Terms and Conditions of Business (T&C)
- 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.
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
- 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.
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.
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.
client will not publish content illegally on Cultuzz servers. The client bears
sole responsibility for the right to publish this content.
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
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.
Data Protection, Operational Readiness
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
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.
will endeavour to ensure that its services are available all the time but for
technical reasons cannot guarantee 100% operational availability.
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.
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.
Liability, Compensation for Damage
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
also applies to all damage claims, regardless of reason or amount.
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.
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.
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.
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.