Terms and Conditions (GTC)
These are the general terms and conditions (GTC) of sentimeo UG (limited liability), hereinafter referred to as “sentimeo”.
- 1 Scope
(1) The General Terms and Conditions (GTC) are part of all contracts with sentimeo. All offers and services from sentimeo are provided exclusively on the basis of these General Terms and Conditions. Changes or cancellations of these General Terms and Conditions are only valid if they have been confirmed in writing by the user. By placing an order verbally or in writing, the respective contractual partner agrees to the General Terms and Conditions. These General Terms and Conditions also apply if the user carries out the services for the contractual partner despite being aware of conditions that contradict or deviate from these Terms and Conditions.
- 2 Offers, conclusion of contract and subject matter of the contract
(1) All offers, price lists and other advertising documents are subject to change and non-binding. (2) The contract is concluded through the written order confirmation from sentimeo. sentimeo is entitled to reject an order in writing or verbally within 7 working days. Verbal assurances and additional agreements must be in writing to be effective. Obvious calculation or writing errors entitle sentimeo to correct them – even in invoices that have already been created. (3) The subject of the respective contract are the services specified in the respective offer from sentimeo or the specified services of the respective project plan from sentimeo which have been confirmed in writing by sentimeo. (4 ) The client undertakes to provide all data required for the implementation of the order in a timely manner before the order is carried out. The client undertakes to ensure that the transfer of the data does not violate data protection provisions. (5) The client undertakes to immediately communicate changes to all relevant data (address, bank details and access passwords). (6) The client agrees that sentimeo may use the customer project for representation purposes and include it in a reference list for advertising purposes. If the client does not wish this, he can object in writing within 14 days of the initial order being placed.
- 3 Delivery and service deadlines
(1) Agreed delivery and service deadlines are subject to the correct, complete and timely delivery of any subcontractors or upstream suppliers. Delivery difficulties from subcontractors and upstream suppliers lead to an extension of the delivery and service deadlines by the duration of the hindrance. Both sentimeo and the client are entitled to withdraw from the contract if the aforementioned extension of the delivery or service period lasts longer than three months. The client is not entitled to any further claims if the delivery deadline is exceeded. If an agreed delivery and service deadline is not met by sentimeo due to its fault , the client is entitled, but only after a reasonable grace period has been set but has passed without success, with the declaration that after this grace period has expired without success, the customer is entitled to reject the delivery or service to withdraw from the contract. sentimeo is entitled to carry out partial deliveries or partial services at any time.
(2) Disturbances in business operations for which sentimeo is not responsible (e.g. power outage, strike, server failure at the provider) entitle sentimeo to extend the agreed delivery or service deadline by the duration of the disruption. If the delivery or service period exceeds 3 months, Section 3 Paragraph 1 applies accordingly. If the delivery period is exceeded by more than 3 months, the user of the General Terms and Conditions is also entitled to withdraw from the contract. (3) If the client orders changes or additions that are not only minor in scope, the dates and deadlines that correspond to the original ones will be lost Orientate the subject matter of the contract, its validity.
- 4 Electronic training offers & certifications
- 5 Liability and warranty
(1) sentimeo is contractually liable for violations of essential contractual obligations and for injury to life and body, even in cases of slight negligence on the part of its legal representatives and vicarious agents. Otherwise, the liability of sentimeo and the liability of its legal representatives and vicarious agents is limited to intent and gross negligence. Liability arising from tort is completely excluded. In cases of breaches of essential contractual obligations caused by slight negligence, liability is limited to compensation for damage that is typical and foreseeable for the contract. Otherwise, liability is limited to financial losses. Unless claims, in particular claims for damages arising from impossibility, delay and breach of additional contractual obligations, negligence in concluding the contract, tortious acts are not expressly admitted in these conditions, including insofar as such claims are in connection with the client’s warranty rights, they are legally excluded in this respect unless they are based on intent or gross negligence. (2) The client releases the user of the General Terms and Conditions from all third-party claims. Before handing over the data, the client creates appropriate backup copies, which he keeps and immediately retransmits in the event of loss by the user of the General Terms and Conditions. (3) Liability is further excluded for Internet access insofar as these services relate to networks or other Internet service providers . Liability for content information, transmission difficulties, network interruptions, usage restrictions and unlawful access by third parties is also excluded.
(4) By transmitting the data, the client releases sentimeo from any liability relating to the content. National and international copyright, trademark, competition and licensing rights must be observed exclusively by the client. sentimeo points out that the client must register the acoustic design means used (e.g. background music) with GEMA before posting on the Internet. (5) Violations of § 5 paragraph 4 entitle sentimeo to reject the order immediately, excluding any claims for damages . Work that has already been carried out will be invoiced. (6) The client will check all deliveries within one week of handover. The client will report any need for correction within one week.
- 6 Copyright
(1) The order given to the contractor is a copyright contract. The subject of the contract is the creation of the commissioned work and the granting of usage rights to this work. The provisions of the work contract law and the copyright law apply. (2) The contractor’s works (drafts and working drawings) are protected as personal intellectual creations by the copyright law, the regulations of which are also considered agreed if the level of creation required under Section 2 of the Copyright Act is not reached (3) Without the consent of the contractor, his work, including the author’s name, may not be changed either in the original or in reproduction. Any imitation – even of parts of the work – is not permitted. Changes require the written approval of sentimeo.(4) sentimeo grants the customer a simple and non-transferable right of use. The client acquires this right upon full payment of sentimeo’s services.
- 7 Data protection
(1) Both contractual partners will treat confidential information that becomes known to them as part of the contract. Passwords transmitted to sentimeo may only be transmitted to third parties with the written consent of the client and may not be misused. (2) sentimeo stores the customer data in accordance with the GDPR for processing, billing and advertising purposes. You can object to the use of your data for advertising purposes in writing.
- 8 Prices and payment conditions
(1) The prices stated in the offers and order confirmations apply. Previous prices no longer apply. All prices are in euros and plus the applicable statutory VAT if they are not shown as final prices. (2) All invoices are payable immediately and are due within 14 days. All services remain the property of sentimeo until full payment has been made. (3) If the client is in default with payment, he must expect default interest of 8% above the base interest rate. Interest on arrears will accrue if the payment deadline is exceeded, even without a reminder.
(4) sentimeo is entitled to charge an advance payment of 50% of the total order value for ordered services, unless otherwise agreed in the order. In addition, sentimeo can issue partial invoices at any time.
- 9 Place of performance and place of jurisdiction
(1) The place of performance for all deliveries and services is Essen. The place of jurisdiction for all legal disputes arising from the contract is Essen.
- 10 Severability clause
(1) If provisions of these General Terms and Conditions are or become invalid in whole or in part, this will not affect the validity of the remaining provisions. If these General Terms and Conditions contain a loophole, the same applies. (2) Instead of the invalid provisions or to fill the loophole, an appropriate regulation should apply that would correspond to the will of the contracting parties as well as the meaning and purpose of the contract, provided that the contracting parties adhere to this point Conclusion of the contract would have been observed. (3) Otherwise, the statutory provisions apply.
sentimeo UG (limited liability) – Competence in Social Media, Am Gerichtshaus 52, 45257 Essen, Germany, www.sentimeo.com
As of March 30, 2020