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These General Terms and Conditions shall apply to all contracts between MEDIA INTEGREAT GmbH & Co. KG (hereinafter referred to as "Contractor") and its customers for the provision of consulting and services in the field of media and event technology. Services shall be provided exclusively on the basis of these General Terms and Conditions. Deviating terms and conditions shall only become subject matter of the contract if they have been expressly agreed with the Contractor in text form in the individual case.

2.1 The Contractor shall provide services in the field of planning, installation, service and maintenance as well as operation of media and event technology and related services including trade and event support. The Contractor is purely a service provider and shall in no way be responsible for checking the legal admissibility of the services ordered by the Customer, in particular with regard to copyright, trademark, brand and competition law infringements. The examination of the registrability and protectability of trademarks and brands is also not included in the scope of services. The Contractor shall likewise not be obliged to check any factual statements about the Customer's products and services contained in the objects of performance and prepared or released by the Customer for their correctness or to check content provided by the Customer (e.g. images, texts) for their factual and legal correctness.
2.2 The contract-specific services result from the most recent offer in terms of time, their appendices including any service descriptions and the Customer's briefing. The Contractor's offers are subject to change and are valid for two weeks from the date of the offer, unless otherwise stated in the offer. The contract shall only be concluded upon written confirmation of the order, whereby confirmation in text form by e-mail shall be sufficient. All documents provided by the Contractor to the Customer (offers, plans, concepts, etc.) shall remain the property of the Contractor with all rights. The customer is obligated to refrain from any utilization, in particular copying, distribution and forwarding to third parties.

3.1 The scope of services shall be determined by the order confirmation and shall be the basis for invoicing. The Contractor shall be entitled to render partial services insofar as these are reasonable for the Customer.
3.2 The properties described are only guaranteed within the scope of the necessary freedom of design, which permits specific artistic-creative performance properties appropriate to the achievement of the Customer's objectives.
3.3 A change in the scope of services after conclusion of the contract shall only be binding after the Contractor's declaration of consent in text form or, in the case of additional services requested by the Customer, through actual performance. A request for change shall be deemed to exist, among other things, if the Customer places requirements on the object of performance that were not previously agreed (request for change). Any additional expense incurred as a result of the change request shall be remunerated separately. The Contractor shall inform the Customer of the amount of the separate remuneration after reviewing the request for change, which the Customer may accept within the set period. In case that the originally agreed deadlines cannot be met due to the change request, the parties shall adjust the deadlines. If no agreement can be reached, the Contractor shall be entitled to unilaterally set a reasonable deadline which shall be binding.
3.4 The scope of services shall not include the examination of the commissioned services with regard to infringements of patent, copyright, trademark and competition law as well as the registrability and protectability of marks and trademarks.

