General Terms and Conditions
1 Scope of application and definitions
1.1 For the business relationship between BoredBrandsStudio (owner: Chantalle Alberstadt), Rottmannstr. 2-4, 69121 Heidelberg, Germany (hereinafter referred to as "PROVIDER") and the recipient of the services (hereinafter referred to as "CUSTOMER", hereinafter also referred to collectively as the "PARTIES"), in particular with regard to contracts for services in the areas of content and design creation and branding, design, photography and videography, podcasts and further online and performance marketing, social media marketing, as well as the management (maintenance and/or support) of websites (hereinafter referred to as "Services"), these General Terms and Conditions shall apply exclusively.
1.2 The offer of the PROVIDER is aimed exclusively at entrepreneurs (§ 14 BGB) or traders.
1.3 Conflicting, deviating or supplementary general terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions shall also apply if the PROVIDER performs services without reservation in the knowledge that the CUSTOMER's terms and conditions conflict with or deviate from these General Terms and Conditions.
1.4 The contractual basis results from the individual agreement between the PROVIDER and the CUSTOMER (e.g. in the form of an offer) and these terms and conditions.
1.5 The version of the PROVIDER's General Terms and Conditions valid prior to utilization of the services shall apply.
1.6 The General Terms and Conditions shall also apply to all future service relationships between the PROVIDER and the CUSTOMER (in connection with the object of service offered), without the need for express inclusion.
1.7 Insofar as the generic masculine is used in the following provisions, this is solely for reasons of simplicity and does not imply any valuation.
2. conclusion of contract
2.1 The presentation of the services on the website, in social networks, in brochures or in advertisements does not constitute a binding offer by the PROVIDER to conclude a contract.
2.2 The contract between the PROVIDER and the CUSTOMER may be concluded by telephone (in particular by video or video chat and/or telephone), in text form (e.g. by e-mail) or in writing.
2.3 In the case of contracts concluded by telephone between the PROVIDER and the CUSTOMER, the CUSTOMER agrees that the PROVIDER may record the telephone call and/or video conference with the CUSTOMER for evidence and documentation purposes.
2.4 The CUSTOMER expressly agrees not to disclose to third parties any login usernames, passwords, materials and links to which the CUSTOMER gains access under this contract.
3. benefits
3.1 The range of services includes the following areas in particular:
- Branding and design
- Photography and video
- Consulting and production of podcasts
- Maintenance contracts for the operation of websites
- Online and performance marketing
- Social media marketing, content and design creation
- Brand consulting
3.2 The specific scope of services shall result from the individual agreement between PROVIDER and CUSTOMER.
3.3 With regard to the contents of a service contract entered into with the PROVIDER, the PROVIDER shall be entitled to a right to determine performance in accordance with Section 315 BGB.
3.4 The PROVIDER is entitled to use the assistance of third parties, in particular subcontractors, to fulfill individual or all contractual obligations.
4. special provisions in the area of branding and design
4.1 The content and designs (e.g. texts, graphics, print elements, etc.) shall generally be agreed in advance by mutual consent (in writing, by telephone and/or by electronic communication). Irrespective of this, the final decision regarding the conceptual and creative implementation of the content lies with the PROVIDER.
4.2 If content or design is changed by post-editing and/or a correction loop, the transfer of rights shall only take place with the final version of the work and its provision. Unedited material is not covered by the transfer of rights. Clause 14.2. remains unaffected.
4.3 Unless otherwise agreed, the CUSTOMER shall receive a simple right of use, unlimited in time and place, to use the content or designs created. The (commercial) transfer or sale by the CUSTOMER is not permitted. Any infringement will be prosecuted and may result in claims for damages.
4.4. Unless otherwise agreed upon in an individual contract, the agreed-upon compensation includes one round of revisions. One round of revisions comprises the CLIENT’s aggregated, consolidated feedback on the respective draft version submitted. Any additional change requests, as well as changes based on the CLIENT’s subsequently modified or expanded specifications, will be billed separately at the hourly rate stated in the proposal, based on actual time spent. If no hourly rate is specified in the proposal, an hourly rate of 130 EUR net shall apply.
5. special provisions in the area of photography and videography
5.1 As a rule, the content of the services shall be agreed by mutual agreement in advance (in writing, by telephone and/or by electronic communication). Irrespective of this, the final decision regarding the conceptual and creative implementation of the production (e.g. with regard to exposure, image composition, etc.) lies with the PROVIDER.
5.2 The CLIENT shall ensure that all rights in connection with the performance of the service relating to the participants in front of the camera, the location and/or other third parties exist and shall indemnify the PROVIDER against any claims by third parties in this regard.
