Advertising agency dmp
Digital Motion Picture Data Processing GmbH
Fürstenstrasse 13, 2344 Maria Enzersdorf, Austria
Managing directors Janine Wald, Michael Wald
tel +43 2236 3840 41 / fax +43 1 253 30338092 / email email@example.com
FN 221.307b, Commercial Court Vienna / UID ATU54245703
Bank account DIE ERSTE BANK / account number 03855554 / bank code 20111
BIC GIBAATWWXXX / IBAN AT202011100003855554
Our website (agency-dmp) can usually be used without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on our website, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent.
We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.
We hereby expressly object to the use of the contact data published in the context of the imprint obligation by third parties to send advertising and information materials that have not been expressly requested. The operators of the pages expressly reserve the right to take legal action in the event of unsolicited sending of advertising information, such as spam emails.
GENERAL TERMS AND CONDITIONS OF
Advertising agency dmp, Digital Motion Picture Datenververarbeitung GmbH (hereinafter referred to as dmp)
§ 1 SCOPE OF APPLICATION
1.1 dmp provides its services exclusively on the basis of the following general terms and conditions. These also apply to all future business relationships, even if they are not expressly referred to.
1.2 Deviations from these and other supplementary agreements with the customer are only effective if they are confirmed in writing by Dmp.
1.3 Should individual provisions of these general terms and conditions be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to its purpose.
1.4 Dmp’s offers are subject to change and non-binding.
§ 2 CONCLUSION OF CONTRACT
2.1 The basis of the business relationship is the respective contract, which sets out the defined scope of services as well as the fees or consideration on the part of the customer. Assurances made by dmp or its agents are only valid if they are confirmed in writing.
§ 3 FEES, RETENTION OF TITLE AND PAYMENT
3.1 The amount of the fee is shown on the one hand in the currently valid fee guideline of dmp and applies if no other prices are offered in the offer. All prices are exclusive of sales tax. With the conclusion of the contract, the customer confirms their knowledge and appropriateness. In the absence of an agreement in individual cases, dmp is entitled to a fee in the amount customary in the market for the services provided and the transfer of the rights of use under copyright and trademark law.
3.2 Changes to orders or additional orders will be invoiced in accordance with the dmp’s current fee guideline or on the basis of further offers accepted by the customer. All services by dmp that are not expressly covered by the agreed fee will be remunerated separately. All cash expenses incurred by Dmp are to be reimbursed by the customer.
3.3 dmp is entitled to a fee for every service provided. This also applies to services by dmp that cannot be implemented as intended for reasons for which it is not responsible. Dmp’s cost estimates are non-binding. If it is foreseeable that the actual costs will exceed those estimated in writing by Dmp by more than 15%, Dmp will inform the customer of the higher costs. The cost overrun is deemed to have been approved by the customer if the customer does not object in writing within three working days of this notification and at the same time announces cheaper alternatives. If the costs are exceeded by up to 15%, separate notification is not required. This overrun of the cost estimate is deemed to have been approved by the client from the outset.
3.4 dmp is entitled to demand payments on account both for the agreed fee and for cash expenses. In the case of project assignments, the first 50% of the fee is due when the order is placed and the remaining half when the project is completed. For cash outlays, appropriate payments on account are due when the order is placed.
3.5 The fee is due for payment immediately upon receipt of the invoice and without any deductions, unless special terms of payment have been agreed in writing in individual cases. This also applies to the charging of all cash expenses and other expenses. The object of purchase or the goods delivered by dmp remain the property of dmp until the purchase price and all associated costs and expenses have been paid in full. In the event of even partial default in payment, we are entitled to collect the goods without the buyer’s consent. In the event of late payment, dmp is entitled to charge the necessary dunning and collection costs as well as interest on arrears in the amount of 12% p.a. This also includes the costs of two reminder letters at normal market rates and a reminder letter from a lawyer commissioned with the collection. The assertion of further rights and claims remains unaffected. dmp is entitled to transfer the dunning and collection process to professional party representatives, whereby the costs in this case are determined according to the Austrian lawyers’ tariff law. In the event of default in payment by the customer, Dmp can immediately make all services and partial services due within the framework of other contracts concluded with the customer. Furthermore, Dmp is not obliged to provide further services until the outstanding amount has been settled. If payment in installments has been agreed, Dmp reserves the right to demand immediate payment of the entire outstanding debt in the event that partial amounts or secondary claims are not paid on time (loss of deadline).
3.6 Dmp shall be entitled to the agreed fee for all work by Dmp that is not carried out by the customer for whatever reason. The crediting provision of § 1168 AGBG is excluded. By paying the fee, the customer does not acquire any rights of use for work that has already been performed; Concepts, drafts and other documents that have not been carried out are to be returned to Dmp immediately.
