1.1 These general terms and conditions (GTC) apply to all contracts that are concluded between unbekannt media GmbH and its customers.
1.2 abnormal media GmbH offers its customers, among other things, services in the field of website and software creation and development (including maintenance and care) as well as the creation of print products and services in the field of SEO marketing. The specific scope of services is the subject of individual agreements between abnormal media GmbH and its customers.
1.3 abnormal media GmbH does not conclude any contracts with consumers or private individuals.
1.4 Abnorm media GmbH is entitled to subcontract the necessary services in its own name and for its own account, who in turn may also use subcontractors. ABNORM media GmbH remains the sole contractual partner of the customer. The use of subcontractors does not take place, provided that it is apparent to abnormal media GmbH that their use runs counter to the legitimate interests of the customer.
1.5 The contracting parties undertake to name a contact person who accompanies the respective order and is authorized to submit legally binding declarations of intent.
1.6 Terms and conditions deviating from these terms and conditions, which are used by the customer, does not recognize unnorm media GmbH - subject to an express consent.
2.1 If the customer provides ABNORM media GmbH with texts, images or other content, he must ensure that this content does not violate the rights of third parties (e.g. copyrights) or other legal norms. In this context, it is pointed out that abnormal media GmbH is legally not entitled to provide legal advice to to provide the customer. Abnorm media GmbH is in particular not obliged and legally not in a position to check the customer's business model, the works created or acquired by the customer (layouts, graphics, texts, etc.) for their compatibility with applicable law. Abnorm media GmbH will in particular not carry out any trademark research or other property right collision checks with regard to the works made available by the customer. Insofar as the customer issues certain instructions with regard to the work to be produced, he is liable for this himself.
2.2 The customer is obliged to provide the information, data, works (e.g. the data for the imprint, graphics, etc.) and accesses made available by him for the purpose of fulfilling the order completely and correctly. He also has to ensure that the instructions given by him are in accordance with the applicable law.
2.3 The customer is responsible for the procurement of the material for the design of the website / software (e.g. graphics, videos) and provides this to abnormal media GmbH in good time. If the customer does not provide this and does not make any further specifications, then abnormal media GmbH can choose to use image material from common providers (e.g. stock photo service providers) or provide the corresponding parts of the website / software with a placeholder, taking into account the copyright labeling requirements.
2.4 If the conclusion of an order processing contract according to Art. 28 GDPR is required for individual parts of the order, both contracting parties undertake to conclude such a contract - to be provided by abnormal media GmbH - before the start of the service provision.
2.5 Abnorm media GmbH is in no way responsible to the customer for delays and delays in the implementation of projects that result from delayed (necessary) cooperation or input from the customer.
2.6 If the customer does not comply with his obligations under this section, Abnorm media GmbH can invoice the customer for the additional expenses (e.g. costs for stock photos and time spent searching for them).
3.1 This paragraph applies to the creation of websites and software with the help of agile methods (without requirement specifications). If no deviating individual agreements have been made, the website / software is created on the basis of agile methods. SEO optimization is only owed if it has been expressly agreed.
3.2 The subject of website / software creation contracts between abnormal media GmbH and its customers is the development of new websites / software or the expansion of existing websites / software (e.g. integration of new interfaces or programming of new online applications), taking into account the technical and / or design specifications of the customer. Website / software development contracts concluded between the parties are contracts for work and services within the meaning of §§ 631 ff. BGB.
3.3 The individually agreed services result from the contract individually concluded between ABNORM media GmbH and the customer. For this purpose, the customer first sends an inquiry to ABNORM media GmbH with a description of the website / software content requested by him as precisely as possible (creative content such as images, layouts, logos, etc. are to be specified and made available by the customer). This request represents a request to submit an offer by ABNORM media GmbH. ABNORM media GmbH will check the ideas of the customer described in the request to the best of its knowledge and belief for completeness, suitability, clarity, feasibility and freedom from contradictions and on the basis of the customer request Make an offer based on your wishes. Only when the customer accepts the offer does a contract come into existence between abnormal media GmbH and the customer.
