Terms and conditions

 

§ 1 Scope, definitions

For the business relationship between the provider of the Weltraum PR- & Kommunikationsagentur GmbH, Vikoriastraße 3 b, 86150 Augsburg (hereinafter “provider”) and the customer (hereinafter “customer”) are subject to the following terms and conditions in force at the time of commissioning only. Divergent general terms and conditions of the customer are not recognized, unless the provider agrees to their validity in writing. The use of the uniform masculine name simplifies and does not discriminate against gender.

(2) The customer is a consumer within the meaning of § 13 BGB, as far as the purpose of the ordered deliveries and services can not be predominantly attributed to his commercial or independent professional activity. On the other hand, according to § 14 BGB, the entrepreneur is any natural or legal person or partnership with legal capacity who, in concluding the contract, acts in the course of his commercial or independent professional activity.

§ 2 Conclusion of contract

(1) The provider offers services in the fields of professional creation as well as the care of Wikipedia articles and advice on this.

(2) The contract is concluded as follows: The customer may request the provider by e-mail, web form, telephone or in writing to submit a non-binding offer. If necessary, the offer is preceded by a free notability check and a free telephone initial consultation. The provider shall submit to the customer an offer that includes at least the final price for performance. The customer accepts this offer bindingly, if he confirms the offer against the provider by E-Mail or in writing.

(3) Changes or extensions of the original order are possible if the provider accepts them by e-mail or in writing. Such services are billed separately. The agreed completion date may be subject to change requests. If the completion date changes, the provider informs the customer about this.

(4) The provider reserves the right to reject orders or changes to orders. In this case, there is no offer from the provider. The provider informs the customer of the rejection in writing or by e-mail.

(5) The specific scope of service depends on the offer of the provider.

(6) The contract is concluded in German or English. The text of the contract is stored in compliance with the data protection regulations and can be printed out at any time.

§ 3 Prices and other costs

(1) All prices quoted on the website or in offers of the provider are to be understood as including the respectively applicable statutory sales tax, unless otherwise stated.

(2) If documents are sent by post, the shipping costs are borne by the customer.

(3) Printing costs or costs for the storage on digital media (eg CD, USB stick), carries the customer, if such a duplication is expressly desired.

§ 4 Terms of payment, default

(1) Payment is possible according to the payment methods specified in the provider’s offer.

(2) Payment of the purchase price is due after completion of the service, unless otherwise agreed. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment. In this case he has to pay to the provider for the year a default interest of 5 percentage points above the base rate. If the customer is an entrepreneur, the default interest amounts to 9 percentage points above the base rate.

(3) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.

§ 5 Contract object, rights of the customer

(1) Warranty rights are excluded if the parties have concluded a service contract within the meaning of § 611 BGB.

(2) If the parties agree on a particular success and thus conclude a service contract, the rights of the customer shall be governed by the statutory provisions, in particular by §§ 634 ff. BGB. If the customer is an entrepreneur, defects must be reported to the provider in writing without delay, but at the latest within two weeks of delivery, in order to maintain warranty claims of the customer.

(3) In the case of transmission of digital texts, the customer will receive the files by e-mail.

(4) The creation of the articles takes place according to the new spelling and corresponds to the standard work “Duden: Die deutsche Rechtschreibung” in the current version at the time of the conclusion of the contract. A different preparation is to be agreed separately between the parties.

(5) If the provider can not meet a completion date, the provider informs the customer in good time and proposes a new appointment. The customer accepts the new appointment if he confirms it to the provider. If the customer is an entrepreneur, he also accepts the new appointment if he does not reject it immediately.

§ 6 Obligations of the customer

(1) The customer affirms that the contents transmitted to the provider are free from rights of third parties (for example copyrights, trademark rights) and indemnify the provider from any claims of third parties.

(2) The customer undertakes not to transmit illegal contents (eg pornographic writings, racist or insulting contents) to the provider.

(3) The textual contents are to be made available to the provider in a form that allows editing (eg Word file, Open Office document).

(4) For encrypted files, the customer provides the provider with the necessary information for decryption. If software is required for the decryption, the customer bears the costs possibly incurred.

(5) If there are any interpretations of texts and / or the meaning of terminology, the provider contacts the customer for clarification. The customer undertakes to cooperate in this regard in order to ensure the fulfillment of the service by the provider.

(6) The customer is responsible for checking the documents and files for completeness.

(7) The customer provides the publication of the article on Wikipedia and is responsible for compliance with the terms of use of Wikipedia. A deviating agreement for publication is also possible after the conclusion of the contract, requires the effectiveness of the consent of the provider.

§ 7 Liability

(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Significant 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 shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.

(3) In particular, the provider is not liable if documents sent to him are lost or damaged in the transmission route. The customer is responsible for the proper and secure transmission itself. The provider is not liable to entrepreneurs for lost profits.

(4) The restrictions also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.

§ 8 Secrecy

(1) “Confidential Information” means all information, files and documents relating to business transactions of the other party concerned that have become known to the other party.

(2) Both parties undertake to keep confidential information about the other party in question and to use it only for the purpose of implementing this contract and for the purpose it pursues.

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

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

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

b) that were already published at the time of disclosure by the customer, 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 obtained, without confidentiality, from other sources, provided that disclosure and use of such confidential information does not infringe contractual or regulatory or regulatory requirements;

e) which the other party itself has developed without access to the client’s Confidential Information,

f) which must be disclosed on the basis of statutory information, disclosure and / or publication requirements or official orders.

§ 9 Privacy

(1) The customer agrees with the storage of personal data in the context of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. A transfer of data to third parties does not take place, as far as this is not necessary for the execution of the contract or a consent exists

(2) Insofar as the customer transmits the data from third parties (such as employees), the latter assures that he has obtained the consent of the third party and releases the provider from any claims in this regard.

(3) The rights of the person concerned by the data processing arise in particular from the following standards of the GDPR:

  • Article 7 (3) – right to revoke a data protection consent
  • Article 15 – Right to information of the data subject, right to confirm and provide 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 of opposition
  • Article 22 – right not to be subject to a decision based solely on automated processing, including profiling
  • Article 77 – Right to complain to a supervisory authority

(4) In order to exercise the rights, the person concerned is requested to contact the provider by e-mail or, in the case of a complaint, the responsible supervisory authority.

(5) The provider shall have taken reasonable technical and organizational measures to ensure the security of personal data and to reduce the risk to the persons concerned.

(6) For the rest, reference is made to the privacy policy of the provider’s website at: www.weltraumagentur.de

§ 10 Retention of the provider

(1) The provider is entitled to make copies of the edited texts and to keep them if the customer does not agree. The customer grants the provider the necessary rights of use.

(2) The customer may at any time request the deletion of the texts and revoke the granted rights of use.

(3) The provider is not obliged to make backup copies of the texts.

§ 11 Copyright / Rights of third parties

(1) The copyright to the created contents remains with the provider. Subject to full payment of the remuneration, the customer is granted the unlimited right of use, irrevocable and transferable, in terms of time and space. The license conditions of Wikipedia are to be observed by the customer.

(2) If the customer makes content available for the provision of the services, the customer assures that he has all the necessary corresponding rights to this content. If the provider in this regard is claimed by third parties for infringement of property rights, the provider indemnifies the customer from claims of third parties.

(3) The provider is entitled to use trademarks and other proprietary content of the customer, if this is necessary to fulfill the order.

§ 12 Final Provisions, Severability Clause

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the sit of the provider (Augsburg, Bavaria).

(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations shall apply. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.

In case of deviations between the german and english version of the terms and conditions the german version prevails.

As of: 12.09.2019