The fol\u00adlow\u00ading terms and con\u00addi\u00adtions apply to all con\u00adtracts between 4millions GmbH and its clients. Alter\u00adations in the terms and con\u00addi\u00adtions by the client, giv\u00aden that 4millions GmbH does not explic\u00adit\u00adly agree to them, will not become con\u00adtrac\u00adtu\u00adal terms, even if 4millions GmbH does not direct\u00adly express opposition.<\/p>\n\n\n\n
4millions GmbH pro\u00advides con\u00adsult\u00ading, con\u00adcep\u00adtion, edit\u00ading and mar\u00adket\u00ading as well as tech\u00adni\u00adcal ser\u00advices in the field of dig\u00adi\u00adtal and print\u00aded media offers.<\/p>\n\n\n\n
All offers from 4millions GmbH are sub\u00adject to change and non-binding.<\/p>\n\n\n\n
Con\u00adtracts that 4millions GmbH con\u00adcludes with its cus\u00adtomers only come into exis\u00adtence with the order con\u00adfir\u00adma\u00adtion from 4millions GmbH.<\/p>\n\n\n\n
4millions GmbH is enti\u00adtled to com\u00admis\u00adsion third par\u00adties with the pro\u00advi\u00adsion of the entire ser\u00advice or indi\u00advid\u00adual ser\u00advice parts, inso\u00adfar as this is necessary.<\/p>\n\n\n\n
4millions GmbH\u2019s oblig\u00ada\u00adtions of con\u00adtract are derived from indi\u00advid\u00adu\u00adal\u00adly con\u00adclud\u00aded con\u00adtracts. 4millions GmbH advis\u00ades the client on both the cre\u00adative pos\u00adsi\u00adbil\u00adi\u00adties and the pos\u00adsi\u00adble func\u00adtion\u00adal\u00adi\u00adties of the ser\u00advice, while con\u00adsid\u00ader\u00ading the tar\u00adget groups that are to be addressed by the ser\u00advice pro\u00advid\u00aded, and what pur\u00adpos\u00ades the client is pur\u00adsu\u00ading with the order.<\/p>\n\n\n\n
Industry-\u200bspecific knowl\u00adedge is not expect\u00aded from 4millions GmbH. With\u00adout a cor\u00adre\u00adspond\u00ading agree\u00adment, 4millions GmbH is not oblig\u00aded to gain spe\u00adcif\u00adic knowl\u00adedge about the habits and user behav\u00adior of peo\u00adple aimed at the client\u2019s tar\u00adget groups through sur\u00adveys, inves\u00adti\u00adga\u00adtions or oth\u00ader means of mar\u00adket research.<\/p>\n\n\n\n
For the sake of coor\u00addi\u00adna\u00adtion and steer\u00ading of the agreed upon ser\u00advices, the client will name and issue a par\u00adty who is giv\u00aden the respon\u00adsi\u00adbil\u00adi\u00adty of mak\u00ading and receiv\u00ading bind\u00ading dec\u00adla\u00adra\u00adtions about the ser\u00advice to be pro\u00advid\u00aded. The par\u00adty giv\u00aden this respon\u00adsi\u00adbil\u00adi\u00adty must be avail\u00adable for 4millions GmbH dur\u00ading nor\u00admal work\u00ading hours by phone or email.<\/p>\n\n\n\n
If mate\u00adri\u00adals are to be pro\u00advid\u00aded by the client for the per\u00adfor\u00admance of the con\u00adtract, these are to be made avail\u00adable to 4millions GmbH free of third-\u200bparty rights in a com\u00admon for\u00admat. In the event of the asser\u00adtion of third-\u200bparty rights, the cus\u00adtomer under\u00adtakes to indem\u00adni\u00adfy 4millions GmbH from lia\u00adbil\u00adi\u00adty. This also includes the cost of legal defense.<\/p>\n\n\n\n
As a rule, a fixed price agree\u00adment is made for the order vol\u00adume, if nec\u00ades\u00adsary in stages. If no fixed price has been agreed, 4millions GmbH cal\u00adcu\u00adlates deliv\u00ader\u00adies and ser\u00advices on the basis of the time and mate\u00adr\u00adi\u00adal expen\u00addi\u00adture actu\u00adal\u00adly incurred, plus trav\u00adel costs and any nec\u00ades\u00adsary acqui\u00adsi\u00adtion of third-\u200bparty prod\u00aducts, rights and expens\u00ades for tele\u00adphone, fax, couri\u00ader, data car\u00adri\u00aders, print\u00adouts \/ copies and set-\u200bup fees.<\/p>\n\n\n\n
