BrandBuff UG (haftungsbeschränkt)
Appointment
BrandBuff UG (haftungsbeschränkt)
Appointment
BrandBuff UG (haftungsbeschränkt)

General
Terms and Conditions

Part 1 – General provisions

1. general

  • These General Terms and Conditions (GTC) apply to all contracts concluded between BrandBuff and the Customer.
  • BrandBuff offers the Customer various agency services. The specific scope of services is the subject of individual agreements between BrandBuff and the Customer.
  • BrandBuff does not conclude contracts with consumers or private individuals.
  • BrandBuff is entitled to subcontract the necessary services in its own name and for its own account to subcontractors, who in turn may also use subcontractors. BrandBuff remains the sole contractual partner of the Customer. Subcontractors will not be used if it is apparent to BrandBuff that their use is contrary to the legitimate interests of the Customer.
  • BrandBuff does not recognize general terms and conditions that deviate from these terms and conditions and that are used by the Customer – subject to express consent.

2. obligations of the customer to cooperate

  • If the Customer provides BrandBuff 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 BrandBuff is not legally entitled to provide legal advice to the Customer. In particular, BrandBuff is not obliged and legally not in a position to check the Customer’s business model and/or the works created or acquired by the Customer (layouts, graphics, texts, etc.) for their compatibility with applicable law. In particular, BrandBuff will not carry out any trademark searches or other property right conflict checks in relation to the works provided by the Customer. Insofar as the Customer issues specific instructions regarding the work to be produced, he is liable for this himself.
  • The customer is obliged to provide the information, data, works (e.g. the data for the imprint, graphics, etc.) and accesses to be provided by him for the purpose of fulfilling the order completely and correctly. He must also ensure that the instructions issued by him comply with the applicable law.
  • The Customer is – subject to deviating individual agreements – responsible for the procurement of the material for the provision of the agency services (e.g. graphics, videos) and makes these available to BrandBuff in good time. If the Customer does not provide these and does not make any further specifications, BrandBuff may, at its own discretion, use image material from common providers (e.g. stock photo service providers) or provide the corresponding parts of the website with a placeholder, taking into account the copyright labeling requirements.
  • If the conclusion of an order processing contract pursuant to Art. 28 GDPR is required for individual order components, both contracting parties undertake to conclude such a contract – to be provided by BrandBuff – before the start of the provision of services.
  • BrandBuff is in no way responsible to the Customer for delays and delays in the implementation of projects caused by delayed (necessary) cooperation or input from the Customer; the provisions under the heading “Liability/Release” remain unaffected by this.
  • If the Customer does not fulfill its obligations under this section, BrandBuff may charge the Customer for the additional expenses incurred as a result (e.g. costs for stock photos and time spent searching for them).

Part 2 – Online presence and technology

3. website and store development (agile)

