scope. The transfer applies to Germany and only takes effect after full payment. Forwarding or modification is not permitted. The Agency remains the author and may name the client as a reference.

7. Warranty

The Agency is liable for defects in accordance with the statutory provisions. The warranty period is one year. Minor color or material deviations are technically unavoidable and do not constitute a defect.

8. Liability

The Agency is fully liable for intent and gross negligence. For slight negligence, liability only applies if essential contractual obligations are breached. Liability is limited to the typical, foreseeable damage. The Agency is not liable for client content or data loss after acceptance. Statutory exceptions (e.g., life, health, product liability) remain unaffected.

9. Collecting Societies

Fees to collecting societies (e.g., GEMA) are borne directly by the client or reimbursed to the Agency if they were advanced.

10. Compensation and Payment Terms

Compensation is based on the individual contractual agreement and is payable plus statutory VAT. Unless otherwise agreed, the payment term is 7 days from receipt of invoice. Partial payments are possible. Set-off is only permitted with undisputed or legally binding claims.

11. Termination

The agreed contract terms apply. If no term is specified, it is a continuing obligation that can be terminated with one month’s notice to the end of the month. Termination for good cause remains unaffected.

12. Confidentiality

All non-public information must be treated confidentially, even after the end of the contract. The parties also obligate their employees accordingly.

13. Final Provisions

Should individual clauses be invalid, the remainder of the contract remains valid. German law applies, excluding the UN Sales Convention. The place of jurisdiction, to the extent permitted, is Koblenz, Germany.