General Terms and Conditions
Terms & Conditions
1. General
1.1 The following terms and conditions apply to all offers and services of Personal Journey Marketing GbR (also known as "Psjn Marketing"). We do not recognize any terms and conditions of the client that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery or order processing to the client without reservation despite knowing that the client's terms and conditions conflict with or deviate from our terms and conditions.
1.2 These business relationships also apply to all future transactions with the client, even if they are not expressly agreed again.
2. Scope of services and processing
2.1 Texts and photos, provided they are to be used by us and are not created by us, will be sent to us free of charge. We require texts to be used in digital form. For this purpose, they can be provided by email or on data storage media.
2.2 Image and graphic material as well as text material that is made available to us should be free of third-party rights. Psjn Marketing does not provide any legal guarantees if its material was made available by the client. Claims from third parties are passed directly to the client. Any costs that arise from legal disputes with authors or their representatives are borne by the client. Material used by us will be returned to you free of charge after use by us upon request. Any further use of our work by other agencies, even unknown ones, is prohibited without prior written permission. Other agreements must be made in writing.
2.3 Clients receive the rights of use for texts, graphics, images and videos as well as for programmed products, e.g. websites or newsletters, for the agreed purpose and the agreed period of use. For texts, images and videos, the use refers to the type of use, media, distribution areas and editions. For programming codes, the right of use always applies for the agreed period, unless otherwise agreed. Any use by the client beyond this period requires a written agreement. As a rule, additional costs are incurred for this, for which the client must request a corresponding offer.
3. Reference
3.1 We require your consent to include your company in our reference list (brochures, agency website, etc.). For printed brochures and magazines, we also ask that you include your company in the imprint. For internet projects, we ask that you name your company and link to our homepage. Unless otherwise agreed, this is deemed to be agreed.
4. Approvals and improvements
4.1 All work must be approved in writing by the client. By granting approval, the client assumes full responsibility and liability for the work carried out. The agency assumes no liability for advice. The right to two rectifications, especially for third parties commissioned by the agency, must be preserved.
5. Termination of the cooperation
5.1 If the collaboration is terminated by the customer before the entire order or work is completed, the amount ordered must be paid to Psjn Marketing without deduction. Contracts for ongoing collaboration, the project duration of which was agreed from the outset to be limited, run for the contractual minimum term and can be terminated with a notice period of three months to the end of the term. If the contract is not terminated at this time, it is automatically extended by the agreed term, unless otherwise agreed. All other agreements must also be in writing.
6. Post-calculation
6.1 During order processing, we document the time required for individual activities and, if necessary, ask for an update of the offer if the actual effort due to special requests arising during the project differs significantly from that calculated by us before the order was placed. In particular, if the scope of services and/or work changes after the order has been placed, we are entitled to invoice the client for the additional effort involved.
7. Payment terms
7.1 Invoices are due WITHIN 7 days After receipt of the invoice, the money must be transferred to our account WITHOUT deductions and, especially for transfers from abroad, free of charge. If your company or institution is exempt from VAT, we ask for a copy of the exemption certificate when placing the order. If the client is not based in Germany, we require the international tax number when placing the order. The VAT may not be shown on the invoice depending on the company's registered office.
7.2 Regular services, contracts and contact fees are billed monthly and in advance, unless otherwise agreed. Smaller projects and individual services are invoiced after approval, completion or delivery and invoicing by service providers or suppliers commissioned by the agency. For individual projects over EUR 10.000,00, invoicing takes place in two to three stages (order placement, completion of 50% and handover of the finished project).
8. External costs
8.1 The agency is legally obliged to pay contributions to the artists' social insurance fund when commissioning external artists. For services that artists provide for a client on behalf of the agency, these contributions are paid by the agency and passed on to the client without any surcharge.
8.2 We charge a surcharge of 15% for goods purchases and external services in kind that are explicitly to be provided. Unless otherwise agreed, the surcharge covers, among other things, the costs of obtaining offers and coordinating with suppliers, payment transactions and debt collection. This surcharge is standard market practice for agencies. We show this commission transparently in the course of the invoicing. For advertisements and other media services where we as an agency are automatically granted an agency discount of 15%, we also show extracts from the invoicing. Any additional discounts and price reductions that we can obtain for our clients through negotiations are passed on directly to the client.
9. Travel expenses
9.1 For journeys by car outside Neukirchen-Vluyn, we charge EUR 0,75 per kilometer driven in addition to the working time.
9.2 We will charge for journeys by train, taxi or public transport against receipt of travel expenses.
9.3 Travel to the client’s premises to discuss projects and tasks will not be charged unless otherwise agreed or will be agreed as a flat rate to be negotiated.
10. Place of jurisdiction and applicable law
10.1 The law of the Federal Republic of Germany applies. The place of jurisdiction is the registered office of Personal Journey Marketing GbR.
11. Severance clause
The invalidity of individual provisions of this agreement does not affect the validity of the remaining agreements. (§ 306 | BGB) Instead of the invalid provision, the provision is deemed to have been agreed or the contracting parties undertake to agree on the provision that comes closest to the will of the parties and the meaning and purpose of the invalid provision. (§ 307 | BGB)
12. Customer Service and Complaints
12.1 If you have any questions or complaints, you can contact us at any time by reach us by email or phoneWe do everything we can to address your concerns as soon as possible to clarify.
13. Changes to the Terms and Conditions
13.1 Changes to these General Terms and Conditions will be communicated to the Client in writing. They are deemed to be accepted if the Client does not object in writing within 14 days of receiving the notification.
