General Terms and Conditions -
as of January 2026
§ 1 Application of the General Terms and Conditions
The General Terms and Conditions accepted by both contractual partners govern the business terms between W.P. highlights GmbH & Co. KG, represented by its Managing Directors Werner Post and Petra Post, Bahnhofstr. 29, 26871 Papenburg, Tel. 04961 92920, Email: info@wp-highlights.de, hereinafter referred to as the "Contractor", and the client, hereinafter referred to as the "Client".
The object of the contract is the performance of a service agreed upon within the scope of the offer. The commissioned services shall be deemed rendered when the required work has been carried out and any questions that may arise have been processed. In their own interest, the Client undertakes to provide all relevant information truthfully and completely.
These General Terms and Conditions apply only to entrepreneurs pursuant to § 14 of the German Civil Code (BGB) and not to consumers pursuant to § 13 BGB.
These Terms and Conditions apply to all current and future business relationships between the Contractor and the Client.
Deviating, conflicting, or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly approved in writing by the Contractor.
§ 2 Description of Services
The Contractor offers various services in the areas of manufacturing and distributing promotional technology products, printed materials, as well as digital signage solutions.
In particular, this includes:
- The manufacture and distribution of advertising pylons in the form of freestanding, partially illuminated advertising columns for outdoor use.
- The manufacture and distribution of individually fabricated advertising signs for company buildings and outdoor advertising.
- The manufacture and distribution of advertising pylons and neon signs in the form of illuminated lettering, light boxes, and LED advertising systems.
- The manufacture and custom production of advertising elements.
- Printing services for lettering, digital printing, as well as small and large format printing for promotional media.
- The development of software to support and manage digital signage solutions, as well as the custom implementation of client-specific software solutions.
- The professional assembly and on-site installation of the promotional technology at the Client's premises.
The specific description of services in individual cases arises from the respective offer.
Additionally, the Contractor offers the sale of goods.
All services offered are rendered in accordance with current technical standards and taking into account the relevant statutory provisions.
Adjustments and extensions to the scope of services may be made within the framework of individual agreements.
More detailed information regarding the services and products, as well as specific technical specifications, can be provided at any time upon request. The Contractor shall inform the Client in a timely manner about significant changes or extensions to the scope of services.
Please note that individual components of the services may only be available within the framework of overall projects or specific contractual models. The specific terms and the scope of these services can be defined and explained in the respective individual contractual agreements.
§ 3 Conclusion of Contract
The Contractor shall prepare an offer for the Client. The contract is concluded upon acceptance of the offer by the Client and the subsequent confirmation by the Contractor.
The Client's acceptance is binding and must be made in text form. Upon confirmation by the Contractor, the Client will be notified of the terms of payment and the Contractor's services.
The Contractor's offers are subject to change. Acceptance, supplements, amendments, and ancillary agreements require confirmation by the Contractor in text form.
The Contractor is entitled to reject a contract without giving reasons, e.g., if the Contractor cannot or may not render the service due to specialization or for legal reasons. In this case, the Contractor's claim to fees for services rendered up to the rejection of the service shall remain unaffected.
The offer establishes the specific scope of services, the obligations of the parties, and the delivery and payment terms ("Description of Services"). Any subsequent modification does not form part of the service and will be billed separately if required.
The offered services may be one-off services and/or services to be rendered regularly within a fixed term.
§ 4 Content and Execution of Services
The Contractor shall render its services to the Client by applying its knowledge and skills in the aforementioned areas. A subjectively expected success of the Client cannot be promised or guaranteed. The decisive factor here is solely the description of services in the offer.
The Client undertakes to use the informational materials, reports, and analyses prepared by the Contractor within the framework of the contractual relationship solely for their own purposes. The Client receives the exclusive and non-transferable right of use therein. All documents are either personal and cannot be used by third parties or have been individually prepared by the Contractor for the Client.
All documents of the Contractor are protected by copyright. This applies both to content on the Contractor's website and to other documents. The Client is not entitled to reproduce, distribute, or publicly display such documents. The Client is also not entitled to make image, film, or audio recordings of the service methods without the express permission of the Contractor.
No liability is assumed for the accuracy of technical data and other information in third-party documents. Furthermore, they do not constitute warranted characteristics within the meaning of the BGB.
The Contractor's provision of services is based on cooperation. The Client is not obliged to implement the recommendations provided. The Client acknowledges that all steps and measures taken by them within the scope of rendering the owed services lie within their own area of responsibility. The Client is solely responsible for providing a correct email address and regularly checking their emails.
