General Terms & Conditions

Version: 06/2015

§1 Definition, Applicability

These terms & conditions apply to all services provided by MontMedia AG. The terms „order“, „agency“ and „client“ shall be interpreted in accordance with commercial law. The Term “order” describes the contractual relationship irrespective of the type of contract involved. The term “agency” describes the legal person principally responsible for provision of services. The term “client” describes the legal person who is the principal recipient and is liable for payment of the services.

Unless otherwise confirmed in writing by the Agency, any of the Client’s terms and conditions conflicting with these General Terms & Conditions shall not be applicable.

§2 Remuneration

The Agency’s quantitative specification of the services to be provided and the remuneration payable defines the offer on an individual basis. In cases where no price is quoted for a service item, this item will be chargeable at the rate stated in the Agency’s latest pricelists, any supplementary expenses incurred by the Agency, especially when attributable to amendments or additions requested by the client, will be invoiced as supplementary items at either the agreed hourly rates or the rates stated in the Agency’s pricelists as of the date of issue of the order.

All prices are net and subject to turnover tax at the legally applicable rate. Custom duties, charges and other levies will be borne by the client, even in cases where these are demanded at a later date.

§3 Payment terms

Unless otherwise agreed, invoices fall due for payment net without any deductions within 10 days of invoice date. In case of late payments the Agency will charge an interest rate of 4% above the current market rate of discount. Claim for further damages stay explicitly reserved.

Until the full payment of the amount owed, the Agency reserves the rights to ownership of all contracted services.

§4 Making Delivery

The Agency fulfills the duty to take care, of all data, which is stored at the Agency for the length of 2 years after delivery. After expiration of the time limit the Agency is entitled to erase the delivered data.

In case of a damage caused by third parties acting as subcontractors the Agency transfers the claims of damages to the client.

§5 Secrecy

In the context of the order emerged business secrets of the client underlie the obligation of secrecy. In case the agency entitles third parties acting as subcontractors on its own invoice, the agency is obligated to instruct the involved third parties explicitly about the obligation of secrecy.

§6 Copyright, usufructuary rights, other intellectual property rights

Unless otherwise stipulated in the Agency’s quantitative specification, the client will, after payment in full of the Agency’s remuneration, acquire usufructuary rights permitting use of the advertising materials designed by the Agency for the purpose defined in the contract. In case nothing is defined by the agency, the usufructuary rights are limited to the Grand Duchy of Luxembourg. The Agency’s prior written consent must be obtained for further processing or modification of contents of advertising materials designed by the Agency. Transfer or licensing of usufructuary rights to any third party requires the Agency’s prior written consent, without which any such transfer or licensing will be null and void.

The Agency is entitled to use the advertising material designed by it for an indefinite period as an integral part of its own advertising activities on its website and on the CD-ROMs regularly produced by it for self-advertisement purposes.

The Agency will retain usufructuary rights to all drafts, sketches, outlines which have been rejected by the Client or not further developed. This also and specifically applies to those agency services and work not protected by intellectual property rights, especially copyright.

§7 Liability, Warranty

The Agency will fulfill its duty to communicate information in case there are indications of a legal conflict belonging an advertising campaign, or any usufructuary rights. Warranty claim shall not apply in the case that the client will execute the advertising campaign despite the legal-conflicting doubts of the Agency. The Agency will not be liable for usufructuary- and copyrights of designs. The Agency will not be liable for the violation of personal- and usufractuary rights of pictured objects and people, unless there exists a signed release sheet. The Agency shall generally be liable for damage resulting from its wilful act or gross negligence within the limits stipulated under the law of the Grand Duchy of Luxembourg.

§8 Withdrawel

The Agency is able to withdraw from a contract, once the Client falls behind with a foregoing invoice. In case of a withdrawel or a cancellation of the order, the Agency is eligible of all the incurred expenses.

§9 Labelling

After clearance with the Client the Agency is allowed to label the provided work with their signet. The Agency is entitled to keep 10 file copies. The agency is furthermore permitted to use every Agency’s work for their own corporate profile without any restrictions in time, place or content.

§10 Final Provision

The place of jurisdiction for all disputes between the Agency and a Client shall be the Agency’s registered office, in 5, rue Heienhaff , L-1736 Senningerberg, Luxembourg.