Terms and Conditions
1.1 Scope of application
These General Terms and Conditions shall apply to all business relations between us Bright Idea, Dr. Katja Brunkhorst, Rudolfstraße 24, 49080 Osnabrück and you in the version valid at the time the contract is concluded. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German and English.
1.3 Conclusion of contract
The conclusion of the contract takes place individually through offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us an enquiry and receive a binding offer from us, which you can then accept within two weeks. With the acceptance the contract comes off. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the met agreement.
2. Description of services
2.1 General information
Bright Idea creates, revises and conceives texts at the client's request. Bright Idea also translates texts from German into other languages and prepares texts in other languages. Bright Idea also designs and edits websites, publications, books, brochures and other types of print products. A revision of the websites is done with a view to website optimization.
In addition, Bright Idea offers the client management consulting services with the aim of positively influencing the communication and structure within the company. Here no concrete success is owed, let alone guaranteed. Bright Idea provides all services to the best of its knowledge and belief in accordance with professional practices and generally accepted rules of technology.
2.2 Performance of services
2.3 Delays in performance
Bright Idea is not responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events, e.g. illness, which cannot be prevented even by the utmost care of Bright Idea (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite the cover transaction to that effect). They entitle Bright Idea to postpone the performance for the duration of the obstructive event.
2.4 Time of Performance
Unless expressly agreed otherwise, Bright Idea shall commence performance within 20 days. In the case of advance payment, the commencement date for performance shall be the day after the payment order has been issued to the transferring bank or, in the case of cash on delivery or payment on account, the day after conclusion of the contract. The period shall end on the fifth day following. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of performance, the period shall end on the next working day.
Unless otherwise agreed, payment of all invoices arising from this order shall also constitute payment for the simple right of use. The amount of the remuneration shall not change as a result of suggestions or other cooperation by the customer. If additional work becomes necessary, a subsequent calculation of 10% is reserved. Any additional work over and above this must be agreed separately and remunerated.
2.6 Supplementary regulations for web design and website projects
Initially, 25 % must be paid when the project is commissioned. 50% on acceptance of the first (layout) proposals. 25 % on completion of the project.
2.7 Adjustment of remuneration in the event of overuse of the works created
If, in addition to the existing right of use, texts and concepts are used to a greater extent or in a different context than originally intended in the cooperation between Bright Idea and the Customer, Bright Idea is entitled to demand the difference between the higher remuneration for the use and the originally paid remuneration for the granted rights of use. Further claims for damages by Bright Idea remain unaffected.
2.8 Premature Termination
Should you wish to terminate your order prematurely, we reserve the right to invoice you for services already rendered or futile expenses, but at least 30% of the order value. A claim to the completion of our work shall lapse. You have the option of proving that we have incurred no or less damage.
2.9 Data Delivery, Transfer and Archiving
You have no right to transfer the source files or the layout file of the works or services created for you. Should you nevertheless wish to receive the source or layout file, you must agree this separately with us and pay for it separately.
It is also incumbent upon us to decide on the application software used to create the intermediate or final data. A publication of development and intermediate data is not owed. The order data shall be destroyed or archived by us after fulfilment of the contract. We have no obligation to retain data.
2.10 Interim Acceptances
We reserve the right to carry out interim inspections and to make the further performance of our services dependent on your approval. This includes in particular the acceptance of concept drafts for graphics and programming proposals. On this basis we will then render our further service. For test runs or acceptance tests you have to provide authorized employees, if you cannot examine these yourself. Insofar as we provide you with drafts and/or test versions stating a reasonable period for checking their correctness and completeness, the drafts and/or test versions shall be deemed to have been approved upon expiry of this period unless we receive a request for correction.
Rejected designs shall remain our property and no right of use shall be transferred. You may therefore not use them unless we have agreed otherwise.
All prices are inclusive of value added tax.
3.2 Advance payment and/or partial invoices
We reserve the right to demand advance payment and/or partial invoices for extensive work.
3.3 Default of payment
You will be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the base rate of the European Central Bank or 9 percentage points above the base rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge reminder fees of 2.50 euros. The assertion of further damages remains unaffected. You have the option of proving that no damage or less damage has been incurred by us.
3.4 Collecting societies and artists' social insurance fund
You have to obtain the necessary approvals yourself in advance or obtain the necessary rights and pay fees (e.g. from GEMA) for your project. When awarding an artistic, conceptual or advertising consultancy contract to a natural person, you must also pay an artist's social security contribution to the Künstlersozialkasse, which is not to be offset against our remuneration. You are also responsible for complying with the registration and contribution requirements. We will inform you in advance if one of our services is affected by such an additional fee. Should we have to pay in advance for you, you must reimburse us the respective amount upon presentation of proof.
