AGBs Hey Brand – Event Lab & Design Agency
§ 1
Scope of application
(1) Unless otherwise agreed, the following shall apply to all services (conception
of events, organization and planning of events and implementation,
Customer support and procurement of third-party services for the implementation of
events) between the client and the event agency: Hey Brand Agency
for Brand Building & Digital Sales, owner Patrick Wilth, Humboldtstraße 19a, 20083
Hamburg, these “General Terms and Conditions” (GTC).
(2) Conflicting terms and conditions of the customer shall only be effective if
if they are expressly recognized by the agency in writing.
(3) Should individual provisions of these “General Terms and Conditions”
ineffective, this shall not affect the binding nature of the remaining provisions and
of the contracts concluded on its basis. The ineffective
provision shall be replaced by a valid provision that comes closest to its meaning and purpose.
comes to replace it.
§ 2
Definitions
(1) Consumers within the meaning of these Terms and Conditions are natural persons who
enter into a business relationship with mobilfunkshopping.com without this affecting their
can be attributed to commercial or independent professional activity.
(2) Entrepreneurs within the meaning of these terms and conditions are natural persons and
legal entities or partnerships with legal capacity, which in the exercise of their
commercial or self-employed professional activity with the agency in a
enter into a business relationship.
(3) The organizer within the meaning of these terms and conditions is the customer. The customer is
as an event organizer for both the content and the behavior of the participants.
guests and their safety within the scope of its duty of care.
§ 3
Offers and conclusion of contract
(1) The basis for the conclusion of the contract is the respective written offer from Hey
Brand Agency, in which the services and the fee are set out. The
Offers made by the agency are subject to change and non-binding and constitute a
request to the client to entrust the agency with the execution of
services.
(2) If, in deviation from para. 1, the fee is not determined by a written offer
is regulated, this is done according to the guidelines of the ADC (Art Directors Club
Germany) or on the basis of the respective valid calculation basis of the Hey Brand
Agency. The agency fee includes services for advertising and event preparation,
Advertising and event planning, advertising design, advertising copy and implementation of
Events included.
The following will be charged separately: Materials, translations, travel costs,
Expenses. Organizational and procurement costs, copyright transfers and
technical costs such as photos, photo prints, tool costs, production of
Advertising materials and printing costs and services provided by contractors
(hiring of staff, premises, market research, etc.) depending on the
corresponding effort.
(3) By commissioning the implementation of the selected service, the client
the customer submits a binding offer to conclude a contract. The contract
between the client and the agency comes into effect through the written or
acceptance by telex from the agency. The same applies to
Additions, changes or ancillary work. If the agency does not reject the order within 4
If the customer does not accept the order within weeks of receipt, the confirmation shall be deemed to have been issued.
(4) An act of execution by the Agency in accordance with the order shall replace the
Order confirmation. By using the services of the agency
the customer declares acceptance of this offer and waives access
the declaration of acceptance.
(5) The information provided on the homepage, in brochures, circulars, advertisements, price lists or
documents, drawings, illustrations, technical data and information
Data and service descriptions are non-binding as long as they are not included in the
order confirmation are expressly designated as binding.
§ 4
Event scope of services
(1) The scope of the contractual services is set out in the written contract.
Order confirmation. Collateral agreements or amendments that affect the scope of the
contractual performance must be made in writing.
(2) Changes or deviations of individual services from the agreed
content of the contract that become necessary after conclusion of the contract, the agency
the customer immediately. Insofar as the changes result in the agreed
content of the contract is not or only insignificantly affected, is – on the basis of this
deviations – the customer has no right of termination. The agency is entitled to
Coordination with the customer of parts of the event schedule in deviation from
to change the service description.
(3) Insofar as the agency concludes contracts with third parties for the realization of an event
such a contract is concluded in the name of and with the authorization of the
customers. This applies in particular to the rental of premises, the conclusion of
contracts in the catering and service sector, as well as the conclusion of contracts
with artists.
(4) Insofar as the Agency provides additional services and performances free of charge outside the
contractual agreement, the latter is entitled to terminate these services at any time.
i n c l u d i n g . A c o n d i t i o n r e s p o n s i b i l i t y o r a m i n i t i o n – o r
This does not constitute a claim for damages in favor of the customer.
