{"id":6480,"date":"2020-05-30T15:13:58","date_gmt":"2020-05-30T13:13:58","guid":{"rendered":"https:\/\/magic.magic-holo.com\/gtc\/"},"modified":"2024-10-02T11:38:32","modified_gmt":"2024-10-02T09:38:32","slug":"gtc","status":"publish","type":"page","link":"https:\/\/magic-holo.com\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"

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GENERAL TERMS AND CONDITIONS (GTC)<\/p><\/h1><\/span>

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MAGIC 3D<\/h6>\n<\/div>
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General Terms and Conditions<\/h2>\n<\/div>
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The following contractual General Terms and Conditions (hereinafter “GTC”) shall form the basis for a trusting and effective cooperation between MAGIC 3D, the innovation division of Mangold & Mangold Unternehmenskommunikation GmbH & Co. KG, Prinzenstra\u00dfe 5, 55218 Ingelheim am Rhein (hereinafter “Mangold & Mangold”) and its customers.<\/span><\/p>\n

The MAGIC 3D division is aimed at business customers and includes agency services in the areas of consulting, development and realization for holography, VR, AR and 3D mapping projects – in addition to all sales and rental services within the scope of the respective project implementations.<\/span><\/p>\n

Status: 18.11.2019<\/span><\/p>\n

Part 1: Scope, definitions and basis of the contract.<\/span><\/p>\n

Part 2: Development, agency, maintenance and consulting services.<\/span><\/p>\n

Part 3 Rental services.<\/span><\/p>\n

Part 4 Warranty and liability.<\/span><\/p>\n

Part 5 Remuneration and billing.<\/span><\/p>\n

Part 6 Termination.<\/span><\/p>\n

Part 7 Confidentiality, non-solicitation, amendments to the GTC and final provisions.<\/span><\/p>\n<\/div>

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PART 1: Scope, definitions and basis of the contract<\/span><\/strong><\/h4>\n

1. scope of application<\/strong><\/span><\/p>\n

a) The GTC form an integral part of the contracts concluded between Mangold & Mangold and the customer together with follow-up orders of the same type and form the basis of the services provided by Mangold & Mangold.<\/span><\/p>\n

b) The GTC shall apply in the version valid at the time the contract is concluded.<\/span><\/p>\n

c) Individual agreements between the contracting parties that deviate from these GTC shall take precedence over these GTC if they have been expressly agreed.
\nThis also applies to the waiver of the written form requirement. <\/span><\/p>\n

d) Individual agreements, order and service descriptions, tariffs, SLAs, in each case if provided, are part of the contract and take precedence over these GTCs.<\/span><\/p>\n

e) Deviating general terms and conditions of the customer only apply if Mangold & Mangold has expressly agreed to them.
\nFailure to reject conflicting and communicated general terms and conditions of the customer does not constitute consent. <\/span><\/p>\n

f) Mangold & Mangold is entitled to agree the validity of additional GTC for additional and separate services.
\nThe additional GTC shall be made clearly recognizable to the customer.
\nIf the additional GTC contradict these General Terms and Conditions, the additional GTC shall take precedence. <\/span><\/p>\n

2. definitions<\/strong><\/span><\/p>\n

a) Content<\/strong> – The term “content” used in the following refers to all content and information, such as photographs, graphics, logos, videos, texts, source codes, 3D data, information about places and persons or links.<\/span><\/p>\n

b) Software<\/strong> – “Software” refers to executable programs and the associated functions, data and design elements.
\nSoftware includes application programs, applications and websites. <\/span><\/p>\n

c) Continuing obligation contracts<\/strong> – These are contracts that are concluded for a definite or indefinite term, e.g. rental agreements.<\/span><\/p>\n

d) Contracting parties<\/strong> – The term summarizes the customer and Mangold & Mangold.<\/span><\/p>\n

e) Work<\/strong> – The term “work” refers to the result of Mangold & Mangold’s performance, in particular the advertising material, concepts, software or content created within the scope of this contract.<\/span><\/p>\n

f) Goods<\/strong> – The term “goods” refers to items that are the subject of Mangold & Mangold’s services and are provided to the customer primarily in the context of sales, rental or manufacturing services.<\/span><\/p>\n

3. offers and their acceptance<\/strong><\/span><\/p>\n

a) Descriptions and illustrations on websites, brochures, etc. do not constitute binding offers.<\/span><\/p>\n

b) Contract inquiries (including order and other service inquiries) to Mangold & Mangold do not establish a contractual relationship with Mangold & Mangold until they have been accepted.
\nMangold & Mangold reserves the right to reject contract inquiries. <\/span><\/p>\n

c) Offers from Mangold & Mangold are valid for 14 days, unless otherwise stated, subject to interim letting.<\/span><\/p>\n

4. supplements\/change requests and additional expenses<\/strong><\/span><\/p>\n

a) Addenda (also referred to as “change requests”) are orders that significantly supplement, extend or change the original service agreement.
\nThe services provided by Mangold & Mangold on the basis of the client’s addenda are to be remunerated separately as a lump sum or time-based fee in accordance with the agreement on the addendum. <\/span><\/p>\n

b) All services of Mangold & Mangold which are based on subsequent requests for changes by the customer or where the circumstances communicated by the customer change after Mangold & Mangold has submitted an offer or after the conclusion of the contract are deemed to be additional work which is to be paid for separately in accordance with the offer.
\nThis applies in particular if, after (partial) acceptance of its services, Mangold & Mangold makes changes at the customer’s request which relate to services that have already been accepted.
\nThis also applies if acceptance has not yet taken place although the conditions for acceptance have already been met. <\/span><\/p>\n

c) Mangold & Mangold is entitled to prepare a quotation for the additional costs.
\nMangold & Mangold is obliged to prepare such an offer if the originally agreed remuneration is exceeded by more than 25%, unless remuneration on a time and material basis has been agreed or the customer expressly waives a separate offer. <\/span><\/p>\n

d) Mangold & Mangold shall pause work on the services affected by the offer until a decision has been made on the acceptance or rejection of the offer by the customer in connection with supplements\/change requests or additional costs.
\nAgreed delivery deadlines shall be extended accordingly. <\/span><\/p>\n

e) Mangold & Mangold is not obliged to comply with the customer’s requests for changes and additions that relate to services that have already been accepted.
\nThis also applies if the conditions for acceptance in accordance with these GTC or contractual agreements are met, but acceptance by the customer has not yet taken place. <\/span><\/p>\n

