General Terms and Conditions of DEMARKETIX
These general terms and conditions apply to all contracts and orders concluded between DEMARKETIX, owner: Pascal Hudelmaier (hereinafter referred to as the "Contractor") and its client. The application of any conflicting terms and conditions of the client is hereby objected to.
1. Subject matter of the contract
The Contractor’s services are exclusively described in the respective offer. Any services beyond this require a separate agreement.
2. Terms of payment
2.1. The remunerations are net amounts, payable in addition to the statutory value-added tax and without any deductions.
2.2. The remuneration is calculated based on the actual time spent at the hourly rates specified in the offer. The final prices stated in the offer are to be understood as a cost estimate.
2.3. The remuneration is due upon acceptance of the service. If services are accepted in parts, partial payments shall be made in installments.
2.4. The client may only offset the Contractor’s claims for remuneration with undisputed or legally established claims.
3. External services, expenses
3.1. The Contractor is entitled to subcontract individual services to third parties. The parties agree on a handling fee of 30%, which the Contractor will add to the third party's remuneration.
3.2. The client shall reimburse the Contractor for any expenses incurred upon presentation of receipts.
3.3. Travel for the Contractor is charged at €0.50 per kilometer driven and €50 per hour per person.
4. Copyright and rights of use
4.1. Designs, layouts, photo and video productions, and final artwork may not be modified, either in their original form or in reproduction, without the express consent of the Contractor. Any complete or partial imitation is prohibited.
4.2. In the event of a breach of clause 4.1, the client shall pay the Contractor a contractual penalty amounting to 100% of the agreed remuneration. This shall be offset against any actual damages incurred.
4.3. The Contractor shall transfer to the client the rights of use required for the respective contractually specified purpose. Unless otherwise agreed, only the simple right of use shall be transferred. In any case, even if the Contractor has granted the exclusive right of use, the Contractor remains entitled to use its designs, layouts, photo and video productions, and final artwork for its own promotional purposes (e.g., portfolio, social media).
4.4. Any transfer of rights of use to third parties requires a written agreement between the Contractor and the client. The rights of use shall only be transferred to the client after full payment of the remuneration.
4.5. The Contractor is entitled to be named as the author. If the client violates the right of attribution, the client is obliged to pay the Contractor a contractual penalty amounting to 100% of the remuneration agreed for the creation of the respective work. This shall not affect the Contractor's right to claim higher damages in the event of a specific calculation of damages. These damages will be offset against the increased remuneration.
4.6. The Contractor is entitled to use the client’s name and logo for its own advertising as a client reference, even without the publication of specific project results. Objections can be raised at any time in text form.
5. Intellectual property
Only rights of use are granted for drafts, layouts, photo and video productions, and final artwork, ownership rights are not transferred.
6. Disclosure of data
6.1. The disclosure of raw data (e.g., RAW photos, unedited videos) will only take place upon a separate agreement.
6.2. The Contractor is not obligated to hand over data carriers, files, and data beyond the delivery of the final result. If the client requests the Contractor to provide them with data carriers, files, and data, this must be agreed upon in writing and remunerated separately.
6.3. If the Contractor has provided the client with data carriers, files, and data, these may only be modified with the consent of the Contractor. Section 69d of the German Copyright Act (UrhG) remains unaffected by this.
6.4. The client bears the risk and costs of transporting data carriers, files, and data both online and offline.
6.5. The client is obligated to maintain data backup in accordance with the state of the art.
6.6. Except in cases of intent and gross negligence, the Contractor shall not be liable for defects in data carriers, files, and data. The Contractor's liability is excluded for errors in data carriers, files, and data that arise during data import to the client's system. Likewise, the Contractor shall not be liable for damages resulting from a breach of the obligation to back up data.
7. Specimen copy
The client is obliged to provide the Contractor with ten flawless samples of all reproduced works free of charge.
8. Liability, final acceptance
8.1. The Contractor shall only be liable for damages caused by itself or its vicarious agents through intent or gross negligence, as well as for damages caused by negligence to life, body, and health. This also applies to damages resulting from a breach of ancillary contractual obligations or a tortious act.
8.2. Upon acceptance of the work, the client assumes responsibility for the accuracy of text, images, and sound.
8.3. The Contractor shall not be liable for the admissibility and registrability of its designs, layouts, other works, and designs under competition, personality, and trademark law. The parties agree that the client shall undertake appropriate research.
8.4. Upon completion of the project, the Contractor shall submit the project for acceptance testing. Complaints and objections of any kind must be submitted by the client in text form within two weeks of being requested to do so by the Contractor. After this period, the work shall be deemed to have been accepted in accordance with the contract and free of defects.
8.5. Claims for liability for defects in workmanship or material defects shall become statute-barred within 12 months of acceptance/delivery. The liability clause in accordance with Section 8.1 remains unaffected by this.
9. Creative freedom and templates, third-party rights
9.1. Within the scope of the order, the Contractor has creative freedom. If the client requests changes during or after production, they must commission the change and bear the additional costs. Unstated specifications on the part of the client do not constitute a defect in the content.
9.2. If the execution of the order is delayed for reasons for which the client is responsible, the Contractor may, after giving appropriate notice of the hindrance, demand a reasonable increase in remuneration. In the event of intent or gross negligence, the Contractor may also assert claims for damages.
9.3. The client is liable for ensuring that the content provided by them is free of third-party rights. If the Contractor is sued by a third party due to the use of content provided by the client, the client must, upon request, immediately, but no later than within 5 working days, provide instructions on how to proceed. If the client considers the claims to be justified, the client shall compensate the Contractor for all damages incurred by the Contractor as a result of the third-party claim. If the client considers the claims to be unjustified, the client shall indemnify the Contractor against all costs, expenses, and claims upon first request.
10. Final provisions
10.1. The place of performance is the Contractor's place of business. The place of jurisdiction is the court responsible for the place of performance. German law shall apply.
10.2. In the event of disputes arising from the business relationship between the Contractor and the client, the parties are obliged to seek an amicable solution. If no agreement can be reached, they undertake to settle their differences through mediation before resorting to legal action. This does not affect the possibility of summary proceedings by way of interim legal protection. The mere non-payment of remuneration without justification does not constitute a dispute.
As of July 8, 2025
