1. Scope of application
These General Terms and Conditions (GTC) apply to all contracts concluded between Devil Marketing (hereinafter referred to as “we” or “us”) and our customers (hereinafter referred to as “you” or “customer”), unless otherwise expressly agreed in writing.
2. Offers and conclusion of contract
Our offers are subject to change and non-binding. Unless otherwise stated in the offer, our offers are valid for a maximum of 14 days. A contract is only concluded with your written order confirmation or by accepting the offer within the specified period.
3. Terms of payment
Our invoices are due for payment without deduction within 14 days of receipt of the first service at the latest. Payments are to be made to the account specified in the invoice. If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 5 percentage points above the respective prime rate.
4. Reservation of title
All services and products supplied shall remain our property until full payment has been received. This includes all copyrights and rights of use to the services provided. You only acquire the unrestricted right to use the services provided by us after full payment.
5. Subscriptions and SaaS services
In the case of subscriptions and Software-as-a-Service (SaaS) services, you receive a right to use the content provided, but all SaaS applications and the associated rights remain our property. This means that you can use the SaaS applications during the term of the contract, but they do not become your property.
6 Liability and warranty
We are only liable for damages caused by intentional or grossly negligent behavior. We shall only be liable for slight negligence in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (cardinal obligations). In this case, our liability is limited to the foreseeable, typically occurring damage. Any further liability is excluded.
7. Final provisions
Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. Amendments and supplements to these GTC must be made in writing. This also applies to the waiver of the written form requirement.
The law of the Federal Republic of Germany shall apply. The place of jurisdiction for all disputes arising from or in connection with these GTC is our registered office.