4.1 All services provided by the Contractor, including presentations, project sketches, project papers, concepts, plans, layouts and the like, shall be subject to copyright, industrial property rights and other statutory regulations under competition law. The parties agree that all services of the Contractor are subject to the protection of the provisions of copyright law, even if the necessary requirements for protection, such as the necessary level of creation, should not be met in individual cases. In particular, in such a case the applicability of §§ 31 ff. and §§ 97 ff UrhG is agreed. 4.2 The Contractor shall grant the Customer only those and such rights of use which the Customer requires in order to be able to use the objects of performance as intended. Property rights shall not be transferred. The content, scope and extent of the granting of the right of use as well as any restrictions in terms of time and place shall be governed by the purpose of the contract. Transfer of the rights of use to third parties is not permitted.
4.3 As a matter of principle, the Contractor shall not grant the Customer any right to edit. The Customer is not permitted to grant third parties, in particular competitors of the Contractor, access to the object of performance for the purpose of editing and redesign. Any imitation - even of parts - is not permitted. Any violation of this provision shall entitle the Contractor to demand a contractual penalty in the amount of 100% of the agreed or customary remuneration in addition to the remuneration to be paid anyway.
4.4 If the Contractor commissions third parties with work or purchases rights of use to third-party works (e.g. image licenses) for the purpose of providing the service, the rights of use shall only be transferred to the Customer to the extent that they were also transferred to the Contractor.
4.5 The Contractor shall not transfer any source code to the Customer. If the transfer of the source code is contractually agreed, the Customer shall only be granted a right of use in this respect in accordance with section 4.2. In case of doubt, a processing right granted in an individual case shall not extend to the right to carry out source code analyses or the processing of the source code.
4.6 The rights of use shall not pass to the Customer until the remuneration has been paid in full.
4.7 The Contractor shall be named as the author on the reproduction pieces or in publications in media of all kinds (e.g. in the imprint), unless the Contractor expressly waives this in writing. An infringement entitles the Contractor to demand a contractual penalty in the amount of 100% of the agreed or respective usual remuneration in addition to the remuneration to be paid anyway.
4.8 The Customer shall transfer to the Contractor all rights of use to the data supplied by the Customer (text, still and moving images, sounds, illustrations, drawings, graphics, 3D data, etc.) required for the provision ofthe agreed services.
4.9 The Customer warrants that it holds the rights of use to the materials provided by it that are required for the creation of the object of performance and that the contract does not infringe any copyrights, rights of use or other rights of third parties. In particular, he assures that the rights to be transferred to the Contractor within the scope of this Agreement are a) have not been transferred to third parties or encumbered with third party rights; b) third parties have not been commissioned to exercise them; c) no other contractual/legal obligations exist at the time of conclusion of the contract which could impede the services to be provided by the Contractor.
4.10 Contributions or other cooperation from the sphere of the Customer shall not establish any copyrights of the Customer to the object of performance.
4.11 The Contractor shall not grant the Customer any rights of use to works capable of being copyrighted (e.g. drafts, concepts, exposés, models) which have been rejected by the Customer.

5.1 The Customer shall be obligated to accept the services rendered by the Contractor within three days after the Contractor has given notice of completion in text form. If no declaration of acceptance is made within this period, acceptance shall be deemed to have taken place. Acceptance declared by conclusive conduct, e.g. by use as intended, shall be deemed equivalent to the express declaration of acceptance. This shall also apply to partial performances.
5.2 Insignificant defects shall not entitle the Customer to refuse acceptance. An insignificant defect shall be deemed to exist if the function and usability of the object of performance is only insignificantly or not at all restricted according to the purpose of the contract.
5.3 If the Contractor has commissioned subcontractors to provide partial services, the Contractor shall notify the Customer of the notification of completion and handover of the object of performance by the subcontractor. After handover of the object of performance rendered by the subcontractor to the Customer, Clause 5.1 shall apply accordingly to the acceptance.

6.1 Subject to other contractual agreements, a correction level is in principle part of the service. Accordingly, the Customer shall have the right, after receipt of the planning and design documents, to notify the Contractor in text form of the extent to which corrections are desired. In the event of a request for corrections, the Contractor shall revise the work result (planning and design documents) once without separate remuneration, unless there is a request for changes that deviates from the original object of performance (Section 3.3). After completion of the correction level, the performance shall be accepted in accordance with the procedure specified in Clause 5.1. If the Customer does not notify any desired corrections within one week, the right to make use of the correction level shall lapse.
6.2 In a correction level, only corrections may be requested which do not constitute a request for change pursuant to Section 3.3, i.e. which do not place any contractually agreed requirements on the object of performance. Typical corrections are color, text and image corrections that do not cause any fundamental changes to the subject matter of the service in terms of design, functionality or the like.
6.3 Further revisions are generally not included in the scope of services. Such can only become part of a new agreement and shall be remunerated separately. 6.4 In case that several correction levels have been contractually agreed, the procedure shall apply accordingly.

