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General Terms and Conditions
These general terms and conditions apply to all contracts for marketing services between Momentum Media GmbH (hereinafter 'Agency') and its clients.
The agency provides marketing services in accordance with the agreed service descriptions and offers.
3.1. The remuneration for the provided marketing services is based on the agreed conditions and prices.
3.2. Invoicing is done in advance before the campaign begins. Invoice amounts are due immediately. If the client is in arrears with payment obligations or if there are justified doubts about the client's solvency, the contractor is entitled, even during the term of the contract, to make the continuation of the contract conditional upon settlement of outstanding invoices or advance payment, regardless of any originally agreed payment deadline.
3.4. The agency retains ownership of all provided services until full payment is received.
4.1. Cancellations of agreed services must be made in writing.
4.2. The client is entitled to terminate the contract before the start of the agreed placements. In this case, the following cancellation fees shall be deemed agreed, with simultaneous waiver of §§ 649, 615 BGB (German Civil Code): For termination up to 3 months before the start of the placement, 30% of the respective net order amount plus statutory sales tax; up to 8 weeks before the start of the placement, 80% of the respective net order amount plus statutory sales tax; up to 4 weeks before the start of the placement 100%, of the respective net order amount plus statutory sales tax.
The agency's liability is limited to gross negligence and intentional acts. Liability for indirect damages or lost profits is excluded.
Both parties agree to maintain confidentiality about all confidential information received within the scope of the contract.
7.1. All legal relationships between the agency and the client are subject to the laws of the Federal Republic of Germany.
7.2. The exclusive jurisdiction for all disputes arising from or in connection with this contract is Kiel.
If individual provisions of these terms and conditions are or become ineffective, the validity of the remaining provisions shall remain unaffected.