The Funntastic team is looking forward to working with you! And we promise: We will do everything we can to ensure the success of your project and always make sure that you are satisfied with us and the result at the end of our work. We will communicate openly and in a spirit of partnership and work in a solution- and customer-oriented manner. In order to enable long-term cooperation, certain framework conditions should be specified, which is what this framework agreement is for.
1. scope of application
In order to avoid ambiguity, these provisions and any additional individual contracts agreed between us constitute the exclusive provisions of our cooperation. Other conflicting, deviating or supplementary regulations on your part shall not become part of the contract unless they have been recognized by us in writing. Amendments and supplements to this contract must be made in writing, whereby electronic form is sufficient. This also applies to any waiver of the written form requirement. Verbal collateral agreements are not made.
2. Services of the agency
As your central point of contact, we take care of all aspects of your online communication. This includes: Consulting, strategy, conception, design, online marketing, editing as well as technical solutions (software).
The specific service obligations are agreed separately between you and us, including this agreement (individual order). The individual order is based on tender documents, briefings and the offers, cost estimates or detailed calculations accepted by you.
Unless expressly commissioned, our work does not include the legal review of the proposed measures. Legal reviews of communication measures, in particular with regard to brand, name and design development, are the responsibility of the client. However, we will inform you of any legal risks of which we are aware and, if you wish, commission a legal review on your behalf.
3. Remuneration and invoicing
Invoicing shall be based on the respective offers submitted. Unless expressly agreed in writing, invoicing shall be based on an hourly rate of € 125.00 (daily rate € 1,000.00), plus VAT in each case. Invoices are to be paid net within 14 days. We are entitled to issue interim invoices or advance invoices.
4. travel expenses
No travel costs will be charged for appointments in the Stuttgart area. Outside of Stuttgart (> 50 km), travel expenses will be charged at 50 ct per kilometer and travel time (per person) at half the hourly rate.
5. changes and change requests
Unless otherwise stated, our offers include up to two release runs for your customization requests, which do not include a complete redesign and are limited in terms of the effort involved. Further individual customizations or changes or additions to your requirements (change request) will be charged separately.
6. obligation to cooperate
As an agency, we are also dependent on you for the successful execution of our work. Please ensure that we have all the necessary information, documents, etc. at our disposal and that any queries are answered as promptly and directly as possible. In the event of delays on your part, we are entitled to charge you for any additional expenses incurred; the overall project may also be delayed as a result. We also rely on your feedback after a project has been implemented. Please allow sufficient time to provide us with feedback during and especially at the end of the project.
7. Granting of rights
Unless otherwise agreed, we will be happy to transfer to you the right to use the accepted own services of the respective individual order for the agreed purpose upon full payment of the respective individual order. In addition, in individual cases we grant you the right to extended use for your company for our own services after consultation. Rights of use to drafts and variants of the final service are not transferred. Any further transfer or licensing of the rights to use our services to third parties requires our consent. Our services may not be edited or otherwise redesigned without our express consent. In case of doubt, we can only grant you a simple right of use for the agreed purpose for third-party services (e.g. image rights) with full payment. We can acquire further rights for you if required, provided that these are offered by the respective third party. You are responsible for granting the necessary rights for logos, texts, photos, etc. that you provide to us.
8. Confidentiality
We undertake to keep confidential for an unlimited period of time all information and documents which become accessible to us in connection with the contract/offer and which are designated as confidential or which are clearly recognizable as business or trade secrets of the customer according to other circumstances, and not to record, pass on or exploit them, unless this is necessary to achieve the purpose of the contract. Disclosure to third parties shall only take place under the guarantee of corresponding obligations. A separate confidentiality agreement can be provided on request. You as the customer and your vicarious agents are subject to corresponding obligations with regard to business and trade secrets of us as an agency; this also applies in particular to ideas and concepts brought to our attention during the development phase.
9. data protection
We as the contractor and you as the client shall comply with the statutory provisions on data protection, in particular the provisions of the GDPR and the BDSG-new, and shall oblige employees accordingly. Further regulations will be agreed separately. If personal data is transferred or processed in order to perform the contractual services, a separate order processing agreement (AVV) will be concluded. The contact person for data protection issues at MOSAIQ is the external data protection officer, lawyer York Freiling, FINIENS DATA GmbH, Markgrafenstraße 4, 60487 Frankfurt am Main, phone +49 (0)69 209 758 900, e-mail datenschutz@finiens.eu.
10. liability
The agency shall be liable for the legal admissibility of the planned advertising measures, in particular in accordance with competition, trademark and special advertising law regulations, unless it has informed the customer of any legal concerns of which it is aware.
Our liability or that of our vicarious agents is also excluded for slightly negligent breaches of duty. Excluded from this are, of course, damages due to guarantees, under the Product Liability Act, from injury to life, limb or health. Also excluded are damages arising from the breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you as a customer may regularly rely. In the event of a breach of such contractual obligations, however, our liability shall be limited to foreseeable damage typical of the contract. In the event of a breach of such contractual obligations, the Agency's liability shall be limited to a maximum of 20 percent of the respective order value, unless you provide evidence of higher damages. We shall only be liable for the loss of data up to the amount that would have been incurred to restore it if it had been properly backed up.
Customer claims for damages arising from a breach of material contractual obligations or ancillary obligations of the agency or its vicarious agents shall become time-barred one year after the statutory limitation period begins, provided that they were caused by slight negligence.
11 Retention of title
After handing over the services of the respective individual order to the customer, the agency shall retain ownership of all documents and objects provided until all invoices relating to the individual order have been paid in full.
No ownership rights shall be transferred to the Agency's sketches, drafts and final artwork. Unless otherwise agreed, all originals must be returned to the Agency immediately after completion of the individual order. Data carriers and data, in particular for processing the Agency's services, shall only be made available by the Agency if this has been agreed in writing.
12. self-promotion
Funntastic may use the project and the collaboration with you as a reference to third parties (e.g. in presentations, on the Internet or in press articles, etc.). Of course, no details or internal information will be communicated. Written consent is required for anything that goes beyond simply naming the customer or a brief description of the project.
13th contract term
The contract shall be concluded upon commissioning of the offer(s) by you as the client and acceptance by us as the contractor and shall initially run for an indefinite period. Termination is possible for both parties with a notice period of six months to the end of the month. The right to extraordinary termination for both parties remains unaffected by this.
14 Termination of the contract
We as Funntastic undertake not to use the services designed and published by us again after termination of the contractual relationship, provided that a certain uniqueness and thus recognition are given. An exception to this is the use of the services as part of the agency's own advertising. We also undertake to cooperate and provide support even after a notice of termination has been issued, e.g. when handing over to a successor agency, if necessary for a separate fee. In the event that you, as the client, terminate a project during the ongoing project implementation phase, we reserve the right to charge you in full for the services rendered up to that point, as well as compensation for loss amounting to 15% of the remaining order amount. As the client, you shall indemnify us against any possible third-party claims resulting from the termination.
15. assignment
Offsetting, retention: The parties are not entitled to assign claims arising from this contract or the respective individual orders. Offsetting or the assertion of a right of retention under this contract or the respective individual orders is only permitted with recognized or legally established counterclaims.
16. final provisions
Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the intended economic purpose within the scope of what is legally possible. The same applies in the event of a loophole. Place of performance and jurisdiction is Stuttgart.
Status: 21.11.2023