Am Sandtorkai 75
E-mail: mail (at) montua-partner.de
Managing Director: Andrea Montua
Value Added Tax ID: DE814626292
Local court Hamburg – HRB 97802
All rights reserved.
The content of this website is protected by copyright law.
MontuaPartner Communications grants you the right to save and reproduce texts from the “Press” section.
Managing Director: Andrea Montua.
The content of our webpages was created with the utmost care. However, we cannot assume any liability for the accuracy, completeness, and timeliness of said content. According to § 7 para. 1 TMG (German Teleservices Act), we, as a service provider, are responsible for our own content on these pages pursuant to general law. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored external information or to investigate circumstances that may indicate unlawful activity. Obligations to remove or block the use of information pursuant to general law remain unaffected. However, liability in this regard is only possible from the date that we become aware of a specific infringement. Upon notification of a relevant infringement, we will remove such content immediately.
Liability for Links
Our service offer contains links to external third-party websites; we do not have an influence on their content. Therefore, we cannot assume any liability for such external content. In all cases, the respective provider or operator of the webpages is responsible for the content on the linked webpages. At the time that the link was placed, the linked webpages were reviewed for possible legal violations. Illegal content was not found at the time the website was linked. However, permanent content review of the linked webpages is not reasonable without concrete evidence of an infringement. Upon notification of infringements, we will remove such links immediately.
The content and works created by the site operators on these webpages are subject to German copyright law. The reproduction, processing, distribution, and any kind of use outside the limits of the copyright require written consent from the respective author or creator. Downloads and copies made from this website are solely for private, non-commercial use. Insofar as the content on this page was not created by the operator, the copyrights of third parties are to be considered and respected. In particular, third-party content will be marked as such. In the event that you should still become aware of a copyright infringement, we kindly ask you to notify us thereof. Upon notification of infringements, we will remove such content immediately.
GENERAL TERMS AND CONDITIONS
The following general business and delivery terms and conditions apply exclusively to all contracts and orders relating to consulting, conception, planning, organization, layout and clerical work, unless otherwise stated in the offer from MontuaPartner Communications or in written agreements between the parties.
(2) Scope of Services
The assignments, procedures and type of work results are defined by the offer from MontuaPartner Communications, unless otherwise arranged in the written agreements of the parties involved. Changes, additions or extensions to the assignment or tasks, the procedures or the type of work results require a special written agreement.
(3) Client’s Obligation to Cooperate
The client is obliged to support the activities of MontuaPartner Communications. In particular, the client creates all the prerequisites in the areas of their operating sphere that are necessary for the provision of the service free of charge. If the client fails to cooperate, MontuaPartner Communications is entitled to terminate the contract after a reasonable grace period has been set. MontuaPartner Communications retains the right to renumeration subject to the provisions of §642 para. 2 BGB (German Civil Code). This does not effect MontuaPartner Communication’s claims for reimbursement of additional expenses and damages caused by the client’s failure to cooperate, even if MontuaPartner Communications does not exercise its termination right.
(4) “MontuaPartner Communication’s” Confidentiality Obligation
MontuaPartner Communications is obliged to handle information about a client’s trade and business secrets confidentially and, if requested, to have its employees sign a corresponding declaration of commitment in accordance with § 5 of the Data Protection Act. If one of MontuaPartner Communication’s employees violates this obligation, MontuaPartner Communications fulfills its resulting obligation to pay compensation to the customer by assigning its recourse claims against the employee to the customer.
The client must accept the project in writing if there are no significant defects. If MontuaPartner Communications is not notified in writing of any such significant defects within 10 calendar days after the notification of completion/handover, the project shall be considered to have been accepted. MontuaPartner Communications must be informed in writing of an defects in print objects/projects prior to printing.
Remuneration for services performed by MontuaPartner Communications is based on the rates specified in the individual agreements, unless otherwise specified in special cases. If fixed prices for projects have been agreed upon, 1/3 of the contract amount is due upon conclusion of the contract, 1/3 upon delivery and 1/3 upon acceptance of the service, in each case within 14 days without deduction. Hourly fees are invoiced monthly, and are payable within 14 days of receipt of the invoice without deduction. The fees and other invoiced costs (expenses, incidental costs, etc.) are subject to the applicable value added tax, currently 19%. In the event of a default in payment, defaulted interest shall be payable at a rate of 8% p.a. above the respective base rate.
(7) Interpretation Assistance for the Absence of Defects
If an order is divided into several sections (phases), the client will receive work documentation based on the progress of the work. This serves as information about the respective status of the project. If such documentation does no lead to an immediate and well-founded complaint, it serves as an aid in the interpretation of a the subject matter of the contract with regard to its absence of defects.
(8) Default / Liability / Force Majeure
If MontuaPartner Communications defaults in the fulfillment of its obligation, the client may withdraw from the contact after a reasonable grace period set by MontuaPartner Communications if the services agreed upon have not been rendered by the deadline. Damages due to delays, as well as liability for negligence, can only be claimed up to the total amount of the contract value. Force majeure events entitle MontuaPartner Communications to postpone the fulfillment of its obligations for the duration of the hinderance and an appropriate response time. Force majeure shall include strikes, lockouts and similar circumstances that make services much more difficult or impossible for MontuaPartner Communications.
(9) Contract Duration and Termination
The duration of the contract is determined by the agreement between the parties to the contract. In the event of an extraordinary termination, the contractor shall be remunerated on a pro rata basis for the defect-free services rendered up to the time of termination in accordance with the scope of the contract.
(10) Right of Retention / Offsetting
The client is only entitled to assert a right of retention based on counterclaims from the concluded contract. Offsetting by the client is only possible with undisputed, legally enforceable claims or if the claims involved are ready for decision.
The client receives, upon full payment of the remuneration, the temporal, spatial and objectively unlimited, exclusive rights to continue and further develop the services and works created by MontuaPartner Communications for the customer-specific contractual services of MontuaPartner Communications as well as the related works, e.g. articles, presentations, documentations, documents, etc., as well as the right to reproduce the same or to transfer to sound, image and data carriers without the consent of MontuaPartner Communications. The client assures that no intellectual or industrial property rights or copyrights of third parties are compromised by the production of the printed matter ordered and that such printed matter does not contain any anti-competitive content and does not threaten public order or morality. If the client violates the rights of third parties in this context, the client shall indemnify MontuaPartner Communications from all third party claims.
(12) Naming as a Reference Customer
MontuaPartner Communications is allowed to name the client as a reference customer and use the company’s logo as long as the client does not object in writing.
Offers are valid for 30 days. If a contract has not been concluded by this time, MontuaPartner Communications is no longer bound to the offer. The laws of the Federal Republic of Germany are to be applied exclusively. Only the German text of the Terms and Conditions is legally binding. The English translation only serves as non-binding assistance. Deviations of the English text or text comprehension do not affect the exclusive validity of the German text and its understanding. For a copy of the original Terms and Conditions, please click here. If any of the provisions of these terms and conditions are invalid, the remaining provisions shall not be affected. The parties are obliged to replace invalid provisions with economically equivalent ones. Any amendments or changes to these terms and conditions, including this clause, or to collateral agreements must be made in writing. Place of fulfilment and sole court of jurisdiction is Hamburg.
Updated: March 2021