3.4 The examination or procurement of rights, the procurement of tools (e.g. statistics) or certificates (e.g. SSL / TLS) or the provision of development, application or other documentation are only to be provided by abnormal media GmbH if this is expressly agreed in an individual contract.
3.5 The customer can access the development page at any time and submit customer requests, provided that these are covered by the originally agreed scope of services. Such adjustments become part of the original contract if both contracting parties agree in writing (e.g. by email, fax, etc.). As for the rest, verschnorm media GmbH is only obliged to produce the functions / positions listed in the contract or to provide the agreed service (e.g. maintenance). Any additional services must be agreed and remunerated separately.
3.6 As soon as the website / software has been completed, abnormal media GmbH will ask the customer to accept the website / software.
3.7 A prerequisite for the activity of verschnorm media GmbH is that the customer provides all of the data required for the implementation of the project (texts, templates, graphics, etc.) to verschnorm media GmbH in a suitable form prior to the start of the order. If the customer does not meet this obligation, abnormal media GmbH can invoice the customer for the time required.
3.8 After completion and acceptance of the website / software and / or individual parts of it, the customer will immediately receive all graphics, source codes, any documentation and / or manuals of the used ones from abnormal media GmbH - if available and agreed in an individual contract (Third-party) modules and, if necessary, development documentation.
3.9 The remuneration for the website / software creation is the subject of an individual contractual agreement between the parties. Otherwise, the statutory provisions apply.
3.10 If the customer does not use any hosting services from ABNORM media GmbH for the new website / software, but from third-party providers, ABNORM media GmbH assumes no responsibility for the respective servers and their configuration, the data lines and / or the availability the website / software.
4.1 After completion of the website / software and / or individual parts of it, verschnorm media GmbH can offer the customer maintenance and support services in relation to the website / software. ABNORM media GmbH can also offer the maintenance of third party websites / software. However, unnorm media GmbH is neither obliged to offer such an offer nor does the customer have to make use of the more extensive range of services offered by abnormal media GmbH. Corresponding agreements are exclusively the subject of individual agreements.
4.2 The content of the maintenance contracts is the elimination of malfunctions and the update of the website / software for common web browsers in their current version. Further details, such as regular maintenance, can be agreed in an individual contract if necessary.
4.3 The prerequisite for maintenance is that the content to be maintained is compatible with the systems of verschnorm media GmbH. The compatibility can be impaired in particular by outdated components of the content to be maintained or by unauthorized changes on the part of the customer. If the compatibility is not guaranteed, the customer must establish this independently (e.g. by means of appropriate updates) or abnormal media GmbH separately commission the establishment of the compatibility.
4.4 Abnorm media GmbH is not liable for malfunctions and incompatibilities that were caused by unauthorized changes by the customer or are based on other errors that are not within the area of responsibility of abnormal media GmbH; the provisions under "Liability and Indemnification" remain unaffected.
4.5 Unless otherwise agreed, maintenance includes only technical updates, but not content updates for the website / software. Abnorm media GmbH is particularly not responsible for updating the imprint or the data protection declaration.
5.1 abnormal media GmbH also offers its customers hosting and domain registration services, especially as an additional option in the context of website / software creation. The specific scope of services (domain registration, storage space, certificates, etc.) is the subject of individual agreements between the parties. ABNORM media GmbH is entitled to use third party services in any form in connection with the implementation of hosting services.
5.2 Unless otherwise agreed, if we are commissioned as a hoster, ABNORM media GmbH will take over the administration and management of the data. In principle, for security reasons, among other things, the customer does not have access to the administration backend of the hosting system or to its file system.
5.3 The availability of the servers used by unbekannt media GmbH for hosting purposes is at least 97% on an annual average. This does not apply to those times during which the servers cannot be reached due to events beyond the control of abnormal media GmbH (force majeure, actions by third parties, technical problems, etc.).