The Contractor is entitled to postpone the execution of a service if a hindrance occurs for the Contractor or a third-party service provider engaged by them, e.g., due to riots, strikes, lockouts, natural disasters, severe weather, traffic disruptions, or illness, which prevents the Contractor from performing the service at the agreed time through no fault of their own. In this case, the Client has no claim for damages.
The illustration and description of the various services on the Contractor's website serve merely as illustrations and are approximate specifications only. A guarantee for full compliance is not assumed.
The Contractor is entitled to make adjustments to the content or the procedure of the service for professional reasons, for example, if there is a need to update or further develop the service content, provided that this does not result in a significant change to the service content and the modification is reasonable for the Client.
§ 5 Duties of Cooperation of the Client
The Client undertakes to provide all necessary cooperation services required for the proper execution of the service and work contracts. This includes, in particular, the provision of all relevant information, documents, and, if applicable, access authorizations.
The Client shall provide all data, documents, drafts, and templates necessary for processing and executing the services in a timely and complete manner. They guarantee that the transmitted data and documents are correct, up to date, and free of third-party rights.
Should it be necessary for certain preparatory work to be carried out by third parties before the Contractor begins work (for example, electrical or civil engineering work), the Client must ensure that this work is completed properly and on time, so that the Contractor's work can be carried out without delay. The Client shall inform the Contractor immediately about the completion of such preparatory work. The Contractor assumes no liability for the execution of preparatory work by third parties; this lies solely within the Client's area of responsibility.
In particular, but not exclusively, it is the Client's responsibility to ensure that the Contractor is granted access to the construction site / company premises. The Client must ensure that traffic safety (such as construction site securing), the power supply, and the necessary construction site infrastructure (lifting platform, crane, scaffolding, or similar) are guaranteed.
Delays or additional expenses resulting from a breach of the Client's duties of cooperation shall be borne by the Client. In such cases, the Contractor reserves the right to invoice the Client for additional costs incurred due to the delays or additional expenses.
The Client undertakes to obtain all necessary permits and approvals in good time and to make them available to the Contractor. They bear the responsibility for compliance with all relevant statutory provisions and requirements necessary for the execution of the services.
The Client must ensure that the provided data and documents are in a common and editable format. They bear responsibility for the condition and integrity of the transmitted data. The Contractor is not liable for errors or delays resulting from incomplete, incorrect, or insufficient cooperation by the Client.
The Client must immediately inform the Contractor of all circumstances that could hinder or delay the provision of services. This applies in particular to unforeseen events or changes in the working environment.
If the Client fails to comply with their duties of cooperation and this prevents the execution of the services, the Contractor is entitled to withdraw from the contract and invoice the Client for the expenses incurred. Further claims of the Contractor remain unaffected.
§ 6 Proofs, Press Proofs, Changes, and Approvals
Prior to final production and delivery of the products, the Contractor shall provide the Client with a proof for review. This contains all relevant information as well as dimensional and color specifications and serves for review and approval by the Client. The approved proof becomes an integral part of the contract. For printed materials and promotional media, press proofs may also be attached to the proof. The manufacture and delivery of press proofs and samples shall be carried out at the Client's request and may involve additional costs, which will be agreed upon separately.
The Client's modification requests must be communicated in writing and must contain all relevant details and specifications. Changes can only be taken into account up to a certain stage of production. The Client will be informed about the processing status as well as the technical and economic feasibility of their modification requests.
Requests for changes must be submitted within a specified period after receipt of the proof. This period is generally seven calendar days, unless a deviating agreement has been made. After expiry of this period, changes are only possible by separate agreement and subject to their feasibility.
One change is possible free of charge within the contract period. Every further change or revision round will be charged separately. The costs arising from this will be communicated to the Client before the changes are carried out and require their consent.
The approval or acceptance of the changes shall be carried out by the Client after the provision of an updated proof or a corresponding representation of the changes made. The Client is obliged to grant the approval in writing immediately, but no later than within five working days after receipt, or to communicate written complaints.
If neither an approval nor a complaint occurs within this period, the submitted changes shall be deemed approved. Production, delivery, or provision of the agreed service will then commence.
Additional changes after approval has been granted will be charged separately. The corresponding costs will be determined on a case-by-case basis and communicated to the Client prior to implementation.
The Contractor reserves the right to reject modification requests if they are technically or economically unfeasible or would disproportionately extend the agreed delivery or service period. The Client will be informed of this immediately.