Sub\u00adse\u00adquent changes to ser\u00advices by the client at a fixed price enti\u00adtle 4millions GmbH to charge the addi\u00adtion\u00adal effort if 4millions GmbH has pre\u00advi\u00adous\u00adly informed the cus\u00adtomer of the addi\u00adtion\u00adal effort.<\/p>\n\n\n\n
The invoic\u00ades issued by 4millions GmbH are due with\u00adin 14 days of invoic\u00ading with\u00adout any deduc\u00adtions. 4millions GmbH is enti\u00adtled to issue inter\u00adim accounts. If invoic\u00ades are not set\u00adtled with\u00adin 14 days, the cus\u00adtomer is auto\u00admat\u00adi\u00adcal\u00adly in default and has to com\u00adpen\u00adsate 4millions GmbH for any dam\u00adage caused by default. 4millions GmbH is enti\u00adtled to charge a reminder fee of EUR 2.50 per reminder.<\/p>\n\n\n\n
The agreed prices are exclu\u00adsive of statu\u00adto\u00adry sales tax. The cus\u00adtomer can only off\u00adset claims that are undis\u00adput\u00aded or have been legal\u00adly established.<\/p>\n\n\n\n
All drafts, con\u00adcepts, doc\u00adu\u00adments, etc. made by 4millions GmbH are works pro\u00adtect\u00aded by copy\u00adright in the sense of copy\u00adright law, even if they do not meet the require\u00adments of \u00a7 2 UrhG. All ser\u00advices from 4millions GmbH may not be used or processed beyond the con\u00adtrac\u00adtu\u00adal pur\u00adpose with\u00adout the con\u00adsent of 4millions GmbH.<\/p>\n\n\n\n
All rights of use and, if agreed, own\u00ader\u00adship rights are only trans\u00adferred to the client after the agreed remu\u00adner\u00ada\u00adtion has been paid in full. In the case of a trans\u00adfer of rights, the scope of the assign\u00adment in terms of space, time and con\u00adtent is based exclu\u00adsive\u00adly on the con\u00adtrac\u00adtu\u00adal agree\u00adments or the pur\u00adpose of the con\u00adtract (Sec\u00adtion 31 (5) UrhG applies accord\u00ading\u00adly). The client allows 4millions GmbH to use the ser\u00advice as a ref\u00ader\u00adence for its own adver\u00adtis\u00ading pur\u00adpos\u00ades and to use screenshots.<\/p>\n\n\n\n
Inso\u00adfar as 4millions GmbH inte\u00adgrates third-\u200bparty soft\u00adware or oth\u00ader prod\u00aducts such as image files, sound files, etc. into the over\u00adall solu\u00adtion as agreed, the grant\u00adi\u00adng of rights is gen\u00ader\u00adal\u00adly not cov\u00adered by the agree\u00adment. The client is respon\u00adsi\u00adble for obtain\u00ading any legal rights.<\/p>\n\n\n\n
Claims for dam\u00adages against 4millions GmbH are exclud\u00aded regard\u00adless of the legal basis, unless 4millions GmbH has act\u00aded with intent or gross neg\u00adli\u00adgence, there is phys\u00adi\u00adcal dam\u00adage or the dam\u00adage is due to the lack of guar\u00adan\u00adteed prop\u00ader\u00adties or the breach of a con\u00adtrac\u00adtu\u00adal oblig\u00ada\u00adtion (car\u00addi\u00adnal oblig\u00ada\u00adtion). Car\u00addi\u00adnal oblig\u00ada\u00adtions are those oblig\u00ada\u00adtions whose ful\u00adfill\u00adment enables the prop\u00ader exe\u00adcu\u00adtion of the con\u00adtract in the first place and on whose com\u00adpli\u00adance the con\u00adtrac\u00adtu\u00adal part\u00adner can reg\u00adu\u00adlar\u00adly rely. The lim\u00adi\u00adta\u00adtion of lia\u00adbil\u00adi\u00adty also applies in the event of the fault of a vic\u00adar\u00adi\u00adous agent of 4millions GmbH.<\/p>\n\n\n\n
The claim for dam\u00adages for the breach of essen\u00adtial con\u00adtrac\u00adtu\u00adal oblig\u00ada\u00adtions is, how\u00adev\u00ader, basi\u00adcal\u00adly lim\u00adit\u00aded to the fore\u00adsee\u00adable dam\u00adage typ\u00adi\u00adcal for the con\u00adtract. In par\u00adtic\u00adu\u00adlar, 4millions GmbH is not liable for dam\u00adages that are in the customer\u2019s sphere or caused by the dis\u00adrup\u00adtion of the com\u00admu\u00adni\u00adca\u00adtion net\u00adworks of oth\u00ader oper\u00ada\u00adtors, or exter\u00adnal con\u00adtent providers are unable to pro\u00advide con\u00adtent or oth\u00ader ser\u00advices on time or at all.<\/p>\n\n\n\n
