General Terms and Conditions
for services of the company Innotale Productions UG
Status: 2022
1. Scope of application
The following general terms and conditions apply to all legal transactions of the company Innotale Productions UG – hereinafter referred to as service provider – with its contractual partner – hereinafter referred to as client. Insofar as individual contractual provisions exist which deviate from or contradict the provisions of these General Terms and Conditions, the individual contractual provisions shall take precedence.
2 Subject matter of the contract
2.1 The contracting parties agree to work together in accordance with the specific, individual contractual agreement. An employment contract is not intended by the parties and is not established.
2.2 The service provider shall be responsible for social security contributions or tax matters and shall indemnify the client against any obligations.
2.3 The service provider is also free to work for other clients.
3 Conclusion of the contract
3.1 The contractual relationship for the services is established by the client placing a customer order (offer) and its acceptance by the service provider. The client is bound to the client order (offer) for a fortnight.
3.2 The subject matter of the contract or the exact task description is described in the written order.
4 Duration and termination of the contract
4.1 The contract begins and ends on the individually agreed date.
4.2 The contract may be terminated with due notice. In this respect, a period of notice of weeks to the end of the month is agreed.
4.3 Termination without notice for good cause is possible. An important reason exists, for example, if the client is in arrears with two consecutive payments due and fails to make payment after expiry of a reasonable period of grace the client suffers a financial collapse after the conclusion of the contract (insolvency, insolvency), unless an application for the opening of insolvency proceedings has already been filed.
5 Scope of services, obligations of the contracting parties
5.1 The services to be provided by the service provider generally comprise the tasks listed in detail, in accordance with the order placed by the client.
5.2 The service provider shall periodically inform the client of the results of its activities. The contracting parties may agree in the contract on a schedule for the provision of services and a planned end date for the completion of services.
5.3 If the service provider is actually unable to perform an assignment as owed under the contract, it shall inform the client thereof without delay.
5.4 The service provider shall provide the equipment and personnel required for the performance of the service, unless the client has the appropriate equipment or premises, unless otherwise agreed in the individual contract. The parties shall endeavour to support the contractual partner in the performance of the respective obligation to the best of their knowledge and belief by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties.
5.5 Either party may request changes to the agreed scope of services from the other party in writing. Upon receipt of a change request, the Recipient shall examine whether and on what terms the change is feasible and shall notify the Applicant of its approval or rejection in text form without delay and, if necessary, give reasons. If a change request of the Principal requires an extensive review, the review effort for this may be charged by the Service Provider upon prior notice if the Principal nevertheless insists on the review of the change request. If necessary, the contractual adjustments to the agreed conditions and services required for a review and/or an amendment shall be set out in writing in an amendment agreement and shall come into effect in accordance with these General Terms and Conditions.
6. Prices and terms of payment
6.1 Services shall be due and invoiced at the fixed price set out in the individual contract on a monthly basis upon completion or if remuneration is agreed on a time and materials basis, unless a different invoicing method is agreed in the contract.
6.2 Estimated prices for services on a time and material basis, in particular in cost estimates, are non-binding. The quantity estimates on which an estimate is based are based on an assessment of the scope of services carried out to the best of our knowledge.
6.3 VAT shall be invoiced at the VAT rate applicable at the time of performance.
6.4 Invoices are payable on receipt without deduction. If the invoice amount is not received within 30 days of the invoice date, the service provider is entitled to claim default interest.
7 Liability
7.1 The service provider is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees is independent of fault. In the case of slight negligence, the service provider is only liable in accordance with the provisions of the Product Liability Act, for injury to life, limb or health or for breach of material contractual obligations. However, the claim for damages for the slightly negligent breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, limb or health. The service provider shall be liable to the same extent for the fault of vicarious agents and representatives.
7.2 The provision of the preceding paragraph (7.1) extends to damages in addition to performance, damages in lieu of performance and claims for compensation for futile expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
8. Place of jurisdiction
The business relationship between the parties shall be governed exclusively by German law. If the client has no general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.