5. place and time of the activity<\/strong><\/span><\/p>\n

a) Mangold & Mangold is free to choose the time and place of execution of the agreed individual orders.<\/span><\/p>\n

b) Mangold & Mangold has the right to use subcontractors to fulfill this contract, provided that this does not conflict with any contractual obligations, in particular the obligation to provide services directly by Mangold & Mangold (e.g. due to its expertise) or the obligation of confidentiality and data protection.<\/span><\/p>\n

c) If subcontractors are not vicarious agents of Mangold & Mangold, Mangold & Mangold acts as a representative within the scope of the legal relationship between the customer and the subcontractor or, in the case of the mere forwarding of declarations of intent, as a messenger.
\nThe general terms and conditions of the subcontractor concerned apply in each case.
\nMangold & Mangold accepts no liability for orders placed by the customer with third parties. <\/span><\/p>\n

d) The employees of Mangold & Mangold do not enter into an employment relationship with the customer.
\nThe customer shall issue instructions exclusively to the responsible employees designated by Mangold & Mangold, with effect for and against Mangold & Mangold. <\/span><\/p>\n

6 Deadlines and dates<\/strong><\/span><\/p>\n

a) Deadlines and dates are only binding if Mangold & Mangold expressly agrees to a deadline or date.<\/span><\/p>\n

b) Bindingly agreed delivery dates shall be deemed to have been met if the goods have been handed over to the shipper on the agreed date.<\/span><\/p>\n

c) Mangold & Mangold is not responsible for delays in performance due to force majeure or circumstances within the customer’s sphere of application (failure to provide content on time, etc.) and Mangold & Mangold is entitled to postpone the provision of the affected service for the duration of the hindrance\/delay plus a reasonable period of time.
\nIn return, Mangold & Mangold undertakes to notify the customer of delays in performance due to force majeure. <\/span><\/p>\n

7. deliveries<\/strong><\/span><\/p>\n

a) If Mangold & Mangold engages a transport company for the delivery of goods, the risk passes to the customer as soon as the consignment has been handed over to the person responsible for the transport or has left the premises of Mangold & Mangold or of the supplier engaged for the purpose of dispatch.<\/span><\/p>\n

b) If the goods are insured by Mangold & Mangold against loss and damage as part of the delivery, the customer may declare in writing to Mangold & Mangold that he does not wish to make use of the insurance.
\nIn this case, the customer bears the full risk of transportation. <\/span><\/p>\n

c) The customer must notify the deliverer (forwarding agent\/postman) immediately of any externally visible transport damage and obtain a receipt from the latter.
\nOtherwise, claims for compensation by Mangold & Mangold are excluded. <\/span><\/p>\n<\/div>\n<\/div>

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PART2: Development, agency, maintenance and consulting services<\/strong><\/span><\/h4>\n

8. order description<\/strong><\/span><\/p>\n

a) Mangold & Mangold’s services include development and agency services, which include the creation of new designs, software and content, as well as analysis and consulting services.
\nThe concrete specifications of the respective contractual service, its scope, areas of application, framework conditions, functions, documentation as well as the time and schedule are set out in the order description on which the respective service is based. <\/span><\/p>\n

b) There are no specifications for the order description; it can also take the form of an offer, an order description or a specification sheet, for example.
\nThe order description must be sufficiently detailed for the respective service as is customary in the industry.
\nIn the case of agile projects, the defined (and, if necessary, subsequently adapted) framework specifications (i.e. values, principles and methods) as well as the functions and project descriptions defined in the context of agile development (usually iterative) shall apply.
\nThe customer shall inform Mangold & Mangold immediately of any gaps in detail and shall support Mangold & Mangold to the best of its ability in providing the necessary further detail. <\/span><\/p>\n

c) If the order description is inadequate or if its scope is doubtful in certain cases, the services to be provided shall comprise the tasks customary in the industry which are necessary to fulfill the agreed contractual purpose.<\/span><\/p>\n

d) Subsequent changes to the order description require the express confirmation of the respective contractual partner in order to be effective.<\/span><\/p>\n

e) If the contractual services serve to achieve an expressly agreed specific success (e.g. creation of a specific work, achievement of certain success figures), this is a contract for work.
\nOtherwise it is a contract for services. <\/span><\/p>\n

f) User training, documentation, instruction, installation and maintenance are not part of Mangold & Mangold’s services and must be agreed separately.
\nUnless expressly agreed otherwise, Mangold & Mangold is also not obliged to provide storage space (hosting) or to procure an Internet domain or access to the Internet (access providing). <\/span><\/p>\n

9. maintenance and services<\/strong><\/span><\/p>\n

a) The pure ongoing maintenance and services do not include consulting and further development.
\nA separate agreement must be concluded for these services.
\nThese are services that go beyond maintaining the functionality of the software and the agreed updates to the current version and relate, for example, to additional functionality, other areas of application or individual customization in terms of appearance or content. <\/span><\/p>\n

b) Ongoing maintenance and services also do not include adjustments due to technical changes that result in essential functions or interfaces of the software having to be essentially recreated.
\nThis includes, in particular, changes to the system architecture and environment made by the customer or third parties that were not foreseeable when the contract was concluded. <\/span><\/p>\n

c) For plannable work, an appropriate date can be found together with sufficient advance notice that restricts the availability of the system as little as possible.
\nIn principle, the execution of plannable work is agreed with the customer 3 days in advance.
\nWork and activities are considered plannable if they are known in advance and are not time-critical, but the system may only be available to the customer to a limited extent or not at all for a certain period of time. <\/span><\/p>\n

