General Terms and Conditions
§1 Scope
These General Terms and Conditions (GTC) apply to all contracts between you, the customer, and us, DEFCOM ONE GmbH, covering our services, which include in particular:
Content and communications strategy
Brand and identity design
Digital campaigns
Strategic communications and public relations
Visual storytelling
Booking and use of our services requires that you act as a business customer within the meaning of § 14 of the German Civil Code (BGB), using our services as part of your commercial or self-employed professional activity.
Individual agreements with the customer take precedence over these GTC. The version valid at the time of service usage applies.
We do not recognise deviating terms and conditions of the customer unless we have expressly agreed to their validity.
§2 Subject of the Contract
We offer the creation and management of brands and communications strategies, among other services. Specific service descriptions are set out in the respective offer.
Services are delivered based on the customer's requirements. We do not guarantee a specific commercial or communications outcome.
§3 Conclusion of Contract
The presentation of our services on our website or in advertising materials does not constitute a binding offer.
A contract is concluded once the customer accepts our offer, in writing, text form, or orally. Oral acceptance is confirmed in writing within one business day.
We reserve the right to decline orders, in particular where technical implementation is not feasible.
Fixed-price contracts may not be terminated early by the customer without written notice (email is sufficient). Termination within 14 days of signing entitles us to invoice completed workdays at a daily rate of EUR 1,000.00 plus VAT, subject to a minimum charge of 25% of the total contract value. After 14 days, at least 50% of the agreed offer value is invoiced, plus, for projects planned to run longer than three months, the proportionate sum for the month of termination and the following month. The customer remains free to demonstrate that we incurred no damage, or a materially lower damage, than the above amounts.
§4 Prices and Payment Terms
All prices are net and subject to statutory VAT.
Payment, in particular of agreed deposits, is due on invoicing and prior to the start of service delivery, unless otherwise agreed.
§5 Customer Cooperation
The customer must cooperate, in particular by providing information and materials required for service delivery.
We are not responsible for delays caused by the customer's failure to meet cooperation obligations.
§6 Warranty and Liability
Claims for defects require that the customer has met its inspection and notification duties under § 377 of the German Commercial Code (HGB).
Where a defect is established, we may, at our discretion, rectify or replace the service. If rectification fails, the customer may demand a price reduction or, in part, withdraw from the contract.
We are liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body or health, for guaranteed characteristics, and under the Product Liability Act. For slightly negligent breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely), our liability is limited to the damage typically foreseeable at the time the contract was concluded. Liability beyond this is excluded.
§7 Intellectual Property and AI-Generated Content
Unless otherwise agreed, all usage and exploitation rights in the deliverables created for the customer transfer to the customer upon full payment of the agreed fee. Until then, deliverables may be used for internal review purposes only.
Some deliverables may be created or supported with the assistance of AI tools. The customer acknowledges that, under current German copyright law, content generated entirely by AI without sufficient human creative contribution may not qualify for copyright protection, and that this can affect the customer's ability to exclusively enforce rights in such elements against third parties.
The customer is responsible for ensuring that any briefing materials, brand assets, or content it supplies to us do not infringe third-party rights, and indemnifies us against claims arising from such materials.
§8 Final Provisions
German law applies. Place of jurisdiction is Koblenz.
Amendments and supplements to these GTC require written form. This also applies to any waiver of this requirement.
Should any provision of these GTC be or become invalid, the validity of the remaining provisions is unaffected.