1. General information,
scope of application

These General Terms and Conditions apply to all offers, deliveries and services provided by SOKRATIV GmbH (‘Agency’) to its contractual partners (‘Customer’), regardless of whether they are purchase, work, service or licence agreements.

Any deviating terms and conditions of the Customer shall not apply unless their validity is expressly confirmed.

Amendments and additions are only effective in written or text form (e.g. email).

The Agency provides services in the areas of marketing, online marketing, design and coaching.
The specific scope of services is set out in contracts, briefings and service descriptions.

2. Elements of the contract

The basis for the service is the client's briefing.

If the briefing is given verbally, the agency will prepare a written re-briefing. This becomes binding if the client does not object within 5 working days.

In cases of force majeure, the agency may postpone services. In this case, the client shall have no claims.

3. Copyright and rights of use

Rights of use shall only be transferred to the customer after full payment has been made.

The services are protected by copyright. Changes, edits or imitations are not permitted without consent.

The agency may use the services provided for its own advertising purposes, unless expressly objected to.

Unauthorised changes entitle the agency to claim a contractual penalty (at least 2.5 times the fee).

The transfer of rights of use to third parties is subject to approval and remuneration.

4. Compensation

The compensation agreed in the contract applies. Payments are due within 14 days.

In the event of late payment, interest on arrears shall be charged at the statutory rate.

Partial payments may be requested for partial services.

In the event of cancellation or changes by the customer, any costs incurred shall be reimbursed.

Cancellation fees: up to 6 months before commencement: 10%, 6 to 3 months: 25%, 3 months to 4 weeks: 50%, 4 to 2 weeks: 80%, less than 2 weeks: 100%.

All prices are exclusive of statutory value added tax.

5. Additional features

Unforeseen additional features shall be remunerated separately.

6. Non-disclosure

The agency shall treat all information received in connection with the project as confidential. This obligation shall remain in force even after termination of the contract.

7. Obligations of the customer

The customer shall provide all necessary information and materials in a timely manner and free of charge.

Orders to third parties in connection with the project may only be placed in agreement with the agency.

8. Liability

The customer bears the risk of the legal admissibility of commissioned measures. The agency points out recognisable risks but does not undertake any legal review.

The agency is only liable for damages caused intentionally or through gross negligence.

Liability is limited to the one-time order revenue.

No liability is accepted for lost profits or indirect damages.

Statutory liability applies to damages to life, limb or health.

9. Collecting societies

Fees payable to collecting societies (e.g. GEMA) shall be borne by the customer. Any amounts paid in advance shall be reimbursed.

10. Third-party services

Subcontractors commissioned by the agency are considered vicarious agents. Direct commissioning by the customer without the agency is not permitted within 12 months.

11. Working documents and data

All working documents, drafts and files remain with the agency. There is no entitlement to their release.

12. Media planning

Media planning is carried out to the best of our knowledge, without any guarantee of success.

The agency may request advance payments for extensive services. Late payments may lead to delays.

13. Approval

The service shall be deemed to have been accepted if the customer does not report any significant defects within 14 days of notification or if the customer begins to use the service.

14. Retention of title

Delivered goods remain the property of the Agency until full payment has been received.

The customer hereby assigns any claims arising from resales to the Agency.

15. Warranty

The warranty period is 12 months.

Defects must be reported in writing without delay.

The agency has the right to repair or replace the goods.

If the repair fails, the customer may demand a reduction in price or withdrawal from the contract.

16. Final provisions

The customer may only assign claims with the agency's consent.

Offsetting and retention are only possible with undisputed or legally established claims.

German law applies. The place of jurisdiction is Bochum, insofar as this is permissible.

Should individual provisions be invalid, the validity of the remaining provisions shall remain unaffected.