Terms of Use
Last updated: May 2021
1. General
For all business transactions between the customer and Smart-Byte GmbH (hereinafter "Company"), exclusively these Standard Terms and Conditions apply. Customer's opposing terms are only effective if expressly acknowledged in writing by the Company. Any agreements deviating from or supplementing these terms require written form. Should individual provisions be invalid, this does not affect the binding nature of remaining provisions.
2. Contract Subject Matter
The Company provides services in conception, consultation, design, programming, marketing, and media planning. Detailed service descriptions derive from tender documents, briefings, project contracts, their attachments, and the Company's service descriptions.
3. Contract Modifications
The project contract and its attachments, plus the client-provided briefing, form the work basis. Any contract change or supplement requires written form. The client bears resulting additional costs.
4. Author and Usage Rights
Upon full payment of agreed compensation, the client acquires usage rights for contracted duration and scope in all Company-created work. This right transfer applies to the extent permitted under German law and for agreed usage within the Federal Republic of Germany. Usage beyond this territory requires separate written agreement.
5. Compensation
Agreed contract compensation applies. Payments are due within 14 days of invoicing without deduction unless otherwise contractually regulated. All listed prices exclude applicable VAT.
6. Additional Services
Unforeseen additional effort requires mutual agreement and potential additional compensation.
7. Confidentiality
The Company must strictly maintain all client-acquired knowledge confidential indefinitely, obligating employees and engaged third parties to absolute confidentiality equally.
8. Client Obligations
The client provides all project-required data and materials free of charge. The Company handles work materials carefully, protects them from third-party access, uses them solely for order execution, and returns them upon completion.
9. Warranty and Liability
The Company is liable only for damages caused by willful misconduct or gross negligence, with liability limited to single order proceeds. Liability for consequential damages is excluded except where essential contract purpose obligations are violated.
10. Licensing
The client must pay required licensing fees (e.g., GEMA). If the Company advances these, the client reimburses against documentation.
11. Third-Party Services
Engaged freelancers or third parties are Company performance agents. The client may not commission these personnel for projects within 12 months after contract conclusion without Company involvement.
12. Work Materials
All work materials, electronic data, and records created during order execution remain Company property. The Company owes the agreed service upon payment, not intermediate steps.
13. Media Planning and Productions
Media-planning assignments are performed according to best knowledge based on accessible media materials and publicly available market research data. The Company doesn't guarantee specific advertising success.
14. Contract Duration
The contract becomes effective upon signing for the stated contract duration. For indefinite-term contracts, either party may terminate with three-month notice to month-end. Termination requires written form.
15. Disputes
Prior to initiating court proceedings for project disputes, an out-of-court mediation procedure must be completed.
16. Final Provisions
Federal German law applies. Place of performance and jurisdiction is Erding. Should any provision become invalid, remaining provisions remain unaffected.
Smart-Byte GmbH · Landshuter Str. 29, 85435 Erding · info@smart-byte.com