Startup Lions (hereinafter referred to as "Provider") shall only perform its services onthe basis of these General Terms and Conditions of Business. This shall also apply toall future services, should the General Terms and Conditions of Business not beagreed upon in explicitly revised form. Any changes to these conditions shall be in writing and are only valid after approval in writing is given by the Provider.
The “Try us for free” offer is only available to new clients who have not done business with us before. Digital Lions commits to deliver the first delivery for a new client for free, without any payment obligations. The products will have no watermark and can be used by the client in whichever way he pleases. Depending on the type of service the client is requesting, Digital Lions will deliver the following first delivery:
Other services inquired by the client but not listed above may be provided on a similar basis of providing a free first delivery but are subject to Digital Lions’ sole discretion.
All first deliveries are based upon reasonable client requests of normal, industry-standard scope. Extra-large and complex projects will not be accepted within the terms of the “Try us for free” offer.
Digital Lions will try to incorporate the requirements of the client (design ideas, texts and images) as much as possible in the first delivery but cannot guarantee that it will meet the expectations of the client. Any revision requests that the client has after the first delivery are subject to additional costs to be negotiated with the client and fall not under the scope of the “Try us for free” offer.
Digital Lions will try to provide the first-delivery in a reasonable time-frame, subject to the scope of the project and the available capacity of our team. No fixed time commitment will be guaranteed.
Quotations are always subject to change and are non-binding. Purchase orders shallbe accepted by a written order confirmation by electronic mail subject to theconditions of these General Terms and Conditions of Business. Special conditionsmade orally shall be confirmed in writing by email in order to be valid. If no orderconfirmation is received, the general statutory regulations governing the conclusion ofcontracts shall apply. The Provider indicates the statutory value added tax under VATID: DE297266408 on its invoices.
Delivery date and period agreements shall be set down in writing and confirmed in allcases. Clients shall accept the probative value of continuous email correspondence.
The copyright for published items produced by the Provider or his subcontractor(Internet pages, scripts, programs, templates, graphics, photographs and logos) shallremain solely with the Provider. It is not permitted to duplicate or use such items inother electronic or printed publications, in particular on other Internet pages, without the express approval of the Provider. The Provider has the right to include all projectsin the list of his references and to refer to his copyright to the items produced.Furthermore, all copyrights arising during the course of the purchase order, as well asrelated property rights, rights to photographs, brand rights, registered design or utility model rights and competitive ancillary rights, shall remain with the Provider. As amatter of principle, a simple right of use arising therefrom shall be granted to theClient. Any rights shall only pass to the Client if this is required by the purpose of thecontract. The granting of any rights of use beyond this arrangement shall be agreedupon in writing. The same shall apply to the passage of rights of use to third parties.Any rights of use shall only be transferred after full payment of remuneration.
Print materials already used or other goods shall be stored only on the Client'sexpress instruction.
On receipt of the written order confirmation from the Client, the Provider shall startwork and produce an initial draft within the agreed time limit. Websites, graphics,sound samples and other services commissioned shall be supplied to the Client forreview and acceptance. The Client is entitled to demand changes or rectificationsafter reviewing the first draft or may request a second draft (in case of completedissatisfaction with the first draft). Additional change requests beyond the scope ofthe order shall be invoiced for the additional work incurred based on an hourly rate asincluded in the current price list.
The Client is obliged to verify all author's rights or copyrights that may exist for thematerials provided for graphic design and to obtain the necessary permits. The Clientshall bear all claims resulting from violation of author's rights and copyrights. Imagesand scripts which the Provider has obtained are exempt from this ruling. The Client shall bear sole responsibility for all text contents or other publications. The Client shallexempt the Provider from all claims raised against the Provider by third parties due tobehaviour for which the Client bears responsibility or liability according to the contract.The Client shall bear the costs of any legal proceedings.
Payment for the services performed (drafts, final artwork, programming, etc.) and thegranting of rights of use hall be based on the remuneration agreed upon in thecontract and the rights of use stipulated there.
Payment shall be due on acceptance of the service performed. The Provider shallissue an invoice on completion of acceptance by the Client. This invoice shall be duefor payment without deductions within 10 working days.
Acceptance shall take place within a normal period (in general a maximum of oneworking week, i.e. 5 working days). Should the Client fail to make an acceptance bymaximum 10 working days after the draft is handed over, the draft shall be deemedas accepted and shall be invoiced.
Non-acceptance of the second draft, in conjunction with cancellation of the contract,shall not release the Client from the binding purchase order awarded, i.e. the Providershall retain the right to compensation for work that has already been started orperformed and the right to claim damages for non-fulfilment.
In case of payment default the Provider is entitled to demand interest for defaultamounting to 6% per annum above the prevailing basic rate of interest of theEuropean Central Bank. The assertion of any further loss shall not be excludedhereby, nor the entitlement of the Client to prove lower damages on a case by casebasis.
The agreed payment shall be due within 10 days after the date written on the invoice,gross and without deductions, in accordance with the valid price list, the customized quotation submitted or special agreements agreed upon in writing.
The Provider undertakes to execute the order with the greatest possible care, and inparticular to handle all originals, documents, patterns, etc. handed over to him withcare. The Provider undertakes to rectify any unsatisfactory work free of chargeaccording to his own choice. Should rectification fail (e.g. in case of impossibility), theClient may not claim any compensation, except in case of intent or gross negligence.He may only demand a reduction in the purchase price or, in case of impossibility,demand the cancellation of the purchase contract. The Provider wishes to explicitlypoint out that third-party programs used on websites (guest books, form mailers, etc.)may contain undetected safety risks. The Provider shall refuse any liability fordamage caused by defects in third-party programs.
If the Client withdraws from the contract after award of contract, cancellation costsamounting to the expenses already incurred by the Provider shall be due butamounting at least to 50% of the total order. The invoice date in this case shall be thedate of cancellation. Cancellation shall be in writing in all cases.
Unless otherwise agreed, the Provider shall produce Internet pages in such a waythat they can be correctly displayed by the current browser versions of GoogleChrome and Firefox. There may be deviations in display in different browsers. Allfurther technical functions and standards shall require agreement.
On full payment of the order total, the Client is entitled to the access data of theordered content management and shop systems. On delivery of the access day, theProvider is automatically released from the responsibility and liability for the technicaland content functionality of the software.
All further claims are excluded, for whatever legal reason, in particular compensationfor damages which did not result from the service performed, except in case of intentor gross negligence. Otherwise the Provider shall only be liable in case of intent orgross negligence in the event of breach of ancillary obligations or unauthorized action.
The Client hereby declares his agreement that the Provider may publish, as required,graphics, websites, etc. produced on behalf of the Client in the public galleries on hiswebsite or in other advertising materials as reference and proof of his work. TheProvider is permitted to publish the URL of the website processed by the Provider inaddition to the Client's email address. The Client allows the Provider to publish a linkat a suitable place (normally in the Legal Notice) on his own website.
In the absence of any other written agreement, the place of performance shall be theProvider's registered office. Unless otherwise stipulated in the order confirmation,Munich, Germany shall be the place of jurisdiction. The law of the Federal Republic ofGermany shall apply.
If any one of these provisions should be null and void, it shall not affect the validity ofthe other provisions. Ineffective provisions shall be replaced by valid provisions whichbest replace their economic purpose.