Terms & Conditions

All services and deliveries rendered by partnership for development GmbH are subject to these Terms and Conditions. Differing agreements, in particular contradictory terms and conditions of business require our explicit confirmation in writing.

1. Offer and Order

The services to be rendered by partnership for development GmbH will be specified by written offers. Expenses and costs are differentiated in the offer of partnership for development GmbH and are fixed in relation to performance. All offers are subject to change, as far as no temporal validity is fixed. Prices and cost estimates are based on the knowledge and experience gained at the time of submitting the offer. partnership for development GmbH reserves the right to make changes to the offer until receipt of the client’s declaration of acceptance. The text form applies to the declaration of acceptance.

An order is concluded by the respective order confirmation (declaration of acceptance) of the client. The client places the respective order in text form on the basis of an offer submitted by partnership for development GmbH.

2. Provision of Services

partnership for development GmbH is entitled to use third parties to fulfil its performance obligations.

partnership for development GmbH assures that all persons deployed for the implementation of the project have the necessary qualifications, are suitable for the services to be performed and also act in personal accordance with the quality standards of partnership for development GmbH.

The partnership for development GmbH is not liable for delays and other disturbances in the provision of services caused by the client or within his sphere of influence. The liability of partnership for development GmbH is also limited to intent and gross negligence.

3. Cooperation of the Client

The client undertakes to provide partnership for development GmbH with the agreed information, documents and ressources/tools required for the implementation of the order with reasonable advance notice.

4. Payment Terms

The services of partnership for development GmbH will be invoiced after they have been rendered. If the services are rendered in installments, the invoicing shall also be agreed in corresponding installments.

Remuneration shall be based on the actual expenditure incurred. In consultation with the customer, additional services may be invoiced, such as the use of technical personnel, usage fees for media and equipment, the preparation of protocols and documentation.

Invoices shall be issued at the end of each month for services rendered up to that point in the month. The client comits to pay each individual invoice within four calendar weeks of receipt of the invoice. Rights of set-off and retention are excluded.

All prices are exclusive of VAT, unless an express deviating regulation has been made in text form.

5. Service failure and Cancellation

In case an appointment/a deadline for the delivery of services by partnership for development GmbH cannot be met due to force majeure, illness, accident or other circumstances for which partnership for development GmbH is not responsible, partnership for development GmbH is entitled, under the exclusion of any liability for damages, to deliver the services at a new date to be agreed.In the case of successive appointments, the expiry date shall be postponed by one appointment, so that a new last appointment shall be agreed.

If the client does not meet an appointment/ deadline agreed on with partnership for development GmbH, the client is liable for the agreed remuneration as follows:

– up to 60 days before the scheduled date: no fees

– 60 to 30 days before the scheduled date: 25% of the remuneration

– 30 to 10 days before the scheduled date: 50% of the payment

– if less than 10 days before the planned date: 100% of the remuneration is paid

The above liability sums will not be offset against a later date.

6. Approval and Verification

partnership for development GmbH engages to always obtain approval of the client before producing any media. This is done by the client signing off the corresponding drafts.

The client undertakes to check the legal admissibility of all services proposed and designed by partnership for development GmbH in words and pictures. partnership for development GmbH expressly and completely excludes any guarantee for the protectability and the non-competitive nature of the work. Such a verification does not belong to the scope of services of the contractor.

7. Insurance and Storage

In terms of the client’s property, in particular manuscripts, originals, camera-ready artwork, source media, etc., partnership for development GmbH assume no liability during transport and storage unless partnership for development GmbH has acted intentionally or with gross negligence and this is the basis for damage.

8. Property rights | Competition

The expertise provided by partnership for development GmbH within the scope of the provision of services is protected by international copyright. The client receives the right to use the know-how (e.g. in the form of instruments, systems, forms, checklists) exclusively for internal purpose. The transfer of the know-how (media, concepts etc.) provided in connection with the order to third parties is expressly prohibited without a prior written agreement.

Insofar as company-specific documents are jointly produced within the framework of the performance of the order, the client shall be solely entitled to the copyright and the associated rights of use. However, paragraph 1 must be observed in a restrictive manner.

partnership for development GmbH shall be entitled to a free specimen copy of all documents created within the scope of order fulfilment, which may be used anonymously as a reference for self-advertising and for publications and conferences, provided that no company-specific content is made accessible to third parties.

partnership for development GmbH is entitled to offer its general services to competitors of the client, unless otherwise agreed between the parties in an individual contract.

9. Confidentiality

The partnership for development GmbH undertakes to maintain secrecy about all confidential, internal and other business secrets during the term of the cooperation and after its termination for an indefinite period.

The term business secret covers all internal company knowledge, processes and information which are only accessible to a limited circle of persons and/or which, according to the will of the client, should not become known to the general public. This also applies to business secrets of the clients’s customers.

10. Consent reference

partnership for development GmbH is entitled to refer to the existing or past business relationship with the client for reference, marketing and advertising purposes, in information and advertising materials, in electronic form or in text form (in particular on its website, in product sheets, presentations and other advertising and product information materials), to name the client as its customer and, exclusively for this purpose, also to use photos, logos or trademarks of the client free of charge for a period of 5 years, and to reproduce and distribute these materials. This consent can be revoked by the client at any time in whole or in part in text form.

After a revocation, partnership for development GmbH will immediately remove all mentioned contents and will refrain from distributing printed products with corresponding contents. Printed products created for a specific event may continue to be distributed for up to two months after revocation.

With the remuneration agreed between the parties for the order, a compensation for the reference use is tacitly included.

11. Final provisions

Should provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions. The ineffective provision shall be replaced by a provision which comes as close as possible to the real intention of the contracting parties.

In the case of conflicting terms and conditions, the effect of the clauses that are conflicting shall be exclusively void. The general terms and conditions in other respects shall remain effective. Any loopholes in the regulations will be filled by the generally applicable laws.

The law of the Federal Republic of Germany applies exclusively. In particular, the UN Convention on Contracts for the International Sale of Goods shall not apply.

Place of jurisdiction is the registered office of partnership for development GmbH.