  • Unless otherwise agreed individually, the creation of new or the expansion of existing websites/shops or web components/shop components (hereinafter “website creation”) shall be based on agile methods. The other provisions of these GTC remain unaffected.
  • The subject matter of website creation contracts between BrandBuff and the Customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the Customer’s technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE).
  • The services agreed in detail result from the individual contract concluded between BrandBuff and the Customer. For this purpose, the Customer first submits a request to BrandBuff with a description of the desired website content that is as precise as possible (creative content such as images, layouts, logos, fonts, etc. are to be specified and provided by the Customer, subject to deviating agreements). This request represents an invitation to submit an offer by BrandBuff. BrandBuff will check the Customer’s ideas described in the request to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), unambiguousness, feasibility and consistency and prepare an offer on the basis of the wishes arising from the Customer’s request. A contract between BrandBuff and the Customer only comes into existence when the Customer accepts the offer.
  • The customer can make customer requests at any time, insofar as these are covered by the originally agreed scope of services. Such adjustments become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, BrandBuff is only obliged to produce the functions/items listed in the contract or to provide the agreed service. Additional services must be agreed and remunerated separately.
  • As soon as the website has been completed, BrandBuff will ask the customer to accept the website.
  • A prerequisite for BrandBuff’s activity is that all data to be provided by the Customer and required for the implementation of the project (e.g. texts, templates, graphics, fonts) and/or system environments are made available to BrandBuff in good time and in a suitable form. BrandBuff is in no way responsible to the Customer for delays and delays in the implementation of projects caused by late (necessary) cooperation or input from the Customer.
  • The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL/TLS) are only owed by BrandBuff if this has been expressly agreed in an individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation – subject to deviating express individual agreements.
  • Unless otherwise agreed, the websites created are optimized for the Chrome, Safari, Firefox and Edge browsers in their current version (in each case the last two versions of the browser). Search engine optimization (SEO) is only owed if it has been expressly agreed. Optimization for mobile devices is also only owed if this has been expressly agreed.
  • BrandBuff is not entitled and not obliged to advise the Customer on competition law, consumer law, labeling law or other legal issues within the meaning of the Legal Services Act. It is therefore the responsibility of the Customer to inform himself about the provisions of competition law, consumer law or labeling law applicable to his store and, if necessary, to have the store checked by a specialized lawyer.
  • After completion of the websites and/or individual parts thereof, BrandBuff may offer the Customer maintenance and care services in relation to the websites. However, BrandBuff is not obliged to make such an offer, nor does the Customer have to make use of the further services offered by BrandBuff. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the Customer alone is responsible for the technical maintenance and up-to-dateness of the websites after acceptance. BrandBuff is not liable to the Customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

4. website and store creation (requirements and functional specifications)

  • If the creation of new or the expansion of existing websites/shops or web components/shop components (hereinafter referred to as “website creation”) has been agreed between the contracting parties on the basis of a specification sheet, the order shall be processed in accordance with this clause.
  • The subject matter of website creation contracts between BrandBuff and the Customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the Customer’s technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE).
  • Decisive for the scope of the services to be provided by BrandBuff are, on the one hand, individual contractual agreements between the parties and, on the other hand, a detailed specification created by the Customer, as well as the functional specification based on this. BrandBuff will check the Customer’s ideas described in the specifications to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency. Should BrandBuff recognize that the requirements contained in the specifications are not suitable for the creation of a website, BrandBuff will inform the Customer immediately and submit a corresponding proposal for a supplement and/or adaptation of the specifications. The Customer must comment on any proposals from BrandBuff regarding the specifications in writing or in text form within a reasonable period of time and finally confirm the contents of the specifications to BrandBuff in writing or in text form. If there is agreement between the parties with regard to the specifications, its contents shall become part of the contract.
  • Based on the requirements specification, BrandBuff creates a functional specification that describes in particular the technical and/or design implementation of the specifications contained in the requirements specification. After completion, BrandBuff shall submit the specifications to the Customer for acceptance. The Customer is entitled to reject the specifications created by BrandBuff and to communicate requests for changes or adaptations. In this respect, BrandBuff undertakes to submit a maximum of two alternative proposals, taking into account the Customer’s wishes. If the Customer ultimately does not agree with the last proposal from BrandBuff, the Customer or BrandBuff may – if legally possible – terminate the contract extraordinarily or withdraw from the contract. In this case, the fees and/or expenses incurred by BrandBuff in connection with the specifications and/or requirements specification must be appropriately remunerated or reimbursed by the Customer.
  • If the specifications are accepted by the customer, the services described therein shall be deemed to have been finally agreed between the parties. Any deviations from the contents of the specifications accepted by the Customer require an express individual agreement between the parties. BrandBuff does not provide any services beyond those described in the specifications accepted by the Customer. Likewise, BrandBuff does not provide any services that are less than those described in the specifications accepted by the Customer. After acceptance of the specifications by the Customer, BrandBuff develops and programs the websites in accordance with the agreed specifications.
  • BrandBuff shall provide the Customer with a schedule and work plan in addition to the specifications. The contents and specifications of this schedule and work plan become part of the contract unless the Customer objects immediately. BrandBuff undertakes to hand over the completed website or parts thereof to the Customer on a suitable data carrier and/or send it by email and/or upload it to a server specified by the Customer by the end date specified in the schedule and work plan. The details of the handover or upload of the finished websites are otherwise the subject of individual contractual agreements between the parties.
  • A prerequisite for BrandBuff’s activity is that all data to be provided by the Customer and required for the implementation of the project (e.g. texts, templates, graphics) and/or system environments are made available to BrandBuff in good time and in a suitable form. BrandBuff is in no way responsible to the Customer for delays and delays in the implementation of projects caused by late (necessary) cooperation or input from the Customer.
  • As soon as the website has been completed, BrandBuff will ask the customer to accept the website. If necessary, a test phase can be agreed before acceptance. If the Customer discovers errors before acceptance or in the course of an agreed test phase, he will notify BrandBuff of these in writing or in text form BrandBuff will endeavor to correct the errors professionally. For this purpose, BrandBuff may provide temporary workarounds.
  • The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL/TLS) are only owed by BrandBuff if this has been expressly agreed in an individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation – subject to deviating express individual agreements.
  • Unless otherwise agreed, the websites created are optimized for the Chrome, Safari, Firefox and Edge browsers in their current version (in each case the last two versions of the browser). Search engine optimization (SEO) is only owed if it has been expressly agreed. Optimization for mobile devices is also only owed if this has been expressly agreed.
  • BrandBuff is not entitled and not obliged to advise the Customer on competition law, consumer law, labeling law or other legal issues within the meaning of the Legal Services Act. It is therefore the responsibility of the Customer to inform himself about the provisions of competition law, consumer law or labeling law applicable to his store and, if necessary, to have the store checked by a specialized lawyer.
  • After completion of the websites and/or individual parts thereof, BrandBuff may offer the Customer maintenance and care services in relation to the websites. However, BrandBuff is not obliged to make such an offer, nor does the Customer have to make use of the further services offered by BrandBuff. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the Customer alone is responsible for the technical maintenance and up-to-dateness of the websites after acceptance. BrandBuff is not liable to the Customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

