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Terms of Service

1. Scope

(1.) AV-Line GmbH (hereinafter referred to as contractor) provides its offers and services for the respective contractual partner (hereinafter referred to as customer) exclusively on the basis of these General Terms and Conditions. Deviating general terms and conditions of the customer do not apply. They also do not apply if the contractor does not expressly object to them.

(2.) The general terms and conditions are available for inspection at the headquarters of AV-Line GmbH. Upon request, the general terms and conditions can be obtained in writing from the contractor. They are also available online on the contractor's website. By signing a service contract, the customer confirms that he has had a reasonable opportunity to take note of its content. By signing, he accepts the General Terms and Conditions as the valid contractual basis.

(3.) Changes to the General Terms and Conditions will be communicated to the customer by letter or email. The customer can terminate the contract in writing within one month of receiving notification of the change if the contractor changes the general terms and conditions to the disadvantage of the customer. If the customer does not exercise his right of termination, the change will take effect at the end of this month.

(4.) Any other individual contractual provisions between the contractor and the customer will render the corresponding agreements in the following general terms and conditions ineffective.

 

2. General

(1.) The contractor provides services itself (or through freelancers, subcontractors, etc.) in accordance with the specific agreed range of services. All these services are carried out on the basis of these terms and conditions (exceptions under 1 paragraph (4.)

The services generally include the creation of design concepts, training activities and the creation of various 3D models. If the agreed services include the delivery of software, the respective software contract and license conditions also apply.

(2.) Agreed deadlines will be adhered to by the contractor as far as possible, but are non-binding. Adherence to the delivery period requires the provision of documents by the customer as a requirement of the respective agreed service offer. The customer can only assert claims due to delay in the event of gross negligence or intent after granting a reasonable grace period. Unforeseeable disruptions in the business operations of the contractor or various defects or instabilities in programs required for execution, in particular force majeure, technical disruptions or failures and project manager failures, postpone the agreed deadlines accordingly.

 

3. Changes in Services

The contractor will check what effects desired changes to the services will have, in particular with regard to remuneration, additional expenses and deadlines. If the contractor recognizes that the services to be provided cannot be carried out or can only be carried out with a delay, he will inform the customer of this and point out that the change request can only be checked if the services concerned are initially postponed for an indefinite period of time will.

 

4. Prices and terms of payment

(1.) The prices of the contractor are net prices, the applicable statutory value added tax will be charged.

(2.) All payments are to be made within 7 days of receipt of the invoice without deduction, unless otherwise agreed in writing

became. Interest on arrears will be charged at a rate of 9% pa above the respective base interest rate. The assertion of a higher damage caused by default remains reserved.

(3.) If, after conclusion of the contract, the contractor becomes aware of circumstances that limit the customer's creditworthiness, the contractor can demand securities. If the customer does not comply with this request within 3 weeks, the contractor is entitled to discontinue the agreed services and to withdraw from the contract.

(4.) The contractor is entitled to increase the prices by 5% after written advance notice of 30 days. In this case, the customer has the right to terminate the contract without notice on the date on which the price change takes effect if the price increase significantly exceeds the general price increase. Amounts paid in advance for services not yet provided will be refunded to the customer immediately.

(5.) These terms of payment apply regardless of the customer's requests for changes, additions or improvements. In the event of a delay in payment, we reserve the right to discontinue the service work.

(6.) Default in payment by the customer entitles the contractor to interrupt or discontinue the service.

 

5.  Non-Solicitation and Confidentiality

(1.) The customer undertakes not to poach employees from the contractor or hire them without the consent of the contractor for the duration of the cooperation between the parties and for a period of one year thereafter. For each case of culpable infringement, the customer undertakes to pay a contractual penalty to be determined by the contractor and, in the event of a dispute, to be reviewed by the competent court.

(2.) The documents, knowledge and experience provided to the other contractual party may only be used for the purposes of this contract and may not be made accessible to third parties unless they are intended to be made accessible to third parties or are already known to the third party. Third parties are not the auxiliary persons called in to carry out the contractual relationship, such as freelancers, subcontractors, etc.

(3.) In addition, the contracting parties agree to maintain confidentiality regarding the content of this contract and the knowledge gained during its execution.

(4.) The confidentiality obligation also applies beyond the termination of the contractual relationship.

 

6. Jurisdiction, Governing Law and Miscellaneous

(1.) The contractor is entitled to use the name of the customer as a reference and to advertise with it, unless the customer expressly refuses this.

(2.) Liability and damage claims are excluded unless they are based on gross negligence or intent.

(3.) Claims for damages by the customer are only permissible for direct damage up to the amount of the original order value, unless expressly limited or excluded in other conditions. Liability and compensation for consequential damage are excluded.

(4.) The customer can only offset counterclaims if they have been finally decided or are undisputed. The customer's rights of retention are excluded.

(5.) In order to avoid damage and consequential damage, the customer is responsible for constant monitoring and security. Compensation for consequential damage is excluded.

(6.) The customer consents to data being processed, stored and passed on to third parties as part of this contract. The customer is responsible for data backup and compliance with data protection regulations.

(7.) The customer recognizes any copyrights of third parties.

(8.) The place of performance and exclusive place of jurisdiction is the registered office of the contractor, also in the case of lawsuits in bills of exchange and document processes. The contractual relationship is subject to German law.

(9.) Deviating conditions of the customer are not valid unless they have been confirmed in writing by the contractor. Oral agreements are invalid.

(10.) Should individual provisions be or become invalid, the contracting parties shall replace them with provisions that come as close as possible to the economic purpose of the invalid provisions. This does not affect the effectiveness of the General Terms and Conditions.

 

7. Use Rights and Data Transfer

The client acquires a right of use to the works and works of the contractor. A right of ownership is not transferred. The client may not transfer ownership of the work and the work as security. In the event of seizure, confiscation or other dispositions by third parties, the customer must inform the contractor immediately and inform the third party of the contractor's property. The subject of the contract is the creation of the commissioned work and the granting of rights of use to this work.

The works and works commissioned may only be used within the framework of the agreed type and scope of use. If no express agreement has been made for use, the purpose of the contract shall only be the purpose made recognizable by the client when the order was placed. The customer may only use the work and the work after full payment of the agreed remuneration.

 

8. Copyright

The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

 

9. Liability for Content and Links

The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.

Our website contains links to external websites over which we have no control.

We can therefore assume no liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages.

The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.

 

10. Content and links on our sites

The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.

 

Our offer contains links to external third-party websites, the content of which we have no influence on. We can therefore assume no liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages.

 

The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.

 

11. Jurisdiction

Unless the law provides otherwise, the place of jurisdiction is the place of business of the online shop.

German law applies exclusively to all disputes that may arise from this legal relationship. 

 

12. Validity

With an order, the general terms and conditions of the online shop are accepted.

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