Trust­ed by

Terms & Conditions

1. Sub­ject mat­ter and scope

The fol­low­ing terms and con­di­tions apply to all con­tracts between 4millions GmbH and its clients. Alter­ations in the terms and con­di­tions by the client, giv­en that 4millions GmbH does not explic­it­ly agree to them, will not become con­trac­tu­al terms, even if 4millions GmbH does not direct­ly express opposition.

4millions GmbH pro­vides con­sult­ing, con­cep­tion, edit­ing and mar­ket­ing as well as tech­ni­cal ser­vices in the field of dig­i­tal and print­ed media offers.

2. Con­clu­sion of con­tract, pro­vi­sion of ser­vices by third parties

All offers from 4millions GmbH are sub­ject to change and non-binding.

Con­tracts that 4millions GmbH con­cludes with its cus­tomers only come into exis­tence with the order con­fir­ma­tion from 4millions GmbH.

4millions GmbH is enti­tled to com­mis­sion third par­ties with the pro­vi­sion of the entire ser­vice or indi­vid­ual ser­vice parts, inso­far as this is necessary.

3. Oblig­a­tions of con­tract 4millions

4millions GmbH’s oblig­a­tions of con­tract are derived from indi­vid­u­al­ly con­clud­ed con­tracts. 4millions GmbH advis­es the client on both the cre­ative pos­si­bil­i­ties and the pos­si­ble func­tion­al­i­ties of the ser­vice, while con­sid­er­ing the tar­get groups that are to be addressed by the ser­vice pro­vid­ed, and what pur­pos­es the client is pur­su­ing with the order.

Industry-​specific knowl­edge is not expect­ed from 4millions GmbH. With­out a cor­re­spond­ing agree­ment, 4millions GmbH is not oblig­ed to gain spe­cif­ic knowl­edge about the habits and user behav­ior of peo­ple aimed at the client’s tar­get groups through sur­veys, inves­ti­ga­tions or oth­er means of mar­ket research.

4. Client’s duty to cooperate

For the sake of coor­di­na­tion and steer­ing of the agreed upon ser­vices, the client will name and issue a par­ty who is giv­en the respon­si­bil­i­ty of mak­ing and receiv­ing bind­ing dec­la­ra­tions about the ser­vice to be pro­vid­ed. The par­ty giv­en this respon­si­bil­i­ty must be avail­able for 4millions GmbH dur­ing nor­mal work­ing hours by phone or email.

If mate­ri­als are to be pro­vid­ed by the client for the per­for­mance of the con­tract, these are to be made avail­able to 4millions GmbH free of third-​party rights in a com­mon for­mat. In the event of the asser­tion of third-​party rights, the cus­tomer under­takes to indem­ni­fy 4millions GmbH from lia­bil­i­ty. This also includes the cost of legal defense.

5. Com­pen­sa­tion

As a rule, a fixed price agree­ment is made for the order vol­ume, if nec­es­sary in stages. If no fixed price has been agreed, 4millions GmbH cal­cu­lates deliv­er­ies and ser­vices on the basis of the time and mate­r­i­al expen­di­ture actu­al­ly incurred, plus trav­el costs and any nec­es­sary acqui­si­tion of third-​party prod­ucts, rights and expens­es for tele­phone, fax, couri­er, data car­ri­ers, print­outs / copies and set-​up fees.

Sub­se­quent changes to ser­vices by the client at a fixed price enti­tle 4millions GmbH to charge the addi­tion­al effort if 4millions GmbH has pre­vi­ous­ly informed the cus­tomer of the addi­tion­al effort.

The invoic­es issued by 4millions GmbH are due with­in 14 days of invoic­ing with­out any deduc­tions. 4millions GmbH is enti­tled to issue inter­im accounts. If invoic­es are not set­tled with­in 14 days, the cus­tomer is auto­mat­i­cal­ly in default and has to com­pen­sate 4millions GmbH for any dam­age caused by default. 4millions GmbH is enti­tled to charge a reminder fee of EUR 2.50 per reminder.

The agreed prices are exclu­sive of statu­to­ry sales tax. The cus­tomer can only off­set claims that are undis­put­ed or have been legal­ly established.