5. maintenance and support of websites/shops

  • If the creation of new or the expansion of existing websites/shops or web components/shop components (hereinafter referred to as “website creation”) has been agreed between the contracting parties on the basis of a specification sheet, the order shall be processed in accordance with this clause.
  • The content of the maintenance contracts is the elimination of malfunctions and the updating of the website for common web browsers in their current version as required. Further services, such as regular maintenance, can be agreed in individual contracts if necessary.
  • A prerequisite for maintenance is that the content to be maintained is compatible with BrandBuff’s systems. 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 compatibility is not guaranteed, the Customer must establish this independently (e.g. through appropriate updates) or commission BrandBuff separately to establish compatibility.
  • BrandBuff is not liable for malfunctions and incompatibilities caused by unauthorized changes by the Customer or due to other errors that are not the responsibility of BrandBuff; the provisions under “Liability/exemption” remain unaffected by this.
  • Unless otherwise agreed, maintenance only includes the technical updating of the website, but not the updating of its content. In particular, BrandBuff is not responsible for updating the legal notice or the privacy policy.

6. domain registration

  • BrandBuff offers the Customer domain registration services. The specific scope of services (domain registration, storage space, certificates, etc.) is the subject of individual agreements between the parties.
  • The contractual relationship required for the registration of the respective domain is established directly between the customer and the respective domain registry or the respective registrar. BrandBuff only acts as an intermediary in the relationship between the customer and the registry, without having any influence on the allocation of the domain.
  • The customer bears full responsibility for ensuring that the domain requested by him does not infringe any third-party rights. A check of the domain for its legal admissibility is not owed.
  • For the registration of domains, the respective conditions of the individual registries also apply. BrandBuff will inform the Customer of any special features in the event of an intended registration.

