Legal
Terms & Conditions
§ 1 Scope
These general terms and conditions apply to all contracts concluded between the provider (Damian Foik, trading as Produser Medialogistics — the “Provider”) and the client (the “Client”) for consulting, content-pipeline architecture and build services, training and educational programmes, and research and advisory engagements, unless otherwise agreed in writing. Conflicting terms of the Client apply only if expressly acknowledged in writing.
Where the Client is a consumer within the meaning of § 13 BGB, the Client's statutory rights remain unaffected; these terms apply in addition.
§ 2 Formation of contract and Client cooperation
A contract is formed by the Provider's written order confirmation or by the Client's written order. The Client provides all information, materials, and access necessary for performance in good time and in full — including objectives, scope, source materials, terminology, relevant systems, and intended use. Where deliverables depend on the Client's own data, tools, or environments, timely cooperation is a precondition for performance.
§ 3 Performance of services
Services are performed with due care and in accordance with the principles of proper professional practice. The Provider's services are advisory, architectural, educational, and developmental in nature. The Provider owes the diligent performance of the agreed services, not the achievement of a specific commercial result; decisions taken by the Client on the basis of deliverables, findings, or training remain the Client's responsibility. Specific requirements as to form, format, or delivery must be stated in advance.
§ 4 Remuneration and payment
Remuneration is determined by the nature, scope, complexity, and urgency of the service, in accordance with the agreed prices or, absent an agreement, customary and reasonable rates. Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction. The Provider may agree fixed-fee, fixed-scope engagements (for example, an Audit) and may invoice in instalments for longer engagements.
§ 5 Deliverables, revisions, and defects
Notices of defect must be raised in writing within 14 days of receipt of the deliverable, describing the defect specifically. In the case of a justified defect notice, the Provider has the right to cure (rework). Minor deviations that do not impair the agreed use do not constitute a defect.
§ 6 Intellectual property and rights of use
The Provider retains all rights to its methodologies, frameworks, templates, know-how, and any materials existing before or developed independently of the engagement. Upon full payment, the Client receives a non-exclusive, non-transferable right to use the deliverables produced specifically for the Client for the Client's own business purposes. The Provider remains free to use the general knowledge, methods, and experience gained in the course of the engagement for other purposes.
§ 7 Confidentiality
The Provider treats as confidential all non-public information of the Client that becomes known in the course of the engagement, and uses it only for the purpose of performing the contract. The same obligation applies to the Client with respect to the Provider's non-public methods and materials. This obligation continues after the engagement ends.
§ 8 Liability
The Provider is liable without limitation for intent and gross negligence, and for injury to life, body, or health. For slight negligence, the Provider is liable only for breach of a material contractual obligation (an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Client regularly relies), and in that case the liability is limited to the foreseeable damage typical for this type of contract. Any further liability is excluded. The above limitations do not apply to mandatory statutory liability.
§ 9 Final provisions
The place of performance and jurisdiction is, to the extent legally permissible, the Provider's registered seat. The law of the Federal Republic of Germany applies; the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht / CISG) is excluded. Amendments to these terms must be made in writing. Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected.
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