7.1 Delivery of the subject matter of the contract shall be made to the best of our knowledge and belief. The costs of delivery shall be borne by the customer. The goods shall be packaged in a manner customary in the industry. Packaging material shall only be taken back and reimbursed in accordance with a separate written agreement. The Contractor shall be entitled to partial performance, provided that this is reasonable for the Customer.
7.2 The Customer shall not be entitled to claim damages for damage which is beyond the Contractor's control or which is caused by events of force majeure. In case of delivery of goods or objects to a place outside the business premises of the Contractor, the risk of accidental loss or deterioration shall pass to the Customer as soon as the object of delivery has been handed over to the commissioned carrier or the commissioned employee.
7.3 Separate insurance for damage due to transport, transport losses or breakage of the goods shall only be taken out upon the Customer's express and written request and at the Customer's expense. Notifications of damage shall be made to the Contractor immediately upon delivery of the goods and notified without delay, i.e. within three days, according to type and scope.
7.4 If dates not expressly stated in the contract have been designated as binding (fixed date), stated performance times shall generally be non-binding. The Contractor shall not be responsible for delays in performance due to circumstances within the Customer's sphere of responsibility (e.g. failure to provide cooperation services on time), force majeure (e.g. strike, lockout, general telecommunications disruptions), delays on the part of subcontractors, delays in performance of third-party services and interventions by third parties in the performance. They entitle the Contractor to postpone the provision of the relevant services for the duration of the hindrance plus a reasonable start-up period. The Contractor shall notify the Customer without delay of delays in performance due to force majeure, delays on the part of subcontractors, delays in performance of third-party services and interventions by third parties. If performance/delivery deadlines cannot be met for these reasons, this shall not constitute a delay. The Customer shall not be entitled to any compensation for damages which are beyond the Contractor's sphere of influence or which are caused by events of force majeure.
7.5 In case of a delay in performance/delivery, the Customer shall only be entitled to exercise the rights to which it is entitled by law after setting a reasonable grace period of at least two weeks. Fixed dates shall be deemed to have been met if the goods are dispatched or handed over to the person responsible for transport in good time.
The delivery shall also be deemed to have been fulfilled if the goods are ready for dispatch and this has been notified to the customer.

8.1 The Contractor shall be entitled to render agreed services itself and to commission subcontractors, e.g. copywriters, photographers, craftsmen and other service providers, in whole or in part.
8.2 If, in case of the commissioning of subcontractors, services of the Contractor cannot be rendered or are not expected to be rendered on time through no fault of the Contractor or through the temporary or permanent prevention of a commissioned subcontractor (e.g. illness), the Contractor shall inform the Customer of this. In this case, the Customer and the Contractor shall be obliged to renegotiate agreed deadlines taking into account the factual situation and to reach a result that is reasonable for both parties. There shall be no claim for damages due to the delay.

9.1 If the Customer commissions the Contractor to perform or supervise services which are not contractually owed (third-party services), such as production orders to third parties, acquisition of third-party rights (e.g. image rights, sound rights, etc.), these services shall only be brokered by the Contractor to the Customer. The costs for these services shall be borne by the Customer. The Contractor shall provide the Customer with a cost estimate for approval prior to the procurement of third-party services. The Contractor shall be entitled to place the order in the name and for the account of the Customer or in the name of the Customer and for the account of the Contractor for onward invoicing to the Customer after corresponding written release by the Customer. The Customer shall grant the Contractor the necessary authorizations in writing and shall release the Contractor from all liabilities in the internal relationship.
9.2 If the Customer orders the supervision of the external services, the Contractor may make the necessary decisions at its own discretion and give appropriate instructions.
9.3 The Contractor shall not assume any warranty for the amount of the remuneration of the cost estimate or the freedom from material defects and defects of title of the third-party services. The Customer shall obtain the rights of use to the third-party services from the third party. The Customer hereby grants the Contractor the rights of use to the third-party services required for the performance of the contract.

10.1 The contracting parties shall appoint contact persons for each other, who shall coordinate all questions concerning the execution of the contract in a binding manner and who shall be provided with the corresponding powers of attorney.
10.2 The Customer shall place further orders with other service providers in connection with the respective service only in agreement with the Contractor.
10.3 The Customer is required to cooperate in the sense of a trustful cooperation. In particular, it shall provide the information and documentation, materials, data, prototypes as well as hardware and software required for performance in a timely manner. The same applies to the personnel required for the fulfillment of the contract. Texts, images, graphics and other materials to be included shall be handed over in a common, directly usable, digital format.
10.4 Any additional expenses resulting from the Customer's failure to comply with its obligations to cooperate shall be borne by the Customer and may be invoiced separately by the Contractor.

