Terms & Conditions

§1 Scope of Terms

§1.1

All offers, services and deliveries by VIERLESS GmbH to the customer are based exclusively on these terms and conditions.

§1.2

They also apply to future business relationships between the customer and the contractor without express reference.

§1.3

Deviations are only valid if they have been approved in writing by VIERLESS GmbH.

§2 Confidentiality

VIERLESS GmbH is obliged to maintain secrecy about all customer information communicated to it.

§3 Copyright

§3.1

All services, sketches and drafts provided by VIERLESS GmbH are subject to the German Copyright Act (UrhG).

§3.2

If the customer infringes the copyrights of VIERLESS GmbH, he will forfeit a contractual penalty of three times the amount agreed for this order.

§4 Property rights

The property rights to services rendered, sketches and drafts are not transferred to the customer of VIERLESS GmbH. Instead, he only receives the rights of use.

§5 Rights of Use

§5.1

The customer receives the rights of use after the service has been rendered and the agreed remuneration has been paid in full.

§5.2

Passing on the rights of use to third parties is generally not permitted. Unless the client has been given express permission to do so.

§6 Credit claim

VIERLESS GmbH is permitted to identify itself as the author of projects created without the express consent of the customer. This is basically intended for print and web media.

§7 Termination or Customer Withdrawal

§7.1

Temporary contracts can be terminated without giving reasons up to 14 days before the end of the contract. The termination must be in writing. A verbal notice is ineffective.

§7.2

If the contract is not terminated, it is automatically extended by the previously agreed term.

§8 Offers

Offers issued by VIERLESS GmbH are valid for 14 days after the offer has been made. Thereafter, the right to the prices contained therein expires.

§9 Claim for advance payment

For projects that require expenditures to be made in advance, VIERLESS GmbH is permitted to request an appropriate advance payment from the client. The amount of this advance payment is calculated from the individual costs incurred for the respective project.

§10 Performance documentation

VIERLESS GmbH stores the project documents free of charge for three months after the end of the order or expiration of a temporary contract. After this period, VIERLESS GmbH is entitled to destroy the relevant documents without notifying the client.

§11 Privacy

§11.1

Data related to the execution of a project for the client are stored for this purpose.

§11.2

Reference is made to the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (GDPR).

§11.3

Some of the services of Google Inc. are used to save project files. The General Terms and Conditions and the data protection guidelines of Google Inc. therefore apply to these General Terms and Conditions. These can be viewed at https://policies.google.com/privacy?hl=de.

§11.4

VIERLESS GmbH provides its customers with a contract for order processing (AV) for some services.

§12 Liability

§12.1

VIERLESS GmbH is not responsible for content provided by the client.

§12.2

If VIERLESS GmbH relies on third parties recommended by the client to fulfill contracts, no liability is assumed for them.

§12.3

If the customer has given his consent to the project materials concerned, he assumes full responsibility.

§13 Formation of contracts

§13.1

The contract between VIERLESS GmbH and the client can be concluded in writing or by telephone (video chat, telephone, etc.).

§13.2

Contracts between VIERLESS GmbH and the customer are concluded by telephone through mutual declarations of intent.

§14 Final Provisions

§14.1

The law of the Federal Republic of Germany applies to these terms and conditions and all legal relationships between VIERLESS and the customer. The place of jurisdiction for disputes between the customer and the contractor is Düsseldorf as far as possible.

§14.2

Should any provision of these General Terms and Conditions be ineffective, the remainder shall remain effective.