5.4 Unless otherwise agreed, the customer is not entitled to be assigned a fixed IP address for his website. Technical or legal changes are possible at any time and are reserved.
5.5 The customer is obliged not to pass on his passwords and other access data to third parties and to change them regularly, provided that they have been made available to him by abnormal media GmbH. The customer is responsible for any misuse by third parties insofar as he is responsible for them.
5.6 The customer is obliged to make regular backup copies of his hosted data. If the customer is not able to do this, he has to commission abnormal media GmbH or other technically suitable third parties with the security. The customer is liable for any data loss that occurs due to inadequate data backup.
5.7 If the customer makes use of the domain registration services from ABNORM media GmbH, the following also applies:
5.7.1 The contractual relationship required for the registration of the respective domain comes about directly between the customer and the respective domain registration office or the respective registrar. Abnorm media GmbH only acts as an intermediary in the relationship between the customer and the registry, without having any influence on the assignment of the domain.
5.7.2 The customer is fully responsible for ensuring that the domain he wants does not infringe any third party rights. A check of the domain is not owed.
5.7.3 For the registration of domains, the respective conditions of the individual registry also apply. Abnorm media GmbH will inform the customer of any special features in the event of an intended registration.
6.1 The subject of design contracts in the print area between abnormal media GmbH and its customers is basically the development of the customer's design specifications for print products (e.g. design of banners, postal graphics, posters, flyers, car or shop window stickers, textiles or logo drafts) . Design contracts concluded between the parties are contracts for work and services within the meaning of § 631 ff. BGB. A different scope of services can be agreed between the parties in an individual contract.
6.2 The individually agreed services result from the contract individually concluded between ABNORM media GmbH and the customer. To this end, the customer first sends an inquiry to ABNORM media GmbH with a description of the design services requested by him as precisely as possible. This request constitutes an invitation to submit an offer by ABNORM media GmbH. ABNORM media GmbH will, to the best of its knowledge and belief, ensure that the customer's ideas are complete and suitable (with the exception of legal suitability, in particular the rights of third parties). Check clarity, feasibility and freedom from contradictions and create an offer based on the wishes arising from the customer request. Only when the customer accepts the offer does a contract come into existence between abnormal media GmbH and the customer.
6.3 After the contract has been concluded, the customer's requirements will be discussed in a further briefing, if necessary, and the specifications will be specified. At this point in time, customer requests can be made, provided that they are covered by the originally agreed scope of services. If necessary, there is the possibility of a re-briefing before production of the subject of performance. Adjustments become part of the original contract if both contracting parties agree in writing. Incidentally, verschnorm media GmbH is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.
6.4 As soon as the agreed object of performance has been completed, abnormal media GmbH will request the customer to accept the work.
6.5 Unless otherwise agreed, the customer has the right to two correction loops. Complaints regarding the artistic design are generally excluded. If the customer wishes further changes, he has to bear the additional costs.
6.6 A prerequisite for the activity of abnormal media GmbH is that the customer provides all of the data required for the implementation of the project (texts, templates, graphics, etc.) to abnormal media GmbH in full and in a suitable form prior to the start of the order. For delays and delays in the implementation of projects, which arise from a delayed (necessary) cooperation or input of the customer, abnormal media GmbH is not responsible to the customer in any way. If the customer does not meet this obligation, abnormal media GmbH can invoice the customer for the time required.
6.7 The remuneration is the subject of an individual contractual agreement between the parties. Otherwise, the statutory provisions apply.
6.8 Unless otherwise contractually agreed and the purpose of the contract is not to be expected differently, when producing print products, in addition to the contractually agreed performance items, the ABNORM media GmbH only owes the delivery of a print file (e.g. PDF, JPG or PNG). The customer is not entitled to a file that can be edited (e.g. Word).
abnorm media GmbH offers its customers services in the field of SEO marketing, among other things. In the context of the provision of services, aberrant media GmbH owes only the implementation of measures which, according to its own experience, can positively influence the search engine ranking or which are expressly ordered by the client. This is a service within the meaning of §§ 611 ff. BGB. In contrast, a certain result (e.g. a certain ranking in the Google hit list) is only owed within the scope of SEO services if this has been expressly guaranteed. Marketing services can be canceled by both contracting parties with a notice period of one (1) month.