5.3 Unless otherwise agreed in individual cases, the service owed by the PROVIDER shall also include the post-processing of the photographs taken. This includes in particular, but is not limited to, color correction (carried out according to the current state of the art).
5.4 After completion of all agreed services, the final version of the images or image selection shall be available for the CUSTOMER to download digitally. The images can be watermarked in the editing status.
5.5. Unless otherwise specified in the contract, the creation and editing of the recordings, as well as all other contractually agreed-upon services and any travel expenses incurred, shall be compensated by a lump-sum fee plus applicable sales tax. The flat-rate fee also covers the transfer of rights from the PROVIDER to the CUSTOMER as agreed, as well as—unless otherwise agreed upon in an individual contract—one round of revisions regarding the post-production of the recordings. Any additional changes will be billed at an hourly rate of 130.00 EUR net, based on actual time spent, unless a different hourly rate is specified in the quote.
5.6 The PROVIDER shall transfer to the CUSTOMER the rights of use, ancillary copyrights and other rights arising in connection with the performance of the contract, including any rights of use that were unknown at the time the contract was signed. The CUSTOMER shall be entitled to all rights from the time of their transfer for simple use, unrestricted in terms of time, space and content. The (commercial) transfer or sale by the CUSTOMER is not permitted.
5.7 If the recordings are changed by post-processing or a correction loop, the transfer of rights shall only take place with the final version of the work and its provision. Unprocessed image material is not included in the transfer of rights.
5.8 The CUSTOMER is obliged to indicate the PROVIDER as the author in an appropriate form, stating the homepage or Instagram profile, for any use of the images in all media (including online and print).
6. special provisions on support services
6.1 Insofar as support services have been agreed between the parties, the following conditions shall apply.
6.2 The PROVIDER shall provide the CUSTOMER with the following support services:
- Regular checking of the hosting;
- Adoption of changes (e.g. texts or images);
- Installation of updates;
- Customer support.
6.3 The PROVIDER shall only provide the support services within the scope of the applicable service hours from Monday to Friday. The CUSTOMER shall cooperate in the provision of support services where necessary. Provides the PROVIDER with all information required to perform the services. It shall provide test data, test capacities and qualified employees.
7 Special provisions for online and performance marketing services
7.1 The CUSTOMER shall determine the budget for the advertising costs incurred in addition to the remuneration. Unless expressly agreed otherwise, the advertising costs shall be invoiced directly between the CUSTOMER and the advertising platform. The CUSTOMER shall bear all advertising costs incurred.
7.2 The PARTIES agree that the PROVIDER does not owe the CUSTOMER any specific quantitative and/or economic success (such as, but not limited to, a specific number of leads, employees or the like) for the provision of the agreed services.
7.3 Platforms (e.g. Facebook, LinkedIn, Instagram, etc.) may suspend advertising campaigns created by the PROVIDER for the CUSTOMER in individual cases without stating reasons. Platforms may also temporarily or permanently block accounts, advertising accounts and/or the CLIENT's business manager. The PROVIDER has no influence on this. The PROVIDER's claim to remuneration remains unaffected in this respect.
7.4 The CUSTOMER shall receive a - simple - right of use to use the campaigns, licenses and content (e.g. creatives, texts, image and video material) during the term of the contract. Any transfer and/or reproduction of the licenses or content is prohibited. Any infringement will be prosecuted and may result in claims for damages.
7.5 The CUSTOMER grants the PROVIDER a worldwide, non-exclusive right of use, unlimited in terms of subject matter and time, to all conceivable types of use for advertising campaigns and their content. This also includes future types of use that were not yet known at the time the contract was concluded.
8. remuneration
8.1. The fees applicable to the services are those in effect at the time the contract is concluded, as specified in the offer. Unless a fee has been individually agreed upon, billing shall be based on actual time spent at an hourly rate of 130.00 EUR net. If payment in installments has been agreed upon, the first installment is due immediately upon conclusion of the contract; unless otherwise agreed, subsequent installments are due monthly in advance. All prices are exclusive of VAT.
8.2 If a set-up fee has been agreed, this shall only be charged once, unless otherwise agreed. In the event of a contract extension, no further set-up fee will be charged.
8.3 The obligation to provide the contractually agreed remuneration in full shall also exist if the CUSTOMER instructs the PROVIDER to temporarily interrupt the services or if an interruption is necessary for other reasons, provided that the reasons are not due to the fault of the PROVIDER.
