Legal notice

althaller communication Gesellschaft für Marktkommunikation mbH

Managing partners: Jacqueline Althaller and Helmut Fritz Nollert
VAT identification number: DE288904158
Responsible for content according to § 6 MDStV: Jacqueline Althaller and Helmut Fritz Nollert
Address of those responsible: Elisabethstraße 13, 80796 Munich.

Registered at the Munich Local Court under the commercial register number (CRN): 258781.

Phone: 089 / 38 66 52 60
Telefax: 089 / 38 66 52 75
info@althallercommunication.de
www.althallercommunication.de

Links

In its judgment of May 12, 1998 – 312 O 85/98 “Liability for links”, the Hamburg Regional Court ruled that by linking to another homepage, one may also be responsible for its content. This can only be prevented by expressly distancing oneself from these contents. We hereby expressly distance ourselves from all contents of all pages offered by us via links and hereby declare that the contents offered there may not reflect our opinion.

GENERAL TERMS AND CONDITIONS/h3>
§ 1 General

These General Terms and Conditions apply to all business transactions between althaller communication Gesellschaft für Marktkommunikation mbH and the customer. They apply in particular to all future business transactions, even if no express reference is made to these terms and conditions. These terms and conditions govern all business transactions between althaller communication Gesellschaft für Marktkommunikation and the customer conclusively; in particular, the customer’s general terms and conditions shall not become part of the contract, regardless of whether they contain deviating or supplementary conditions to these terms and conditions.

The customer is advised that the agency works in accordance with the principles of the CODE’ATHENE, the Code de Lisbonne and the ICCO Stockholm Charter. These statutes are available on the Internet (www.drpr-online.de) and will be sent on request.

§ 2 Order

1. The scope and conditions of the order are set out in the written agreements between althaller communication Gesellschaft für Marktkommunikation and the customer.
2. Updates and changes to offers are defined in writing by both parties and become part of the contractual relationship between althaller communication Gesellschaft für Marktkommunikation and the customer as an additional agreement.
3. For projects that are not included in an agreement, a separate offer must be prepared by althaller communication Gesellschaft für Marktkommunikation.
4. althaller communication Gesellschaft für Marktkommunikation is entitled to adjust the contract in the event of obvious typographical, printing and calculation errors in the offer, the order confirmation, the contractual agreement or the invoice from althaller communication Gesellschaft für Marktkommunikation. Claims for damages by the customer are excluded.
5. Each order is of course treated individually. After the briefing, the customer will receive a corresponding cost estimate, after approval of which the customer will receive an order confirmation. If this is not possible due to time constraints, the existing fee guidelines or contact reports, telephone notes or electronic documents will be used as the basis for calculation.
6. The client is responsible for ensuring that the contact persons named by the client to the agency are authorized to sign, particularly with regard to the approval of budgets, cost estimates, texts and other coordination processes. The client must inform the agency in writing of any restrictions to the signing authority in good time before each measure.

§ 3 Special services

If althaller communication Gesellschaft für Marktkommunikation mbH is to carry out projects on behalf of the customer that are not included in the agency’s price list and for which the agency is responsible as general contractor, althaller communication Gesellschaft für Marktkommunikation shall charge a flat rate of 12% of the costs incurred for quality and deadline control. althaller communication Gesellschaft für Marktkommunikation is entitled to send the supplier’s invoice directly to the customer for projects whose invoice volume exceeds €2,500.

Complete billing with invoice control: If the agency is to take over complete project or budget management, including invoice control, this is possible under the following conditions: quarterly advance payments of the budgeted sums to a trust account to be set up individually and also quarterly budget control with the client. The agency does not make any advance payments.

§ 4 Customer corrections

Customer corrections up to layout and text approval are included up to 20% of the total workload per individual project, beyond this amount will be invoiced according to the hourly rates incurred. Corrections resulting from all third-party costs incurred will be charged separately. Corrections made after approval or partial approval of the advertising material components shall be charged additionally as author corrections.

§ 5 Prices

The prices in the price list are based on a mixed calculation of the service classes required in each case and are to be understood as all-inclusive prices that already cover the agency’s briefing and coordination expenses customary in the industry. Additional expenses are charged with a surcharge of up to 20 percent on the product price.

The prices calculated in an order confirmation, in a contractual agreement or in a possible offer are net prices plus statutory VAT.

Cost estimates and calculations are not binding; the customer will be notified if the preliminary calculation or cost estimate is exceeded by more than 20 percent.

§ 6 Invoicing

1. Invoices are issued at the beginning of each calendar month and relate to the consulting fee for the coming calendar month as well as the costs of the individually commissioned projects. Commenced months are invoiced on the basis of 30 days/month.
2. The customer always receives a quantitative report (timesheet) with the invoice, which documents when althaller communication Gesellschaft für Marktkommunikation provided which type of service. Time values are stored for the services to be provided, which are based on an average time expenditure. In addition, the customer receives a qualitative report (detailed report) for requested editorial contacts for this item, which documents the media representative’s response to the respective contact. Successful editorial contacts are listed separately in a results report. The timesheet, detailed report and results report are charged at a flat rate of 30 minutes per agreed agency day.
3. The office provision is calculated in accordance with the contractually agreed flat rate.
4. Projects, i.e. work that is assigned to althaller communication Gesellschaft für Marktkommunikation in writing as an order from the client and that does not fall within the scope of the PR plan currently valid at the time the order is created, will be invoiced separately at the beginning of the respective month.