As far as legal\u00adly per\u00admis\u00adsi\u00adble, the lia\u00adbil\u00adi\u00adty claims or claims for dam\u00adages expire with\u00adin one year after knowl\u00adedge or gross\u00adly neg\u00adli\u00adgent igno\u00adrance of the exis\u00adtence of the lia\u00adbil\u00adi\u00adty requirements.<\/p>\n\n\n\n
Unless oth\u00ader\u00adwise agreed, the cus\u00adtomer and 4millions GmbH are enti\u00adtled at any time to ter\u00admi\u00adnate the con\u00adtrac\u00adtu\u00adal rela\u00adtion\u00adship in writ\u00ading with a notice peri\u00adod of three months to the end of the month. In this case, the pro\u00advi\u00adsion of \u00a7 649 BGB applies. In any case, the cus\u00adtomer bears all proven expens\u00ades up to the time of ter\u00admi\u00adna\u00adtion and, if third par\u00adties are involved, all legal\u00adly jus\u00adti\u00adfied and no longer solv\u00adable oblig\u00ada\u00adtions of 4millions GmbH. 4millions GmbH is enti\u00adtled to demand the fee agreed for the respec\u00adtive ser\u00advice phase with\u00adin which the ter\u00admi\u00adna\u00adtion takes place. Any fur\u00adther claims by 4millions GmbH remain unaffected.<\/p>\n\n\n\n
The receipt of the let\u00adter of ter\u00admi\u00adna\u00adtion by the oth\u00ader par\u00adty is deci\u00adsive for the time of ter\u00admi\u00adna\u00adtion. Extra\u00ador\u00addi\u00adnary ter\u00admi\u00adna\u00adtion rights remain unaffected.<\/p>\n\n\n\n
Ger\u00adman law is exclu\u00adsive\u00adly applic\u00ada\u00adble to the present con\u00adtract, exclud\u00ading the UN sales law.<\/p>\n\n\n\n
The place of juris\u00addic\u00adtion for all dis\u00adputes aris\u00ading from or in con\u00adnec\u00adtion with the con\u00adclud\u00aded con\u00adtract is the seat of 4millions GmbH.<\/p>\n\n\n\n
Should indi\u00advid\u00adual pro\u00advi\u00adsions be or become inef\u00adfec\u00adtive, the effec\u00adtive\u00adness of the rest remains unaf\u00adfect\u00aded. Instead of the inef\u00adfec\u00adtive pro\u00advi\u00adsion, a reg\u00adu\u00adla\u00adtion comes into effect that comes clos\u00adest to the eco\u00adnom\u00adic pur\u00adpose of the omit\u00adted regulation.<\/p>\n\n\n\n
Last updat\u00aded: Dece,ber 2021<\/p>","protected":false},"excerpt":{"rendered":"
1. Gegen\u00adstand und Gel\u00adtungs\u00adbere\u00adich Die nach\u00adfol\u00adgen\u00adden Gesch\u00e4fts\u00adbe\u00addin\u00adgun\u00adgen gel\u00adten f\u00fcr alle zwis\u00adchen 4millions GmbH und dem Auf\u00adtragge\u00adber abgeschlosse\u00adnen Vertr\u00e4ge. Abwe\u00adichende Bedin\u00adgun\u00adgen des Auf\u00adtragge\u00adbers, die 4millions GmbH nicht aus\u00addr\u00fcck\u00adlich anerken\u00adnt, wer\u00adden nicht Ver\u00adtragsin\u00adhalt, auch wenn 4millions GmbH ihnen nicht aus\u00addr\u00fcck\u00adlich geson\u00addert wider\u00adspricht. 4millions GmbH erbringt Beratungs\u2011, Konzeptions\u2011, Redaktions- und Vermark\u00adtungs- sowie tech\u00adnis\u00adche Dien\u00adstleis\u00adtun\u00adgen im Bere\u00adich von digitalen\u2026<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":11,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","wp_typography_post_enhancements_disabled":false,"footnotes":""},"class_list":["post-254","page","type-page","status-publish"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/pages\/254","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/comments?post=254"}],"version-history":[{"count":0,"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/pages\/254\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.4millions.de\/en\/wp-json\/wp\/v2\/media?parent=254"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}