Terms and Conditions
For any business relationship between Cross Over Media UG (furtherly referred to as „COM“) and its customers, These General Terms and Conditions in their current version shall apply. Applicability of differing provisions or differing General Terms and Conditions is rejected expressively.
- Services provided by Cross Over Media
COM provides a comprehensive set of services (Part B. of these General Terms and Conditions). The customer orders one or more elements from the service portfolio.
- Forwarded orders
In the event that COM undertakes to assign a third party with the fulfilment of an order, such order shall be considered to be fulfilled upon assignment by COM on it’s own behalf.
Publicly available pricing information as provided by COM are non-binding . Solely prices referred to in individual offers shall be considered to be binding.
- Conclusion of contract
A contract between the customer and COM shall be concluded upon sending of an order confirmation by COM. In the event that advance payment is agreed, sending of the invoice shall be considered as order confirmation.
- Service portfolio
COM offers services in the fields of web, videos, search engine optimising and telephone marketing. COM performs its services according to the customer’s wishes and specifications. Installation, instruction and data maintenance shall solely be considered as parts of the services to be provided by COM when expressively agreed the parties.
The customer shall release COM from any third-party-claims regarding data provided. In case of loss of data COM shall not be liable, as long as such loss has not been conducted maliciously or grossly negligent by COM or its agents. In such case, COM may request repeated transfer of data free of charge or refrain from the performance of the order.
The customer agrees to the collection, storage, deletion, and, if applicable, processing of personal data to third parties for the purposes of the performance of the contractual relationship entered into here.
Furtherly, the parties agree on the disclosure of any business secret or other information gained in the course of the cooperation, and to impose such obligation to any third party handling such data or information on the particular party’s behalf.
Unless otherwise agreed, invoicing shall be performed in advance according to the current pricing schedule or as agreed individually between customer and COM. An instalment of 50% of the invoice amount is due immediately and without deduction. Final payment shall be performed upon finalisation of the order. Upon Reception of the instalment and provision of the data required for the proper performance of the order, COM shall undertake to perform the services as agreed.
In case of default of payment, COM reserves the right to refrain from the performance of services ordered until the payment is settled, and to charge the customer with additional costs when incurred. Objections on incorrectness or incompleteness of an invoice must be provided by the customer within one week upon reception.
Additional services not contained in the offer or invoice text are subject to separate agreement between customer and COM and additional remuneration.
- Trade- and copyrights
The customer retains all legal responsibility regarding copyrights, protection of minors, press law, and basic personal rights (such as the right of a person to its own likeness). The customer shall, for publication purposes, solely provide texts and images the customer retains rights of use and with consent of any person displayed. Copyrights for any works performed by COM will remain with COM.
Justified requests for rectification due to defective delivery or performance will be settled upon due notification and assessment.
In the event of justified requests for rectification, COM provides a corrected version to the customer, free of additional charge. Services performed furtherly will be invoiced effort-based.
Claims for defective performance are excluded in case the defect is insignificant and does not affect the agreed use.
The customer takes over sole responsibility for the legal legitimacy of the projectual works as provided by COM within a project.
Claims for damages against COM are excluded, when not based on wilful misconduct or gross negligence by COM or its agents. Liability for negligence is excluded (to the highest permissible extent).
Damages to be claimed by COM are limited to the amount typically incurred for such type of business, and being foreseeable upon conclusion of contract or violation of the contractual duty.
Liability for any further damages is excluded, especially for damages due to loss of data, hardware inconsistencies arising from incapability of components installed on the customer’s systems, and which may also arise from existing misconfiguration and/or driver or further software not being deleted fully.
- Applicable law and place of jurisdiction
The law of the Federal republic of Germany shall apply, the provisions of the UNCCISG are excluded expressively. Place of jurisdiction is COM’s place of residence.
In the event that a provision of these General Terms and Conditions shall be or become void or unenforceable, all other provisions shall remain in force. The void por unenforceable provision shall be replaced by a provision reflecting the economic aims of the parties and similar to extent possible.
- Prevailing language
In case of inconsistencies between the different language versions of these General Terms and Conditions, the German language version shall prevail.
- Special provisions for specific components of the service portfolio
- Special provisions for domain services
COM merely mediates the registration and registration of domains and has no influence on the domain assignment. COM does not warrant that the domains requested for the customer will be assigned at all or that the domains allocated will be free of third party rights or permanent.
COM is not obligated to examine or monitor the domain requested by the customer or its use for the violation of legal regulations or rights of third parties.
- Special provisions for search engine optimising (SEO)
COM optimizes customer-matched keywords in the search engine in question with the aim of professionally marketing the client's website.
The publication and positioning of the customer's website in the results of the search engine is at the sole discretion of the respective search engine provider.
COM assumes no responsibility for the publication of the customer's website by a particular search engine provider or the achievement of a specific positioning of the website in the search results. This also applies to a deletion of the website from the results of one or more search engine providers.
- Special provisions for animated explanation videos & image films
The customer commissions COM in accordance with these General Terms and Conditions with the production of an image or animated explanatory video with which the service user can advertise itself or distribute it independently and make it publicly accessible.
The customer undertakes to check animated explanatory videos or image films produced for him immediately after completion or after publication on the website or at a streaming service provider (e.g. www.youtube.com) and any errors within a maximum of one Week from handover in writing to complain. If no timely complaint is made, all warranty claims of the service provider are void.
