Our Guidelines
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01. Commissioning
We can be commissioned for one-off or project-based tasks.
We submit an offer to our business partners, hereinafter referred to as partners, which they can accept in writing; our offers are non-binding beforehand.
Alternatively, we accept orders from our partners by means of a textual declaration or by commencing our activities. By commencing our activities, we accept the (partial) order that we have started to execute.
If adjustments become necessary during the course of our work, we shall mutually agree on the necessary changes within reasonable limits and submit corresponding supplementary offers to our partners.
02. Contents
We are brand consultants and therefore service providers. If we promise our partners a certain outcome in individual cases, we assure them that we will keep this promise on time and as agreed.
If we recognize that it is not possible to provide the service on time or as agreed, we will contact the partner immediately and inform them of the reason for and duration of the delay.
03. Cooperation
Our services are based on a dynamic process that requires ongoing coordination with our partners. We present ideas and (interim) results as early as sensible and possible. Deviating ideas and change requests must be expressed immediately by our partners so that we can meet deadlines and budgets.
The appointment of persons responsible for the project by our partners is crucial for this. For our part, we always designate clearly responsible persons.
We are entitled to make our activities dependent on advance payments or the settlement of outstanding invoices.
04. Appointments
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Appointments are a matter of course, but if an appointment is so important that the service to be provided by us would be worthless in the event of a delay (fixed-date transaction), our partners must inform us of this before placing the order. We shall only agree such a fixed-date transaction expressly and in writing.
05. Remuneration
Our quotations and prices are always net amounts. If the legal requirements are met, value added tax will be added. Unless otherwise agreed in individual cases, our remuneration is due upon performance of the respective individual service and invoicing.
Necessary travel expenses (means of transportation, accommodation and expenses) are to be reimbursed separately, but we always agree on traveling with our partners before the start of the trip.
06. External Services
We shall only have services promised by us performed by third parties (subcontractors) with the prior consent of our partners.
If our partners require services that we have not undertaken to provide ourselves (third-party services), we shall provide support in the selection of suitable third parties.
The commissioning of third-party services in our own name and for our account shall only take place if we have given our prior written consent. In this case, our partners shall indemnify us internally against all claims for remuneration and other obligations.
07. Rights of Use
We transfer the rights of use associated with our work results to our partners within the scope of the agreed purpose of the assignment upon payment of remuneration. The scope of the rights of use in terms of time and content as well as the type of use granted in each case shall result from the purpose of our assignment, unless expressly agreed otherwise.
Our partners may modify our work results within this framework and publish or utilize them in an edited form. We shall only object to any editing or use if our moral rights are not only insignificantly impaired or if such impairment is imminent. The transfer of rights of use to third parties or sublicensing to third parties may also take place within this framework.
We cannot guarantee that our work results are eligible for intellectual property rights.
Our partners shall ensure that we may dispose of the items and rights provided or made available to us without infringing the rights of third parties. Within the scope of the agreed purpose of our assignment, we shall check whether our work results intended for publication can be used as planned.
If we recognize that rights of use to third-party services are desirable or necessary, we shall inform our partners of this and, if necessary, support them in acquiring them.
If our partners do not implement our designs, the rights of use shall remain with us.
08. Planning Services
We are brand consultants and only take on the strategic, conceptual and creative part. Planning services such as technical planning and implementation must be entrusted to appropriate specialists; we cannot assume responsibility for this.
09. Liability
If we violate our obligations towards our partners, we assume responsibility for this. In this respect, we maintain public liability insurance with a sum insured of EUR 10,000,000.00 per insured event for personal injury and property damage and a maximum annual benefit of EUR 20,000,000.00, as well as financial loss liability insurance with a sum insured of EUR 2,000,000.00 per insured event and a maximum annual benefit of EUR 5,000,000.00.
We are liable to our partners insofar as damages are typically associated with our commissioning and are foreseeable. Insofar as the risk typical of the assignment is covered by one of the aforementioned insurances, we limit our liability to the benefit of the insurance. Should the insurer be exempt from compensation, we shall provide our own compensation up to the amount of insurance cover.
We shall be liable without limitation for damage to life, body and health, for all cases of gross negligence, intentional or fraudulent action and for the breach of obligations, compliance with which is of particular importance for the achievement of the purpose of our assignment.
Beyond this, we, our legal representatives and our vicarious agents shall not be liable.
If our assignment involves special risks to life, limb and health or the risk of particularly high financial losses, it is the duty of our partners to inform us of this before placing the order so that we can take appropriate precautions or take this into account when accepting the order.
We shall not be liable for damage caused by the infringement of third-party rights if our partners use work results beyond the agreed purpose or in a modified form and the infringement is based on the other use or the modification. The same applies if the rights of third parties are infringed by the use of materials, rights etc. provided to us by our partners.
Our partners themselves are responsible for the advertisability of their products and services and the admissibility of their factual statements in this regard.
10. Self-promotion
We are entitled to refer to the services provided for our partners (name, company, type and scope of the order, performance results, quotes) and to name them as reference customers in our self-promotion.
After consultation with our partners, we may attend events in whose conception or implementation we have participated and make recordings of them and also use them for our own advertising.
11. Further Rules
We exclude any conflicting terms with these Guidelines. Only German law applies to our relationships with our partners. In case of doubt, the German version of these Guidelines (https://www.martinetkarczinski.de/de/leitlinien) takes precedence over the English version.