10. cooperation and obligations to cooperate<\/strong><\/span><\/p>\n

a) The contracting parties shall work together in a spirit of trust and shall inform each other immediately in the event of deviations from the agreed procedure or doubts about the correctness of the other party’s procedure.<\/span><\/p>\n

b) The customer undertakes to support Mangold & Mangold in the performance of its contractual obligations.
\nThis includes in particular the timely provision of information and data material, insofar as the customer’s cooperation services require this.
\nThe contracting parties shall agree, at the latest before the end of the concept phase, on the form and quality in which Mangold & Mangold’s customer will provide the content to be integrated.
\nIt must be agreed whether the content is to be provided by the client in digital, printed or other form. <\/span><\/p>\n

c) If the provision of content by the customer in digital form has been agreed, this content must be provided in file formats and programming languages that correspond to the current state of the art.
\nThe quality of the content must be appropriate to the purpose of the contract. <\/span><\/p>\n

d) If necessary for the provision of services by Mangold & Mangold and not to be provided by Mangold & Mangold,
\n(i) the customer shall provide the technical equipment such as hardware or data transmission lines ready for operation and make these available free of charge to a reasonable extent;
\n(ii) the customer provides the access data;
\n(iii) the customer shall support Mangold & Mangold in test runs and acceptance tests by providing appropriate personnel. <\/span><\/p>\n

f) To the extent that test runs or acceptance tests, presentations or other meetings become necessary or expedient, the customer shall assign knowledgeable employees to participate in the meetings who are authorized to make all necessary or expedient decisions.<\/span><\/p>\n

g) Cooperation and provision of materials by the customer shall be free of charge for Mangold & Mangold.<\/span><\/p>\n

h) If Mangold & Mangold is unable to perform the services due to missing or insufficient cooperation or provision of materials by the customer or can only perform them at additional expense, Mangold & Mangold is entitled to claim necessary additional expenses from the customer.
\nIn such a case, Mangold & Mangold cannot itself be in default for the duration of the customer’s default and can, if the customer’s default continues for a longer period, terminate the contract after setting a time limit and threatening to refuse performance and invoice in accordance with \u00a7 649 BGB.
\n\u00a7 649 BGB. <\/span><\/p>\n

i) Autocorrections are additional services caused by the customer and not offered.
\nThese are e.g. incorrect data or data or documents and templates not supplied in accordance with the offer, furthermore these are e.g. subsequent changes.
\nAuthor corrections can be invoiced separately, unless otherwise agreed in writing. <\/span><\/p>\n

j) If the customer recognizes that its own information and requirements are incorrect, incomplete, ambiguous or impracticable, it must inform Mangold & Mangold of this and the consequences it recognizes without delay.<\/span><\/p>\n

k) Communication between Mangold & Mangold and the customer should be as effective as possible, i.e. fast and error-resistant. In doing so, the customer must observe any formal communication requirements, provided that these are achievable and the customer can reasonably be expected to comply with them. This includes in particular the use of ticketing systems and sufficient description of problems, symptoms, technical faults, etc. If the formal communication requirements are not observed by the customer, no rights and obligations between the contracting parties shall be established. If communication takes place by means other than those specified, Mangold & Mangold is entitled to charge for the additional work involved (e.g. if a problem is recorded by telephone although a ticketing system has been made available).<\/span><\/p>\n

11. project management<\/strong><\/span><\/p>\n

Upon request, the contracting parties shall each appoint a project manager and their deputy immediately upon request.
\nThe project manager and his deputy shall be the exclusive contact persons for the other contracting party for all questions relating to the project for agreements of all kinds. The parties assure that the project managers and deputies to be appointed by them are fully authorized to make all decisions relating to the project. <\/span><\/p>\n

b) If there is an important, objectively justified reason, the contracting parties may replace the project managers and their deputies appointed by them with other persons.
\nThe contractual partner must be informed of any changes without delay.
\nWhen making changes, both contracting parties shall ensure that there are no disruptions to the course of the project and that newly appointed persons have all the necessary information and expertise required for the smooth further course of the project. <\/span><\/p>\n

12 Legal requirements and legal obligations to cooperate<\/strong><\/span><\/p>\n

a) Subject to express agreement, the services of Mangold & Mangold do not include any legal examination or legal advice (e.g. of a trademark, copyright, data protection or competition law nature) or fulfillment of the customer’s statutory information obligations (e.g. provider identification, data protection declaration, consumer information for distance selling contracts, etc.).<\/span><\/p>\n

b) If Mangold & Mangold has justified doubts as to the legal admissibility of a measure, it may demand that the customer releases it and postpone the implementation of the measure for this period.<\/span><\/p>\n

c) If Mangold & Mangold provides the customer with legal documents (e.g. supplements to the data protection declaration), these are legal samples without any claim to correctness and completeness, which must be checked individually by the customer.<\/span><\/p>\n

d) The customer shall ensure that the content provided by it is free from third-party rights and that its publication does not violate applicable law in any way.
\nThe content provided also includes content and its sources that the customer recommends or suggests to Mangold & Mangold with regard to the performance of its tasks. <\/span><\/p>\n

e) The customer shall indemnify Mangold & Mangold against all claims and damages suffered by Mangold & Mangold as a result of legal infringements attributable to the customer.<\/span><\/p>\n

13. scope of the rights of use transferred<\/strong><\/span><\/p>\n

a) Mangold & Mangold transfers to the customer the rights of use to its works required for the respective contractual purpose in the scope of use, duration of use and geographical area of application corresponding to the order description.
\nUnless otherwise agreed, a simple right of use for personal use is transferred in each case. <\/span><\/p>\n

b) The customer shall receive an exclusive, temporally and spatially unrestricted right of use and exploitation of works that are provided individually and specifically for the customer (e.g. individual graphics or program routines), which shall be limited to the contractual purposes, which shall include in particular the rights of use, reproduction and distribution and the right to make the work available to the public.
\nThis excludes the resale and redistribution of the work by the customer, unless this has been expressly agreed or arises from the nature of the order. <\/span><\/p>\n

c) In the case of works that build on, modify, extend or adapt other works (e.g. individual adaptation of templates or software modules), any exclusive rights of the customer do not extend to the original works, but only to the extent of the modifications, extensions and adaptations made by Mangold & Mangold for the customer.<\/span><\/p>\n

d) The customer shall be granted the right to edit the work as long as the right to edit has been expressly agreed or arises from the nature of the order.<\/span><\/p>\n

e) The rights of use to the works shall only be transferred to the customer after full payment of the remuneration by the customer.<\/span><\/p>\n

f) Insofar as the work contains open source components, the rights are only transferred to the extent and in accordance with the respective open source license.
\nMangold & Mangold expressly points out that the open source components may only be used, processed and disposed of within the scope of the respective license. <\/span><\/p>\n

g) Suggestions and instructions from the customer or its employees do not constitute a joint copyright.<\/span><\/p>\n

h) Mangold & Mangold is entitled to refer to the works designed and produced for the customer for the purpose of self-promotion, subject to any express confidentiality obligations.
\nThe customer is not entitled to remove these references without the consent of Mangold & Mangold. <\/span><\/p>\n