3.5 Right of retention
You shall only be entitled to assert a right of retention for such counterclaims which are due and based on the same legal relationship as your obligation.
3.6 Term and termination
Our contracts with terms can be terminated with a period of notice of 14 days to the end of the term in text form, without giving reasons. If the contract is not terminated in due time, it will be automatically extended by the respective initial term, but by a maximum of one year in each case. If the contract is concluded for an indefinite period, it can be terminated with a notice period of 3 months to the end of the respective month. This does not affect the right to extraordinary termination for good cause or the existing right of revocation.
4. Special services and travel expenses
4.1 Modification or change
Bright Idea will charge a separate hourly rate for the revision or modification of drafts, texts and slogans.
4.2 Travel expenses
Costs and expenses for travel in connection with the customer order that have been agreed with the customer shall be reimbursed by the customer. In the case of travel expenses, it is specified that the travel time is to be reimbursed at half an hourly rate, plus a flat-rate per kilometer of 0.30 €/km.
5. Revocation instruction for consumers with distance selling contracts
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Bright Idea, Frau Dr. Katja Brunkhorst, Rudolfstraße 24, 49080 Osnabrück, Germany, Telephone: +49 (0) 541 40757303, e-mail: email@example.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website https://bright-idea.de If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total Services provided for in the Agreement.
- End of the right of revocation -
Special information on the premature expiry of the right of withdrawal
Your right of revocation expires prematurely if we have completely provided the service and have only begun with the execution of the service after you have given your express consent and you have confirmed at the same time your knowledge of it that you lose your right of revocation with complete fulfilment of the contract by us. Your right of revocation shall expire prematurely if we have provided the service in full and have only begun to provide the service after you have given your express consent and you have at the same time confirmed your knowledge that you will lose your right of revocation if we have fulfilled the contract in full.
6. Your responsibility
6.1 General information
You are solely responsible for the content and correctness of the data, contributions and information you transmit (in particular pictures and videos). They may not use the content to violate any applicable laws or these terms and conditions. You also undertake not to transmit any data whose contents infringe the rights of third parties (e.g. personal rights, name rights, trademark rights, copyrights, etc.). In particular, contributions with criminal content may not be published or untrue facts claimed.
You shall indemnify us against all claims asserted against us by third parties due to such infringements. This also includes the reimbursement of costs of necessary legal representation.
6.3 Data backup
You are jointly responsible for saving the information sent. We cannot be held responsible for the loss of the information you send us as we do not provide a general data security guarantee.
6.4 Form and handling of data
Unless otherwise agreed, you must provide us with the information, contributions or data required for your order free of charge and in digital form. Should you wish to return these documents, you must inform us of this in advance. If no such notification is received, we reserve the right to destroy or delete it or to archive it for our database.
If we have doubts as to the legality of the desired project, we can, after consultation with you, have an inspection carried out by an expert third party, which you must pay separately.
6.6 Obligation to cooperate
You are obliged to provide the cooperation services necessary for the contract so that we can perform the contractual services. In particular, you must inform us comprehensively about your projects and/or websites/social media pages so that we can take promising measures. You acknowledge the necessity to participate in your commissioned work to the extent that you provide us with the data, files and other materials required for the fulfilment of the order such as texts, pictures, illustrations, printed matter (brochures, flyers, etc.) or other media as promptly and free of charge as possible. The obligation to cooperate may also include the assignment of access rights for existing social media, hosting and domain accounts to us for the duration of the processing of the order. Your cooperation in the planned project will not affect the agreed remuneration. In particular, you do not acquire any joint copyright to the respective work.
You are obliged to keep secret all business and trade secrets and information designated as confidential that we disclose and/or become known to you during the execution of the contract. The obligation to maintain confidentiality shall also apply to the time after completion of the order.
We also undertake to do so, unless the order requires us to pass on such information to third parties. For example, we are expressly permitted to process the personal data entrusted to us within the scope of the provision of services or to have them processed by third parties. In the context of a legal dispute, we are entitled to disclose your internal information in order to protect our interests even without prior release from the duty of confidentiality. Confidentiality does not apply to information that is generally accessible, published by the other contracting party itself or that has become known by third parties.
6.8 Legal advice and verification
We would like to point out that legal advice or auditing is not part of our service and that you must hire an expert for this purpose. In particular with regard to the mandatory information for websites/company profiles (e.g. imprint and data protection declaration), you must obtain comprehensive information and provide or maintain the necessary documents yourself.