All approved changes become part of the contract. Changes after the final approval require a separate agreement and may cause additional costs as well as extended delivery or service deadlines.
§ 7 Product Specifications, Declaration of Conformity, and Building Regulations
The products are manufactured for the European market. Where legally required, the products comply with the applicable European directives and regulations and possess a corresponding Declaration of Conformity confirming that our products meet the essential requirements of the relevant European legislation regarding safety, health protection, and environmental protection.
To the extent that products are used in the vicinity of structures, buildings, or construction facilities, the design and manufacture are carried out taking into account the relevant technical requirements under German building law. The products are designed and manufactured in compliance with the relevant building standards and regulations to ensure safe and proper use in construction projects.
The responsibility for compliance with local building, permit, or usage regulations, as well as for obtaining any necessary official permits, lies fundamentally with the Client, unless otherwise agreed in writing. This includes, in particular, the Client's obligation to inform themselves about local regulations and to obtain corresponding permissions or official permits required for the erection, installation, and use of the products.
Other or broader requirements must be agreed upon and documented in detail in writing. Should special product-specific or local regulations and requirements exist, the Client is obliged to inform the Contractor thereof comprehensively and in good time so that these can be taken into account in planning and manufacturing. Any adjustment or amendment must be expressly recorded in writing and confirmed by both parties.
The Client declares their willingness to provide all necessary documents and information required for compliance with local and building regulations. These documents include, in particular, building plans, technical specifications, official permits, and local regulations.
The Client bears sole responsibility for the accuracy and completeness of the information provided. The Contractor is not liable for delays, additional costs, or damages resulting from the Client's non-compliance with these requirements.
Should the Client fail to meet the necessary legal and regulatory requirements, the Contractor reserves the right to suspend the performance of its services until the legal situation is fully clarified. In such a case, the Contractor may invoice the Client for all additional costs and expenses incurred as a result.
§ 8 Terms of Delivery
Deliveries shall be made in accordance with the delivery dates and deadlines agreed upon with the Client. These are specified in the individual contract or order confirmation and are binding unless otherwise agreed in writing.
Compliance with the delivery deadlines presupposes the timely and proper fulfillment of the Client's obligations. This includes, in particular, the timely provision of all required information, approvals, and documents, as well as the punctual payment of any agreed advance payments or partial payments.
In the event of unpredictable events beyond the Contractor's control, in particular force majeure, strikes, or operational disruptions outside of their control, the delivery deadlines shall be extended by the duration of these events. The Client will be informed of such delays immediately.
Partial deliveries are permissible to the extent that they are reasonable for the Client. Each partial delivery may be invoiced separately.
Should the Client fall into default of acceptance after a reminder has been issued or culpably breach their duties of cooperation, the Contractor is entitled to demand compensation for the damage incurred as a result, including any additional expenses.
If the Contractor falls into default of delivery, it shall only be liable for damages incurred by the Client due to intent or gross negligence. Otherwise, liability for damages due to delay, in particular for slight negligence, is excluded, unless the delay concerns essential contractual obligations or damage resulting from injury to life, body, or health of the Client. However, compensation is limited to the contractually typical, foreseeable damage.
The risk of accidental destruction and accidental deterioration of the goods passes to the Client upon handover to the Client or to a recipient designated by them. This also applies in the event that partial deliveries are made or the Contractor has assumed additional services, such as shipping costs or delivery and assembly.
In the event of default of acceptance or a culpable breach of cooperation duties by the Client, the risk of accidental destruction or accidental deterioration shall pass to the Client at the point in time at which they fall into default of acceptance.
The delivery deadlines shall be extended appropriately if and to the extent that the Client fails to fulfill their obligations on time or expresses modification requests that require additional time for implementation.
(10) If the Contractor falls into default with a delivery or service, the Client may withdraw from the contract after the fruitless expiry of a reasonable grace period. Further claims of the Client, in particular for damages or reimbursement of futile expenses, exist only within the scope agreed upon in these General Terms and Conditions.
(11) The agreement of fixed delivery dates requires written confirmation by the Contractor. Dates that are not expressly agreed upon as fixed dates shall be deemed non-binding. Amendments and supplements to the contract that may affect delivery deadlines also require a written agreement.
§ 9 Payment
Payment must be made by the Client directly to the Contractor upon completion of the service using the payment methods specified in the invoice. The payment becomes due immediately upon booking and receipt of the invoice via email. The payment term is 14 days from the date of the invoice, unless otherwise agreed.