14. publication of templates, drafts and source code<\/strong><\/span><\/p>\n

a) The templates, drafts, models, raw data, (creation) files and other work equipment created by Mangold & Mangold which serve to provide the service owed under the contract (hereinafter referred to as “templates”) remain the property of Mangold & Mangold. If the customer wishes to have them handed over, this must be agreed and paid for separately. This also applies if the templates are included in an offer or similar as a separate invoice item – but without any agreement on an obligation to surrender them.<\/span><\/p>\n

b) If the release of the source code has been agreed or otherwise provided for (e.g. within the framework of an open source license), its transfer\/provision of access in digital form is sufficient.
\nIf a right to edit the work has not been agreed, the customer may only use the source code if Mangold & Mangold is unable or unwilling to correct errors, modify or extend the application within a reasonable period of time.
\nThe customer is aware that he may have to acquire developer licenses for the third-party components used in order to work with the source code.
\nIf the source code is not subject to an open content license, it may not be used in the context of an application that is not part of the contractual agreement with Mangold & Mangold, unless otherwise agreed. <\/span><\/p>\n

c) There is no retention obligation.
\nMangold & Mangold is entitled to delete the templates and the source code at the latest 6 months after the end of the contract. <\/span><\/p>\n

15. offers, presentations and pitches<\/strong><\/span><\/p>\n

a) The development of conceptual and design proposals by Mangold & Mangold with the aim of the customer placing a further order shall be carried out against payment of the fee agreed with the customer (presentation fee), notwithstanding any provisions to the contrary in individual cases.<\/span><\/p>\n

b) Mangold & Mangold shall retain the copyrights, rights of use and property rights to the work presented by Mangold & Mangold in this context, even if a presentation fee is charged.
\nThe client only acquires rights of use to the agreed extent when the order for realization is placed against separate remuneration. <\/span><\/p>\n

16. acceptance<\/strong><\/span><\/p>\n

a) These regulations on acceptance only apply if they form the basis of a contract for work and services.<\/span><\/p>\n

b) The object of acceptance is the contractually owed service in accordance with the order description.
\nIn the event that several order descriptions have been produced during the preparation of the order, acceptance shall be carried out against the last, agreed version of the order description. <\/span><\/p>\n

c) The prerequisite for acceptance is that Mangold & Mangold hands over the performance results to the customer in full and notifies the customer that they are ready for acceptance.
\nThe handover of all performance results necessary for acceptance constitutes a request for acceptance. <\/span><\/p>\n

d) The customer must then begin to check the acceptability within 10 working days.<\/span><\/p>\n

e) If acceptance fails, the customer shall provide Mangold & Mangold with a list of all defects preventing acceptance.
\nAfter the expiry of a reasonable period of time, Mangold & Mangold must provide a defect-free version of the contractually owed performance that is ready for acceptance.
\nWithin the scope of the subsequent inspection, only the recorded defects will be inspected insofar as they can be the subject of an isolated inspection in terms of their function. <\/span><\/p>\n

f) After successful testing, the customer must declare acceptance of the work results within 10 working days.<\/span><\/p>\n

g) If no significant defects are reported beforehand, the performance results shall be deemed to have been accepted by the customer after the expiry of 10 working days after submission for acceptance.<\/span><\/p>\n

h) Defects must be described as precisely as possible so that they can be traced and rectified by Mangold & Mangold.<\/span><\/p>\n

i) The customer may not refuse acceptance due to insignificant defects.
\nHowever, this is subject to Mangold & Mangold remedying the defects without delay.
\nThese defects must be listed individually in the acceptance report. <\/span><\/p>\n

j) The provision of the contractual services may be agreed in individual stages.
\nMangold & Mangold is entitled to ask the customer for a partial or interim acceptance if this is objectively justified and reasonable for the customer due to the subject matter, the scope or the timing of the provision of services. <\/span><\/p>\n

k) The provisions on acceptance, warranty and remuneration shall apply to the respective subsections.
\nThis means in particular that change requests by the customer which deviate from already accepted sections shall be remunerated separately by the customer. <\/span><\/p>\n<\/div>\n

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PART 3: Rental services<\/strong><\/span><\/h4>\n

17 Rental object and return<\/strong><\/span><\/p>\n

a) In the case of rental services, the rented item remains the property of Mangold & Mangold.
\nThe rented item will be carefully checked for defects before handover and handed over in perfect condition. <\/span><\/p>\n

b) Rental items, including accessories, must be
\naccessories on the agreed date (day and time) in perfect condition, in the specified type, at the specified location and to the specified person\/company (or to Mangold & Mangold if no such person\/company has been named).
\nIf the agreed deadline is not met, the rental period shall be deemed extended for a fee.
\nThe customer must return the rental items to the lessor\/supplier immediately after expiry of the rental period at its own expense and risk.
\nIn the event of late return, the hirer must compensate Mangold & Mangold for any damage. <\/span><\/p>\n

18 Cancellation fees<\/strong><\/span><\/p>\n

a) If the customer withdraws from the rental contract for any reason whatsoever, Mangold & Mangold may demand the following cancellation fees, which are calculated on the basis of the order value, without proof of damage.<\/span><\/p>\n

b) Cancellation fees are 40% of the rental price up to 60 days before the start of the rental period, 50% of the rental price up to 30 days before the start of the rental period, 70% of the rental price up to 14 days before the start of the rental period and 90% of the rental price up to 5 days before the start of the rental period.
\nThe full rental price must be paid from the start of the rental period. <\/span><\/p>\n

19. use and damage<\/strong><\/span><\/p>\n

a) Operating instructions and safety regulations must be strictly adhered to.
\nThe customer undertakes to use the rental property carefully and in accordance with its intended use. <\/span><\/p>\n

b) Any covering or removal of logos, emblems and other references to Mangold & Mangold is prohibited unless it is necessary for the use of the property.<\/span><\/p>\n

c) During the period from handover to return of the rented property, the customer shall be liable for the rented property, in particular in the event of theft, damage or loss.
\nFurthermore, the customer is prohibited from passing on the rented items to third parties.
\nSubletting or assignment of the rental relationship is generally prohibited. <\/span><\/p>\n

d) If a rental object is damaged or a fault occurs, the customer is obliged to inform Mangold & Mangold immediately of any problems or damage.
\nIf no immediate information is provided, the customer shall be fully liable and shall pay for all damages incurred in this respect. <\/span><\/p>\n

e) The customer is not entitled to make any changes to the rental property.
\nOtherwise, he shall bear the entire cost of restoring the rented property to its original condition. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>

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PART 4: Warranty and liability<\/span><\/strong><\/h4>\n

