Terms and Conditions
of JJ Zeiser GmbH, Eisenbacher Straße 1, 63785 Obernburg am Main, Germany
§1 Scope of Application
(1) The following General Terms and Conditions (GTC) apply to all contracts of JJ Zeiser GmbH (hereinafter "JJ Zeiser") with its customers, provided the customer is an entrepreneur, a merchant, a legal entity under public law, or a special fund under public law (hereinafter referred to as "customer" or "client").
(2) These GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that JJ Zeiser has expressly agreed to their applicability. This requirement of consent applies in every case, for example even if JJ Zeiser, being aware of the customer's general terms and conditions, begins providing the services without reservation.
§2 Services of JJ Zeiser / Cooperation of the Customer
(1) JJ Zeiser provides consulting and agency services in the areas of strategy development, online marketing, employee recruitment, and website creation. A specific outcome is not owed unless expressly agreed in the individual contract.
(2) The customer shall always perform the cooperation duties incumbent upon them completely and on time upon first request.
(3) With regard to the services to be provided by JJ Zeiser, JJ Zeiser is entitled to a right of performance determination pursuant to § 315 of the German Civil Code (BGB).
(4) The customer remains responsible for the legally compliant design of content on websites and landing pages.
(5) Should the use of image and/or film material become necessary, the customer shall provide JJ Zeiser with all rights of use and editing.
(6) The services commissioned from JJ Zeiser are not transferable to third parties.
(7) If the customer commissions the creation of a website or landing page, these services are divided into an independent conception phase and a production phase.
(8) The budget for any advertising campaigns is not included in the agreed remuneration.
§3 Subcontracting
(1) JJ Zeiser is entitled to establish subcontracting relationships with subcontractors and shall inform the customer thereof without delay.
§4 Conclusion of Contracts
(1) Contracts may be concluded by telephone, in writing, or in text form. Contracts concluded by telephone are confirmed in writing without delay.
§5 Services Requiring Acceptance
(1) If a service is subject to the law on contracts for work and services, JJ Zeiser may demand acceptance after completion of the respective partial service. Acceptance requires a functional test by the customer.
§6 Payments, Prices, Conditions
(1) All prices are net plus statutory value-added tax. Payment is due immediately upon invoicing.
§7 Termination, Term
(1) The contract term is determined individually. If the contract is not terminated at least four weeks before the end of the term, it is extended under the same conditions. Terminations must be made in writing.
§8 Default / Extraordinary Termination
(1) Deadlines for the provision of services do not commence before the invoice amount has been received. If the customer is in default with due payments, JJ Zeiser reserves the right to suspend further services.
§9–§12 Performance, Conduct, Intellectual Property Rights, Rights of Use
JJ Zeiser performs the agreed services with the necessary care. The customer receives a simple and permanent right of use to the created deliverables upon full payment. Transfer to third parties is excluded.
§13 Liability
(1) JJ Zeiser is liable for damages only in cases of intent and gross negligence. In cases of simple negligence, JJ Zeiser is only liable for damages arising from injury to life, body, or health, and for damages arising from the breach of an essential contractual obligation.
§14 Confidentiality
(1) JJ Zeiser and the customer shall treat material and not generally known matters of the other party as confidential.
§15 Right of Withdrawal
Entrepreneurs and merchants have no statutory right of withdrawal for contracts concluded by telephone.
§16 Final Provisions
(1) Deviations from these GTC are only effective if a corresponding individual contractual agreement has been made.
(2) The law of the Federal Republic of Germany applies exclusively. The place of performance and exclusive commercial place of jurisdiction is the registered office of JJ Zeiser.
(3) Should any provision of these GTC be invalid, the remaining GTC shall remain in effect.