11.1 All prices quoted are in euros. If there is a period of more than four months between acceptance of the order and the date of performance/delivery, the Contractor reserves the right to make a price change or cost adjustment that is reasonable in this respect due to increases in wages and costs in the meantime. In the event of price increases which significantly exceed the regular increase in the cost of living, the Customer shall have a right of rescission which must be exercised within a preclusive period of two weeks after notification of the price adjustment.
11.2 The Contractor shall be entitled to demand immediately due advance payments in the amount of the respective gross order value of the external service from an anticipated cost of EUR 1,000.00 for external services. 11.3 Acceptance of a partial service shall constitute the due date for payment of the remuneration due for the accepted part.

12.1 The agreed remuneration shall be due for payment without deduction ten days after the invoice date. If the Customer is in default of payment, the Contractor shall be entitled to charge interest from the due date at a rate of 9 percentage points above the respective base interest rate as well as to demand payment of a lump sum for damages in the amount of EUR 50. The right to claim further damage caused by default shall remain unaffected.
12.2 The Contractor shall be entitled at any time to demand advance payments in an appropriate amount, as a rule 60% of the agreed remuneration. This shall apply in particular in the case of material purchases and the commissioning of subcontractors and external services. The customer will be issued a separate invoice for the advance payment. The advance payment shall be paid within 10 days of the invoice date and shall be credited against the final invoice.
12.3 Costs of consumables, travel expenses and out-of-pocket expenses shall be invoiced separately and on a time and material basis.
12.4 Any GEMA fees incurred shall be borne by the customer and applied for.
12.5 Proposals, instructions and other cooperation by the customer or its employees and agents shall have no influence on the amount of remuneration. 12.6 The Customer is informed that when placing an order in the artistic, conceptual and advertising consulting area with a non-legal person, the Customer is legally obligated to pay an artists' social security levy to the artists' social security fund. This levy may not be deducted by the customer from the contractor's invoice. The customer is responsible and liable for compliance with the obligation to register and pay the levy.

Offsetting with disputed or not legally established counterclaims or the assertion of rights of retention, also from assigned rights, is excluded for the customer.

The customer has the right to cancel the order within two weeks after conclusion of the contract. In this case, the Contractor is entitled to demand 20% of the agreed remuneration, insofar as the implementation of the order has not yet begun. Otherwise, the service rendered shall be invoiced according to the expenditure incurred up to the time of cancellation. Third-party services that cannot be cancelled shall be reimbursed in full. The right to cancel for good cause remains unaffected. If the important reason lies in the person of the customer, the above billing standard shall apply accordingly. If the important reason lies in the person of the Contractor, the termination shall only be effective if the Contractor has been requested in writing to remedy the important reason within a reasonable period of time and this period of time has expired fruitlessly.

In the event that the advance payment is not made in due time, the Contractor shall be entitled to withdraw from the contract. Furthermore, the Contractor is entitled to withdraw from the contract if there is an objectively justified reason, in particular in case of force majeure or other circumstances for which the Contractor is not responsible and which make the fulfillment of the contract impossible.

16.1 The Contractor warrants to the Customer that the subject matter of the performance corresponds to the agreed quality and functionality. The Contractor and the Customer agree that a completely faultless performance is not possible and not necessary and that the Contractor's artistic freedom of design must be preserved. Accordingly, it shall not constitute a defect if artistic design elements deviate from the Customer's ideas, provided and to the extent that the Customer's basic performance requirements have been implemented in the quality and grade customary in the industry. A further warranty or guarantee in the sense of § 276 para. 1 BGB is not agreed. The reference to DIN standards, EN standards or other technical standards shall in principle only include the more detailed description of the goods and shall not constitute an agreed quality within the meaning of § 434 para. 1 sentence 1 BGB or a guarantee within the meaning of § 276 para. 1 BGB.
16.2 The warranty period shall be one year from acceptance of the object of performance. This shall not apply to claims for damages due to injury to life, limb and health as well as claims for damages based on intentional or grossly negligent acts of the Contractor and its subcontractors.
16.3 All services of the Contractor (including preliminary drafts, sketches, concepts, manuals and the like) shall be inspected upon delivery. Any defects shall be reported immediately, otherwise the goods shall be deemed to have been approved in accordance with the contract. In the event of demonstrable defects, the Contractor may, at its discretion, provide subsequent performance in the form of rectification of the defect or subsequent delivery. No liability shall be assumed for improper storage and handling, natural wear and tear as well as strong heating or humidity at the customer's premises.
16.4 If the Customer independently makes changes to the object of performance or has such changes made by third parties, in particular changes to the concept/product/source code, or if the Customer uses hardware and software not approved by the Contractor in connection with the object of performance, the right to warranty shall lapse unless the Customer proves that the defect is not due to the actions described.
16.5 The Contractor shall not assume any warranty for products and other parts of third parties purchased by the Contractor within the scope ofthe order confirmation and merely delivered or forwarded directly to the Customer. Insofar as the Products are covered by the manufacturer's warranty or other warranty and/or guarantee of the seller of the Product, the Contractor shall assign to the Customer its rights under the warranty or guarantee to which it is entitled in this respect. However, the Contractor shall, to the extent possible, assist the Customer in asserting the respective defect rights of the Product against the seller and/or manufacturer and coordinate the process.