§ 4 PRESENTATIONS
4.1 Presentations by dmp are remunerated with an appropriate fee in accordance with the applicable fee guidelines. If there is no contract after the presentation, the presentation documents must be returned to dmp immediately. Any use on the occasion of the presentation of services provided, in particular ideas or raw concepts, is not permitted regardless of copyright law.
4.2 If in the course of a presentation ideas and concepts for the solution of communication tasks are not used in advertising material designed by dmp, the dmp is entitled to use the presented ideas and concepts for other purposes.
4.3 If the presentation leads to an order being placed, the presentation fee will be offset against the final fee. The passing on of presentation documents to third parties as well as their publication, duplication or distribution is not permitted without the written consent of dmp.
§ 5 PROPERTY RIGHT AND COPYRIGHT PROTECTION
5.1 All services of dmp remain in their unrestricted property. Documents made available can be requested back at any time – especially in the event of contract dissolution or termination. Documents that have not been executed are to be handed over to dmp immediately upon request. In addition, the delivered goods remain their property until they have been paid for in full.
5.2 By paying the fee in full, the customer only acquires the right to use the services provided for the agreed purpose and within the agreed scope of use. Unless otherwise agreed, the customer may only use dmp services himself, exclusively in Austria and only for the duration of the contractual relationship.
5.3 The consent of dmp is required for the use of services or advertising material after the contract has ended. For this, dmp is entitled to an appropriate remuneration, which is broken down according to the duration and extent of further use.
§ 6 LABELING
dmp is entitled to refer to itself or to the author in all advertising material and measures used, without the customer being entitled to a fee. Subject to the customer’s written revocation, which is possible at any time, Dmp is entitled to refer to the existing business relationship with the customer on its own advertising media and in particular on its Internet website with the name and company logo (reference note).
§ 7 REVIEW OBLIGATION OF THE CUSTOMER
7.1 All dmp services (in particular all preliminary drafts, sketches, final artwork, brush prints, blueprints, copies, color prints and electronic files) must be checked by the customer and released within three working days of receipt by the customer. If they are not released in time, they are deemed to have been approved by the customer.
7.2 All of dmp’s services that are implemented externally (e.g. posters, brush prints, etc.) must be checked by the customer and approved within one day. If the customer does not receive a declaration of whatever nature within this period, the implementation is deemed to have been approved by the customer.
7.3 The customer has to check the legal, competition and trademark law admissibility of all services of dmp himself. An external legal check is only initiated if the customer so requests in writing, who has to bear the associated costs. He will only approve the advertising measures proposed by dmp if he has assured himself of the unobjectionability under competition or trademark law or if he is willing to bear the risk associated with the implementation of the advertising measure or the use of the trademark.
§ 8 DATES
8.1 Failure to meet deadlines only entitles the customer to assert his statutory rights if a grace period of at least 14 days granted after a written reminder has elapsed without being used. Any resulting claims from the titles of warranty or compensation only exist in the event of intent or gross negligence on the part of dmp. Unavoidable or unforeseeable events – in particular delays in their agents – do not result in any consequences of default.
8.2 Specified delivery or service deadlines are only approximate and non-binding, unless expressly agreed as binding. Binding appointments are to be recorded in writing or confirmed in writing by dmp.
8.3 If the delivery / service of dmp is delayed for reasons for which it is not responsible, such as events of force majeure and other unforeseeable events that cannot be prevented by reasonable means, the performance obligations are suspended for the duration and to the extent of the hindrance and are extended Deadlines accordingly. If such delays last more than two months, the customer and dmp are entitled to withdraw from the contract.
§ 9 WARRANTY AND DAMAGES
9.1 The customer must submit any complaints to dmp in writing and give reasons within 5 days after the service has been performed. Otherwise the service is considered approved. If the complaint is justified and timely, the customer has the right to improve the service. Dmp will remedy the deficiencies within a reasonable period, whereby the customer enables Dmp to take all measures necessary for the investigation and remedial action. Dmp is entitled to refuse to improve the service if this is impossible or involves a disproportionately high effort for Dmp. In this case, the customer is entitled to the statutory conversion or reduction rights. In the event of improvement, it is the responsibility of the client to transfer the defective (physical) item at his own expense. The customer is only entitled to a reduction in payment or to rescission if the attempts by dmp to remedy the defects have failed even after one month.
9.2 Any liability on the part of dmp is mutually excluded for any damage, unless dmp can be proven to have acted with intent or gross negligence in the breach of main contractual obligations. The customer’s right to a warranty remains unaffected in accordance with these terms and conditions. Claims for damages by the customer for consequential damage caused by defects are excluded in any case.
9.3 dmp expressly gives no guarantee in the event that a service provided by it does not achieve any success or does not achieve the hoped-for success.
