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Terms and Conditions

1. General

1. These terms and conditions listed here apply to all contracts that are concluded between you (also referred to as the customer or client) and us, the service provider (FoxWebFlow - Stefan Flaschko), and are binding. This applies unless a different agreement has been made in writing by both parties. Customer terms that contradict or deviate from our terms require our explicit written consent to be valid.
2. Some of our services have special regulations that supplement these general terms and conditions. These regulations apply even if the services constitute only a part of a larger package that you have booked, which includes other services.
3. The term "Service" refers to the contractual agreement, regardless of its specific nature, whether it is a purchase, work, service contract, or any other form of contract.
4. Orders or changes to orders are binding for the contractor only if they have been recorded in writing or confirmed in text form.

2. Contract and Costs

1. The services of the contractor are provided as a service. Any deviation from this must be recorded in the contract.
2. The contractor has the right to use other companies or third parties (subcontractors) for the execution and realization of the order.
3. The prices mentioned in the offer are non-binding; only the prices in the contract are binding. Prices are stated in Euros.
4. The costs for subsequent changes are to be borne by the client.
5. If, for unavoidable technical or practical reasons, the order cannot be carried out as described in the offer or order confirmation, the contractor has the right to terminate the contract. The contractor can also terminate the contract before or during the execution of the order if the client violates legal regulations with the commissioned service, disregards the rights of other individuals, fails to adhere to basic ethical standards, or exhibits discriminatory or derogatory attitudes. In such cases, the client has no right to compensation. Changes required due to legal requirements or official regulations are considered extensions of the contract.
6. If the contractor offers services or benefits free of charge or on a voluntary basis, the contractor reserves the right to terminate these at any time and without prior notice. In such cases, there is no entitlement to price reduction or compensation.
7. The delivered service remains the property of the contractor until the client has fully settled all open claims of the contractor at the time of invoicing.

3. Deadlines and Dates

1. Specified deadlines and dates for deliveries are generally binding. However, orders do not automatically constitute binding fixed transactions within the meaning of §§ 281, 323 BGB and § 376 HGB. Such binding obligation only arises if it has been specifically agreed upon or clearly results from the nature of the order.
2. In case of delays, the contractor will inform the client as soon as possible and provide reasons and the expected duration.
3. Specified delivery deadlines only start when the client has provided the contractor with all necessary information, materials, or other required support for production or completion of the order. If the client requests changes during the processing period, this will lead to a reasonable extension of the agreed deadlines.
4. In the case of the delivery of items, the client bears the risk and costs of shipping.

4. Copyright

1. The client guarantees that all materials provided to the contractor, such as media, photos, images, files, software, etc., do not infringe upon the rights of third parties, including copyright, trademark, personality rights, possible patent rights, or other industrial property rights, as well as applicable competition law. The client undertakes to indemnify the contractor from any third-party claims and associated legal defense costs and to provide reasonable support in defending against such claims.

5. Rectification

1. If the contractor's performance does not conform to the contractual agreement, the client must set a reasonable deadline for rectification.
2. If rectification or replacement delivery is delayed, omitted, or fails, the client has the right to withdraw from the contract or demand a reasonable reduction in payment.

6. Invoice

1. Unless otherwise stated in the contractor's invoice, the amount must be paid immediately upon receipt of the invoice.
2. If, after the award of the contract, the client requests additional services that result in additional work for the contractor, the contractor must promptly inform the client of this additional effort. If the contractor fails to inform the client of the additional effort, the contractor's claims based on the agreed consideration remain unaffected.

7. Photos and Videos

1. Costs for photos and videos are to be borne by the client.

8. Client's Documents

1. All materials or documents that the contractor receives from the client in the course of fulfilling the order remain the property of the client. These materials are used exclusively for the execution of the order and must be returned to the client upon completion of the order. This does not affect any retention rights that may belong to the contractor.
2. The contractor undertakes to treat all non-publicly known information, documents, and business secrets obtained during the course of the order strictly confidential, even after the completion of the order, even if the order is ultimately not executed. The contractor will not claim any rights from such confidential information, especially no claims to prior use in connection with patent applications. Furthermore, the contractor will ensure that its employees, subcontractors, models, and others involved in the execution of the order also adhere to these confidentiality obligations as far as necessary to maintain confidentiality.

9. Liability

1. The contractor and its employees are liable only in case of intentional misconduct and gross negligence. The contractor and its employees are not liable for slight negligence unless it concerns damages to life, body, or health, violated warranty promises, or claims falling under the Product Liability Act. This does not affect liability for the non-fulfillment of essential contractual obligations.

10. Law and Jurisdiction

1. German law exclusively applies to all contracts between us, the contractor, and the client, with the exclusion of the UN Sales Convention. This regulation applies to consumers only insofar as it does not affect the protection provided by mandatory consumer protection regulations of the country in which the consumer has his domicile or habitual residence.
2. The place of jurisdiction and place of performance is Dresden if the client acts as an entrepreneur, merchant, public law entity, or special fund under public law, and this also applies to international cases. In dealings with consumers, the generally applicable statutory provisions apply at this point.
3. If a clause in these General Terms and Conditions should be invalid, the validity of the remaining provisions is not affected by this.
4. In the event of discrepancies or uncertainties in translated versions of these General Terms and Conditions, the German version is decisive and authoritative for the interpretation of the terms.
5. The European Commission provides an online dispute resolution platform, which can be found at [https://ec.europa.eu/consumers/odr/](https://ec.europa.eu/consumers/odr/). However, we are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.