6. Copy­right / Right of Use

All drafts, con­cepts, doc­u­ments, etc. made by 4millions GmbH are works pro­tect­ed by copy­right in the sense of copy­right law, even if they do not meet the require­ments of § 2 UrhG. All ser­vices from 4millions GmbH may not be used or processed beyond the con­trac­tu­al pur­pose with­out the con­sent of 4millions GmbH.

All rights of use and, if agreed, own­er­ship rights are only trans­ferred to the client after the agreed remu­ner­a­tion has been paid in full. In the case of a trans­fer of rights, the scope of the assign­ment in terms of space, time and con­tent is based exclu­sive­ly on the con­trac­tu­al agree­ments or the pur­pose of the con­tract (Sec­tion 31 (5) UrhG applies accord­ing­ly). The client allows 4millions GmbH to use the ser­vice as a ref­er­ence for its own adver­tis­ing pur­pos­es and to use screenshots.

Inso­far as 4millions GmbH inte­grates third-​party soft­ware or oth­er prod­ucts such as image files, sound files, etc. into the over­all solu­tion as agreed, the grant­i­ng of rights is gen­er­al­ly not cov­ered by the agree­ment. The client is respon­si­ble for obtain­ing any legal rights.

7. Lia­bil­i­ty

Claims for dam­ages against 4millions GmbH are exclud­ed regard­less of the legal basis, unless 4millions GmbH has act­ed with intent or gross neg­li­gence, there is phys­i­cal dam­age or the dam­age is due to the lack of guar­an­teed prop­er­ties or the breach of a con­trac­tu­al oblig­a­tion (car­di­nal oblig­a­tion). Car­di­nal oblig­a­tions are those oblig­a­tions whose ful­fill­ment enables the prop­er exe­cu­tion of the con­tract in the first place and on whose com­pli­ance the con­trac­tu­al part­ner can reg­u­lar­ly rely. The lim­i­ta­tion of lia­bil­i­ty also applies in the event of the fault of a vic­ar­i­ous agent of 4millions GmbH.

The claim for dam­ages for the breach of essen­tial con­trac­tu­al oblig­a­tions is, how­ev­er, basi­cal­ly lim­it­ed to the fore­see­able dam­age typ­i­cal for the con­tract. In par­tic­u­lar, 4millions GmbH is not liable for dam­ages that are in the customer’s sphere or caused by the dis­rup­tion of the com­mu­ni­ca­tion net­works of oth­er oper­a­tors, or exter­nal con­tent providers are unable to pro­vide con­tent or oth­er ser­vices on time or at all.

As far as legal­ly per­mis­si­ble, the lia­bil­i­ty claims or claims for dam­ages expire with­in one year after knowl­edge or gross­ly neg­li­gent igno­rance of the exis­tence of the lia­bil­i­ty requirements.

8. Ter­mi­na­tion

Unless oth­er­wise agreed, the cus­tomer and 4millions GmbH are enti­tled at any time to ter­mi­nate the con­trac­tu­al rela­tion­ship in writ­ing with a notice peri­od of three months to the end of the month. In this case, the pro­vi­sion of § 649 BGB applies. In any case, the cus­tomer bears all proven expens­es up to the time of ter­mi­na­tion and, if third par­ties are involved, all legal­ly jus­ti­fied and no longer solv­able oblig­a­tions of 4millions GmbH. 4millions GmbH is enti­tled to demand the fee agreed for the respec­tive ser­vice phase with­in which the ter­mi­na­tion takes place. Any fur­ther claims by 4millions GmbH remain unaffected.

The receipt of the let­ter of ter­mi­na­tion by the oth­er par­ty is deci­sive for the time of ter­mi­na­tion. Extra­or­di­nary ter­mi­na­tion rights remain unaffected.

9. Final provisions

Ger­man law is exclu­sive­ly applic­a­ble to the present con­tract, exclud­ing the UN sales law.

The place of juris­dic­tion for all dis­putes aris­ing from or in con­nec­tion with the con­clud­ed con­tract is the seat of 4millions GmbH.

Should indi­vid­ual pro­vi­sions be or become inef­fec­tive, the effec­tive­ness of the rest remains unaf­fect­ed. Instead of the inef­fec­tive pro­vi­sion, a reg­u­la­tion comes into effect that comes clos­est to the eco­nom­ic pur­pose of the omit­ted regulation.

Last updat­ed: Dece,ber 2021