§ 7 Payment

1. Payments are due upon receipt of the invoice. The customer shall also be in default without a reminder if he has not paid within 10 days of receipt of the invoice. In the event of default, the customer shall pay the statutory default interest of 8% per annum above the prime rate.
2. The customer is only entitled to set-off and retention with similar claims for claims that are undisputed or have been legally established. A right of retention for dissimilar claims is limited to claims of the customer arising from the same contractual relationship.
3. If a significant deterioration in the financial circumstances of the customer occurs after conclusion of the contract or if althaller communication Gesellschaft für Marktkommunikation only becomes aware of a previously occurring deterioration in the financial circumstances after conclusion of the contract, althaller communication Gesellschaft für Marktkommunikation is entitled, at its own discretion, to demand either advance payment or the provision of security.

§ 8 Retention of title and reservation of rights

1. Delivered goods remain the property of althaller communication Gesellschaft für Marktkommunikation until full payment has been made. The customer may process or sell the goods subject to retention of title in the course of his normal business operations, unless he is in default of payment.
2. The collections of data, distribution lists and database works (e.g. address lists) created, edited and further processed by althaller communication Gesellschaft für Marktkommunikation are the property of althaller communication Gesellschaft für Marktkommunikation under copyright law – even after termination of the contract.
3. All rights to the preliminary work, e.g. drafts and concepts as well as other work results of the agency, in particular copyrighted rights of use and ownership, shall remain with the agency, even after the work results have been handed over to the client, unless they have been expressly transferred in writing.

§ 9 Assignment and transfer of rights

The assignment of claims arising for the customer from the business relationship with althaller communication Gesellschaft für Marktkommunikation is excluded. The assignment of other rights or the transfer of obligations arising from a contractual agreement requires the prior written consent of the other contracting party.

§ 10 Claims for damages

Claims for damages by the customer, irrespective of the legal grounds, in particular for tort, incorrect or omitted advice, positive breach of contract, culpa in contrahendo, impossibility, are excluded for slight negligence on the part of althaller communication Gesellschaft für Marktkommunikation. This exclusion of liability does not apply to liability independent of fault.

§ 11 Liability and limitation of liability

1. althaller communication Gesellschaft für Marktkommunikation is only liable for the legal feasibility of a PR plan or PR project to the extent that althaller communication Gesellschaft für Marktkommunikation observes the general provisions of competition law and protects any existing personal rights and third-party property rights of which althaller communication Gesellschaft für Marktkommunikation is aware. Althaller communication Gesellschaft für Marktkommunikation is not obliged to carry out any further checks.
2. Althaller communication Gesellschaft für Marktkommunikation assumes no liability for the accuracy of factual statements about the customer’s products and services.
3. Althaller communication Gesellschaft für Marktkommunikation is not liable for damages, including consequential damages, if third parties (editorial offices, journalists, etc.) alter or falsify the information or materials made available to them by Althaller communication Gesellschaft für Marktkommunikation. Such third parties are neither vicarious agents nor assistants of Althaller communication Gesellschaft für Marktkommunikation.
4. Althaller communication Gesellschaft für Marktkommunikation is not liable for delays caused by default or delay on the part of the customer. Althaller communication Gesellschaft für Marktkommunikation is also not liable if damages are attributable to a breach of duty by the customer.
5. Althaller communication Gesellschaft für Marktkommunikation shall not be liable for failure or delay in the fulfillment of contractual obligations if these are due to causes of force majeure or causes beyond the control of Althaller communication Gesellschaft für Marktkommunikation.
6. In such cases, the customer shall also indemnify althaller communication Gesellschaft für Marktkommunikation against third-party claims.
7. Otherwise, althaller communication Gesellschaft für Marktkommunikation shall only be liable for gross negligence and intent.
8. Althaller communication Gesellschaft für Marktkommunikation does not bear the risk for the accuracy and correctness of the information provided in writing.
9. The customer shall be liable for damages and consequential damages arising from the grossly negligent or intentional breach of his contractual obligations and shall also indemnify althaller communication Gesellschaft für Marktkommunikation against third-party claims in this respect. If the customer uses other persons to fulfill his obligations, the customer is also liable for their errors as for his own.

§ 12 Written form

Deviations from the terms and conditions and contractual conditions must be made in writing. This also applies to changes to the written form requirement.

§ 13 Miscellaneous

Should a provision of an agreement or the General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The agreement or the General Terms and Conditions shall be interpreted in such a way that the mutual economic interests are achieved as far as possible in a legally permissible manner. The same shall apply in the event of gaps in an agreement or the General Terms and Conditions that require supplementation.

§ 14 Collateral agreements

No ancillary agreements have been made to this contract and any extensions or additions must always be made in writing.

§ 15 Place of fulfillment and jurisdiction

Place of fulfillment for all deliveries and payments is the place of business of althaller communication Gesellschaft für Marktkommunikation. The federal laws of Germany apply here. Jurisdiction is Munich. Contractual parties are obliged to resolve disputed points in the execution of the contract to the best of their knowledge, and belieg by mutual agreement, and to take legal action only as a last resort.
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