17.1 The Contractor shall retain title to the delivered goods until all claims arising from the entire business relationship have been paid in full; this shall also apply to all future deliveries. The Contractor shall be entitled to take back the goods if the Customer acts in breach of contract.
17.2 The customer is obliged to treat the goods with care as long as ownership has not yet passed to him. In particular, he shall be obliged to sufficiently insure them at his own expense against theft, fire and water damage at replacement value. If maintenance and inspection work has to be carried out, the customer shall carry this out in good time at his own expense. As long as ownership has not yet been transferred, the Customer shall immediately notify the Contractor in text form if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse the Contractor for the court and out-ofcourt costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the Customer shall be liable for the loss incurred by us.
17.3 The Customer shall not be entitled to resell the Retained Goods until payment has been made in full in accordance with Section 17.1.
17.4 The processing or transformation of the goods by the Customer shall always be in the name and on behalf of the Contractor. In this case, the Customer's expectant right to the goods shall continue in the transformed item. If the goods are processed with other items not belonging to the Contractor, the Contractor shall acquire coownership of the new item in the ratio of the objective value of the purchased item to the other processed items at the time of processing. The same shall apply in the event of combination, mixing or blending. If the combination, mixing or blending is carried out in such a way that the Customer's item is to be regarded as the main item, it shall be deemed agreed that the Customer transfers co-ownership to the Contractor on a pro rata basis and shall keep the sole ownership or co-ownership thus created in safe custody for the Contractor free of charge. In order to secure the claims against the Customer, the Customer shall also assign to the Contractor such claims against a third party which accrue to the Customer as a result of the combination, mixing or blending of the reserved goods with a property; the Contractor hereby accepts this assignment.
17.5 The Contractor undertakes to release the securities to which it is entitled at the Customer's request insofar as their value exceeds the claims to be secured by more than 20%.

18.1 The liability of the Contractor for damages towards the Customer, also for damages which did not occur to the delivery item itself, is excluded, unless the damage was caused by gross negligence or intent. This limitation of liability shall also apply to the Contractor's vicarious agents and assistants as well as their executive employees and legal representatives. The exclusion of liability shall not apply to claims for damages resulting from injury to life, body or health of persons as well as in case of breach of essential cardinal obligations, i.e. contractual obligations the fulfillment of which enables the proper performance of the contract in the first place and the observance of which the contractual partner regularly relies on and may rely on - i.e. the essential contractual principal obligations. In the event of a breach of essential cardinal obligations, however, liability shall be limited to the typically foreseeable damage. No liability is assumed for damages caused by third parties. The Product Liability Act shall remain unaffected by this provision insofar as it is applicable. However, the Customer shall be obliged to indemnify the Contractor accordingly in the event of a claim by third parties.
18.2 The Contractor shall neither be liable for the accepted contents of the performance, the novelty, the feasibility or the economic usability nor for the infringement of any third party rights in connection with the production and exploitation (patent rights, trademark rights, name rights, copyrights, data protection rights, personal rights, rights to one's own image, etc.), nor for the infringement of existing laws, as well as generally applicable legal standards. The corresponding examination is the sole responsibility of the Customer, who must indemnify the Contractor in the event of a claim by a third party. The Contractor is also not liable for the accuracy of factual statements about products and services of the Customer.
18.3 The Customer warrants that the objects of performance made available to the Contractor are free of property rights or other rights of third parties which could restrict or exclude the performance of the contract.