6.9 Industry-specific knowledge
We would also like to point out that we do not have any industry-specific knowledge about your project or your company and that you should inform us in advance of all points relevant to you. Surveys, investigations or market research on user behaviour for your planned project / your website / your social media profile will not be carried out by us.
However, we always provide our services to the best of our knowledge and belief and make use of generally accessible market research documents and information. However, a certain advertising success is not owed.
You undertake that you do not intend any illegal or immoral activities with the services or works to be provided by us.
6.11 Abusive Content
Abusive contents will be deleted by us without prior notice or will not be included in our work. Such contents are given e.g. in the following cases:
- for the representation of infringing, obscene, threatening, insulting or in any other way infringing content,
- content that glorifies violence, is pornographic or otherwise offensive or punishable by law
- to send spam,
- for sending and storing viruses, worms, Trojans and harmful computer codes, files, scripts, agents or programs,
- to upload programs that are capable of disrupting, interfering with or preventing our operations,
- attempting to gain unauthorized access to or grant unauthorized access to our Service or individual modules, systems or applications,
In the event of recurring infringements, we reserve the right to terminate the contractual relationship with you or to withdraw from the contract. Already made payments cannot be refunded in this case. You shall reimburse us for the damage incurred up to that point or for our futile expenses. The right to extraordinary termination remains unaffected.
7. Copyright and rights of use
7.1 Rights of Use and Scope of Use
We have the copyright or the exclusive right of use or ownership to the works (e.g. also concepts and drafts) created by us. With the acquisition of the services/works provided by us and the complete payment of the agreed price, you only secure the rights of use to the service product/work for the agreed purpose, but do not acquire any ownership or copyright.
Without our express consent, you are not entitled to transfer the rights of use granted by us to third parties, either for consideration or free of charge, or to pass them on to third parties in any other way. The transfer of further rights of use may be agreed separately with us and shall be remunerated separately. It is also forbidden to modify or edit the works without express permission.
7.2 Backup copies
You are entitled to make and store back-up copies of the work carried out by us on your behalf for your own use only.
If we have attached a copyright notice to our work, you may not remove or alter it without our consent.
We reserve the right to claim damages for any violation of the contractual license conditions, in particular for violation of copyright.
7.5 Your templates and third-party material
Should we use your templates or data for processing, you must ensure that they are not encumbered with the rights of third parties or that you have the necessary rights of use. If the licensor makes a claim against us because the third-party licence material has not been properly used, you shall be liable to compensate us for the resulting damage.
8. Reference right
We grant ourselves the right to refer to the services and works offered by us or to name you as a reference. In addition, we reserve the right to use services provided such as drafts, even if they are based on your templates, for presentation purposes, in particular to include them in a reference list for advertising purposes and to set appropriate links. You have the right to object to this.
9. Online Courses
Our course is an online learning, group coaching, creative consulting, as well as a preinstalled WordPress website. This should enable you to launch a professional website that will help you generate your first income.
9.2 Our duties
- Provision of a pre-made WordPress website, including sample content
- Technical support with live circuit
- Online Course Material (PDF's & Videos)
9.3 Online Support
You can use online support for five weeks, with questions or problems dealt with either directly or in a weekly FB Live group.
9.4 Performance time
We provide the service on the date agreed in the contract.
The booking process consists of a total of four steps. In the first step you select the desired service. In the second step, enter your data including billing address and, if applicable, different address. In the third step, select the payment method. In the fourth step, you have the opportunity to check all the information (for example, name, address, method of payment, desired service) again and, if necessary, to correct input errors before confirming your assignment by clicking on the "ask for payment" button. With the order you declare bindingly your offer of contract. We will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the commission. We are entitled to accept the contractual offer contained in the order within five calendar days after receipt of the order by e-mail, fax, telephone or by post. With the acceptance of the contract comes off.
The contract text will be stored by us and sent to you after sending your order together with the present GTC and customer information in text form (for example e-mail, fax or post). However, the contract text can no longer be retrieved from you after sending your order via the website. You can use the print function of the browser to print the relevant website with the contract text.
All prices include VAT.
