General Terms and Conditions (GTC) of Schach zu Dritt | Gesellschaft für Kommunikation mbH for Use with Entrepreneurs

§ 1 Conclusion of Contract

1. These terms and conditions apply exclusively to contracts with Schach zu Dritt | Gesellschaft für Kommunikation mbH (hereinafter: schachzudritt). Other conditions of the contracting party do not become part of the contract, even if schachzudritt does not expressly contradict them.
2. These GTC do not apply to consumers within the meaning of § 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

§ 2 Scope of Services, Prices, and Payments

1. Schachzudritt is entitled to demand an advance payment of up to half of the total contract value for services.

2. If the contracting party is in default of payment of an invoice, schachzudritt is entitled to charge a flat fee of €5.00 per reminder letter.

§ 3 Special Provisions for Schachzudritt Customers

a) Deadlines, Periods, and Performance Obstacles

1. Agreements on delivery dates or deadlines must be in text form.

2. The delivery time is extended accordingly if:

a) the customer does not fulfill possible cooperation obligations and/or

b) there are problems with third-party work unless schachzudritt is responsible for them according to § 6.

b) Warranty

1. The warranty period for defects is 12 months.

2. The customer may initially request rectification. If the rectification fails within a reasonable period set by the customer, the customer can withdraw from the contract or reduce the payment.

3. § 3 b) No. 1 – 2 do not apply to cases under § 639 BGB and do not apply to compensation in the cases mentioned in § 6 para. 2.

4. A work is also considered accepted if schachzudritt has informed the customer about the completion of the work and the customer does not refuse acceptance within 10 working days, stating at least one defect.

§ 4 Special Provisions for Events of Schachzudritt Customers

a) General

1. Within the scope of the order, schachzudritt has creative freedom. Complaints regarding artistic design are excluded within the limits of § 6.

2. Schachzudritt is entitled to use third parties to provide the agreed services. Schachzudritt is completely free in the choice of subcontractors, except for artists firmly booked by the customer.

3. For events, the customer appears as the organizer. Social insurance contributions for artists (KSK) will be charged to the customer with a 20% surcharge. If schachzudritt is obligated to register for GEMA through a separate order, this will be done on behalf of the customer.

4. Schachzudritt can invoice travel expenses and per diems at its discretion either at the actual amount incurred or according to the current BMF flat rates.

b) Performance Obstacles

1. Schachzudritt is not liable for the impossibility of performance or for meeting deadlines if these are caused by force majeure or other unforeseeable events at the time of contract conclusion, which schachzudritt is not responsible for under § 6.

2. If such events significantly complicate or make performance impossible for schachzudritt and the hindrance is not just of temporary nature (especially if approvals from authorities are refused), schachzudritt is entitled to withdraw from the contract.

§ 5 Special Provisions for Creating Graphics, Photos, Websites, and Similar Works

a) Cooperation Obligation

1. If schachzudritt provides drafts for the customer to check for accuracy and completeness, the drafts are considered approved after 7 days if the customer does not explicitly reject them. Schachzudritt will inform the customer separately at the beginning of the period about the significance of their silence. Schachzudritt can also specify a longer period, in which case this period applies instead.

2. The customer is obliged to protect themselves adequately against data loss. They must take comprehensive data backup measures to prevent data loss when installing new or changing installed software.

b) Usage Rights

1. Schachzudritt grants the customer a non-transferable, simple usage right. The usage right is limited to the ordered medium. For example, if schachzudritt provides services for the design of the customer’s website, the purpose of use of the website and/or its components is limited to use on the internet. If schachzudritt provides services for the design of a flyer, the purpose of use of the flyer and/or its components is limited to use on flyers.

2. The customer acquires the right under para. 1 with the full payment of the agreed fee. Upon request, the customer is obliged to provide schachzudritt with written information about the scope of use.

3. Schachzudritt assumes that templates provided by the customer are not encumbered with third-party rights or that the customer has the necessary usage rights for the order.

4. Schachzudritt also uses third-party rights (external license material) for works, which can only be transferred to the customer with a time limit. Schachzudritt can invoice the customer for the costs of external license material by presenting the invoice from the licensor with a 20% service surcharge. Further identification of parts of the work encumbered with third-party rights does not take place. In case of violations, the customer must compensate schachzudritt for the resulting damage.

5. If the customer becomes aware of unlawful use of the license material or of violations of third-party usage rights by schachzudritt itself (e.g., through warnings), they must inform schachzudritt immediately.

c) Copyright Notices and Reference Proofs

1. The customer will adopt all protective notices such as copyright notices and other legal reservations unchanged.

2. Schachzudritt reserves the right to use provided services such as drafts and objects, even if they are based on customer templates, as well as images thereof for presentation purposes, especially to include the customer’s website in a reference list for advertising purposes and to set appropriate links.

d) Indemnification

The customer indemnifies schachzudritt from all damages and all third-party claims arising due to a violation of protective rights by the customer (e.g., through the use of provided documents).

§ 6 Liability

1. Outside of liability for material and legal defects, schachzudritt is fully liable insofar as the cause of the damage is based on intent or gross negligence. It is also liable f