Terms of Service at Publisys Media
1. Applicability; Contract Conclusion
1.1 At Publisys Media, we provide our services based on the following General Terms and Conditions (GTC). These terms govern all legal relationships between our agency and you, our valued customer, even if not explicitly mentioned. The GTC applies to all transactions conducted by our clients.
1.2 The version applicable at the time of contract conclusion is paramount. Any deviations from these GTC and additional agreements with you are effective only if confirmed in writing by Publisys Media.
1.3 Unless expressly agreed otherwise in writing, your terms and conditions will not be accepted, and we object to any such terms. We keep you informed of any GTC amendments, and unless you object in writing within 14 days, the changes are considered agreed upon.
1.4 In case any provision of these General Terms and Conditions becomes ineffective, it won’t affect the remaining provisions and contracts. We’ll replace the ineffective provision with an effective one that aligns with its intended purpose.
1.5 Our offers are non-binding and subject to change without notice.
2. Social Media Channels
3. Protection of Concepts and Ideas
When you invite us to develop a concept before a formal contract, a “pitching contract” is formed, governed by these GTC. We recognize the value of our creative work and protect it. You agree not to commercially exploit our presented ideas without entering into a subsequent principal contract.
4. Scope of Services; Order Processing; Customer’s Duties to Co-operate
4.1 Our services are based on the details in the Agency Agreement or our acknowledgment of your order and the briefing report (“Offer Documents”). Any modifications require our written confirmation.
4.2 You must check and approve all our services within three working days of receipt; otherwise, they are deemed accepted. Timely and complete provision of information by you is crucial, and you are responsible for any additional costs due to incorrect or incomplete specifications.
4.3 You must clear provided documents for potential third-party rights and indemnify us for any related claims.
5. External Services; Commissioning of Third Parties
We may use external services at our discretion. Any obligations to third parties survive the contract.
Delivery or service periods are approximate unless expressly agreed to be binding. Delays due to reasons beyond our control may lead to extensions. In case of our default, you may rescind the contract after a reasonable grace period.
7. Early Termination
We may terminate the contract for cause with immediate effect in certain situations outlined in our terms. You can terminate for cause without a grace period in specific circumstances.
Our fees are due upon service delivery unless otherwise agreed. We may request advances for certain services. Fee details, including market rates, are specified in our agreement. Cost estimates are non-binding.
9. Payment; Retention of Title
Fees are due upon invoice receipt. We retain title until full payment. Default may result in statutory interest charges. In case of default, we may demand immediate payment for outstanding services.
10. Title and Copyright
We retain title to our services until full payment. You acquire usage rights upon full payment. Modifications require our consent, and use beyond the agreed scope needs approval.
11. Identification Marks
We reserve the right to reference our agency on advertising materials. We may reference our business relationship on our advertising media.
Any defects must be reported within eight days. We aim to rectify defects promptly. You are responsible for examining services’ lawfulness.
13. Liability and Product Liability
Our liability for slight negligence is excluded. We’re not liable for third-party claims, and you indemnify us in such cases. Claims for damages are limited.
14. Data Protection
We collect and process personal data for contract performance, support, and advertising purposes. You consent to electronic advertising communication.
15. Applicable Law
Our agreement is subject to applicable law.
16. Place of Performance and Place of Jurisdiction
Performance occurs at our office, and jurisdiction is at our registered office. We may also sue you at your general place of jurisdiction.
Thank you for choosing Publisys Media. We look forward to providing excellent digital marketing services for your business!