§ 5
Rental material
(1) The agency is obliged to deliver ordered rental goods of average type and quality. The
Agency shall be entitled to replace ordered rental items with equivalent or better rental items.
if the agency is unable to deliver the ordered rental item.
(2) All information about rented items that is provided in brochures, directories
or documents of any kind, insofar as they contain technical performance,
operating characteristics or usability are non-binding.
This does not apply to individual details provided in writing by the agency.
have been confirmed. The agency is not responsible for the accuracy of
manufacturer’s instructions.
(3) The agency accepts no liability for power failures. The customer shall be responsible for
sufficient power supply in accordance with the VDE. Should
this is not ensured, the agency reserves the right to terminate the rental agreement.
and not to hand over or put into operation any rented equipment.
to take.
(4) Renting and transferring the rental object to third parties and/or the
Transporting and operating the rental item outside Germany is not permitted without
written permission of the agency. For all consequential damages that
The customer shall be fully liable for any damage resulting from non-compliance with this requirement.
(5) The rental period shall commence on the day on which the rental item is delivered to the customer.
has been handed over and ends on the date specified as the return date.
has been specified. The agency reserves the right, if this deadline is exceeded
charge downtime costs in the amount of the daily rental price and, if applicable, a
to demand compensation in excess thereof. The customer undertakes,
to return the rental object in the condition in which he received it. For
The agency charges repair costs for defective devices returned. For
excessively soiled rental items, we charge for cleaning according to
Expenditure.
§ 6
Obligations of the customer, organizer liability
(1) The client shall provide the agency with all information necessary for the execution of the order.
information without delay. Delays resulting from a lack of cooperation by the
Customers are not at the expense of the agency.
(2) The customer warrants that the data provided is correct and complete,
Changes to personal data or essential contractual information
The customer must inform the agency immediately in writing.
(3) As the organizer, the customer is also obliged to provide any additional
To take measures in order to make good provisions, such as
to comply with youth protection regulations, among others, and in particular in consultation with
authorities in good time.
(4) The customer (organizer) undertakes to provide an organizer’s
take out liability insurance.
(5) GEMA fees and other authorizations as well as permits of all kinds are
The responsibility of the organizer.
(6) Photographs as well as video and audio recordings of events made via the
beyond private use must be approved by the agency,
especially if external services are provided by artists.
recordings of any kind for television, radio and other institutions.
use or offer, are not permitted without written authorization.
permitted.
§ 7
Payment, default
(1) All fees include the respective applicable statutory value added tax and
in the amount applicable at the time of conclusion of the contract in accordance with the
order is due immediately upon invoicing. In the event of late payment
Default interest in the amount of 8 percentage points above the base interest rate shall be deemed agreed.
(2) The Agency shall be entitled to make advances to cover its expenses in
reasonable amount.
(3) If the client is in default of payment, the agency has the right to terminate its
to refuse performance.
(4) The customer shall only have the right to set-off if the customer’s
counterclaims are undisputed by us or have been legally established. To the
The customer shall only be authorized to exercise a right of retention to the extent that his
counterclaim is based on the same contractual relationship.
§ 8
Concept, presentation and copyright protection
(1) If, after participating in a presentation or after preparing a presentation, the agency receives
of a concept, all services remain with the agency,
in particular their content, shall remain the property of the Agency. The customer is not authorized,
to continue using them – in whatever form.
(2) All services of the agency (e.g. sketches of ideas, concepts for events, etc.)
as well as individual parts thereof, shall remain the property of the Agency. The customer acquires
by paying the fee only the right of use for the agreed purpose.
Unless otherwise agreed with the agency, the customer may use the services of the
Agency only for itself and only for the duration of the contract. Additions or
Changes to the agency’s services by the client are only permitted with
express consent of the agency and – insofar as the services are subject to copyright
are protected – of the author.
(3) For the use of the Agency’s services that go beyond the original
agreed purpose and scope of use, is – irrespective of whether
this service is protected by copyright – the consent of the agency
required. The agency and the author are entitled to a separate
appropriate remuneration.
