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General Terms and Conditions
IVIS MEDIA Berlin
Owner: Anatoli Wolf
Office
Mühsamstraße 34,
10249 Berlin
Contact
Phone: (030) 343 490 42
Email: kontakt@ivis.media
VAT ID no.: DE 313 748 594
General
IVIS MEDIA provides products and services in web development, brand development, design and marketing. In particular, these include services in the areas of consulting, development, creative work, production or commercial agency, some of which are highly personal in nature and some of which are not. These General Terms and Conditions apply to all contracts, deliveries and other services between the service provider IVIS MEDIA and customers as clients. Customers are understood to include both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB. We expressly object to any terms of the contractual partner that deviate from these terms. Individual contractual agreements take precedence over the following GTC and, together with any ancillary agreements, require written confirmation by us. The contract language is GERMAN. The service provider reserves the right to amend these GTC at any time subject to reasonable notice. Changes will be announced by email in person and the date of entry into force will be communicated. The amended GTC shall be deemed accepted unless the customer objects within two weeks of publication.
Time of conclusion of contract
All information on various services displayed on www.ivis.media, other websites or print media of the service provider is non-binding and subject to change and does not constitute a specific offer. A contract is generally only concluded when either the service provider or the customer has unconditionally accepted a last discussed draft order in writing (email is sufficient) or has paid the invoice issued following an offer as a down payment.
Remuneration / payment
All services of IVIS MEDIA are subject to remuneration. The service provider is not a member of the Artists’ Social Insurance Fund (KSK). However, the customer is advised that a levy obligation of currently 5.2% of the order value may nevertheless arise pursuant to Sections 23 et seq. of the KSVG. The customer must pay this themselves. Unless otherwise agreed before the order is placed, the following applies: 1. Net prices stated in a draft order or otherwise apply only to entrepreneurs and are quoted in EUR. They do not include statutory VAT at the current rate of 19% nor any levy obligations to the Artists’ Social Insurance Fund pursuant to Sections 23, 24 et seq. KSVG. If remuneration is based on an hourly rate, that rate is based on the current price list. 2. The service provider is entitled to demand reasonable advances at any time. If the service provider obtains quotes from third parties for the customer, the service provider is entitled to charge reasonable expenses for this, taking into account time and cost, oriented at 15% of the order value. Expenses such as travel costs, postage and telecommunications charges are billed separately. The parties shall enter into separate contractual agreements for this. The service provider will bill ongoing costs monthly or quarterly and, after completion of the order, provide a final statement. All invoices are payable immediately upon invoicing without deduction. Default occurs at the latest 14 days after invoicing and receipt by the contractual partner, without the need for a written reminder. In the event of default, interest shall be charged at 9 percentage points above the respective base interest rate pursuant to Section 247 BGB.
Warranty
Warranty claims are governed primarily by the statutory provisions of the German Civil Code (BGB).
Cancellation / early termination
Terminations of contract may only be made in writing by either party. As a rule, reasonable notice must be given, typically one month to the end of the following month. The customer may cancel an order with the service provider before work begins by written notice. In this case, the service provider is entitled to charge reasonable cancellation fees if costs are incurred due to the cancellation, e.g. preparatory work for order fulfilment and/or reservation of working time.
Set-off, right of retention
The customer may only set off claims that have been finally determined by a court or are undisputed. The customer may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
Copyright
Content provided by the service provider to the customer (including texts and photos as well as visual material, designs, templates, acoustic media, audio and film works, etc.), as well as on the websites at www.ivis.media or other websites of the service provider and the products and works distributed, insofar as they constitute works within the meaning of the Copyright Act (UrhG), are protected by copyright. The customer may not remove, falsify or imitate copyright notices, trademarks, digital watermarks or other legal reservations. All rights of use in copyrighted materials of the service provider are deemed not to have been transferred and are granted by separate agreement with customers depending on the order, or must be expressly approved by IVIS MEDIA before use by the customer. All intellectual property rights in the content of the IVIS MEDIA website or other websites of the service provider (including text, graphics, software, photos and other images, video, audio, trademarks and logos) belong to the service provider and its licensors. Downloading the content of this page does not grant the user any ownership rights. All copies (digital or hard copy), insofar as permitted by these terms, require attribution and copyright marking.
