Terms & Conditions

1.1 These general terms and conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor including these terms and conditions.

1.2 The contractor does not conclude contracts with consumers or private individuals.

1.3 The contractor is entitled, in his own name and for his own account, to subcontractors, who in turn may also use subcontractors. In this case, the contractor remains the sole contractual partner of the client. Subcontractors are not used if it is obvious to the contractor that their use is contrary to the client's legitimate interests.

1.4 Insofar as further contract documents or other terms and conditions have become part of the contract in text or written form in addition to these terms and conditions, the provisions of these further contract documents shall prevail over these terms and conditions in the event of an objection.

1.5 Contractor does not recognize terms and conditions deviating from these terms and conditions used by the client — subject to express consent.

2.1 As an independent entrepreneur, the contractor provides the following services to the client: Provision of marketing services including planning, designing and implementing marketing measures of all kinds. This includes the creation of websites, the administration of social media profiles, the management of paid online advertising campaigns and recruitment

2.2 The specific scope of services is the subject of individual agreements between contractor and client.

2.3 The contractor provides the services in accordance with the contract with the greatest possible care and conscientiousness in accordance with the latest state of the art, the latest rules and findings.

2.4 The contractor is obliged to provide the services owed in accordance with the contract. However, when carrying out his duties, he is not subject to any instructions regarding the type of provision of his services, the place of provision of services and the time of provision of services. However, when allocating working days and when allocating time on these days, he will determine these himself in such a way that optimum efficiency is achieved in his work and in the implementation of the subject matter of the contract. The provision of services by the contractor is carried out only in coordination and coordination with the client.

It is the client's responsibility to provide complete and correct information, data and other content to be provided by him for the purpose of providing the service. The contractor is in no way responsible to the customer for delays and delays in the provision of services caused by late and necessary cooperation or assistance by the customer; the provisions under the heading “Liability/Indemnification” remain unaffected.

4.1. All works created by Hightide Media, including designs, concepts, texts, graphics, photographs and other creative services, are subject to copyright. Hightide Media reserves all rights to use the created works, unless these are expressly transferred to the customer in writing.

4.2. After full payment of the agreed remuneration, Hightide Media grants the customer a simple, non-transferable right to use the works created. Further rights require a separate written agreement.

4.3. The transfer, reproduction, modification or other use of the works created by Hightide Media by the customer or third parties is only permitted with the prior written consent of Hightide Media.

4.1 The remuneration is agreed on an individual contract.

4.2 The remuneration is to be paid after the services have been performed. If the remuneration is calculated according to periods of time, it must be paid after the individual periods have elapsed (Section 614 BGB). In the case of cost-based billing, the contractor is entitled, subject to agreements to the contrary, to bill for the services provided on a monthly basis.

4.3 After the services have been provided, the contractor issues an invoice to the client by post or email (e.g. as a PDF). Payment is due within 14 days of receipt of the invoice.

5.1 The contractor is fully liable for intent or gross negligence, intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated, or due to mandatory liability. If the contractor negligently breaches an essential contractual obligation, liability is limited to foreseeable damage typical of the contract, unless liability is unlimited in accordance with the previous sentence. Significant contractual obligations are obligations which the contract imposes on the contractor in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. Otherwise, liability on the part of the contractor is excluded. The above liability regulations also apply with regard to the liability of the contractor for his vicarious agents and legal representatives.

5.2 The client releases the contractor from any claims made by third parties against the contractor as a result of breaches by the customer of these contractual terms or applicable law.

6.1 The parties agree individually on the duration of the contract and the deadlines for ordinary termination.

6.2 The right of both parties to terminate without notice for good cause remains unaffected.
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6.3 After termination of the contract, the contractor must return or destroy all documents and other content provided to him immediately at the discretion of the customer. The assertion of a right to withhold it is excluded. Electronic data must be completely deleted. Documents and data for which there is a longer legal storage obligation, but only until the end of the respective storage period, are excluded from this. At the company's request, the contractor must confirm the deletion in writing.

7.1 The contractor will keep all transactions that come to his knowledge in connection with the order strictly confidential. The contractor undertakes to impose the duty of secrecy on all employees and/or third parties who have access to the contractual information. The confidentiality obligation applies indefinitely beyond the duration of this contract.

7.2 When carrying out the order, the contractor undertakes to comply with all data protection regulations — in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.

8.1 The law of the Federal Republic of Germany applies, excluding the CISG. The place of jurisdiction for all disputes arising from this contract is Rostock, to the extent permitted by law.

8.2 Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining terms and conditions.

8.3 The client will support the contractor in providing its contractual services through appropriate cooperation, insofar as necessary. In particular, the client will provide the contractor with the information and data required to fulfill the order.

8.4 If the client is a merchant, legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the contractor's registered office will be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.

8.5 The contractor is entitled to amend these terms and conditions for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or business or corporate strategy) and within a reasonable period of time. Existing customers will be notified of this by email no later than two weeks before the change comes into effect. If the existing customer does not object within the period set in the change notification, their consent to the change is considered to have been given. If he objects, the changes do not come into force; in this case, the contractor is entitled to extraordinarily terminate the contract at the time the change comes into force. Notification of the intended change to these terms and conditions will indicate the deadline and the consequences of the objection or failure to do so.