The Contractor shall have the right to be named in a suitable form as the author/service provider on the duplicated items or in publications (e.g. imprint of the website). The Contractor shall be entitled to use samples and all work produced in fulfillment of the contract for the purpose of self-advertising in all media and otherwise to refer to its activities for the Customer. The Contractor shall be entitled to use the Customer's logo for reference purposes on its website and in its own documents for the aforementioned advertising purposes.

20.1 Both parties undertake to keep confidential any Confidential Information concerning the other party and to use it only for the execution of this Agreement and the purpose pursued thereby. "Confidential Information" shall mean all information and documents concerning business transactions of the other party concerned that come to the knowledge of the respective other party, in particular print documents, layouts, storyboards, numerical material, drawings, audio tapes, pictures, videos, DVDs, CD-ROMs, interactive products and such other data containing films and/or audio plays and/or other copyrighted materials of the Customer or companies affiliated with the Customer. Both parties undertake to impose the obligation of confidentiality on all employees and third parties who have access to the aforementioned business transactions. The confidentiality shall also apply beyond the termination of the contractual relationship.
20.2 The duty of confidentiality pursuant to para. 1 shall not apply to information a) which was already known to the respective other party at the time of the conclusion of the contract, b) which was already published at the time of disclosure by the Contractor without this resulting from a breach of confidentiality by the respective other party, c) which the respective other party has expressly released for disclosure in writing, d) which the respective other party has lawfully obtained from other sources without any restriction relating to confidentiality, provided that the disclosure and utilization of such Confidential Information does not violate any contractual agreements or any statutory provisions or official orders, e) which the respective other party has developed itself without having access to the Customer's Confidential Information, f. ) which must be disclosed due to statutory obligations to provide information, notification and/or publication or official orders. To the extent permissible, the party obligated to do so shall inform the respective other party thereof as early as possible and support it to the best of its ability in taking action against the obligation to disclose.
20.3 If confidential information is disclosed to the Customer by third parties, the Customer shall notify the Contractor thereof in writing without undue delay.

21.1 The Customer shall indemnify the Contractor against any obligation to store the Services provided after handover. This shall also apply to data carriers, templates and other material provided which are not reclaimed by the Customer within one month after the performance of the service.
21.2 The Customer shall bear the risk for the backup of information, prototypes, data and objects which are transferred from the Customer to the Contractor or from the Contractor to the Customer - in whatever form - during the execution of the order.
21.3 If Works are shipped to a place other than the place of performance at the Customer's request, the risk of accidental loss or accidental deterioration shall pass to the Customer upon handover to the carrier, deliverer or messenger.
21.4 Insofar as costs are incurred for packaging and shipping, these shall be borne by the Customer.

The Contractor shall collect, process and use personal data of the Customers within the scope of the statutory data protection provisions. In particular, the Contractor shall be entitled to process and store data received from the Customer in connection with the business relationship during the term of the contract in compliance with the requirements of the applicable data protection provisions. Specifically, the Customer consents to the Contractor storing and processing the information provided by the Customer regarding the Customer's company data and contact persons as well as corresponding updates communicated by the Customer.

23.1 There are no verbal collateral agreements. Amendments to the contract must be made in text form in order to be effective. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the registered office of the Contractor. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and other international private law.
23.2 The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/. The Provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
23.3 Should any of these provisions be or become invalid, the remainder of the contract shall remain valid. In such a case, the parties shall be obliged to cooperate in the creation of regulations by which a result that comes as close as possible to the invalid provision in economic terms is achieved in a legally effective manner. The same shall apply in the event of the existence of a loophole which is to be supplemented and closed in accordance with the meaning and purpose of the contract.

Status: January 2023
MEDIA INTEGREAT GmbH & Co. KG, Hohnstein