T&C

General Terms and Conditions of Business (T&C)

(a) General

• Cultuzz Digital Media GmbH, Berlin (referred to hereinafter as Cultuzz) carries out its services solely on the basis of these T&C. These T&C govern the contractual relationship between Cultuzz and the client. This will also apply to all future services if this is not explicitly agreed again to in the T&C.
• Deviations from these conditions of business are only valid if Cultuzz confirms them to its clients in writing. Otherwise, conflicting or deviating conditions of the client in its conditions of business or purchase do not apply.
• In addition to these T&C, special provisions may be used if external service providers are used for any particular service.

(b) Quotes, Prices, Payment Conditions

• All quotes are subject to change and are not binding. All prices are net and exclude the applicable statutory value added tax.
• Commissions and irregular services will be invoiced immediately but at least once a month. Continuous services are invoiced in advance monthly or every quarter. Unless otherwise agreed, payment will be by direct debit.
• Project agreements will be invoiced after completion. Cultuzz is entitled to invoice partial deliveries from project agreements on a monthly basis.
• Invoices are generated electronically and signed digitally. A service charge of EUR 2.50 will be charged for individual invoices in paper form.
• If a direct debit cannot be carried out due to a lack of funds or for another reason for which the client is responsible, the client will be obliged to reimburse any resulting bank charges. If a debit entry is reversed, i.e. if a debit entry is returned unpaid, Cultuzz will charge the client 15 euros for the fees charged by the receiving bank and the additional administrative work and expense.
• Cultuzz reserves the right to charge accruing reminder and processing fees. Cultuzz also reserves the right to assign verified debts with clients to third parties.
• Should the client fail to adhere to payment deadlines set by Cultuzz, interest after the due date of 4% p.a. over the applicable discount rate of the European Central Bank will be charged. The client is at liberty to prove that the amount of damage due to arrears is less. In cases of arrears of payment, Cultuzz will be entitled to block the client’s access to the service. The client’s claims for payment or reimbursement will be offset against Cultuzz‘ invoice claims every month or 14 days by special agreement.

(c) Duration and Termination of the Agreement

• The contractual relationship begins on the day the agreement is first performed and will run for an indefinite period subject to any term stipulated in the agreement. It may be terminated with a notice period of 3 month to the end of the month. If a minimum term is agreed on, the agreement may not be terminated until this period has expired at the earliest.
• Notice of termination must be in writing. In cases where there is reasonable cause to suspect abuse, Cultuzz may block services without prior warning. The client is forbidden from using services provided in this agreement in any illegal fashion. It will be liable for the consequences of any such illegal use.
• After the agreement has ended, Cultuzz will be entitled unconditionally to delete all the client’s data.

(d) Use of External Services

• Where external services are used, Cultuzz will act only as a broker between the client and each service provider. At its option, Cultuzz reserves the right to temporarily or permanently alter, interrupt or stop individual or all services at any time, regardless of whether it has warned the client or not.
• Cultuzz accepts no liability for and gives no guarantee of the proper function of external services, e.g. online booking systems and/or their interfaces.

(e) Content

• The client will not publish content illegally on Cultuzz servers. The client bears sole responsibility for the right to publish this content.
• The client may not breach legislative bans, public morals or violate the rights of third parties pursuant to the law relating to the use of a name, copyright or other industrial property rights etc. with its form, content or pursued purpose and releases Cultuzz from all legal claims and costs resulting from the use of external materials
• Cultuzz does not – as a matter of routine – examine or check content, but reserves the right to block access to data if third parties assert claims to refrain or if the client is not the legal owner of published documents or electronic files.

(f) Data Protection, Operational Readiness

• If data (i.e. text, images, files) are transmitted to Cultuzz in any form, the client will make security copies. This is in the clients own interest, since, in spite of the fact that data are backed up regularly on Cultuzz‘ servers, it is not technically possible to exclude the risk of data-loss with any degree of certainty.
• Emails are to be retrieved and backed up regularly by the client. Cultuzz will not delete the client’s emails but the risk of data-loss due to technical interruptions can never be excluded.
• Cultuzz will endeavour to ensure that its services are available all the time but for technical reasons cannot guarantee 100% operational availability.

(g) Data Protection

• Pursuant to Section 33 of the German Data Protection Act, Cultuzz advises that personal data will be stored and, where appropriate, may be passed on to associated cooperation partners, agents and service providers to the extent necessary in order to fulfil the agreement.
• If the client wants entries in booking portals, internet search programmes or trade directories, the corresponding data will not be deemed confidential and may be published freely by Cultuzz in the internet, thereby being made accessible to third parties.

(h) Liability, Compensation for Damage

• All liability is excluded if it is not due to the grossly negligent or wilful breach of contract by Cultuzz directly, any of its legal representatives or agents. The value of any such liability will be limited to twelve times Cultuzz‘ average monthly commission for its services (less fees of third parties).
• This also applies to all damage claims, regardless of reason or amount.

(i) Final Provisions

• All alterations, corrections, ancillary arrangements, notices of termination or the partial or entire cancellation of the contractual relationship must be in writing, as must the alteration or cancellation of the requirement for the use of written notifications.
• Cultuzz reserves the right to amend or add to the T&C in the future. You will be advised separately of any additions or alterations to these T&C.
• The exclusive place of fulfilment and jurisdiction for all disputes arising from this contractual relationship is Berlin. This agreement is subject to the laws of the Federal Republic of Germany.
• Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provision shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended; the same applies in the case of an omission.