All prices on the website or in the Contractor's offer are listed as net prices plus the statutory value-added tax.
For certain orders, the Contractor reserves the right to demand advance payments. This will be communicated to the Client before the conclusion of the contract and recorded in writing in the contract. The amount and due date of the advance payment depend on the type and scope of the order and must be paid by the Client by the agreed date. In the case of advance payments, the Contractor shall only begin executing the corresponding services after receipt of the full advance payment.
The Client falls into default if the payment term specified on the invoice or agreed upon is not met. In the event of default, the Contractor is entitled to charge default interest, reminder fees, and the flat-rate default fee pursuant to §§ 288 I, II BGB. Furthermore, the Contractor reserves the right to suspend services to be rendered regularly in the event of default, without losing the claim to the agreed counter-performance of the Client.
The Contractor reserves the right to reasonably increase the prices agreed upon in the description of services for services after expiry of the respective agreed term. An increase is possible for the first time after expiry of the initial contract term.
§ 10 Retention of Title
The delivered goods remain the property of the Contractor until full payment of all claims arising from the business relationship with the Client. This also applies to future claims as well as in the case of deferral of claims.
The Client is entitled to resell the goods subject to retention of title in the ordinary course of business. However, they hereby assign to the Contractor all claims arising from the resale of the reserved goods, regardless of whether the reserved goods are resold without or after processing. The Contractor hereby accepts this assignment.
Any processing or transformation of the reserved goods by the Client is always carried out for the Contractor. If the reserved goods are processed with other items not belonging to the Contractor, the Contractor shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing.
The Client may neither pledge the goods subject to retention of title nor assign them as security. In the event of pledges, seizures, or other dispositions by third parties, the Client must immediately notify the Contractor thereof and provide all information and documents necessary to safeguard its rights.
The Client is obliged to treat the reserved goods with care and to adequately insure and maintain them at their own expense against fire, water, and theft damage. The Client must carry out any maintenance and inspection work in good time at their own expense.
If the realizable value of the securities exceeds the Contractor's claims by more than 10%, the Contractor will release securities of the Contractor's choice upon request of the Client.
If the Client acts in breach of contract – in particular in the event of default of payment – the Contractor is entitled, after setting a reasonable deadline, to withdraw from the contract and take back the reserved goods. The repossession or pledging of the reserved goods is equivalent to a withdrawal from the contract. The Client is obliged to grant access to the Contractor or its authorized representatives and to surrender the reserved goods.
The provisions on the retention of title remain in force even in the event that the reserved goods are taken back by the Contractor. All security rights arising from this clause shall have full priority over the rights of third parties.
§ 11 Term, Termination, and Withdrawal
The term of the contract arises from the respective description of services. If it concerns a one-off performance of a service, this is noted in the contract, and the following paragraphs of § 11 are not applicable thereto.
An ordinary termination of the service contract must be made in writing to the contractual partner no later than one month before the end of the respective contract term.
The right to extraordinary termination remains unaffected.
If the contractual relationship is not terminated at least one month before the end of the respective term, it shall always be extended by the original term.
After the end of the regular term, the notice period is one month to the end of the extended term. Termination must also be made in writing here.
Cancellations of ongoing orders require the written consent of both contractual parties. For services already rendered or costs incurred, the Contractor may demand reasonable compensation.
In the event of an effective withdrawal from the contract by a party, services already received must be returned immediately. In this case, the Client has the right to demand a refund of payments already made in the amount of the value of the services not yet rendered. There is no claim to a refund for partial services already rendered that can be utilized by the Client.
Should the Client withdraw from the contract for a reason for which they are responsible, they shall be liable for the damage incurred that the Contractor suffers as a result of the withdrawal. This includes, in particular, the expenses incurred by the Contractor in connection with the preparation and rendering of the services. If the Client withdraws from an placed order without authorization, the Contractor may – without prejudice to the possibility of asserting a higher claim to remuneration – demand 15% of the order value for the costs incurred due to processing and for lost profit. The Client reserves the right to prove a lower damage.
A right of withdrawal of the Client is excluded if the non-performance or poor performance of the Contractor's contractual obligations is based on a circumstance for which the Client is responsible. Withdrawal is likewise excluded in cases where the Client themselves falls into default of acceptance or opposes the provision of services by the Contractor.