8.4 Unless otherwise agreed, the CUSTOMER shall be obliged to make advance payment. The agreed remuneration shall be due immediately upon invoicing and payable within 7 days.
8.5 Unless otherwise contractually agreed in individual cases, additional costs (for example, but not limited to: expenses, meals, additionally requested props) shall be borne by the CLIENT and are not covered by a flat-rate fee.
8.6 If the CUSTOMER fails to perform a necessary act of cooperation and thereby prevents the PROVIDER from providing the service, the PROVIDER's claim to remuneration shall remain unaffected.
8.7 The CUSTOMER may only exercise or assert its right of set-off or right of retention with legally established or undisputed claims.
8.8. If the completion or acceptance of the services is delayed for reasons attributable to the CUSTOMER (in particular, failure to provide approvals, feedback, supplies, or other acts of cooperation), an agreed-upon final installment shall become due no later than three months after the agreed-upon completion date, or alternatively after the PROVIDER has made the service ready for acceptance, without the need for acceptance. Section 15 remains unaffected.
8.9. Upon conclusion of the contract, the CUSTOMER is required to make a down payment in the amount specified in the offer. This down payment serves to secure capacity and facilitate the preparation of the agreed-upon services.
8.10. If the CUSTOMER cancels the contract or fails to use the service, the deposit will not be refunded. Any services already rendered or preparatory work performed that exceed the amount of the deposit will be billed to the customer separately.
8.11. Unless otherwise agreed, travel expenses shall be borne by the CUSTOMER. These are calculated at a flat rate of 45 cents per kilometer.
9. delay
9.1 Any deadlines for the provision of services by the PROVIDER shall in any case not commence before the agreed remuneration has been paid in full by the CUSTOMER and all necessary acts of cooperation by the CUSTOMER have been fully provided.
9.2 If the CUSTOMER is in arrears with payments due, the PROVIDER reserves the right not to perform further services until the payments due have been settled.
9.3 The PROVIDER is entitled to terminate the contract for good cause in accordance with Section 626 (1) BGB and to discontinue all services. Good cause exists in particular if the CUSTOMER is in arrears with at least two installments due to the PROVIDER for an agreed installment payment. The PROVIDER is entitled to claim the entire remuneration that would be due by the next ordinary termination date as compensation for damages. In this case, however, the PROVIDER must take into account the expenses that it saves or fails to acquire.
10. other obligations of the PARTIES to perform the agreed services
10.1 In principle, the PROVIDER shall only provide all contractually agreed services from the time of conclusion of the contract or the individually agreed start of the contract term.
10.2 The CLIENT is obliged to arrive punctually on the agreed recording dates. The CLIENT must immediately report any delays on the agreed recording date. If additional costs are incurred by the PROVIDER due to a delay caused by the CLIENT (e.g. due to delays in the PROVIDER's workflow), these shall be borne by the CLIENT.
10.3 In the event of a cancellation within four weeks before the agreed recording date, the CLIENT is obliged to reimburse the PROVIDER for the costs incurred, but at least 30% of the agreed remuneration. In the event of a cancellation within 7 days before the agreed recording date, the CLIENT shall be obliged to pay the agreed remuneration in full, unless an alternative date is mutually agreed between the PARTIES. However, the PROVIDER must allow credit for any expenses saved or not incurred.
10.4 The CUSTOMER shall ensure that the PROVIDER has all the necessary information at all times that is required to achieve the best possible service result. If the PROVIDER is prevented from providing the agreed services and the reasons for the impediment result from the CLIENT's sphere, the PROVIDER's claim to remuneration shall remain unaffected.
10.5 Insofar as the CUSTOMER commissions the PROVIDER with activities via the account and on behalf of the CUSTOMER, the CUSTOMER shall grant the PROVIDER a corresponding power of attorney in this respect.
10.6 The CUSTOMER is responsible for all content provided by him and must ensure that the content is not encumbered by the rights of third parties and does not violate applicable law (in particular copyright, competition, trademark, criminal, youth protection, data protection law or similar). The PROVIDER is not obliged to check the content.
10.7 The PROVIDER is entitled to carry out all appointments with the CLIENT digitally (e.g. via Zoom, Teams, Skype, Teamviewer or similar), unless the respective type of service provision requires a mandatory presence on site (e.g. the execution of photo shoots or video shoots).
10.8 The CUSTOMER is independently responsible for ensuring that the technical requirements are met in order to be able to use the offer in full. In the event of technical problems with the service provided, the CUSTOMER is also obliged to cooperate in solving the problem to the best of their ability.