20. claims for material defects<\/strong><\/span><\/p>\n

a) Claims for defects do not exist in the case of an insignificant deviation from the agreed or assumed quality and in the case of only insignificant impairment of usability.
\nMinor wear and tear on the rented items, such as mass or color, shall not be considered defects if they do not impair their suitability. <\/span><\/p>\n

b) The contents of the order description shall not be deemed a guarantee without a separate express agreement.<\/span><\/p>\n

c) Insofar as Mangold & Mangold relies on information provided by third parties (e.g. when renting out items) and this is or should have been recognizable to customers, Mangold & Mangold assumes no liability for the accuracy and timeliness of this information.<\/span><\/p>\n

d) Mangold & Mangold undertakes to create websites and comparable online offers in such a way that they have a response time behavior which, with a comparable Internet connection and technical equipment of the hardware and software used by the end user to access the website, corresponds to the response time behavior of other Internet offers with comparable content and comparable scope as well as comparable server environment.
\nWebsites and comparable online offers must be executable within the browsers and resolutions customary in the industry at the time the contract is concluded.
\nBrowsers with a version of more than one year ago and browsers and screen resolutions that are represented on the market by less than 10% are not considered standard in the industry.
\nFurther details can be found in the agency’s offer. <\/span><\/p>\n

e) In the case of update, upgrade and new version deliveries of software, claims for defects shall be limited to the new features of the update, upgrade or new version delivery compared to the previous version status.<\/span><\/p>\n

f) If the customer demands subsequent performance due to a defect, Mangold & Mangold has the right to choose between rectification, replacement delivery or replacement performance.
\nIf the customer of Mangold & Mangold has set a further reasonable period of grace after a first period of grace has expired without result and this period of grace has also expired without result or if a reasonable number of attempts at rectification, replacement delivery or replacement performance have been unsuccessful, the customer may, subject to the statutory requirements, withdraw from the contract or reduce the price and claim damages or reimbursement of expenses.
\nSubsequent performance may also be effected by handing over or installing a new program version or a workaround.
\nIf the defect does not impair the functionality or only insignificantly, Mangold & Mangold is entitled to remedy the defect by supplying a new version or an update as part of its version, update and upgrade planning, to the exclusion of further claims for defects. <\/span><\/p>\n

g) Defects are to be notified by means of a comprehensible description of the error symptoms, if possible proven by recordings, screenshots or other documents illustrating the defects.
\nThe notification of defects should enable the reproduction of the defect.
\nThe customer’s statutory obligations to inspect and give notice of defects shall remain unaffected. <\/span><\/p>\n

h) Modifications or extensions to the services or software carried out by the customer itself or by third parties invalidate the customer’s claims for defects, unless the customer proves that the modification or extension is not the cause of the defect.
\nMangold & Mangold shall also not be liable for defects that are attributable to improper operation and operating conditions or the use of unsuitable equipment by the customer. <\/span><\/p>\n

i) Mangold & Mangold may refuse subsequent performance until the customer has paid the agreed remuneration to Mangold & Mangold, less a part corresponding to the economic significance of the defect.<\/span><\/p>\n

j) The limitation period for claims for defects is 12 months from acceptance of the service.
\nIn the case of the delivery of updates, upgrades and new versions, the period for these parts shall commence with their acceptance. <\/span><\/p>\n

k) As far as used goods are concerned, any warranty by Mangold & Mangold is excluded.
\nThis does not apply if Mangold & Mangold has expressly assured the customer that the goods are free of defects or have been technically inspected. <\/span><\/p>\n

l) Claims for damages are subject to the restrictions of Part 4 Clause 23 of these GTC (“Liability and Compensation”).<\/span><\/p>\n

21 Use of third-party services<\/strong><\/span><\/p>\n

a) The following provisions apply to the use of third-party services by Mangold & Mangold in the context of the performance of services to the customer.
\nThird-party services are services that are obtained from third parties in the name and on behalf of the customer, such as rights of use to online platforms, SaaS offers or open source software. <\/span><\/p>\n

b) If material defects or defects of title are based on the defectiveness of the product of a third party and if the third party is not acting as a vicarious agent of Mangold & Mangold, but if Mangold & Mangold, recognizable to the customer, merely passes on a third-party certificate to the customer, the customer’s claims for defects are limited to the assignment of Mangold & Mangold’s claims for defects against the third party (e.g. if open source software is incorporated).
\nMangold & Mangold is responsible for the defect itself if the defect was caused by Mangold & Mangold, i.e. the defect is based on an improper modification, integration or other treatment of the services of third parties for which Mangold & Mangold is responsible. <\/span><\/p>\n

c) Mangold & Mangold is not responsible if third-party services are restricted or discontinued altogether by the third party.
\nIf the third party introduces a fee for the provision of third-party services, Mangold & Mangold has the right to adjust the remuneration agreed with the customer accordingly if the customer wishes to continue using the third-party services after consultation and the remuneration would be charged to Mangold & Mangold. <\/span><\/p>\n

22. behavior of third parties<\/strong><\/span><\/p>\n

a) The customer acknowledges that the behavior of third parties in online and offline media is difficult to calculate and that Mangold & Mangold is not responsible for the behavior of third parties (e.g. negative comments, protests, etc.).
\nThis does not apply if Mangold & Mangold has culpably provoked this behavior.
\nIn this case, liability is determined in accordance with part 4, section 23 of these GTC (“Liability and compensation”).
\nWhen determining negligence, the standards of conduct customary in the industry and reasonably to be expected patterns of conduct of third parties are to be taken as a basis. <\/span><\/p>\n

b) Mangold & Mangold shall inform the customer as soon as the conduct of a third party assumes a scale that could cause lasting damage to the customer’s reputation or sales promotion.<\/span><\/p>\n

c) If there are concrete doubts about the legal admissibility of third-party content or reason to assume possible damage for the customer, Mangold & Mangold is entitled to depublish this content (e.g. delete comments) or ban users.<\/span><\/p>\n

