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If individual contractual agreements exist, they take precedence over these T&Cs. Any differing terms and conditions of the client shall not apply unless OTOKO Media GmbH has expressly agreed to them in writing.
These T&Cs apply to all business relationships between OTOKO Media GmbH and its clients. They cover all services, project work, consulting, and deliveries, unless expressly agreed otherwise in writing.
The contractual relationship is primarily governed by individually agreed contracts or project agreements. In addition, these T&Cs and the statutory provisions of the Federal Republic of Germany, in particular the German Civil Code (BGB) and the German Commercial Code (HGB), shall apply.
The type and scope of the services owed are specified in the respective contract, offer, or written order confirmation. OTOKO Media GmbH is entitled to engage third parties as vicarious agents to fulfill its contractual obligations.
OTOKO Media GmbH shall only be liable for damages, regardless of the legal basis, in cases of intent or gross negligence. In cases of simple negligence, OTOKO Media GmbH shall only be liable for damages resulting from injury to life, body, or health, or from the breach of an essential contractual obligation (cardinal obligation). Liability for indirect damages, consequential damages, loss of profits, business interruptions, data loss, or other financial losses is excluded to the extent permitted by law. Liability for damages to third parties, whether directly or indirectly resulting from the service, is also excluded.
The client undertakes to provide OTOKO Media GmbH with all information, documents, and access necessary to perform the services in a timely manner. Delays or additional costs resulting from a breach of these cooperation obligations shall be borne by the client.
Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date. In the event of default, OTOKO Media GmbH reserves the right to charge statutory default interest as well as reminder fees.
All concepts, texts, designs, software solutions, and other work results created by OTOKO Media GmbH are subject to copyright law. Usage rights are granted only to the extent agreed in the contract or order confirmation.
Both parties agree to keep all confidential information obtained during the collaboration secret and not to disclose it to third parties without the prior written consent of the other party.
The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for all disputes, to the extent legally permissible, shall be Cologne. Should individual provisions of these T&Cs be invalid or become invalid, the validity of the remaining provisions shall remain unaffected.
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