11. contract term
11.1 The contract is concluded for the term agreed in accordance with the individual contractual agreement (initial term). Premature ordinary termination is excluded.
11.2 Unless explicitly agreed otherwise, the contract term shall commence upon completion of the set-up phase, at the latest one month after conclusion of the contract. The due date of an agreed set-up fee remains unaffected by this.
11.3 Unless explicitly agreed otherwise, the contract term shall be extended by the agreed initial term if it is not terminated in writing (e-mail is sufficient) by one of the parties four weeks before the end of the initial term or the respective contract extension.
11.4 The right to extraordinary termination for good cause remains unaffected.
12. terms of payment
Payment is possible by invoice and prepayment.
13 Liability for damages
13.1 The PROVIDER shall be liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions.
13.2 The PROVIDER shall be liable without limitation for damages resulting from injury to life, limb or health caused by intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER shall be liable for damages caused by intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents as well as for damages due to non-compliance with a guarantee or warranted characteristic given by the PROVIDER or due to fraudulently concealed defects.
13.3 The PROVIDER shall be liable, limited to compensation for foreseeable damage typical of the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by the PROVIDER or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
13.4 Within the limits of the above paragraphs 2 and 3, the PROVIDER shall not be liable for loss of data and programs. Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved. The PROVIDER reserves the right to object to contributory negligence. The CUSTOMER is responsible in particular for data backup and defense against malware in accordance with the current state of the art.
14 Data protection, confidentiality
14.1 The CUSTOMER is informed that the PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data shall be treated confidentially.
14.2 The PARTIES undertake to treat as confidential any information or documents from the area of the other party which become known to them in the course of the performance of the contract and which are not in the public domain or generally accessible. This confidentiality obligation shall survive the termination of the contractual relationship.
15. acceptance
15.1 Insofar as the individually agreed services are subject to the law on contracts for work and services, the following provisions shall apply.
15.2 The PROVIDER may demand acceptance from the customer after completion of a partial service.
15.3 The (partial) services of the PROVIDER to be accepted by the Customer shall also be deemed to have been accepted if the Customer does not declare acceptance of the corresponding (partial) service in writing within 7 working days at the request of the PROVIDER.
15.4. Upon acceptance, or upon deemed acceptance pursuant to Section 15.3, the compensation attributable to the relevant (partial) service becomes due.
16. copyright, trademark use
16.1 All content made available within the scope of the fulfillment of the contract is protected by copyright.
16.2 The transfer of rights is subject to the condition precedent that the CUSTOMER has fulfilled all remuneration obligations towards the PROVIDER.
16.3 The CUSTOMER grants the PROVIDER the right to use all trademarks, logos, names or other business identifiers of the CUSTOMER without restriction within the scope of the services to be provided. Deviations from this require a separate agreement.
16.4 The CUSTOMER shall grant the PROVIDER free of charge the simple right of use, unrestricted in terms of time, space and content, for the public reproduction, duplication and distribution of all designs, content and content created for the purpose of (own) advertising, in particular but not exclusively on the PROVIDER's website ("testimonial use").
16.5 The CUSTOMER shall indemnify the PROVIDER in full against any third-party claims for infringement of intellectual property and/or the use of terms, pages or content that are unauthorized and/or encumbered with third-party rights.
17. right of withdrawal
The PROVIDER concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB, so that there is no statutory right of withdrawal.
18. reference nomination
The PROVIDER may name the CUSTOMER as a reference in any medium. This also includes the naming and use of any protected trademarks, designations or logos. The PROVIDER is not obliged to name the CUSTOMER.
19 General provisions
19.1 The place of performance and exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is the registered office of the PROVIDER.
19.2 The law of the Federal Republic of Germany shall apply exclusively to all disputes, irrespective of the legal grounds, to the exclusion of all provisions of the conflict of laws that refer to another legal system.
19.3 If necessary, any additional or alternative provisions to the Agreement agreed in writing by the PARTIES shall be deemed to form part of the Agreement from the time they are signed.
19.4 The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions. In place of the ineffective clauses, that which comes closest to the economic intention in a legally permissible manner shall apply. This also applies to the supplementary interpretation of the contract.
19.5 The PROVIDER reserves the right to amend these General Terms and Conditions at any time, unless the amendment is unreasonable for the CUSTOMER. The PROVIDER shall notify the CUSTOMER of this in good time. If the CUSTOMER does not object to the new General Terms and Conditions within a period of two weeks after notification, the amended General Terms and Conditions shall be deemed to have been accepted by the CUSTOMER.
As of August 4, 2026