7. web hosting (reseller)

  • BrandBuff also offers hosting services to the Customer. BrandBuff will use the servers of third-party companies to fulfill its services. BrandBuff will inform the Customer about the servers and third-party companies used before concluding the contract. The specific scope of services (domain management, storage space, e-mail hosting, certificates, etc.) is the subject of individual agreements between the parties.
  • Unless otherwise agreed, BrandBuff takes over the administration and management of the data when web hosting is commissioned. The Customer does not receive access to the administration backend of the hosting system.
  • The availability of the servers used by BrandBuff for hosting purposes is at least 99% on an annual average. Excluded from this are those times during which the servers are unavailable due to events beyond BrandBuff’s control (force majeure, acts of third parties, technical problems beyond BrandBuff’s control, etc.).
  • Unless otherwise agreed, the customer is not entitled to the allocation of a fixed IP address for his Internet presence. We reserve the right to make technical or legal changes at any time.
  • The Customer is obliged to keep his passwords and other access data – insofar as these have been provided to him by BrandBuff – secret and not to pass them on to third parties. The Customer is responsible for any misuse by third parties, unless BrandBuff is responsible for this.
  • It is the responsibility of the Customer to make regular backups of its hosted data. If the Customer is not in a position to do this, he must commission BrandBuff or other suitable third parties with the backup. The Customer is liable for any loss of data resulting from a lack of data backup.

Part 3 – Content creation and design

8. creation of texts / copywriting

  • BrandBuff creates texts for the customer (e.g. press releases, articles for websites, advertising texts, etc.). The content of these texts is defined in individual contracts.
  • As soon as the agreed texts have been completed, BrandBuff will send them to the Customer for approval and acceptance. Unless otherwise agreed, the Customer has the right to two correction loops. Complaints regarding the stylistic design or the integration of new information into the text are generally excluded after the second revision loop. If the customer wishes to make further changes, he shall bear the additional costs.
  • If BrandBuff has been commissioned with the publication, the texts will only be published after approval by the Customer, unless otherwise agreed; the approval also represents the acceptance of the texts. In the case of press releases, a distribution date will also be set after approval, on which these are to be transmitted to the media. If the customer is to publish or publicize the texts himself, he must approve the texts in advance. If the customer publishes the texts prior to acceptance, publication shall be deemed acceptance.
  • BrandBuff shall be liable for defects discovered after release / acceptance exclusively in accordance with the provisions under the heading “Liability / Indemnification”.

9. design and conception of graphics and logos (designs)

  • BrandBuff undertakes the conception and design of graphics and/or logos (hereinafter “designs”) by agreement with the customer.
  • For this purpose, the customer first submits a request to BrandBuff with as precise a description as possible of the designs desired. This request represents an invitation to submit an offer by BrandBuff. BrandBuff will check the Customer’s ideas described in the request to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), unambiguousness, feasibility and freedom from contradictions and will prepare an offer on the basis of the wishes arising from the Customer’s request. A contract between BrandBuff and the Customer only comes into existence when the Customer accepts the offer.
  • A prerequisite for BrandBuff’s activity is that the Customer provides BrandBuff with all data required for the implementation of the project (color definition, etc.) in a suitable form before the start of the order. If the Customer does not comply with this obligation, BrandBuff may invoice the Customer for the resulting time expenditure.
  • Unless otherwise agreed, the customer shall be entitled to two correction loops for each individual design. After these correction loops have been carried out, requests for adjustments and complaints (in particular with regard to the artistic design) will no longer be considered. If the Customer wishes to make further changes after the agreed correction loops have been carried out, BrandBuff can create these for the Customer for an additional fee to be agreed.
  • As soon as the agreed design has been completed, BrandBuff will ask the Customer to accept the work. The designs will be sent to the customer in a common file format.
  • BrandBuff expressly does not check the final designs for legal admissibility (in particular trademark and/or competition law) or for infringement of other trademark and/or property rights (e.g. brands, designs, patents, etc.) or for the registrability of the designs, e.g. in official registers.
  • BrandBuff grants the Customer the rights of use to the designs required for the respective purpose. Subject to deviating regulations, an exclusive right of use unlimited in time, place and content is granted for the creation of logos; however, individual graphic elements of the logos may be used for the creation of other works as long as this does not create any risk of confusion with the created logo. Subject to deviating individual agreements, a simple right of use is granted for all other designs. A transfer of the rights of use by the Customer to third parties requires an individual contractual agreement with BrandBuff. The designs presented within the correction loop may not be used, reproduced or passed on to third parties by the Customer, either in the original or modified form, without the express consent of BrandBuff.
  • The rights of use shall not pass to the customer until the remuneration has been paid in full.
  • Unless otherwise agreed in individual contracts, BrandBuff may demand that a suitable copyright notice be placed in an appropriate position on the works created.