Liability / liability to third parties / exclusion of liability
1. The customer’s claims for damages are excluded unless otherwise stipulated below. This exclusion of liability also applies if the customer asserts claims against legal representatives and/or vicarious agents of the service provider. This exclusion does not apply to claims for damages pursuant to Section 309 No. 7 (a), (b) BGB due to injury to life, body or health or due to breach of material contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. Liability for damage based on intentional or grossly negligent breach of duty by the service provider, its legal representatives or vicarious agents is also unaffected. Statutory provisions remain otherwise unaffected. Notwithstanding other provisions, this limitation applies to all users who are not acting as consumers: in cases of liability, compensation may not exceed the total amount of all payments received, to be received or that would be received by the provider under the contract within 12 months from the user, or the duration of the contract if shorter than 12 months. Within these limits, the provider is in particular not liable for: • losses unless directly caused by a breach of these GTC by the provider; • loss of business opportunities and any other indirect loss the user may suffer (such as trading losses, revenue shortfalls, loss of income, lost profits or expected savings, loss of contracts or business relationships, reputational harm or loss of goodwill, etc.); • damage or loss arising from disruptions or failures of the service (the application or website) if due to unforeseeable events or force majeure outside the provider’s control, such as failures of telephone or power lines, the internet and/or other transmission paths, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the provision of third-party products, services or applications; • all damage, impairment or loss caused by viruses or other malware contained in or linked to files made available for download via the internet or through this application. Users are responsible for appropriate protective measures—such as antivirus software and firewalls—to prevent such infections or attacks, and for backing up all data or information exchanged or uploaded through this application. Resale Users may not reproduce, duplicate, copy, sell, resell or otherwise use this application or the service in any way without the provider’s explicit prior written consent—either directly or through a lawful reseller programme. The customer simultaneously assumes responsibility for the accuracy of text and images upon approval of drafts, final artwork or clean copies. The customer indemnifies IVIS MEDIA against liability and/or must hold IVIS MEDIA harmless if third parties (non-contractual parties) assert claims that could be based, inter alia, on infringements (copyright, trademark and design law, competition law, etc.) insofar as works (image, text, sound, etc.) are provided by the customer. For clarity, IVIS MEDIA does not check for possible infringements of materials provided before processing.
Use of work as a reference
Unless expressly excluded, the service provider has the comprehensive, unlimited right in time and place, without the customer’s separate consent, to use drafts, designs and layouts produced for the customer in the course of the order as references in presentations, on websites or on social media channels for self-presentation/advertising.
Service interruptions
To ensure an optimal service, the provider reserves the right to temporarily interrupt the service for necessary maintenance, system updates or other required adjustments. Users will be informed of such interruptions in good time. Under applicable law, the provider may also suspend or discontinue the service entirely. If the service is discontinued, the provider will offer users the opportunity to secure their personal data or information in accordance with applicable law. Any legal claims of users to continuation of the service and/or compensation under applicable law will also be taken into account. Furthermore, the service may be unavailable due to circumstances beyond the provider’s control (e.g. force majeure). This may be the case, for example, in the event of infrastructure or power supply failures.
Privacy notice
The service provider uses customer master data exclusively to process order requests. All customer data is stored and processed in compliance with the relevant provisions of federal data protection law (BDSG) and the Teleservices Data Protection Act (TDDSG). The customer has the right at any time to free information, correction, blocking and deletion of stored data. Please send your request by email to kontakt@ivis.media. For full contact details and the full privacy policy, please see the website “www.ivis.media”.
Place of jurisdiction and performance
The place of performance and jurisdiction for both parties is the place of business (registered office) of the service provider IVIS MEDIA – Anatoli Wolf, Mühsamstraße 34, 10247 Berlin, if the customer is a merchant or entrepreneur. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Changes to these GTC
The provider reserves the right to update or amend these General Terms and Conditions at its discretion. In such cases, the provider will notify users of the changes appropriately. The changes take effect from the time the provider has informed users thereof. Continued use of the service after such changes constitutes the user’s acceptance of the new GTC. If users do not wish to accept the amended terms, they should stop using the service and may terminate their contract. If the revised terms are not accepted, either party is free to terminate the contract. For use before the user consents to the changes, the GTC valid at that time apply. Users may obtain earlier versions of the GTC from the provider upon request. Where legally required, the provider will inform users in advance of the entry into force of the amended terms.
Dispute resolution
Amicable dispute resolution Users may contact the provider directly regarding any disagreements; the provider will endeavour to resolve them amicably. Users’ right to take legal action remains unaffected. In disputes regarding use of this application or service, users should contact the provider using the contact details given in this document. Complaints, including a brief explanation and, where applicable, details of the related order, purchase or account, should be sent to the email address provided by the provider in this document. The provider undertakes to process such requests within 2 days of receipt. Online dispute resolution for consumers The European Commission has set up a platform for alternative dispute resolution for the settlement of online contractual disputes with consumers. This platform enables out-of-court resolution of such disputes. Consumers from the EU, Norway, Iceland or Liechtenstein may use this platform for disputes arising from contracts concluded online. Access to the platform is available here: https://consumer-redress.ec.europa.eu/site-relocation_en
EU users
If any part of these GTC should be legally ineffective, invalid or unenforceable, the parties shall endeavour to reach an amicable agreement containing valid and enforceable clauses to replace the problematic parts. If this is not possible, the ineffective, invalid or unenforceable provisions shall be replaced in accordance with applicable law, where permitted and provided for by applicable law. Notwithstanding the above, the ineffectiveness, invalidity or unenforceability of individual clauses of these GTC does not affect the validity of the entire agreement, except where essential contractual clauses are involved or clauses so significant that the parties would not have concluded the contract had they known of the issue with the clause. If the remaining provisions impose a disproportionate burden on one party, the entire agreement shall be void.
Severability
Should a provision of these GTC be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Last updated: 12 November 2023