23 Liability and compensation<\/strong><\/span><\/p>\n

a) Mangold & Mangold shall only be liable under this contract in accordance with the following provisions:<\/span><\/p>\n

b) Mangold & Mangold shall be liable without limitation for damage caused intentionally or through gross negligence by Mangold & Mangold, its legal representatives or executive employees and for damage caused intentionally by other vicarious agents; for gross negligence by other vicarious agents, liability shall be determined in accordance with the provisions for slight negligence set out in (f) below.<\/span><\/p>\n

c) Mangold & Mangold shall be liable without limitation for damages caused intentionally or negligently by Mangold & Mangold, its legal representatives or vicarious agents arising from injury to life, limb or health.<\/span><\/p>\n

d) Mangold & Mangold is liable for damages due to the lack of warranted characteristics up to the amount which was covered by the purpose of the warranty and which was recognizable for Mangold & Mangold when the warranty was given.<\/span><\/p>\n

e) Mangold & Mangold is liable for product liability damages in accordance with the provisions of the Product Liability Act.<\/span><\/p>\n

f) Mangold & Mangold is liable for damages arising from the breach of cardinal obligations by Mangold & Mangold, its legal representatives or vicarious agents; cardinal obligations are the essential obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.
\nIf Mangold & Mangold has breached these cardinal obligations through slight negligence, its liability is limited to compensation for the foreseeable, typically occurring damage (hereinafter “typical damage”).
\nMangold & Mangold’s liability also includes the consequential costs of remedying defects.
\nHowever, the provision of part 4, section 23 (f) of these GTC does not apply to liability for consequential costs (in particular costs of business interruption), which require a special contractual agreement.
\nIn the event of failure of the rental property, compensation shall be limited to the rental price. <\/span><\/p>\n

g) Typical damages are generally limited to the specified amount and otherwise to the contractual fee or the amount of the customer’s contractual fee for the period in which the breach of duty occurred.
\nThis does not apply if the limitation would be unreasonable in individual cases from an equity point of view.
\nThe typical damage shall not exceed five times the agreed remuneration.
\nIf Mangold & Mangold is in default, Mangold & Mangold is liable for the loss suffered by the customer as a result of the default up to an amount of 15% of the order value. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>

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PART5: Remuneration, invoicing and retention of title<\/strong><\/span><\/h4>\n

24. remuneration<\/strong><\/span><\/p>\n

a) The remuneration and the payment schedule for the contractually owed services are set out in the order description.
\nIf the contracting parties have not agreed on a fixed remuneration, the remuneration shall be calculated on a time and material basis.
\nIn this respect, Mangold & Mangold’s rates valid at the time the service is provided shall apply. <\/span><\/p>\n

b) Unless explicitly agreed otherwise, Mangold & Mangold’s daily or hourly rates are \u20ac 840.00 net or \u20ac 105.00 net per hour.
\nThe actual expenditure is decisive for invoicing.
\nMangold & Mangold adds up the individual tasks into person-days: one person-day consists of eight hours.
\nInvoices are issued on an hourly basis. <\/span><\/p>\n

c) If billing is based on time spent, the smallest billing unit is 25 minutes.<\/span><\/p>\n

d) Mangold & Mangold is entitled to invoice the customer for payments on account at reasonable intervals.
\nThe amount of the payments on account depends on the value of the services already rendered by Mangold & Mangold. <\/span><\/p>\n

e) Services outside the agreed scope of services or subject matter of the contract shall be remunerated separately by the customer.
\nThe applicable rates of Mangold & Mangold shall apply.
\nThe above also applies to services based on incorrect or incomplete information provided by the customer, unverifiable notices of defects, improper use of the system or breaches of duty by the customer. <\/span><\/p>\n

f) Work performed at the instruction of the customer outside core working hours (working days 9 a.m. – 7 p.m.) shall be charged at a factor of 150%.<\/span><\/p>\n

g) The customer shall reimburse all expenses and ancillary costs directly related to the provision of the service, such as material, license and service costs for stock photos or sounds, proofs, printing costs, travel costs, board and lodging, text and author corrections, artists’ social insurance, as well as packaging and shipping costs and services provided by third parties.<\/span><\/p>\n

h) In addition to the agreed remuneration, Mangold & Mangold is entitled to reimbursement of the outlays and expenses necessary for the provision of the services, in particular travel and accommodation costs and expenses, insofar as these have been approved by the client.
\nMangold & Mangold shall invoice these in a verifiable manner together with the services rendered or separately in a timely manner.
\nTravel expenses are charged either according to the actual costs incurred for 2nd class rail travel or economy class flights (incl. luggage\/meals) and\/or for travel by car\/van at 1.10 euros\/km net (including travel time and gasoline), by truck at 1.59 euros\/km net (including travel time and gasoline) plus the cost of the rental car (transportation).
\nCost of the rental car (van, truck).
\nThe basis is the fastest route according to the standard route planner used by Mangold & Mangold.
\nThere are no travel costs within a radius of 10 km.
\nThe starting point of the journey\/departure is the address of Mangold & Mangold, unless otherwise agreed. <\/span><\/p>\n

i ) Insofar as Mangold & Mangold receives time-based remuneration, the client is obliged to sign off the evidence submitted as a sign of agreement without delay, but at the latest within 7 days of receipt.
\nIf the client does not agree with the evidence submitted, it shall set out in detail any objections to the evidence within this period.
\nThe contracting parties shall then immediately attempt to bring about a clarification.
\nThe customer shall then sign off the evidence without delay.
\nThe evidence shall be deemed to have been signed off upon payment. <\/span><\/p>\n

j) Mangold & Mangold reserves the right to charge a handling or service fee of 15% if it purchases from third parties as a service provider for its customers on their behalf.
\nAlternatively, it is also possible to charge the expenses according to the hours actually incurred. <\/span><\/p>\n

k) The customer shall be responsible for obtaining the permits, concessions or licenses necessary for the proper operation or use of the goods, works and other services of Mangold & Mangold and for paying the associated fees.<\/span><\/p>\n

25. settlement<\/strong><\/span><\/p>\n

a) Payment shall be due at the agreed time.
\nUnless otherwise specified, invoices are due for payment without deduction within 14 days of the invoice date. <\/span><\/p>\n

b) Payment of the remuneration shall only have a fulfilling and thus debt-discharging effect if it is transferred to the account specified on the invoice and the credit note is also received unconditionally in the same account.<\/span><\/p>\n

c) If the contract ends prematurely, Mangold & Mangold shall be entitled to remuneration corresponding to the services rendered up to the termination of this contract.<\/span><\/p>\n

d) Mangold & Mangold is entitled to invoice the customer for payments on account at reasonable intervals.
\nThe amount of the payments on account depends on the value of the services already rendered by Mangold & Mangold. <\/span><\/p>\n

e) In the case of services under a contract for work and services, payment is due upon (partial) acceptance of the service.
\nIn the case of an order amount of more than EUR 10,000, Mangold & Mangold is entitled to 30% of the order amount before the start of the work, 30% in the middle of the agreed project period and 40% after acceptance, even without a separate agreement. <\/span><\/p>\n