§ 12 Property Rights
All rights to the results of the service related to the Contractor's activity for the Client, in particular all copyright usage rights, all design rights, all trademark and labeling rights, as well as other intellectual property rights (including all development stages), belong exclusively and unrestrictedly to the Contractor.
The Contractor permanently retains the right to its logo and its brand. The Contractor's brand and logo may not be used by the Client without the Contractor's consent.
§ 13 Confidentiality
The parties shall treat all business secrets as well as other information designated as confidential of the respective other party (hereinafter referred to as "Confidential Information") confidentially. The receiving party ("Recipient") shall treat the Confidential Information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.
Use of the Confidential Information is restricted to use in connection with this contract. Without the prior consent of the disclosing party, disclosure of Confidential Information to third parties is not permitted. Consents must be in writing. Affiliated companies of the parties and advisors who are bound to professional secrecy by law are not third parties within the meaning of this paragraph.
Insofar as applicable legal obligations require this, the Recipient is furthermore entitled to disclose and pass on Confidential Information. If legally permissible, the Recipient shall inform the disclosing party prior to the disclosure of Confidential Information.
The parties shall impose a duty of confidential treatment of this information on their employees or third parties to whom they pass on Confidential Information within the scope of the respective subcontractor and employment relationships, with the proviso that the confidentiality obligation continues to exist even after the end of the respective subcontractor or employment relationship, unless a corresponding general obligation to maintain confidentiality already exists.
Excluded from the obligation of confidentiality is information that:
- was already generally known at the time of conclusion of the contract or subsequently becomes generally known without breach of the confidentiality obligations contained in this contract;
- the Recipient has developed independently of this contract; or
- the Recipient has received from third parties or outside of this contract from the disclosing party without a confidentiality obligation.
The burden of proof for the existence of the exceptions mentioned in this paragraph lies with the party relying on the exception.
Upon termination of this contract, the parties shall, upon request of that party, hand over or delete Confidential Information of the respective other party in their possession. Excluded from this is Confidential Information for which a longer statutory retention obligation exists, as well as data backups within the scope of customary backup processes.
The Contractor is entitled to use experiential knowledge, such as ideas, concepts, methods, and know-how, developed or disclosed within the scope of executing the contract and stored in the memory of the persons deployed to render the services. This does not apply insofar as industrial property rights or copyrights of the Client are thereby infringed. The obligation to maintain confidentiality remains unaffected by this.
§ 14 Liability and Warranty
The Contractor shall be liable to the Client in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
In other cases, the Contractor – unless otherwise regulated in paragraph 3 – shall only be liable in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the Client may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for foreseeable and typical damage. In all other cases, the Contractor's liability is excluded subject to the regulation in paragraph 3.
Liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the aforementioned limitations and exclusions of liability.
The Contractor protects its clients as best as possible against cybercrime. Unfortunately, this cannot always be prevented. For damages incurred by the Client due to such cybercrime, the exclusion of liability of paragraphs 1–3 applies equally with the stated exceptions.
With the exception of the preceding paragraphs, the Contractor is not liable for damages caused by the services rendered, unless they are based on gross negligence or intent. Within this framework, the Contractor assumes no liability in particular for lost profit, data loss, or other indirect damages.
§ 15 Exclusion of Returns and Refunds for Custom-Made Products, Statutory Warranty, and Guarantee
Returns and refunds of goods are excluded if the products have been custom-made specifically according to the specifications of the Client. This applies in particular to goods manufactured according to specific requirements of the Client or clearly tailored to their individual needs.
The exclusion of the right of return and refund also applies to all products provided with the logo, slogans, or other individual advertising messages of the Client. These products are not suitable for return due to their specific design and personalization.
In cases where the product is defective or incorrectly delivered, the Client is entitled to statutory warranty rights. The Client must report defects in writing immediately after discovery and make the defective product available for inspection and, if applicable, for remedy or replacement.
The Contractor reserves the right to accept a return in individual cases and at its own discretion. This decision lies within the sole discretion of the Contractor and does not constitute a general contractual practice. In the event of such a goodwill return, the Client bears the full costs of the return shipment as well as a reasonable processing fee, which will be agreed upon in writing in advance.
Returns and refunds require the prior written consent of the Contractor. Without this consent, returns will not be accepted and will be sent back at the Client's expense.
By confirming the order or accepting the offer, the Client acknowledges that they are aware of and agree to the exclusion of the right of return and refund for custom-made and personalized products.