The remuneration for the website and / or online shop and / or software creation or for other orders is the subject of an individual contractual agreement between the parties and is generally based on the offer.
9.1 As far as a work performance has been agreed, the Abnorm media GmbH can demand that the acceptance takes place in writing; the written acceptance is only owed if abnormal media GmbH asks the customer to do so. The acceptance regulations of the German Civil Code remain unaffected. The acceptance period within the meaning of Section 640 (2) sentence 1 of the German Civil Code (BGB) is set at 2 weeks from notification of the completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, which abnormal media GmbH offers to the customer in this case will be communicated separately. If the customer does not comment within this period or does not refuse acceptance due to a defect, the work is considered accepted.
An insignificant defect does not justify any claims for defects. The choice of the type of supplementary performance lies with abnormal media GmbH. The limitation period for defects and other claims is one (1) year; this shortening of the statute of limitations does not apply to claims resulting from intent, gross negligence or from injury to life, limb or health by abnormal media GmbH. The statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.
Unless otherwise specified in and outside of these terms and conditions, continuing obligations (e.g. maintenance contracts) have a minimum term of 12 months. The notice period is 3 months. If the contract is not terminated in due time at the end of the term, it is automatically extended for a further 12 months. The right to extraordinary termination for good cause remains unaffected.
12.1 Abnorm media GmbH grants the customer - after full payment of the order by the customer - to the corresponding work results and / or the respective source code at the time of their creation, in principle, a simple right of use without the right of reproduction. Further rights can be agreed between the parties by means of an individual contractual agreement.
12.2 Unless otherwise agreed, the customer unnorm media GmbH expressly grants permission to publicly present the project in an appropriate manner for the purpose of self-promotion (references / portfolio). In particular, ABNORM media GmbH is entitled to advertise with the business relationship with the customer and to refer to himself as the author on all advertising material created and in all advertising measures, without the customer being entitled to any remuneration.
12.3 Abnorm media GmbH is also entitled to place your name with a link in an appropriate manner in the footer and in the imprint of the website (s) / software it has created without the customer being entitled to any claim for payment.
abnorm media GmbH will handle all business transactions of its knowledge, in particular, but not exclusively, print documents, layouts, storyboards, numerical material, drawings, tapes, images, videos, DVDs, CD-ROMs, interactive products and such other documents, which Films and / or radio plays and / or other copyrighted material belonging to the customer or companies affiliated with him must be treated as strictly confidential. ABNORM media GmbH undertakes to impose the confidentiality obligation on all employees and / or third parties (e.g. suppliers, graphic designers, programmers, film producers, recording studios, etc.) who have access to the aforementioned business processes. The confidentiality obligation applies indefinitely beyond the duration of this contract.
14.1 Abnorm media GmbH's liability for all damages is limited as follows: In the event of a slightly negligent breach of an essential contractual obligation ("cardinal obligation"), abnormal media GmbH is limited in amount to the amount of damage that is foreseeable and typical for the contract. Cardinal obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and which a party can regularly rely on to be observed. This limitation of liability does not apply in the event of gross negligence or willful action, as well as in the event of mandatory legal liability, in particular in the case of assumption of a guarantee or in the event of culpable injury to life, body or health. The above liability regulation also applies with regard to the liability of abnormal media GmbH for its vicarious agents and legal representatives.
14.2 The customer indemnifies ABNORM media GmbH from any claims by third parties that are asserted against ABNORM media GmbH due to breaches by the customer of these terms and conditions or against applicable law.
15.1 The contracts concluded between abnormal media GmbH and the customer are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN sales law.
15.2 If the customer is a merchant, legal entity under public law or special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the registered office of abnormal media GmbH is the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
Status: February 2021