10. corporate identity – conception/development

  • BrandBuff takes over the conception/development of the “corporate identity” (e.g. new development or revision of corporate concepts in the area of external appearance, brands, corporate culture, corporate behavior, corporate communication, etc.) by agreement with the customer. To this end, the customer first submits a request to BrandBuff with as precise a description as possible of the corporate image they wish to achieve. This request represents an invitation to BrandBuff to submit an offer. BrandBuff will check the Customer’s ideas described in the request to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the Customer’s request. A contract between BrandBuff and the Customer only comes into existence when the Customer accepts the offer.
  • After the contract has been concluded, the customer’s requirements are discussed in a further briefing if necessary and the specifications are specified. At this point, customer requests can be introduced, provided they are covered by the originally agreed scope of services. If necessary, there is the option of a rebriefing before the service is produced. Adjustments become part of the original contract if both contractual parties agree in text form. Otherwise, BrandBuff is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.
  • Unless otherwise agreed, the customer shall be entitled to two correction loops. Complaints regarding the artistic design are generally excluded after the agreed correction loops have been carried out. If the customer wishes to make further changes, he shall bear the additional costs.
  • A prerequisite for BrandBuff’s activity is that the Customer provides BrandBuff with all data required for the implementation of the project (color definition, templates, graphics, etc.) in a suitable form before the start of the order or at another agreed time. If the Customer does not comply with this obligation, BrandBuff may invoice the Customer for the resulting time expenditure.
  • As soon as the agreed object of performance has been completed, BrandBuff will request the Customer to accept the work.
  • The remuneration is the subject of an individual contractual agreement between the parties. In all other respects, the statutory provisions shall apply.
  • Unless otherwise agreed, an exclusive right of use is granted for the creation of the corporate design, unlimited in terms of time, place and content; however, individual graphic elements of the corporate design may be used for the creation of other works as long as there is no risk of confusion with the created corporate design.
  • A transfer of the rights of use to third parties requires an individual contractual agreement.
  • The rights of use shall not pass to the customer until the remuneration has been paid in full.

Part 4 – Marketing

11. SEO marketing

  • BrandBuff offers the Customer, among other things, services in the area of SEO marketing. As part of the provision of services, BrandBuff owes exclusively the implementation of measures which, in BrandBuff’s own experience, can positively influence the search engine ranking or are expressly ordered by the Customer. This is a service within the meaning of §§ 611 ff. BGB (GERMAN CIVIL CODE). A specific result (e.g. a specific ranking in the search engine hit list) is only owed as part of the SEO services if this has been expressly guaranteed.