(4) Repeat uses or multiple uses of event concepts are
are subject to a fee; they require the consent of the agency. The transfer
granted rights of use to third parties requires the consent of the agency. About
The agency is entitled to information on the scope of use.
(5) The customer’s templates provided to the agency (e.g. texts, photos, samples)
are used on the condition that the customer is authorized to use
is authorized
§ 9
Termination
(1) The client is entitled to terminate the contractual relationship with the agency at any time.
terminate the contract. The premature termination of the contractual relationship obliges the
customers, however, to pay the agreed fees, in particular already
advance payments made according to the following scale:
– up to 8 months before the event = 25 % of the agreed fee,
– up to 5 months before the event = 50 % of the agreed fee,
– from 4 months before the event = 100 % of the agreed fee.
(2) The right to extraordinary termination for both contracting parties remains
are not affected by this.
§ 10
Warranty and compensation
(1) The Agency undertakes to prepare conscientiously and carefully the
Selection and monitoring of service providers in accordance with the due diligence obligations of a
ordinary merchant.
(2) The customer must make complaints, claims and impairments
immediately [innerhalb von drei Werktagen nach Leistung durch die Agentur]
in writing and give reasons. In the event of justified and
The customer shall be entitled to compensation in the event of timely complaints. The
The customer acknowledges that a claim for damages against the agency in the amount of
for whatever legal reason, is limited to the agreed fee
is.
(3) Claims for damages by the customer, in particular due to impossibility of
performance, positive breach of contract, culpa in contrahendo,
defective or incomplete performance or due to unauthorized actions
are excluded insofar as these are not due to intent or gross negligence on the part of the
agency.
§ 11
Liability
(1) The Agency shall be liable in accordance with the mandatory statutory
Liability regulations.
(2) For claims other than those arising from injury to life, limb and health
The Agency shall only be liable for damages to the extent that we or our vicarious
vicarious agents are guilty of intentional or grossly negligent behavior or a
culpable breach of a material contractual obligation. A
Any further liability for damages is excluded.
(3) In the event of a slightly negligent breach of material contractual obligations, we shall be liable – irrespective of
for whatever legal reason – the amount is limited to the contractually typical
foreseeable damage, which as a rule does not exceed the amount of the fee.
exceeds.
(4) A material contractual obligation comprises those obligations which
enable the proper execution of the contract in the first place and to
compliance with which the customer may regularly rely.
(5) Insofar as the agency in connection with the execution of the contract
claims for damages against third parties, the Hey Brand Agentur
such claims for compensation to the customer, provided that the customer accepts the assignment of such claims.
of future claims. In such a case, the customer shall be entitled to
Agency shall not be entitled to any further claims. The customer is entitled to assert such claims
at its own expense.
§ 12
Data protection
(1) The customer is aware and agrees that the data required to process the
personal data required for the contractual relationship by the Hey Brand Agency
stored on data carriers and used in the context of order processing
may be passed on to affiliated companies. The customer
consents to the collection, processing and use of his/her personal data
expressly.
(2) The stored personal data is processed by the Hey Brand Agentur
will of course be treated confidentially. This data may be forwarded by the agency to
Authorized and in accordance with § 11 BDSG to carefully selected business partners
transmitted, for example for the purpose of credit checks.
(3) The collection, processing and use of personal data takes place
in compliance with the Federal Data Protection Act (BDSG) and the
Telemedia Act (TMG).
(4) The customer has the right to withdraw their consent at any time with effect for the future.
in the future. In this case, the agency is obliged to immediately delete the
personal data of the customer. For ongoing user relationships
the deletion takes place after termination of the contract.
§ 13
Applicable law, foreign language and place of jurisdiction
(1) The business relationship between the Hey Brand Agency and the customer
are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is Hamburg if the customer is an entrepreneur or merchant
or a legal entity under public law or a public law organization
Special assets.
(3) If these General Terms and Conditions (GTC) are translated into a foreign language
German version of the GTCs is always to be used in the event of linguistic ambiguities.
decisive.
Hamburg, February 01, 2020
