Terms and Conditions

Please note: This is a convenience translation. In the event of any discrepancy, the German version of these terms is legally binding, and German law applies to their interpretation.

By using a service or purchasing a digital product from BAROIAN advertising agency, the client accepts the following general terms and conditions.

I. Definitions, scope and placing of orders

The terms "order", "contractor" and "client" are to be understood in a commercial sense. "Order" refers to the contractual relationship regardless of the type of contract, that is, whether it is a purchase, work, service or other contract. The "contractor" is BAROIAN advertising agency, which owes the main service. The "client" is the contractual partner who receives the commissioned main service and, in return, pays the remuneration to the contractor.

Unless otherwise agreed on an individual basis, transmission by email or text message is sufficient to satisfy the written form within the meaning of these terms.

These terms apply whether the client concludes the contract in their own name for their own account, in their own name for a third party's account, or in a third party's name for a third party's account.

These terms apply exclusively. Deviating, conflicting or supplementary terms of the contractor apply only insofar as the client has agreed to them in writing.

Only orders or order changes issued in writing are binding.

The order is to be confirmed to the client in writing without delay.

II. Deadlines and delivery periods

Agreed deadlines and delivery periods are binding.

The contractor must inform the client without delay of any anticipated delay in delivery, stating the reason and the probable duration.

III. Binding nature of an order and delivery

An order issued to the contractor in writing by the client is binding, which means that the agreed price for the service we render is to be paid in full in any case.

Delivery is made exclusively against the selectable payment options.

IV. Warranty, subsequent performance and acceptance

Deliveries of goods and services must solve the task set, and must correspond to the templates provided, the instructions given, and the scope and content of the order.

If, during the review within 14 days, the client identifies deviations of services from the contractually agreed specifications, they notify the contractor of these. The contractor will then remedy the reported deviations free of charge as quickly as possible and submit the corrected version of the service to the client again.

Acceptance is deemed to have taken place if it is not refused within three working days of delivery.

V. Invoice, price and payment

The invoice is to be sent to the client immediately after acceptance or delivery.

Unless otherwise agreed on an individual basis, invoices are delivered to the client by email.

The agreed price may not be exceeded. If, after placing the order, the client requests a service through change and supplement requests that requires additional effort on the part of the contractor, the contractor is entitled to special remuneration only if it has announced the claim to the client in writing.

Unless other payment terms are agreed, payment is made within seven days of receipt of the invoice with a 2 % discount, or within 14 days without deduction.

The agreed prices are net, that is, plus statutory value added tax.

VI. Copyright usage rights

The client is entitled to use the contractor's contractual service at their own free discretion in all media, in whole or in part, unchanged or changed, in digital or analogue form, and to make it available to third parties.

Unless otherwise agreed on an individual basis, the appropriate remuneration for the transfer of the usage rights is included in the agreed price.

VII. Confidentiality

All information and documents that become accessible to the contractor in connection with the order and that are not generally known are to be treated strictly confidentially, including after the end of the order, and even if the order is not carried out.

Unless otherwise agreed on an individual basis, the contractor may use the work result of the contractual service, in whole or in part, for its own advertising purposes without the client's consent.

VIII. Final provisions

In the event of discrepancies in translations of these terms, the German version is authoritative. The same applies to the interpretation of these terms.

The exclusive place of jurisdiction for all disputes between a client and the contractor is, insofar as legally permissible, Berlin.

Version: November 2017. For binding provider details see the legal notice; how we handle your data is explained in the privacy policy. These terms are also available as a PDF download (German).