Terms and Conditions

1. Scope
   1.1. These General Terms and Conditions (GTC) apply exclusively to all contracts concluded between Richard Ebert and the client. Conflicting terms or terms deviating from these GTC do not become part of the contract unless Richard Ebert has expressly agreed to their application in writing.
   1.2. Richard Ebert and the client will not make oral collateral agreements.

2. Fees; due date
   2.1. Richard Ebert is entitled to appropriate and customary remuneration.
   2.2. The preparation of concepts and project sketches is always subject to a fee unless expressly agreed otherwise in writing.
   2.3. 50% of the agreed fixed portion of the fee is due upon the client’s acceptance of the offer, and the remaining 50% upon delivery of the result. If the result is created and delivered in parts, the corresponding partial fee is due upon delivery of the first part, unless expressly agreed otherwise in writing. If the execution of an assignment extends over a longer period, Richard Ebert may request advance payments in line with the work performed.
   2.4. All fees are net amounts, payable plus statutory VAT, without deduction, within two weeks of the due date.

3. Additional services; ancillary and travel costs
   3.1. Additional services, such as the modification, creation and presentation of further presentations or concepts as well as other additional services (monitoring the implementation of projects, etc.), must be agreed separately and are as a rule charged separately on a time-and-materials basis.
   3.2. Ancillary costs incurred in connection with the performance of the assignment (e.g. procurement of chargeable documents, etc.) are to be reimbursed by the client.
   3.3. The client reimburses Richard Ebert for the costs and expenses of travel that is necessary, after prior agreement, for the execution and fulfilment of the assignment.
   3.4. Remuneration for additional services is due after they have been provided. Ancillary costs advanced are to be reimbursed as they arise. Remuneration and ancillary costs are net amounts.

4. Third-party services
   4.1. Richard Ebert commissions any third-party services that may be required for the performance of the assignment or for the use of the works to the extent agreed in the contract, after prior agreement, in the name and for the account of the client. The client is obliged to grant Richard Ebert the corresponding written authority to do so.
   4.2. Where Richard Ebert, at the client’s instigation, commissions third-party services in his own name and for his own account in an individual case, the client is obliged to pay an appropriate advance for the expected costs. The client indemnifies Richard Ebert internally against all liabilities, in particular all costs, arising from the conclusion of the contract.

5. Client’s cooperation; creative freedom
   5.1. The client is obliged to make available to Richard Ebert, in good time and to the agreed extent, all documents necessary for the performance of the assignment. Richard Ebert is not responsible for delays in the execution of the assignment that are due to the late or incomplete handover of such documents.
   5.2. The client warrants that it is entitled to use all documents that it makes available to Richard Ebert. The client is also solely responsible for the accuracy and completeness of the documents it provides. If the client is not entitled to use them or if the documents are not free from third-party rights, the client indemnifies Richard Ebert internally against all third-party claims for compensation.
   5.3. Richard Ebert has creative freedom within the scope of the assignment. To that extent, complaints regarding the approach and regarding contact with third parties are excluded.

6. Disclosure of data, performance of the assignment, warranty
   6.1. If Richard Ebert makes files or data available to the client, these may only be used to the agreed extent.
   6.2. An assignment is deemed fulfilled when Richard Ebert hands over the results to the client.
   6.3. Richard Ebert accepts no warranty for possible services of third parties towards the client that may have been formulated as a goal in the assignment.
   6.4. Claims of the client against Richard Ebert based on a breach of duty become time-barred one year after the statutory start of the limitation period.
   6.5. With the exception of a possible fault in selection, Richard Ebert is not liable for assignments for third-party services that Richard Ebert commissions to third parties in agreement with the client.
   6.6. Where Richard Ebert commissions third-party services at the client’s instigation in his own name and for his own account, Richard Ebert hereby assigns to the client all warranty, compensation and other claims to which he is entitled against the third-party company for defective, late or non-performance.

7. Information on data collection pursuant to Art. 13 GDPR
   Richard Ebert collects personal data of the client solely for the purpose of performing the contract and fulfilling contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. Personal data is not passed on to third parties. The client is entitled to request information about the data stored by Richard Ebert concerning the client and, if the data is incorrect, to request its correction, or, if the data is stored unlawfully, to request its deletion. The client can contact Richard Ebert for this purpose at re@richardebert.eu or Kraelerstraße 6, 81373 München. The client also has the right to lodge a complaint with the supervisory authority.

8. Final provisions
   8.1. The place of performance and jurisdiction is Munich if the client is a merchant and the contract belongs to the operation of the client’s commercial business, or if the client is a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany. Richard Ebert is also entitled to bring an action at the client’s registered office.
   8.2. The law of the Federal Republic of Germany applies.
   8.3. Where these GTC require a declaration to be in writing, that requirement is also met by text form pursuant to § 126b of the German Civil Code (BGB) by email.
   8.4. If any provision of these GTC is wholly or partly invalid, the validity of the remaining provisions remains unaffected.

Munich, March 2021