Any change requests of the customer arising during the acceptance will be carried out by the COM free of charge, provided that these changes or adjustments are planned in the storyboard / offer / order. For changes, which were caused by the customer (as for example subsequent text changes concerning the text and / or the setting) the additional costs incurred by the COM by the respective adjustment are additionally charged to the customer. Unless otherwise agreed, the extra effort will be remunerated at an hourly rate of 65,00 euros net per hour. The same applies to requests for changes or additional services ordered by the customer after acceptance, unless the parties hereby make a separate, deviating agreement.
Insofar as the customer has already accepted partial production steps but still wishes to make changes to the production steps that have already been accepted, COM will incur additional expenses (in connection with the processing of the change requests) with an hourly rate of 65,00 Euros net (plus the applicable VAT). If additional external costs and / or expenses for COM arise as a result of the adjustment, these must be paid in addition to the additional costs.
After the acceptance of the animated explanatory video / image film by the customer COM is automatically granted the right to use the material produced as a reference. If the customer does not agree with this, he shall inform COM in writing within 5 working days after acceptance of the explanatory video / image film.
By placing the order, the customer confirms that he has acquired and is free to dispose of all necessary rights of use of copyright, ancillary copyright and other rights to the texts, photos, logos, fonts and music subject to license, and assumes the legal responsibility for this. The customer exempts the COM from all costs and claims of third parties, which may arise from the violation of copyright, competition, press, criminal or other legal provisions at COM.
The COM may assign or transfer rights and obligations arising from the order to a third party at any time. The customer expressly gives its consent in that regards. As long as the customer has not been notified of the transfer, it is entitled to pay to the COM with a debt-discharging effect.
COM expressly reserves the right to refuse the production of animated explanatory videos and image films for reasons that make a contract implementation unreasonable for COM. This is particularly the case if the production or parts thereof could violate or infringe copyright, competition, press, criminal or other legal provisions.
The customer has the right to be informed about the reasons for the refusal. If the customer is not able to provide new image material (videos, logos, graphics, photos), texts, fonts or music subject to license requirements, the customer is entitled to a refund of payments already made. If COM is not responsible for the unreasonableness of the performance of the contract, any costs incurred by COM in this refund claim must be deducted. Any further claims of the customer are excluded. If no payments have been made by the customer in such a case, COM may demand compensation for the costs incurred.
The COM is not liable for the produced animated explanatory videos and image films achieving certain results (e.g. possible sales increases).
- Special provisions for social media services
The customer commissions the COM with one or more components of the service portfolio as defined below.
The service components include:
Strategy consulting and strategy development:
Development of social media entry strategies,
Development of company-specific social media activities,
Development of cross-platform strategies,
Creative implementation regarding design, technical implementation and / or design:
customer websites, in particular micro-sites,
social media sites such as Facebook or LinkedIn corporate sites or Twitter accounts,
Social Media Monitoring & Analysis,
Supervision of one or more social media accounts for the customer (community management) in the form of:
administration and technical support as far as this is possible within the framework of the respective social media platform,
editorial support, which cmay range from ongoing consulting to comprehensive community management,
and possibly other services by arrangement.
As far as COM or third parties commissioned by it set up and / or use social media accounts for the customer, this setup and / or use is done on the respective social media platform named and authorized by the customer. Contracting party of the respective platform becomes the customer.
The scope of the administrative, technical and / or editorial support of the social media accounts is determined by the specific assignment.
COM is obligated to treat customer's access data for social media accounts as strictly confidential, to keep it safe and not to disclose it to unauthorized third parties.
COM is further obligated to issue the access data acquired in case of the establishment of an account at the latest when the contract is terminated and thus to hand over the account completely to the customer. The customer has the right at any time to request the access data for the respective social media accounts.
Customer understands and acknowledges that COM has no control over the operation of any social media platforms it may have recommended but operates on behalf of third parties, and that COM assumes no responsibility for the operations of these social media platforms.
Insofar as copyrighted works such as texts, photographs, graphics, other audio or video files or software applications are created within the scope of an order, the customer receives a license to use the copyrighted works against payment of the license fee specified in the respective order concrete design within the scope of the respective contract. The right of use may be limited factually, temporally and locally as well as a simple, non-exclusive or exclusive right of use.
In case the customer provides copyrighted content for the realization of the order, in particular texts, photographs, graphics, other audio or video files or software applications, the customer guarantees COM to have the necessary copyright and usage rights. The customer transfers to the COM with regard to the delivered contents all rights of use necessary for the fulfillment of the contract. The customer is committed to granting these rights to third parties. The above also applies mutatis mutandis with respect to the consent of imaged persons with regard to their personal rights.
In case of ordered videos, pictures or graphics are created containing portraits of persons (actual pictures or recognizable computer animations), the customer is responsible for obtaining the consent of the respectively depicted person and bears the license fees that may be incurred.
The customer is aware that the social media services, some of which provide the services of COM (such as the community management of a Facebook page), are operated by third parties and the COM on the operation of these social media services has no influence and assumes no liability or guarantee for this.
COM UG, Lübecker Str. 128, 22087 Hamburg
Place of residence: Hamburg
Registry court: Amtsgericht Hamburg
Company registration: HRB 148807
Last updated: 01.01.2018