COMMUNICATION Presse und PR
Jacqueline Althaller und Dr. Hans-Wilhelm Eckert GbR
Jacqueline Althaller und Dr. Hans-Wilhelm Eckert GbR
Managing Directors: Jacqueline Althaller and Dr. Hans-Wilhelm Eckert
Value added tax identification number: de129536095
Responsible for the content according to § 6 MDStV: Jacqueline Althaller and Manuela Nikui
Their address: Elisabethstraße 13, 80796 Munich/Germany
Phone: +49 89 38 66 52 60, fax: +49 89 38 66 52 75
email@example.com | www.communicationmunich.de
The district court of Hamburg has decided with its judgment 312 O 85/98 – “liability for links” – of the 12th of May, 1998 that one might be responsible for another homepage’s content by offering a link to it. This can only be prevented by dissociating explicitly from these contents.
Herewith we explicitly dissociate ourselves from all contents from other websites that we have offered by links and herewith explain that the contents offered there possibly do not reflect our opinion.
These General Terms and Conditions shall apply to all business transactions between COMMUNICATION Presse und PR and the Customer. They shall apply in particular to all future business transactions, even if no express reference to these General Terms and Conditions is made. These General Terms and Conditions shall govern all business transactions between COMMUNICATION Presse und PR and the Customer with finality; the Customer’s general terms and conditions shall in particular not become integral parts of the agreement, regardless whether they contain deviating or supplementary provisions to these General Terms and Conditions.
It is drawn to the customer’s attention that the agency operates in accordance with the principles of the CODE’ATHENE, the CODE DE LISBONNE and the ICCO STOCKHOLM CHARTA. These statutes are available for inspection on the Internet (www.drpr-online.de). Copies will be sent on request.
(1) The scope and conditions of the purchase order shall be set forth in the written agreements between COMMUNICATION Presse und PR and the Customer.
(2) Updates and modifications of quotations shall be set forth by both parties in writing and shall become part of the contractual relationship between COMMUNICATION Presse und PR and the Customer in the form of ancillary agreements.
(3) For projects not included in an agreement a separate quote shall be compiled by COMMUNICATION Presse und PR.
(4) In the event of patent typographical, printing or calculation errors in a quotation, order confirmation, contractual agreement or invoice issued by COMMUNICATION Presse und PR, COMMUNICATION Presse und PR shall have the right to adjust the agreement. In such cases, the Customer shall not be entitled to damage compensation.
(5) Each order shall of course be handled individually. After a briefing, the Customer shall receive a respective cost estimate. Upon approval of same, the customer shall receive an order confirmation. If the latter is not possible due to time constraints, the existing remuneration guidelines or contact reports, phone logs or other electronic documents shall be used as a basis for calculation.
In the event that COMMUNICATION Presse und PR is to execute projects on behalf of the Customer that are not included in COMMUNICATION Presse und PR’s price list and for which COMMUNICATION Presse und PR has the commission of general contractor, COMMUNICATION Presse und PR shall charge a lump sum of 12% of the costs incurred for quality and schedule monitoring. COMMUNICATION Presse und PR shall have the right to have supplier invoices for projects whose total invoice amount exceeds EUR 2,500 forwarded directly to the Customer.
Complete Billing with Invoice Verification. In the event that the agency is to be commissioned to handle the complete project or budget management including invoice verification, this shall be possible under the following conditions: quarterly advance payments of the budgeted total amounts to an escrow account to be set up individually as well as quarterly budget control with the customer. As a matter of principle, the agency shall not make any advance payments.
Until layout and text copy have been released, customer corrections shall be included up to 20% of the total expenditures for each individual project; any additional work shall be billed on the basis of hourly rates incurred. Corrections resulting in the incurrence of third party costs shall be billed separately. Corrections made after the release or partial release of the advertising material components shall be considered author corrections and charged additionally.
Prices calculated in an order confirmation, contractual agreement or possible quotation shall be understood net and shall be subject to applicable value added tax.
Estimates and quotations are non-binding; in the event that provisional estimates or quotations are exceeded by more than 20 percent, the customer will be notified accordingly.
(1) Invoices shall be generated at the beginning of each calendar month and shall pertain to the consulting fees for the upcoming calendar month and the costs for individually commissioned projects. Partial months shall be calculated on the basis of 30 days per month.
(2) As part of invoicing, the customer shall always receive a quantitative report (timesheet) indicating when COMMUNICATION Presse und PR performed what service. For the services to be rendered, time durations have been specified which are oriented to average times spent. In addition, for specified editorial contacts, the customer shall receive qualitative reports (detailed reports) for relevant items, indicating the resonance the media representative in question achieved with the contact in question. Editorial contact outcomes shall be set forth separately in outcome reports. Preparation of timesheets, detailed reports and outcome reports shall be billed on a lump sum basis totalling 30 minutes per agreed agency day.
(3) Office costs shall be calculated based on the contractually agreed lump sum.
(4) Projects, i.e. assignments that are communicated to COMMUNICATION Presse und PR in writing as purchase orders of the customer and that do not fit into the framework of the PR plan in effect at the time the order is placed, shall be billed separately at the beginning of the respective month.