12 SEA campaigns

  • BrandBuff offers the Customer services in the area of SEA campaigns. As part of the service provision, BrandBuff owes only the submission of proposals regarding effective keywords and, after approval by the Customer, the implementation of the measure (placement of advertisements). These are services within the meaning of §§ 611 ff. BGB (GERMAN CIVIL CODE). A specific result (e.g. sales figures) is not owed within the scope of SEA services, unless this has been expressly guaranteed. BrandBuff is not obliged to check the legality of keywords. BrandBuff makes suggestions to the Customer regarding the booking of keywords. The legal examination, in particular with regard to the trademark rights of third parties and approval of the keywords, is the responsibility of the customer before the campaign is carried out. The fee agreed for the services described above does not include the costs for the placement of chargeable advertisements; unless otherwise agreed, these costs are to be borne by the Customer.

13. e-mail marketing

  • BrandBuff offers the customer the planning and implementation of email marketing campaigns. The specific object of the service is defined in an individual contract. In order to carry out the email campaigns, BrandBuff requires access to the newsletter lists and, if applicable, to the customer’s newsletter service provider. When designing the email marketing campaigns, BrandBuff only owes the implementation of measures which, in BrandBuff’s own experience, promote the desired result (e.g. sale of products, generation of leads, etc.). A specific result (e.g. the actual generation of a certain number of leads) is only owed if this has been expressly guaranteed.
  • BrandBuff is not liable for errors that occur in the area of responsibility of the email service provider or in the area of control of the customer. In particular, BrandBuff is not liable for warnings or fines resulting from the sending of unwanted advertising emails (e.g. when sending emails to recipients who have not given their consent to advertising emails). The customer is responsible for the correct maintenance of the newsletter lists – subject to deviating individual agreements. The provisions under the heading “Liability / Indemnification” remain unaffected by this.

14. social media marketing

  • Among other things, BrandBuff provides its customers with technical support in the creation and/or maintenance of social media presences. If the Customer makes use of these services, BrandBuff owes exclusively the technical creation of the social media presences and/or the technical maintenance of the content to be provided by the Customer.
  • In addition to the creation of social media presences, posting on behalf of and under the name of the customer (so-called ghost posting) can also be agreed. BrandBuff is free in the content design, provided there are no specifications from the customer. There is no obligation to react to posts from third parties or to monitor them. This is the responsibility of the customer as the operator.
  • If the Customer provides content (images, texts, videos, etc.), BrandBuff will not check this content for its content or legal accuracy. In this respect, it is expressly pointed out that BrandBuff is not authorized to provide legal advice to the Customer. Should BrandBuff nevertheless determine in individual cases that the content provided by the Customer violates applicable law, BrandBuff may refuse to post such content.
  • All content must be approved by the Customer and is then uploaded to the respective websites by BrandBuff, whereby BrandBuff is only responsible for the technical uploading of the content and is only responsible for this; the provisions under “Liability / Indemnification” remain unaffected.
  • The Customer alone is the service provider within the meaning of § 10 TMG. BrandBuff merely acts as the Customer’s processor.

15. placement of advertisements

  • BrandBuff supports the customer with ad placements in social media portals, search engines and other media (“ads”).
  • BrandBuff advises the customer on how to design their ads so that they have the highest possible visibility. Specific results (e.g. sales figures, leads) are not owed.
  • BrandBuff also supports the customer in the conceptualization of the texts and images for the advertisements. However, the selection of content for the advertisements (images, texts, videos, imprints, etc.) is the sole responsibility of the customer. BrandBuff will not check this content or the ads as a whole for their content or legal accuracy. In this respect, it is expressly pointed out that BrandBuff is not authorized to provide the Customer with legal advice. Should BrandBuff nevertheless determine in individual cases that the content provided by the Customer and/or the advertisements violate applicable law, BrandBuff may refuse to post such content or create the advertisements.
  • All content must be approved by the Customer and is then uploaded by BrandBuff to the respective advertising channels, whereby BrandBuff is only responsible for the technical uploading of the content and is only responsible for this; the provisions under “Liability / Indemnification” remain unaffected.
  • The fee agreed for the services described above does not include the costs for the placement of chargeable advertisements; unless otherwise agreed, these costs shall be borne by the customer.
  • The Customer alone is the service provider within the meaning of § 10 TMG. BrandBuff merely acts as the Customer’s processor.