9.4 The customer is also obliged to check the documents (photos, logos, etc.) made available for the execution of the order for any copyrights, trademark rights or other rights of third parties. Dmp is not liable for any violation of such rights. If claims are made against Dmp due to such a violation of the law, the customer shall hold Dmp harmless and harmless; he has to reimburse her for all disadvantages that she incurs as a result of claims by third parties.
9.5 dmp is entitled at any time to reject or remove any material, documents, etc. made available by the customer and made available for processing that violate applicable law or in which there is a reasonable suspicion in this regard, without the customer having any claims whatsoever arise.
9.6 The customer is solely responsible for compliance with legal, in particular competition and trademark law, or professional regulations when advertising measures are implemented (cf. § 7.2). Any liability on the part of dmp is therefore excluded. The customer declares that he will indemnify and hold harmless dmp for any third-party claims based on such a violation.
§ 10 Liability and Product Liability
10.1 In cases of slight negligence, Dmp is not liable for property damage or financial damage to the customer, regardless of whether it is direct or indirect damage, loss of profit or consequential damage caused by defects, damage due to delay, impossibility, positive breach of claims, culpability when concluding the contract, due to defective incomplete performance. The injured party has to prove the existence of gross negligence.
10.2 Any liability on the part of Dmp for claims that are raised against the customer on the basis of the service provided by Dmp (e.g. advertising measures) is expressly excluded if Dmp has fulfilled its obligation to notify or if it was not aware of any such obligation, whereby slight negligence does not hurt. In particular, Dmp is not liable for legal costs, the customer’s own legal costs or the costs of the publication of judgments, as well as for any claims for damages or other claims by third parties; the customer has to indemnify and hold Dmp harmless in this regard.
10.3 Claims for damages by the customer expire six months after knowledge of the damage; in any case, after three years from the act of infringement by Dmp. Claims for damages are limited in amount to the net order value.
§ 11 data protection (visual emphasis according to the judicature)
The customer expressly agrees that Dmp will automatically determine, save and process the data provided by the customer (name, address, email, credit card data, data for account transfer) for the purpose of fulfilling the contract and supporting the customer as well as for its own advertising purposes . The client consents to electronic mail being sent to him for advertising purposes until further notice.
§ 12 External Services / Commissioning Third Parties
12.1 Dmp is entitled at its own discretion to perform the service itself, to use competent third parties as vicarious agents for the provision of contractual services and / or to substitute such services (“external service”).
12.2 The commissioning of third parties in the context of a third-party service takes place either in the customer’s own name or in the name of the customer, but in any case for the account of the customer. Dmp will carefully select this third party and ensure that it has the necessary professional qualifications.
12.3 Insofar as Dmp orders necessary or agreed third-party services, the respective contractors are not vicarious agents of Dmp.
§ 13 TERMINATION OF THE CONTRACT
13. The contract ends with its contractually specified term without the need for termination. If the contract was concluded for an indefinite period of time, it can be terminated by both parties with a three-month notice period at the end of the month. An immediate termination of the contract for an important reason remains unaffected.
14.1 dmp promises the customer confidentiality about all matters that become known to it in connection with its activity and are not intended for the public. It will ensure that this confidentiality obligation is also fulfilled by its employees and agents. This duty of confidentiality also applies after the contract has ended.
14.2 However, this contractual obligation of confidentiality does not apply in the context of legal proceedings or towards a professional party representative who is obliged to maintain confidentiality, in particular in a judicial or extrajudicial dispute with the customer (e.g. fee claim), insofar as this is necessary to safeguard the rights of dmp.
14.3 Irrespective of this duty of confidentiality, dmp is irrevocably and indefinitely entitled to include the customer and, if necessary, a brief description of the service provided for him in its reference list and to use this information for advertising and presentation purposes in any fair way, especially on the Internet.
§ 15 AUTHORIZATION
15. The customer grants dmp the power of attorney, in its name and on its account, to order the deliveries or services (e.g. photos, printed matter, trademark applications, etc.) required for the implementation of the agreed PR or advertising concepts from authorities or external professionals at customary market conditions to give.
§ 16 FINAL PROVISIONS
16.1 The customer is not entitled to offset counterclaims against claims by dmp or to withhold payments based on defects. A customer may only offset against claims that have been expressly recognized or legally established by dmp or assert a right of retention.
16.2 The place of performance and jurisdiction is the registered office of dmp. Only Austrian law. In the case of property rights violations abroad, however, the more favorable standard for dmp applies.
16.3 Changes, additions and ancillary agreements to these terms and conditions or the GRAPHICS and advertising contract as well as assurances of any kind must be made in writing to be effective. This also applies to the agreement to abandon this formal requirement.