General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions apply to all contracts between Maluure GmbH (hereinafter the “Contractor”) and its customers (hereinafter the “Client”).

1.2 The Contractor provides services exclusively to businesses within the meaning of § 14 BGB (Section 14 of the German Civil Code) (B2B). Consumers are excluded from using the services.

1.3 Any differing, conflicting or supplementary terms and conditions of the Client shall not form part of the contract unless the Contractor expressly agrees to their application in writing.

2. Contract Formation

2.1 The contract is concluded when the Client confirms the offer in writing by email or signs a written contract.

2.2 Any amendments or additions to the contract must be made in writing. Oral ancillary agreements are not accepted.

3. Services Provided by the Contractor

3.1 The Contractor provides services in branding, corporate design, web design, web applications, print, video, photography, brand strategy and brand consultancy. The Contractor also offers consultancy and design services relating to legal matters, in particular data protection consultancy, data protection audits, accessibility consultancy and audits, and the design of website components with legal relevance. Clause 6 also applies to these services.

3.2 All services provided by the Contractor are exclusively for the contractually agreed purpose. Use of the services beyond the agreed purpose or their disclosure to third parties is prohibited.

3.3 The Contractor reserves the right to use and publish the work produced in its portfolio, unless this is excluded in writing before work on the commission begins.

4. Fees and Payment Terms

4.1 Unless otherwise agreed, fees are payable in two instalments:

• 50 % of the agreed fee is due when the commission is placed.
• The remaining 50 % is due before the project deliverables are handed over.

4.2 Invoices must be paid in full without deductions within 14 days of the invoice date.

4.3 If the Client defaults on payment, the Contractor is entitled to charge default interest at the statutory rate under § 288 para. 2 BGB (Section 288, paragraph 2 of the German Civil Code).

5. Liability and Warranty

5.1 The Contractor excludes all liability for ordinary negligence, except where essential contractual obligations are breached. In such cases, liability is limited to typically foreseeable damage.

5.2 The Contractor accepts no liability for damage caused by defective or delayed third-party products.

5.3 The Contractor is not liable for indirect damage, loss of profit, loss of data or other consequential damage.

5.4 Statutory liability for intentional misconduct, gross negligence and personal injury remains unaffected.

6. Services Relating to Legal Matters and Exclusion of Legal Advice

6.1 The Contractor offers services that may relate to legal matters (data protection audits, privacy policies, legal notices, cookie banners, accessibility audits under BFSG (German Accessibility Strengthening Act), BITV (German Accessible Information Technology Ordinance) and WCAG (Web Content Accessibility Guidelines)). These services are exclusively technical, design-related and organisational consultancy services.

6.2 The Contractor does not provide legal services within the meaning of § 2 RDG (Section 2 of the German Legal Services Act). Text modules, templates, recommendations and audit reports constitute neither legal advice nor a review by a lawyer.

6.3 The final legal assessment, acceptance and approval of all results are solely the Client's responsibility. The Client is expressly advised to have the results reviewed by a lawyer of their choice before publication.

6.4 Legislation, case law and interpretations by public authorities change continually. The Contractor has no obligation to monitor legal developments after the project ends unless a separate maintenance agreement has been concluded for this purpose.

6.5 In addition to the provisions of Clause 5, the Contractor accepts no liability for fines, costs arising from formal legal warnings, contractual penalties, claims for damages or other legal consequences arising from the use of such services.

7. Acceptance and Feedback

7.1 Acceptance of the services takes place after the Contractor presents the results.

7.2 The Contractor will only take into account feedback provided by the Client in writing.

8. Copyright and Rights of Use

8.1 The Contractor retains all copyright in the work created. The Client is granted a non-exclusive, non-transferable right of use solely for the contractually agreed purpose.

8.2 Sharing the work with third parties or using it beyond the contractually agreed purpose is permitted only with the Contractor's prior written consent.

9. Confidentiality

9.1 The Contractor treats all information provided by the Client as confidential.

9.2 Confidentiality agreements that exclude publication of the work in the portfolio must be concluded in writing before work on the commission begins.

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies exclusively.

10.2 The place of performance and jurisdiction is the Contractor's registered office, provided that the Client is a merchant within the meaning of the Handelsgesetzbuch (German Commercial Code).

10.3 If any individual provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.