Payments are due upon receipt of invoice. The Customer shall be deemed in arrears if it has not paid within 10 days of receiving the invoice in question, even if no reminder has been issued. If the Customer is in arrears, it shall pay statutory arrears interest of 8% above the base rate p.a. pursuant to § 1 of the German Discount Rate Transfer Statute as of said due date without notice. The applied interest rate shall be higher if COMMUNICATION Presse und PR proves the incurrence of a higher interest rate or lower if the Customer proves the incurrence of a significantly lower interest rate. In any event, COMMUNICATION Presse und PR shall have the right to demand at least the statutory interest rate.
The Customer shall have the right to set off or withhold payments against receivables of the same nature only if said receivables are undisputed and have been finally adjudged by a court of law. The Customer shall be permitted to set off or withhold payments against receivables of the purchaser that are not of the same nature only if said receivables stem from the same contractual relationship.
In the event that the Customer’s financial situation should significantly deteriorate after the execution of the agreement or if COMMUNICATION Presse und PR should become aware of an earlier deterioration of the financial situation only after the contract has been executed, COMMUNICATION Presse und PR shall, at its discretion, have the right to demand advance payment or the provision of collateral.
(1) Until complete payment has been made, goods delivered shall remain the property of COMMUNICATION Presse und PR. The Customer shall be permitted to process and sell title retainer attached goods within the scope of Customer’s normal business operations, unless Customer is in default of payment.
(2) Any collections of data, distribution lists and databases (e.g. address lists) generated and further processed by COMMUNICATION Presse und PR shall remain the intellectual property of COMMUNICATION Presse und PR even after the expiration of the agreement.
(3) All rights in preparatory work, such as drafts and concepts as well as other work product of the agency, in particular copyrights and property rights shall be reserved by the agency, even after work product has been handed over to the principal, unless same is expressly transferred to the latter in writing.
The right to assign entitlements acquired by the Customer as a result of the business relationship with COMMUNICATION Presse und PR shall be excluded. The assignment of any other rights or the transfer of obligations under a contractual agreement shall be subject to the prior written consent of the other contracting party.
Damage compensation claims of the customer, regardless of their legal basis, in particular as a result of prohibited acts, wrong advice or failure to provide advice, positive breach of contract, culpability upon execution of the contract, impossibility shall be excluded if based on minimal acts of negligence by COMMUNICATION Presse und PR. This liability waiver shall not apply non-culpability dependent liability.
(1) COMMUNICATION Presse und PR shall be liable for the legal feasibility of a PR plan or PR project only to the extent that COMMUNICATION Presse und PR shall comply with the general provisions of competition statutes and that it shall observe any potentially existing personality rights as well as third party property rights COMMUNICATION Presse und PR is aware of. COMMUNICATION Presse und PR shall not be under any obligation to perform any further verification.
(2) COMMUNICATION Presse und PR shall not be liable for correctness of Customer’s factual product and service statements.
(3) COMMUNICATION Presse und PR shall not be liable for damages including consequential damages if third parties (editors, journalists, etc.) amend or distort information or material provided to them by COMMUNICATION Presse und PR. Such third parties are neither agents nor representatives of COMMUNICATION Presse und PR.
(4) COMMUNICATION Presse und PR shall not be liable for any delays caused by default or delay of the Customer. Moreover, COMMUNICATION Presse und PR shall not assume any liability if damages arise from any breach of obligation by the Customer.
(5) COMMUNICATION Presse und PR shall not be liable for misprisions or the late fulfillment of contractual obligations if such circumstances are the result of force majeure or causes beyond COMMUNICATION Presse und PR’s control.
(6) In these cases, the Customer shall also indemnify COMMUNICATION Presse und PR against third party liability claims.
(7) Damages claims for infringement of significant contractual obligations shall be limited to damages which are typical to such agreements and foreseeable.
(8) The Customer shall be liable for the accuracy and correctness of information submitted in writing.
(9) The Customer shall be liable for damages and consequential damages incurred as a result of grossly negligent or deliberate breach of Customer’s contractual obligations and shall indemnify COMMUNICATION Presse und PR against respective third party claims to that extent. In the event that the Customer should utilize the services of other persons to fulfill Customer’s obligations, the Customer shall be liable for their errors in the same manner Customer is liable for Customer’s own errors.
Any deviations from these General Terms and Conditions and the contractual provisions shall be set forth in writing. This shall also apply to any modification of this written form clause.
In the event that one of the provisions of an agreement or of these General Terms and Conditions should be ineffective or be rendered ineffective, this shall not affect the effectiveness of the remaining provisions. Moreover, in this case, the contract or General Terms and Conditions shall be interpreted in such a manner that the mutual economic interests of both parties are met in compliance with applicable laws and to the fullest extent possible. The same shall apply in the event that there should be any gaps in any agreement or in the General Terms and Conditions that have to be filled in.
No ancillary agreements to this contract have been made. As a matter of principle, any potential expansions or additions shall be made in writing.
The business domicile of COMMUNICATION Presse und PR shall be the place of fulfillment for all goods and services. The governing law shall be the law of the Federal Republic of Germany; the sole place of jurisdiction shall be Munich, Germany. The contracting parties undertake to resolve disputes arising during the execution of the contract by mutual agreement to the best of their knowledge and belief, and to pursue legal action only as a last resort.