Terms & Conditions
1. Scope
Silberpuls GmbH & Co. KG ("we" or "Silberpuls”) is a corporate entity operating as a creative agency, specializing in product strategy and design.
These Terms and Conditions ("T&C’s") are binding and apply comprehensively to all service contracts that we enter into with our business customers ("you"), unless expressly agreed otherwise.
2. Services and Costs
We diligently provide tailor-made solutions that align with your specific requirements ("Project"). Prior to initiating work on your Project, we will conduct a detailed consultation, outlining the process, anticipated timeline, and estimated costs. Kindly be aware that our initial projections are informed by experience, and the actual costs and timeline may vary, contingent upon your distinct specifications and timely inputs. The service contracts (Dienstverträge) we conclude are time-dependent. Rest assured, no work shall commence nor charges be incurred until we receive your formal approval.
We consider each Project to be a collaborative endeavor, drawing upon our expertise while valuing your active involvement, as we create for your benefit. Therefore, it is of utmost importance that you effectively communicate your ideas and furnish us with consistent feedback regarding the Project's development. Additionally, unless explicitly stated otherwise, you are responsible for supplying any necessary materials, such as photographs, graphics, texts, and logos, ensuring their punctual availability. Accordingly, we expect prompt feedback and delivery of requested materials, usually within 48 hours, to optimize time and resources.
That being said, we shall maintain open communication, keeping you informed of any cost and timeline updates and providing assistance whenever feasible. In the event of any delays or potential discrepancies in costs, we shall promptly notify you and endeavor to find the most suitable solution.
3. Term, Payment, and Rights
We are dedicated to delivering a satisfactory service, and if at any point you express dissatisfaction or require a temporary cessation of our services, you may request us to pause work on the Project. In such cases, billing will cease, and you will retain full autonomy over the present Project without any obligations.
Invoicing occurs monthly for the previous month's services, with payment expected within 14 days. Should circumstances be challenging, and you require additional time for payment, kindly notify us, and we shall seek an amicable resolution.
4. Liability, Rights, Advertisement
Regarding the content you provide us, we are unable to verify third-party rights and therefore, you shall indemnify us from any claims made by third parties concerning the content you submit. Conversely, we shall provide indemnity to you for any claims pertaining to the content we furnish. Additionally, neither party shall be held liable for damages resulting from loss of profit.
Moreover, our mutual liability is limited to instances of intentional misconduct and gross negligence, except in cases of bodily harm or health-related issues.
Upon settlement of all outstanding invoices, we shall transfer all rights of use, exploitation, and ancillary copyrights ("rights") to you, granting you exclusive rights of use, exploitation, and ancillary copyrights for the duration of the statutory protection period without any spatial or content-related restrictions. You shall be entitled to utilize the content unrestrictedly and exclusively for your own purposes or extend these rights to third parties as exclusive rights.
We take immense pride in our Projects. Thus, we reserve the right to reference the Project to other customers and may include your logo on our website with a link to your webpage. Should you have any objections to this, kindly inform us promptly.
5. Final Provisions
Though we hope it shall never be required, in the unlikely event of a dispute with one of our esteemed customers, we shall address the matter in a court located in Berlin, Germany, under the jurisdiction of German law.