Agentur für Kommunikation – by soellner GmbH, Seeholzenstraße 2, 82166 Gräfelfing, Germany (“slidepress”, “we”) offers a service for the creation, design and optimization of presentations, documents and other products (“Design Service”). This service is offered, among other things, under the websites www.slidepress.com and www.slidepress.com. For the use of the Design Service, the following General Terms and Conditions (“GTC”) apply between Agentur für Kommunikation – by soellner GmbH and you (“Customer”, “you”) in the version valid at the time the order is placed.
2. Contracting Parties and Subject Matter of the Contract
The design service includes the creation and/or revision of electronic presentation documents and/or other documents according to the customer’s specifications. Several product packages are available to the customer. The type and scope of the design adjustments and other revisions, as well as the file format, are determined by the customer via the booking options on one of the slidepress websites.
Subsequent changes to the order description require an express confirmation from the respective contractual partner in order to be effective.
Unless otherwise agreed, the respective services are services. Only if all contractual services serve to achieve a concrete success, it is a contract for work and services. Such a success agreement must be explicitly stated.
In addition, slidepress owes the customer services in accordance with the average type and quality customary in the industry.
3. Availability of the design service slidepress provides the design service
during business hours in the agreed quality. Business hours are Monday to Friday from 9:00 a.m. to 18:00 p.m. CET, with the exception of maintenance windows and public holidays. Maintenance can be carried out daily from 0:00 a.m. to 6:00 a.m. CET and if maintenance work is urgently required to maintain operations (“maintenance window”). During business hours, the design service is available to the customer 98 percent per month (“agreed quality”). slidepress is constantly striving to extend its operating hours.
4. Order processing
slidepress is free with regard to the type of execution of the agreed individual orders according to time and place.
slidepress has the right to use subcontractors to fulfill its contractual obligations.
slidepress owes the customer services in accordance with the average type and quality customary in the industry. slidepress has the right to cancel or terminate any individual order with immediate effect.
5. Conclusion of the contract / user relationship
By clicking on the “Order design” button, the customer submits an offer to slidepress to conclude a contract in accordance with these terms and conditions. The contract is only concluded by order confirmation or by the beginning of the actual execution of the design service by slidepress.
Only legal entities or commercial users can use the design service.
6. Obligations of the customer and revisions:
The customer is obliged to make the content for the presentation documents available via the slidepress website in the file format specified therein.
The customer is obliged to check delivered work results immediately and to declare acceptance in writing or with the help of the slidepress platform within 14 days. If no declaration of acceptance is made, the performance of slidepress shall be deemed to have been accepted after expiry of this period.
If acceptance fails, the customer shall provide slidepress with a list of all defects preventing acceptance via the website offered by slidepress. After expiry of a reasonable period of time, slidepress must provide a defect-free and acceptable version of the respective service. In the course of the subsequent inspection, only the recorded deficiencies are examined, insofar as they can be the subject of an isolated examination according to their function.
Due to insignificant defects, the customer may not refuse acceptance. However, this is subject to the immediate elimination of the defects by slidepress. These deficiencies must be listed individually in the acceptance report.
The customer is entitled to up to two revision loops. Further revision loops will be invoiced at 25% of the respective order value.
The communication between the customer and slidepress takes place exclusively via the communication channels described on the slidepress website.
7. Legal obligations to cooperate
The customer shall ensure that the content provided by him is free of third-party rights and that its publication does not violate applicable law in any way. The content provided also includes content and its sources that the customer recommends or suggests to slidepress with regard to the performance of its tasks.
Should a third party assert the infringement of rights or other violations of the law against slidepress, slidepress shall inform the customer immediately. In this case, the customer has the right to take over the defense and indemnifies slidepress against all claims and damages.
8. Scope of the transferred rights of use slidepress transfers to the customer the rights
of use to its work results (hereinafter referred to as “protectable service”) required for the respective purpose of the service in the scope of use, the duration of use and the spatial scope of application corresponding to the order description. Unless otherwise agreed, a simple right of use is transferred in each case.
The rights of use to the protectable services are only transferred to the customer after full payment of the remuneration by the customer.
slidepress is entitled to name the customer as a reference with a summary of the results achieved, subject to any confidentiality obligations or deviating agreements.
slidepress receives a fee for the performance of the design service in accordance with the booking option selected by the customer on the website or an individual offer created by slidepress. 50% of the remuneration is due upon commissioning, the remaining 50% is due upon completion of the project. slidepress has the right to automatically debit a payment method stored by the customer (e.g. credit card, PayPal, SEPA direct debit mandate) for this purpose and, if necessary, to authorize an appropriate additional amount for further services. Different payment modalities may be agreed in writing between the contracting parties.
Unless expressly stated otherwise, all amounts quoted are net amounts, i.e. plus the statutory value added tax.
If the contract ends prematurely, slidepress is entitled to the remuneration corresponding to its services rendered until the termination of the contract.
slidepress, its legal representatives and vicarious agents are liable for (i) intent and gross negligence, (ii) injury to life, limb or health, (iii) for fraudulently concealed defects and (iv) in the event of the assumption of a guarantee in accordance with the statutory provisions.
In the event of slight negligence, slidepress shall only be liable for the breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. Essential contractual obligations are those obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the end user may regularly rely.
Liability under the Product Liability Act remains unaffected.
In all other respects, the liability of slidepress is excluded.
11. Data protection We collect, process and use your personal data in accordance with the applicable data protection
12. Final provisions
Unless otherwise agreed, the customer may send all declarations to slidepress by e-mail or letter to slidepress:
Agentur für Kommunikation – by soellner GmbH
82166 Gräfelfing -Germany
These terms and conditions apply exclusively to all design services carried out via the slidepress website in the relationship between slidepress and the customer. The inclusion of the customer’s general terms and conditions is expressly contradicted.
Should individual provisions of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The contracting parties shall endeavor to replace the invalid provision with a provision that best meets the legal and economic objective of the contract.
The customer can only offset claims of slidepress with undisputed or legally established counterclaims.
German law applies.
As of July 2017.