9.7 Revocation policy for online course
Revocation instruction for consumers in distance contracts
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving a reason. The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must (Bright Idea, Dr. Katja Brunkhorst, Rudolfstraße 24, 49080 Osnabrück, Phone: +49 (0) 541 40757303, E-Mail: firstname.lastname@example.org) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we have to repay you all payments that we have received from you without delay and at the latest within fourteen days from the date on which the notification of your revocation of this contract is received. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
- End of the revocation policy -
Special notice on the premature termination of the right of withdrawal
Your right of withdrawal expires prematurely if we have provided the service in full and have begun the execution of the service only after you have given your express consent and you have also confirmed your knowledge thereof that you lose your right of withdrawal with complete fulfillment of the contract by us. Furthermore, your right of withdrawal for services related to leisure activities expires, if the contract provides for a specific date or period for the provision,
The content and structure of the courses we provide and the related documents including all authorized copies are our intellectual property.
9.9 Granting of licenses
When settling the participation fee, we transfer to you all rights of use required for you in documents to the extent specified in the contract and required for the respective training. In case of doubt, we fulfill this obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for the duration of the service. Upon termination of the contract, the licensing will expire. On the other hand, with regard to the copies provided to you for personal use, the right of use continues beyond the end of the contract.
9.10 Licensing Conditions
Any further use requires our consent. In particular, the materials may not be passed on to third parties (sub-licensing or distribution), nor may they be copied, duplicated or stored on data media or other media. Likewise, it is prohibited without express written permission to use the contents, texts and exercises for their own purposes in seminars, courses or otherwise to third parties.
9.11 Reference Right
We reserve the right to refer to the services we offer. Unless otherwise agreed, we reserve the right to take pictures in the courses and to list them as references in brochures, brochures and our website. You are entitled to a right of objection.
We reserve the right to claim for any breach of the contractual license terms, especially in case of copyright infringement.
Please note that you yourself are responsible for the contents of your site and we also offer you no text or design service. In addition, we assume no liability for changes made by you to the technical structure of the WordPress website.
10.1 Warranty claim
There are statutory warranty rights. If the work is defective and you demand subsequent performance, we may, at our discretion, remedy the defect or produce a new work. If defects are not remedied even after at least two attempts at repair, you shall be entitled to rescission or reduction.
10.2 Rights in the case of insignificant defects
If there is only an insignificant defect, you have the exclusive right to reasonably reduce the agreed wages under exclusion of the right of withdrawal.
10.3 Damages for Defects
For damages, which are to be led back to an improper treatment or use, no guarantee is given. The following disclaimer is expressly referred to.
10.4 Transfer of risk
The risk of accidental loss or deterioration of the work shall not pass to you within the framework of warranty processing until acceptance of the work.
If you notice that the outer packaging arrives damaged at your premises or notice damage after receipt of the goods, we ask you to inform us accordingly. However, there is no obligation to give such notice, nor are the consumer's warranty rights affected by a failure to do so.
10.6 Statute of limitations
Warranty claims expire within one year after the transfer of risk, unless it is a matter of the construction of a building or a work, the success of which in the provision of planning or monitoring services for this is involved. In such cases, the limitation period shall be five years. The shortening of the limitation period expressly does not exclude liability for damages resulting from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
11.1 Disclaimer of liability
We as well as our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose observance is of particular importance for the achievement of the purpose of the contract) are concerned, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. In the event of a grossly negligent breach of non-essential contractual obligations, we shall be liable to entrepreneurs only to the extent of the foreseeable damage typical of the contract.
11.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
11.3 Data backup
We carry out effective data backups as part of our service provision, but do not provide a general data back-up guarantee for the data you transmit. You are also responsible for making appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will back up the data with the necessary expertise. However, we do not guarantee that the stored content or data that you access will not be accidentally damaged or falsified, lost or partially removed.
11.4 Liability for Content
We are not liable for your incorrect information/contents in your contributions or files. An examination of the contents transmitted to us (in particular regarding the injury of rights third, the correctness of Sach- and/or advertising statements) does not take place. Should we, however, become aware of incorrect, inaccurate, misleading or illegal content, we will immediately review it and remove it if necessary. We also assume no liability for the accuracy, timeliness, completeness, quality or legality of the content not completely created by us. We only feed in your contents/contributions/data.
11.5 Commissioning of third parties
We are not liable for orders placed with third parties in your name and on your account. In this case we only act as intermediary. The contractual relationship is concluded between you and the third party.
12. Final provisions
12.1 Place of jurisdiction
Our place of business shall be agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract if you are a merchant, a legal entity under public law or a special fund under public law or if you do not have a place of jurisdiction in the Federal Republic of Germany.
12.2 Choice of law
12.3 Consumer dispute settlement proceedings
The EU Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the OS platform via the following link: http://ec.europa.eu/consumers/odr/ . We are not willing or obliged to participate in a dispute resolution procedure before a consumer mediation body.
12.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.