f) Mangold & Mangold reserves the right to demand an advance payment within a certain period for rental contracts, whereby the rental contract is subject to the condition precedent that the customer makes the advance payment within the agreed period.
\nIf the customer does not comply with this condition, the rental contract will not be concluded and the customer must pay compensation amounting to 25% of the rental price <\/span><\/p>\n

g) Unless otherwise agreed, invoices may be issued in electronic form and sent by e-mail or made available online for download.<\/span><\/p>\n

h) Unless otherwise expressly agreed, all amounts are net amounts, i.e. excluding statutory VAT.<\/span><\/p>\n

i) If the customer is in default of payment, interest shall be charged on the outstanding amount at the statutory rate above the applicable base interest rate.
\nThis shall not affect the assertion of further rights. <\/span><\/p>\n

j) For each reminder of the invoice, Mangold & Mangold is entitled to charge a reminder fee in the amount of the actual expenditure in addition to the statutory claims, whereby Mangold & Mangold may instead charge a lump sum of 10.00 euros.
\nThe customer reserves the right to prove lower dunning expenses. <\/span><\/p>\n

k) The customer may only offset undisputed or legally established claims against claims of Mangold & Mangold, unless these are claims for completion or rectification of defects.
\nThe customer is only entitled to assert a right of retention due to counterclaims arising from this contract. <\/span><\/p>\n

l) If a completion date has been set for a project on which Mangold & Mangold would be entitled to invoice its services and the completion date could not be met due to circumstances for which the client is responsible (e.g. lack of provision of content), Mangold & Mangold may invoice the agreed remuneration on the completion date as if the project would have been completed on that date without the relevant delay.<\/span><\/p>\n

26. adjustment of prices<\/strong><\/span><\/p>\n

a) In the case of continuing obligation contracts, Mangold & Mangold is entitled to increase the agreed flat rate appropriately after giving notice.
\nSuch an increase shall take effect at the end of the respective billing period. <\/span><\/p>\n

b) A price reduction shall take effect at the end of the billing period that ends after the price change.<\/span><\/p>\n

c) If the purchase prices for third-party services increase, this increase can be passed on to the customer in the same proportion.<\/span><\/p>\n

d) If the customer does not agree with the adjustment, he may terminate the contract in compliance with the notice period as of the day on which the new fee comes into effect.
\nIf the regular notice period of the contract exceeds 30 days, a notice period of 30 days shall apply. <\/span><\/p>\n

27 Retention of title<\/strong><\/span><\/p>\n

a) All delivered goods and works remain the property of Mangold & Mangold until full payment has been made.<\/span><\/p>\n

b) The retention of title shall remain unaffected by any collection of individual claims in current invoices or by the drawing of balances or by the recognition of individual claims.<\/span><\/p>\n

c) In the event of the resale of goods subject to retention of title, the customer hereby assigns to Mangold & Mangold all rights arising from the resale with all ancillary rights and priority over other creditors.
\nMangold & Mangold accepts the assignment.
\nThe customer is not permitted to pledge the goods or assign them as security.
\nMangold & Mangold authorizes the customer – revocable at any time – to collect the assigned claims in the ordinary course of business, provided that
\n(i) the customer meets his payment obligations towards Mangold & Mangold and third parties and
\n(ii) the customer names the debtors of the claims at Mangold & Mangold’s request and notifies them of the assignment if Mangold & Mangold so requests.
\nMangold & Mangold may also notify the assignment itself. <\/span><\/p>\n

d) The right to resell shall expire upon the opening of insolvency proceedings or judicial composition proceedings.
\nThe same applies to the use and installation of goods subject to retention of title and to the authorization to collect in the case of a cheque or bill of exchange protest.
\nIn these cases, Mangold & Mangold is entitled to collect the goods subject to retention of title. <\/span><\/p>\n

e) If goods subject to retention of title are further processed, this is done for Mangold & Mangold without any obligations arising for Mangold & Mangold.<\/span><\/p>\n

f) If further processing is carried out with items that are not the property of Mangold & Mangold, Mangold & Mangold is entitled to co-ownership of the new item to the extent of the value of the goods subject to retention of title in relation to the other items at the time of processing.<\/span><\/p>\n

g) If enforcement measures are taken against the goods subject to retention of title or assigned claims, the customer must notify Mangold & Mangold immediately and hand over the documents and information required for an objection.<\/span><\/p>\n

h) If goods subject to retention of title are incorporated by the customer as an integral part of the property, the customer hereby assigns to Mangold & Mangold the claims for remuneration arising against the third party or the party to whom it relates in the amount of the value of the goods subject to retention of title together with all ancillary rights including the right to the granting of a mortgage by way of security.
\nMangold & Mangold accepts the assignment. <\/span><\/p>\n

i) Mangold & Mangold undertakes to release the customer’s securities at the customer’s request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 20%; Mangold & Mangold is entitled to select the securities to be released.<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>

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PART 6: Termination<\/strong><\/span><\/h4>\n

28. contract term<\/strong><\/span><\/p>\n

a) For contracts that are agreed as continuing obligations, the contract term corresponds to the agreed contract term.
\nIf the contract term has not been expressly agreed, nor is it specified in the associated special provisions in these GTC, it shall be 12 months. <\/span><\/p>\n

b) The billing period for additional options (e.g. services) corresponds to the billing period of the main contract.
\nIf the option is ordered during the term of the main contract, the first contract term is adjusted to match the remaining term of the main contract. <\/span><\/p>\n

c) The termination of dependent options of a contractual relationship shall not affect the contractual relationship as a whole, unless the entire contractual relationship is terminated.<\/span><\/p>\n

29 Ordinary termination<\/strong><\/span><\/p>\n

a) Unless the notice period has been expressly agreed or is specified in the corresponding special provisions in these GTC, it shall be 30 days to the end of the contract.<\/span><\/p>\n

b) The notice period for independently terminable parts\/options of a contract corresponds to the notice period of the main contract.<\/span><\/p>\n

c) If no notice of termination is given in good time, the term of the contract shall be automatically extended by the same period after the expiry of its term.<\/span><\/p>\n

