Terms and Conditions

§ 1. Scope

1.1 The company Discovar.top provides its services exclusively on the basis of the following general terms and conditions. These also apply to all future business relationships, even if no express reference is made to them.

1.2 We do not recognize any regulations that differ from these conditions. All changes and additions as well as ancillary agreements and special agreements of the contract require the written confirmation of the company to be effective. This also applies to any cancellation of this clause.

1.3 The offers are subject to change and non-binding.

§ 2. Services

2.1 The services to be provided result from the customer's order or the information in the contract. Subsequent changes to the service content must be made in writing.

2.2 All company services (in particular drafts, sketches, drawings, concepts, images, databases, files, scripts, etc.) must be checked by the customer and approved within three days, otherwise they are deemed to have been approved by the customer.

2.3 The customer immediately provides the company with all information and documents that are required for the provision of the service.

2.4 The customer informs the company about all processes that are important for the execution of the order, even if the circumstances only become known during the execution of the order. The customer bears the costs incurred because work must be repeated or delayed by the company as a result of his incorrect, incomplete or subsequently changed information.

2.5 In addition, the customer is obliged to check the documents made available for the execution of the order (images, logos, texts, ...) for existing copyrights, trademark rights or other rights of third parties. The company is not liable for any violation of such rights. In the event of damage resulting from this, the customer must compensate for all disadvantages that the company incurs.

§ 3. External services

3.1 The company is entitled at its own discretion to either perform the services itself and / or use the services of third parties.

3.2 The commissioning takes place either in the customer's own name or in the name of the customer, but in any case for the account of the customer. The company will carefully select this third party and ensure that it has the necessary professional qualifications.

3.3 If the company orders necessary or agreed external services, the respective contractors are not agents of the company.

§ 4. Offer

4.1 The basis for the conclusion of the contract is the respective offer from the company. The scope of services and the remuneration are recorded there.

4.2 All of the company's offers are non-binding.

4.3 After the customer has placed an order, he is bound to it after it has been received by the company. The contract is only concluded when the company accepts the order.

4.4 The acceptance takes place in writing by means of an order confirmation.

§ 5. Dates

5.1 Specified delivery or service deadlines are only approximate and non-binding, unless expressly agreed as binding.

5.2 All appointments must be recorded in writing and confirmed.

5.3 Unavoidable or unforeseeable events (e.g. delays for contractors from the company) release the company from adhering to the agreed delivery date. In particular, even if the customer is in default of obligations necessary for the implementation (e.g. provision of documents). If such delays last more than two months, the customer and the agency are entitled to withdraw from the contract.

5.4 The company tries to meet the agreed deadlines. If the deadline is not met, the customer can only withdraw from the contract if he grants the company a reasonable grace period of at least 14 days. This period only begins with the receipt of a reminder letter to the company. Claims for damages by the customer due to non-performance or default are excluded, except in the case of evidence of intent or gross negligence.

§ 6 Early termination

6.1 The company is entitled to terminate the contract with immediate effect for important reasons. An important reason exists if
a) the performance of the service becomes impossible for reasons for which the customer is responsible or is further delayed despite setting a grace period of 14 days
b) the customer continues despite A written warning with a grace period of 14 days against essential obligations from this contract, such as payment of an amount due or obligations to cooperate, violates
c) there are legitimate concerns about the creditworthiness of the customer and the customer neither makes advance payments at the request of the company before the company provides a suitable security
d) bankruptcy or settlement proceedings are opened against the customer's assets or an application for such proceedings is rejected due to a lack of cost-covering assets or if the customer suspends payments

6.2 The customer is entitled to terminate the contract for important reasons without setting a grace period. An important reason exists if the company continues to violate essential provisions of this contract despite a written warning with a grace period of 14 days to remedy the breach of contract.

§ 7. Payment

7.1 The company's invoices are due from the invoice date and must be paid upon receipt of the invoice, unless special payment terms have been agreed in writing in individual cases.

7.2 The goods delivered by the agency remain the property of the agency until the fee has been paid in full, including all ancillary liabilities.

7.3 In the event of late payment, the statutory default interest shall apply in the amount applicable to business transactions. All delivered services and goods remain the property of the company until they have been paid for in full. The customer undertakes to bear all costs and expenses associated with the collection of the claim.

7.4 In the event of default in payment by the customer, the company can make all services and goods due immediately.

§ 8. Ownership and copyright protection

8.1 All services, documents and workpieces from the company remain the property of the company and can be requested back at any time, in particular upon termination of the contractual relationship.

8.2 By paying, the customer only acquires the right of use for the agreed purpose and within the agreed scope of use. Unless otherwise agreed with the company, the customer may only use the company's services himself and only for the duration of the contract. The acquisition of usage and exploitation rights to the company's services always requires full payment of the fees charged by the company.

§ 9. Liability

9.1 the company will carry out the assigned work in compliance with the generally recognized legal principles and inform the customer in good time of any recognizable risks.

9.2 Any liability on the part of the company for claims that are raised against the customer as a result of the advertising measure is expressly excluded; In particular, the company is not liable for legal costs, the customer's own legal fees or the costs of the publication of judgments, as well as for any claims for damages or similar claims by third parties.

9.3 The company is only liable for damage within the framework of the statutory provisions, provided that intent or gross negligence can be proven. Liability for slight negligence is excluded. The injured party has to prove the existence of gross negligence.