The Contractor warrants that the delivered products are free from material defects at the time of transfer of risk. Should a defect be present in a delivered product, the Client has the right to subsequent performance, whereby the Contractor can, at its own option, remedy the defect or deliver a defect-free product. If subsequent performance fails, the Client is entitled to withdraw from the contract or reduce the purchase price. Claims for damages due to defects are only available to the Client if the Contractor caused the defect intentionally or through gross negligence.
The Contractor is not liable for defects caused by improper use, lack of maintenance, modifications, or repairs carried out by the Client or third parties.
Claims for defects expire 12 months from delivery of the goods.
§ 16 Guarantee Services
In addition to the statutory warranty claims, the Contractor grants a voluntary guarantee of 12 months on some products. This guarantee constitutes a voluntary additional service and does not affect the statutory claims of the Client. The guarantee begins with the delivery of the product, based on the date of the delivery note, and covers all technical components of the device to restore full functionality.
Within the scope of this guarantee, the Contractor assumes the elimination of defects attributable to material or manufacturing faults. The guarantee covers the provision and installation of necessary spare parts as well as the execution of necessary repairs, insofar as these are necessary to restore the functionality of the product.
The guarantee does not cover damage and defects resulting from improper handling, lack of maintenance or care contrary to the operating instructions, as well as external influences such as vandalism, natural disasters, or other external effects. Normal wear and tear and consumables are likewise excluded from the guarantee.
In the event of a fault, the Client undertakes to actively participate in fault diagnosis and problem-solving. This is preferably carried out via remote analysis using smartphones and a technically experienced person on the Client's side. The Client ensures that all necessary measures to support remote analysis are taken.
Should a functional error occur, the Contractor shall provide the Client with defective components and spare parts free of charge. These must be replaced on site by an authorized specialist in accordance with the detailed instructions of the Contractor.
If the error cannot be remedied despite replacing the spare parts, the Contractor will replace the defective device with a comparable model. In the case of forwarding delivery, the replacement is carried out to the curbside. The Client is obliged to pack the defective device ready for shipment in the provided packaging of the replacement device and make it available for collection by the forwarder. Commissioning of the replacement device on site must be carried out by an authorized specialist of the Client.
Excluded from the guarantee are all ancillary costs arising in connection with the guarantee processing, such as assembly work, travel and shipping costs, overnight stays, as well as ground or paving work on site. These costs are to be borne by the Client.
An extension of the guarantee to 24 up to 36 months is possible for an additional charge. For a guarantee extension to 24 months, the additional charge on the hardware purchase sum is 14%; for an extension to 36 months, it is 25%. The extended guarantee period begins in each case after the expiry of the initial 12-month guarantee and will be confirmed in writing.
All guarantee services are subject to the conditions specified herein and require the prior written consent of the Contractor.
§ 17 Data Protection
The parties shall comply with the respective data protection laws applicable to them.
If and to the extent that the Contractor processes personal data of the Client on behalf of the Client within the scope of providing services, the parties shall conclude a customary data processing agreement pursuant to Art. 28 GDPR before processing begins.
The Client consents to the Contractor processing and storing the data required for providing the services. Data will only be passed on to third parties with the express consent of the Client or due to legal obligations.
Furthermore, the separate data protection regulations of the Contractor apply under the following link: https://www.wp-highlights.de/datenschutzerklaerung
§ 18 Self-Promotion and Reference Use
(1) The Contractor is entitled to use the services rendered within the scope of the business relationship as well as the manufactured products for reference and self-promotional purposes. This includes, in particular, the use of images, project data, product descriptions, as well as the company name of the Client.
(2) The use occurs in particular on the Contractor's website, in social media, in presentations, offers, as well as other marketing and sales documents.
(3) For this purpose, the Client grants the Contractor a simple right of use, unrestricted in terms of space, time, and content. No separate remuneration is paid for this.
(4) The Client may object to the use only for good cause, in particular if legitimate confidentiality interests are affected.
§ 19 Final Provisions
Should individual provisions of the General Terms and Conditions be or become invalid or void, the validity of the General Terms and Conditions as a whole shall not be affected thereby. Rather, the invalid or void provision shall be replaced by way of free interpretation by a provision that comes closest to the purpose of the contract or the intent of the parties.
The law of the Federal Republic of Germany shall apply.
Amendments and supplements to the General Terms and Conditions or the service contract require the written form to be effective. There are no verbal ancillary agreements.
The place of jurisdiction for all disputes arising from the contractual relationship is the registered office of the Contractor.