Part 5 – Consulting

16. general consulting services

  • BrandBuff offers the Customer general consulting services in various areas. Within the scope of the provision of services, BrandBuff shall only provide advice to the best of its knowledge and belief and – if relevant – on the basis of the current state of knowledge or the state of the art. The consulting services are a service within the meaning of §§ 611 ff. BGB (GERMAN CIVIL CODE). A specific result is only owed if it has been expressly guaranteed. Advice based on or taking into account specific standards (e.g. DIN standards or professional regulations) is also only owed if this has been expressly agreed.

Part 6 – Other provisions

17 Prices and remuneration

  • The remuneration for BrandBuff’s services is the subject of an individual contractual agreement between the parties and is generally based on the offer.

18. acceptance

  • If a work performance has been agreed, BrandBuff may demand that the acceptance takes place in writing; written acceptance is only owed if BrandBuff requests the Customer to do so. The acceptance provisions of the German Civil Code remain otherwise unaffected. The acceptance period within the meaning of § 640 para. 2 sentence 1 BGB is set at 2 weeks from notification of completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, which BrandBuff will inform the Customer of separately in this case. If the Customer does not comment within this period or does not refuse acceptance due to a defect, the work is deemed to have been accepted.

19. warranty for defects

  • An insignificant defect does not justify any claims for defects. The choice of the type of subsequent performance lies with BrandBuff. The limitation period for defects and other claims is one (1) year; this shortening of the limitation period does not apply to claims resulting from intent, gross negligence or injury to life, limb or health by BrandBuff. The limitation period does not begin anew if subsequent performance takes place within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.

20. contract term for continuing obligations

  • Subject to deviating provisions in and outside these GTC, continuing obligations 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 by a further 12 months. The right to extraordinary termination without notice for good cause remains unaffected.

21 Granting of rights, self-promotion and right of mention

  • BrandBuff grants the Customer – after full payment of the order by the Customer – a simple, non-transferable right of use to the corresponding work results. Further rights can be agreed in individual contracts.
  • Unless otherwise agreed, the Customer expressly grants BrandBuff permission to publicly present the project in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, BrandBuff is entitled to advertise the business relationship with the Customer and to refer to itself as the author on all advertising material created and in all advertising measures, without the Customer being entitled to any remuneration for this.
  • Furthermore, BrandBuff is entitled to place its own name with a link in an appropriate manner in the footer and in the imprint of the website(s) created by BrandBuff, without the Customer being entitled to any remuneration for this.

22. confidentiality

  • BrandBuff shall treat all business transactions of which it becomes aware, in particular, but not exclusively, print documents, layouts, storyboards, figures, drawings, tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products and such other documents which contain films and/or radio plays and/or other copyrighted materials of the Customer or its affiliated companies, as strictly confidential. BrandBuff undertakes to impose the confidentiality obligation on all employees and/or third parties (e.g. suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business transactions. The confidentiality obligation shall apply indefinitely beyond the term of this contract.

23 Liability / Indemnification

  • BrandBuff shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability such as under the Product Liability Act. If BrandBuff negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the preceding sentence. Essential contractual obligations are obligations that the contract imposes on BrandBuff according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with which the Customer may regularly rely. Otherwise, BrandBuff’s liability is excluded. The above liability regulations also apply with regard to the liability of BrandBuff for its vicarious agents and legal representatives.
  • The Customer indemnifies BrandBuff against any third-party claims asserted against BrandBuff due to violations of these GTC or applicable law by the Customer.

24 Final provisions

  • The contracts concluded between BrandBuff and the Customer are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  • If the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the registered office of BrandBuff is the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.
  • BrandBuff is entitled to amend these GTC for objectively justified reasons (e.g. changes in jurisdiction, legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. If he objects, the changes do not come into force; in this case BrandBuff is entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment to these GTC will refer to the deadline and the consequences of the objection or its absence.

As of September 01, 2023