Terms & Conditions
All services and deliveries rendered by partnership for development GmbH are subject to these Terms and Conditions. Differing agreements, in particular contradictory terms and conditions of business require our explicit confirmation in writing.
1. Offer and Order
Services to be rendered by partnership for development GmbH are specified in writing in the relevant offer. Costs and charges are shown in the offer in a differentiated and activity-related breakdown. All offers are subject to change. Prices and cost estimates are based on information up-to-date at the time of the offer. Subject to change.
The order becomes valid when a client submits the respective order confirmation. The client places the relevant order in writing, on the basis of an offer submitted by partnership for development GmbH. The services to be provided by us are always agreed upon on the basis of an extensive and systematic briefing by the client.
2. Provision of Services
partnership for development GmbH are entitled to have their obligations to the client fulfilled by third parties. When partnership for development GmbH place orders with third parties, these third parties cannot be regarded as their vicarious agents. A liability for the work results of third parties is excluded.
partnership for development GmbH assure that any person they assign for the implementation of projects has the required qualifications and suitability for the services to be carried out by them.
partnership for development GmbH are not liable for delays and other disruptions in service delivery that are caused by the client or that are within his sphere of influence.
3. Cooperation of the Client
The Client undertakes to provide partnership for development GmbH with the information, documents and resources/tools, agreed upon and necessary for the implementation of the order in a timely manner.
4. Payment TermsPartnership for development GmbH invoice services rendered separately, each after their delivery. The fees are calculated based on the actually incurred expenditure. In consultation with the customer, additional services may be invoiced, such as the use of technical staff, provision of media and devices, compiling of minutes and documentation.
The invoice will be issued at the end of the month for the services rendered up to that point. The client commits to settle each individual invoice within four calendar weeks after receipt of invoice. Any rights of set-off and rights of retention with regard to payment claims due are excluded.
Partnership for development GmbH invoice their services in accordance with the conditions applicable at the time of order placement, if no special arrangements have been made. All prices are exclusive of VAT, unless it is not already openly indicated in the agreed price.
5. Service failure and Cancellation
In case an appointment/a deadline for the delivery of services by partnership for development GmbH cannot be met due to force majeure, illness, accident or other circumstances for which partnership for development GmbH are not responsible, partnership for development GmbH are entitled, under the exclusion of any liability for damages, to deliver the services at a new date to be agreed.
If the client does not keep an appointment (meeting, training, etc.) agreed upon with partnership for development GmbH, an alternative date will be agreed for the implementation of the planned activity as necessary. The agreed fees shall be charged to the client, if the cancellation is made by the client for reasons for which partnership for development GmbH are not responsible.
- up to 60 days before the scheduled date: no fees
- 60 to 30 days before the scheduled date: 25% of the fees
- 30 to 10 days before the scheduled date: 50% of the fees
- less than 10 days before the scheduled date: 100% of the fees
6. Approval and VerificationPartnership for development GmbH engage to always obtain approval by the client or his authorized representative prior to the creation of media. For this process, the drafts are to be signed by the client or his authorized representative at a designated space.
The client shall assume the obligation to verify the legal admissibility in words and images of all services proposed and designed by partnership for development GmbH. A guarantee for protectability and absence of risk under competition law is excluded.
7. Insurance and StorageIn terms of the client's property, in particular manuscripts, originals, camera-ready artwork, source media, etc., partnership for development GmbH assume no liability during transport and storage, unless partnership for development GmbH acted in gross negligence.
8. Property rightsThe expertise introduced as part of service delivery by partnership for development GmbH is protected by international copyright laws. The client acquires the right to use the expertise introduced as part of the contract (e.g. in the form of instruments, systems, forms, checklists) for internal purposes. The copyright protection in relation to third parties shall not be affected by this situation. Any disclosure of the expertise introduced as part of the contract (media, concepts, etc.) to third parties without prior written agreement is excluded.
In as far as usage rights arise, in particular copyright in company-specific documents created in the course of fulfilling the order, partnership for development GmbH transfers these to the client for his exclusive use. The payment of the compensation also covers any occurring claims regarding the exploitation of work results after the termination of cooperation.
Partnership for development GmbH are entitled to a free copy of all documents created in the context of service provision. We are entitled to use this as a reference for self-promotion. In no case will direct competitors of the client be allowed to have access to the documents. Partnership for development GmbH have the unrestricted right to publicize the service in journals or at conferences, unless it concerns facts and circumstances from the 'Confidentiality' section.
Partnership for development GmbH are entitled to offer their general services also to competitors of the client, unless otherwise agreed. Exclusion of competition shall apply in the sense that identical project drafts shall not be provided to any company operating in exactly the same sector, when their main sales area coincides with that of the client.
9. ConfidentialityPartnership for development GmbH undertake to maintain complete confidentiality towards third parties concerning any business secrets entrusted to us, made available, or which otherwise became known during the period of cooperation and after its termination for an unlimited period of time, and not to make use of such business secrets ourselves.
The term business secret includes all in-house knowledge, processes and information that are only available to a limited group of people, and which, according to the client's wishes are not supposed to be disclosed to the public. This also applies for business secrets of the client's customers.
10. General ProvisionsOnly these general terms and conditions are applicable. Any further agreements must be made in writing. The law of the Federal Republic of Germany shall apply.
The place of jurisdiction for all disputes is the business location of partnership for development GmbH.