30 Extraordinary termination<\/strong><\/span><\/p>\n

a) Either party may extraordinarily terminate contracts based on these GTC for good cause if one or more agreements have not been complied with by the other party and, following a request for rectification, this has culpably not taken place within a period of 14 days.<\/span><\/p>\n

b) Extraordinary termination is also possible without a prior request for rectification if the terminating party cannot reasonably be expected to continue the contract, taking into account all circumstances of the individual case and weighing up the interests of both contracting parties.
\nThis is particularly the case if: <\/span><\/p>\n

c) obvious and serious breaches of contract or the law, such as the storage or making available for retrieval of content within the meaning of Section 4 of the Interstate Treaty on the Protection of Minors in the Media or obviously copyrighted software or audiovisual content (music, videos, etc.);<\/span><\/p>\n

d) criminal spying on or manipulation of the data of Mangold & Mangold or other customers of Mangold & Mangold by the customer.<\/span><\/p>\n

e) Good cause exists in particular if<\/span><\/p>\n

(i) Mangold & Mangold fails to observe an expressly agreed time for completion and allows a reasonable additional period of time fixed by the customer to elapse without result, unless Mangold & Mangold is not responsible for the delay;<\/span><\/p>\n

(ii) one of the contracting parties grossly breaches its obligations under this contract or the respective order;<\/span><\/p>\n

(iii) insolvency proceedings are opened over the assets of the other contracting party or the opening of insolvency proceedings is refused for lack of assets.<\/span><\/p>\n

f) After termination of the contractual relationship, Mangold & Mangold is no longer obliged to provide the contractual services.
\nMangold & Mangold may, subject to agreed or statutory retention obligations, delete all of the customer’s data.
\nThe timely storage and backup of the data is therefore the responsibility of the customer. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>

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PART 7: Confidentiality, non-solicitation, amendments to the GTC and final provisions<\/strong><\/span><\/h4>\n

31. data protection<\/strong><\/span><\/p>\n

a) The customer’s personal data shall only be collected, processed and used for the execution of the contract.
\nBy concluding the contract, the customer agrees to the collection, processing and use of their data in electronic data processing systems.
\nThe privacy policy available on the Mangold & Mangold website applies. <\/span><\/p>\n

b) The contracting parties shall comply with the relevant data protection regulations.
\nIn particular, Mangold & Mangold will only collect, process or use personal data of third parties which the customer passes on to it or which it collects, processes or uses on behalf of the customer in accordance with the customer’s instructions.
\nFurthermore, it is the customer’s responsibility to comply with data protection regulations. <\/span><\/p>\n

32. confidentiality<\/span><\/p>\n

a) The contracting parties undertake to treat as confidential all confidential information that becomes known to them during the execution of this contract and to use it only for contractually agreed purposes.<\/span><\/p>\n

b) In cases of doubt, each contracting party is obliged to ask the other party for consent before passing on confidential information.<\/span><\/p>\n

c) Confidential information within the meaning of this provision is information, documents, details and data which are designated as such or which by their nature are to be regarded as confidential.
\nMangold & Mangold undertakes to grant access to confidential information of the customer only to those employees who are entrusted with the provision of services under this contract.
\nBoth contracting parties are obliged to have their employees sign a corresponding declaration of commitment at the request of the other party and to submit it to the other party.
\nThe contracting parties shall not file any applications for industrial property rights for confidential information of the other party. <\/span><\/p>\n

d) If confidential information as defined above is requested by a public body, this party must be informed immediately and before the information is released to the public body.<\/span><\/p>\n

e) The rights and obligations under this section on confidentiality shall not be affected by the termination of this Agreement.
\nBoth contracting parties are obliged to return confidential information to the other party upon termination of this contract or to destroy it at the other party’s discretion, unless it has been properly used. <\/span><\/p>\n

f) The contractual documents are protected by copyright and their information must be treated confidentially.
\nUnauthorized reproduction or making their information available to third parties without the consent of Mangold & Mangold may result in a warning and claims for damages.
\nIn the event of a breach by the customer, a contractual penalty of EUR 5,000 or, if lower, the amount of the contract or offer shall be payable, unless the customer proves that it is not responsible for the breach. <\/span><\/p>\n

33. form of communication<\/strong><\/span><\/p>\n

a) All agreements containing an amendment, supplement or specification of these GTC and contractual agreements and arrangements, including the revocation of this formal clause, as well as special assurances and agreements must be made in text form in accordance with Section 126 b BGB.
\n\u00a7 126 b BGB. <\/span><\/p>\n

b) Insofar as written form is expressly required within the framework of these GTC or other contractual provisions, this refers to a handwritten declaration signed by the contracting parties in accordance with Section 126 BGB.
\n\u00a7 126 BGB is meant.
\nThis also applies to an agreement to waive the requirement for the written form. <\/span><\/p>\n

34. non-solicitation<\/strong><\/span><\/p>\n

a) Neither contracting party may directly or indirectly entice employees away from the other.
\nIn addition, the contracting parties are prohibited from employing an employee in any form in their own company while the employee is employed by the respective contracting party. <\/span><\/p>\n

b) The aforementioned restrictions shall not apply if the employer concerned has given its consent to the project before the employee is employed by the other contracting party.
\nIn the event of non-compliance, a contractual penalty of at least EUR 500, to be determined on an equitable basis, shall be payable, unless the contracting party had no knowledge of the employee’s employment by the other contracting party when the employee was hired. <\/span><\/p>\n

35 Amendment of the GTC<\/strong><\/span><\/p>\n

a) Mangold & Mangold reserves the right to amend the GTC at any time with effect for the future.
\nAmendments will only be made for valid and objective reasons, in particular of a legal, technical and commercial nature, and only if they are reasonable for the customer. <\/span>
\nIn the event of amendments, Mangold & Mangold shall notify the customers of the amended GTC at least in text form, so that the customers have two weeks to object to the amendment.
\nIn the event of an objection, the customers and Mangold & Mangold have the right to terminate the contract.
\nTermination may not take place if it would unreasonably prejudice the contractual interests of the customers.
\nIf the customers do not object to the amended terms and conditions within the deadline, they are deemed to have been accepted. <\/span><\/p>\n

36 Final provisions<\/strong><\/span><\/p>\n

a) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).<\/span><\/p>\n

b) The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of Mangold & Mangold, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
\nMangold & Mangold reserves the right to take legal action at the legal place of jurisdiction. <\/span><\/p>\n

c) The customer may only transfer claims against Mangold & Mangold based on this contract to third parties with the consent of Mangold & Mangold.<\/span><\/p>\n

d) The invalidity of individual provisions of these GTC and the contract based on them shall not affect the validity of the remaining provisions.
\nIn this case, the contracting parties undertake to agree on effective provisions that come as close as possible to the intended economic purpose of the ineffective provisions.
\nThis applies accordingly to the closing of any contractual loopholes. <\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>

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