1. General

The following general terms and conditions (GTC) are part of all contracts (in written and electronic form) with the company:

NEROPIX Mediendesign UG (limited liability)

Stettiner Straße 13
D-35789 Weilmünster

2. Scope

NEROPIX Mediendesign UG (limited liability) (hereinafter referred to as NEROPIX) provides all deliveries and services exclusively on the basis of these general terms and conditions.

The terms and conditions also apply to future business relationships without further express agreement. Differing terms and conditions of the customer do not become part of the contract unless they are expressly accepted in writing by NEROPIX. The execution of services by NEROPIX does not constitute acceptance of the customer’s conditions.

3. Placing an order

The offers from NEROPIX mentioned in brochures, price lists, catalogs, circulars and other printed materials are non-binding and subject to change.

NEROIX makes a contract offer at the customer’s request and is bound to this contract offer for 30 days.

NEROPIX reserves the right to make improvements or changes to the contractually agreed services, provided that this is reasonable for the customer and the customer does not suffer any significant disadvantage as a result.

4. Conclusion of contract

Orders are accepted with a written order confirmation by letter, fax or electronic order confirmation by email under the conditions of these terms and conditions.

Oral special conditions require written confirmation to be effective.

5. Order process

After receiving the written order confirmation from the client, NEROPIX starts work and creates a corresponding sample draft or layout.

Websites are made available to the client for review and acceptance. The client has the right to request changes or improvements after viewing the draft or (if the client absolutely does not like the draft) can request a second sample.

Any requests for changes beyond this will result in the additional costs incurred being billed based on the agreed hourly or daily rate.

6. Delivery time and appointment arrangements

Delivery dates and appointment arrangements must be agreed upon. If the client requests changes to the order after the order has been placed that affect the production time, the delivery time will be extended accordingly.

7. Acceptance

NEROPIX will inform the customer when the contractual service has been fully provided and can be accepted. If an order is contractually divided into phases, acceptance is possible at the end of each phase.

After receiving the declaration of completion, the customer is obliged to accept the contractual service immediately and may not refuse it for design-related or artistic reasons. There is freedom of design within the scope of the order.

The services provided are deemed to have been accepted in accordance with the contract without an express declaration and will be invoiced if the customer does not submit a declaration of acceptance within 10 working days of the completion declaration being sent (also in electronic form) and does not comment in any other way.

8. Payment terms

The agreed remuneration is due net and without deductions within 14 days of the invoice date in accordance with the applicable price list, individual offers submitted or special written agreements made.

In the event of late payment, NEROPIX may demand default interest of 6% above the respective base interest rate of the European Central Bank per annum. The assertion of proven higher damage remains unaffected, as does the client’s right to prove a lower charge in individual cases.

9. Obligations of the customer

The customer is obliged to provide the necessary data in a timely manner and in a form suitable for the order. This includes in particular the content to be entered for the websites to be created.

If NEROPIX provides the customer with drafts and/or test versions, specifying a reasonable period of time to check for accuracy and completeness, the drafts and/or test versions are deemed to have been approved upon expiry of the period, provided that NEROPIX does not receive a written request for correction.

10. Retention of title

NEROPIX retains ownership of the deliveries and services provided until all claims from the current business relationship have been settled in full.

If the customer defaults on payment, NEROPIX can – without prejudice to other rights – withdraw from the contract and demand the return of the service provided.

11. Copyrights and references

NEROPIX is the legal owner of the services covered by the contract. All designs and the work created by NEROPIX are protected by copyright, but are aimed at granting rights of use to the work. By paying the fee, the customer generally acquires unrestricted rights of use.

The scope of the customer’s exploitation and usage rights can be extended by individual contract.

Customer suggestions used for the work do not constitute co-authorship. The customer is obliged to accept all protective notices such as copyright notices and other legal reservations unchanged.

The customer is obliged to ensure the legal usage rights for the image and text elements provided. NEROPIX accepts no liability for non-compliance with copyrights.

12. Provision of storage space and domain names

For all points relating to the provision of storage space and domain names, we refer to the terms and conditions of the respective web host / provider.

If the customer applies for the provision of a de. domain, he undertakes to comply with the allocation guidelines of the responsible “DENIC eG” (= German domain registration authority). The allocation guidelines of DENIC eG for domain registration can be viewed at www.denic.de.

For all other domain registrations, the allocation guidelines of the relevant registration authorities are decisive. The customer will inform himself about these and accept them.

13. Warranty and defects

NEROPIX undertakes to carry out the order with the greatest possible care, in particular to treat templates, documents, samples, etc. provided with care.

NEROPIX undertakes, in the event of inadequate performance, to make repairs free of charge at its own discretion. If the repair fails (e.g. in the case of impossibility due to negligence), the client cannot claim damages, except in the case of intent or gross negligence, but can only demand a reduction in the price or, in the case of impossibility due to no fault of the client, cancellation of the contract.

NEROPIX expressly points out that the software products used or deployed for the order may contain security risks. NEROPIX is not liable for damages or defects caused by the software used.

14. Liability

NEROPIX is liable for the professional and careful provision of services and for the absence of defects in the contractual services.

1.748 / 5.000
NEROPIX is liable for intent and gross negligence. NEROPIX is only liable for minor negligence in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, as well as in the event of damage resulting from injury to life, body or health of persons in accordance with the Product Liability Act.

The client guarantees that the content and information provided by him does not illegally infringe the rights of third parties. He hereby releases NEROPIX from any claims in this context and reimburses him for the reasonable costs of legal defense.

15. Data protection and confidentiality

If data is transmitted to NEROPIX – regardless of the form – the customer creates backup copies.

We would like to point out that personal data is stored as part of the contract execution. We process personal data in accordance with the provisions of EU Regulation 2016/679 – the so-called General Data Protection Regulation.

NEROPIX undertakes not to exploit or disclose to third parties any business and trade secrets or confidential information of the client and its clients that became known during its work for the client without the prior consent of the client. The same applies to the documents and knowledge provided to the client.

In addition, the contracting parties agree to maintain confidentiality with regard to the contents of the contract and knowledge acquired during the contract execution.

The confidentiality obligation also applies after the termination of the contractual relationship.

16. Rights of third parties

The customer assures that the content provided by him does not violate legal prohibitions or common decency, and that no rights of third parties are violated.

If these obligations are violated, NEROPIX is entitled to terminate the contract without notice. The customer is liable for direct and indirect damages resulting from the violation of the aforementioned obligations, including financial loss.

17. Self-promotion

The customer agrees that NEROPIX services and deliveries, even if they are based on customer templates, may be used publicly as a reference, included in a reference list for advertising purposes and appropriate links may be provided.

18. Place of jurisdiction

Unless the order confirmation states otherwise, Weilburg is the place of jurisdiction. The law of the Federal Republic of Germany applies.

19. Final provisions

If individual provisions of the contract and/or these general terms and conditions are or become invalid, this does not affect the validity of the remaining provisions.

In place of any invalid provision, a replacement provision shall apply that corresponds to the purpose of the agreement or at least comes close to it, as the parties would have agreed to achieve the same economic result if they had known that the provision was invalid. The same applies to incompleteness.

Status: March 11, 2024