General Terms and Conditions Agency lichtecht GmbH
01. Validity of the General Terms and Conditions
01.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all present and future business relationships between Agentur lichtecht GmbH (hereinafter referred to as lichtecht) and its customers, as well as to the use of the website. They shall also apply insofar as lichtecht fulfils its contractual obligations through vicarious agents.
01.2 The terms and conditions of business of the lichtecht agency shall be deemed to have been accepted if they are not contradicted in individual cases.
01.3 Deviating, conflicting or supplementary general terms and conditions of the contractual partner shall not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.
02. Service to be provided by lichtecht
02.1 The customer commissions lichtecht to produce digital images or films (hereinafter referred to as “visualisations”) of objects specified by the customer. The exact content of the service shall be specified in each individual order.
02.2 lichtecht shall be entitled to have the contractual service or parts of the service to be rendered rendered by a third party selected by it.
03. Obligations of the customer
03.1 The customer shall provide lichtecht with all data and documents required for the visualisation. lichtecht shall not be obliged to commence with the creation of the visualisation prior to receipt of all data.
03.2 The customer assures that the material provided to lichtecht is free from third party rights. The customer undertakes to indemnify lichtecht against all claims of third parties in this respect.
04. Provision of the visualisations to the customer
04.1 lichtecht shall transmit the visualisations to the customer on a suitable data carrier or by way of electronic data transmission by e-mail.
04.2 If the visualisations are stored and transmitted on a suitable data carrier, the visualisations shall be deemed to have been delivered upon personal handover or receipt by the customer. At the customer’s request, the visualisations shall be sent by registered mail or by courier at the customer’s expense.
04.3 Visualisations transmitted by e-mail shall be deemed delivered as soon as they are electronically accessible to the customer. The warranty for the delivered visualisations and the period for notifying defects shall commence for the customer from this point in time.
05. Defects
05.1 Obvious defects must be notified within a period of one month.
05.2 lichtecht is not liable for defects in the visualisations for which the customer is responsible, in particular not for defects caused by the documents provided by the customer.
05.3 There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the customer requests changes during or after production, he must bear the additional costs caused by this.
05.4 Architectural and constructive changes, aqny changes to the building geometry, changes to floor plans, changes in materials and colors are not included in the correction runs offered. They expand the scope of services and are billed and paid for separately as additional work. Unless otherwise agreed, an hourly fee of €120 applies.
06. Remuneration
06.1 The customer shall owe lichtecht the remuneration agreed in the individual order.
06.2 In the case of quotations of € 5,000 or more, a deposit of 50% of the order sum shall be due when the order is placed.
06.3 The prices of the lichtecht agency are fixed/flat-rate prices. If the scope of services agreed with the customer is subsequently extended at the customer’s request, the additional work shall be invoiced and remunerated separately. Unless otherwise agreed, an hourly fee of € 120 shall apply in this case.
06.4 All prices are exclusive of value added tax.
07. Assignment and offsetting
07.1 lichtecht is entitled to assign all or part of its rights and/or claims and entitlements vis-à-vis the client. Claims against the customer may be offset.
08. Liability
08.1 In the case of slightly negligent breaches of duty, the liability of lichtecht shall be limited to the direct average damage that is foreseeable and typical for the type of work performance. This shall also apply in the event of a slightly negligent breach of duty by our legal representatives or vicarious agents.
08.2 With respect to merchants and companies, lichtecht shall not be liable in the event of a slightly negligent breach of immaterial contractual obligations.
08.3 The limitations of liability provided for shall not apply in the event of bodily injury or damage to health attributable to lichtecht or in the event of loss of life of the customer.
08.4 The customer’s claims for damages due to a defect shall become statute-barred one year after delivery of the work. This shall not apply if lichtecht can be accused of fraudulent intent.
09. Copyrights
09.1 The customer acknowledges that the copyright to the visualisations originates with lichtecht and remains with lichtecht.
09.2 Upon transmission of the visualisations by lichtecht to the customer, the customer shall be granted the right to use the transmitted visualisations for the contractually agreed purpose.
09.3 The right of use is granted to the customer for an unlimited period of time.
09.4 In case of doubt, the simple right of use shall be transferred.
09.5 Each visualisation is accompanied by lichtecht’s trademark and digital watermark. The customer undertakes to adopt these marks unchanged as components of the visualisations and not to remove them when publishing the visualisation.
10. Applicable law and place of jurisdiction
10.1 The law of the Federal Republic of Germany shall apply exclusively.
10.2 The place of jurisdiction for disputes shall be Hamburg, Germany.
11. Partial Invalidity
11.1 Should individual parts of these GTC or of the entire contractual relationship between lichtecht and the customer be or become invalid, this shall not affect the validity of the remaining provisions. In such a case, the parties shall replace the invalid part with a valid provision that comes as close as possible to its legal and economic content.