General Terms and Conditions
These Terms and Conditions shall apply to all current and future business relations. Nordisk Büro Plus GmbH renders its services to contractual partners on the basis of the following General Terms and Conditions. Derogating, conflicting or supplemental general terms and conditions shall not be subsumed into the Agreement, even if known, unless the validity thereof is expressly confirmed in writing.
2. Cost Estimate
Upon request for an offer, Nordisk Büro Plus GmbH will prepare a cost estimate based on the Customer’s requirements. These prices are exclusive of the statutory value added tax. All costs stated in Nordisk Büro Plus GmbH’s cost estimate, in particular third-party production costs, are approximate. Actual costs may vary by up to +/-10% from the costs stated in the cost estimate.
The costs of staffing and beverages at events are charged according to actual expenses or consumption. Costs for couriers, color prints, proofs, proofreading and the like are charged according to actual expenses incurred. External costs handled and passed on by Nordisk Büro Plus GmbH are subject to a handling surcharge of 15% added to the net cost of external expenses. Nordisk Büro Plus GmbH shall not be under any obligation to disclose to its customers the sources of and prices for purchased goods and services.
An overrun or underrun of up to 10% is considered acceptable in the printing industry and shall be invoiced to the Customer. The fee given in the cost estimate includes two proofing passes. Additional proofing passes and the author’s proof are charged separately at an hourly rate of EUR 120.00.
3. Conclusion of Contract
The Customer places a job order based on the cost estimate, the latest version of which is subsumed as an integral part of the Agreement between the Customer and Nordisk Büro Plus GmbH. Any change to the job order or content of the inquiry must be made in writing and is subject to a new cost estimate to be prepared by Nordisk Büro Plus GmbH. The Agency’s activity bases on the Customer’s briefing. Should the briefing be given orally, the Agency will prepare a log documenting the briefing. This shall become a binding document.
For inquiries about individual and separate job orders, the Agency will submit a written cost estimate to the Customer. The Agency reserves the right to charge 10% of the scope of services if the Customer does not place an order after an extensive briefing and project calculations have been made. An offer submitted by Nordisk Büro Plus GmbH shall be valid for four weeks from the date of the offer’s preparation and is to be completed within the period specified for project and agreed upon in the cost estimate.
4. Terms of Payment
The quoted costs or prices are net; that is, they do not include the applicable value-added tax. Payments shall be made without deduction so as to enable Nordisk Büro Plus GmbH to dispose of the total amount due no later than 14 days upon completion of the job order. When a job order is placed, an advance payment of 50% of the costs to be handled by Nordisk Büro Plus GmbH will be invoiced within five working days of the order’s placement. The cost estimate serves as the basis for this calculation. The remaining 50% are due immediately upon completion of the job order. In the case of events, 90% of the costs to be settled are to be paid on a staggered payment schedule with the penultimate payment due 14 days before the event is to take place. The remaining 10% are due immediately upon completion of the job order. The date of receipt of payment to the account of Nordisk Büro Plus GmbH applies in every case.
In the event of non-compliance with the terms of payment, Nordisk Büro Plus GmbH is entitled to cancel the order without notice and to demand full payment regardless of the agreed due date. The statutory provisions for late payment shall remain unaffected by this. Interest in the amount of 10% are due in the event of late payment.
5. Duties of the Customer
The Customer shall provide free of charge to Nordisk Büro Plus GmbH all data and documents needed to execute the project. Nordisk Büro Plus GmbH will treat all working documents with due care, protect them against third-party access, use them solely to prepare for the given job, and return them to the Customer upon completion of the job order.
Nordisk Büro Plus GmbH shall not be liable for defective printing services if the quality of reproduction and execution comply with the agreements reached after printing a proof and selecting paper, dummies, etc. Should the Customer elect to forgo the printing of a proof, Nordisk Büro Plus GmbH extends no warranty as to the quality of print and processing.
Nordisk Büro Plus GmbH shall not be liable for content and texts provided by the Customer or created by the Agency in consultation with the Customer. This applies to both technical and spelling accuracy.
6. Force Majeure
In the event of circumstances beyond the control of the Agency, Nordisk Büro Plus GmbH shall be entitled to postpone the event or job order for the duration of the disruption and a reasonable ramp-up period to follow.
The copyright, design rights and other rights to concepts, talking points and the like developed by Nordisk Büro Plus GmbH shall remain with Nordisk Büro Plus GmbH. The Customer shall be granted a non-transferable right of use as soon as the remuneration has been paid in full.
8. Photo, Video and Audio Recordings
The Customer is to ensure that no photographs or videos are taken, or recordings of any kind are made using image and audio recording/ storage devices, for commercial purposes during the event, unless expressly approved in writing by Nordisk Büro Plus GmbH.
The Customer shall be liable for all damage caused by the Customer or the Customer’s employees or guests to the buildings, rooms, facilities, tents, sites and the like used, or objects or animals entrusted to the custody of the Agency. This shall also apply to glass breakage caused by the Customer or the Customer’s employees or guests. The Customer is liable for the damage, destruction and loss of exhibited objects and animals, and exhibition stands and facilities. The Customer undertakes to obtain insurance to cover such liabilities.
The Customer shall bear the risk of legal admissibility of services to be rendered by Nordisk Büro Plus GmbH to and behalf of the Customer, in particular with regard to laws and jurisdiction in the area of intellectual property (competition law, copyright, etc.). Nordisk Büro Plus GmbH shall be obliged to point out legal risks as they become known to the Agency during the course of preparations. The comprehensive legal assessment of the content or design of planned advertising measures is the Customer’s responsibility.
The Customer shall be solely liable for the truthfulness and accuracy of statements about the Customer’s products and services as conveyed to Nordisk Büro Plus GmbH by the Customer. Nordisk Büro Plus GmbH shall be liable within the scope of statutory provisions. Should a breach of secondary contractual obligations occur, Nordisk Büro Plus GmbH shall only be liable in the event of intent or gross negligence. Insofar as Nordisk Büro Plus GmbH is liable under the above provision, this liability shall be limited to the foreseeable damage that can typically materialize in connection with the type of contract and service in question.
10. Third-Party Services
Artists or third parties engaged by the Agency are not the vicarious agents of Nordisk Büro Plus GmbH. Such contracts are concluded exclusively on behalf of the Customer. Nordisk Büro Plus GmbH merely acts as an agent in this respect. Nordisk Büro Plus GmbH shall not be liable for the fulfilment of obligations on the part of artists or third parties.
11. Collecting Societies (Performance Rights Organizations)
The Customer undertakes to pay any fees to collecting societies such as GEMA, as well as any fees due to the Künstlersozialkasse, the German artists’ social welfare fund. Should Nordisk Büro Plus GmbH settle such costs, the Customer undertakes to reimburse Nordisk Büro Plus GmbH for this outlay upon submission of proof of payment.
12. Place of Jurisdiction
The place of jurisdiction and performance is Frankfurt am Main. German law applies exclusively.
13. Ancillary Agreements
Agreements amending, supplementing or voiding the contract must be made in writing. This also applies to the voiding of this written form clause.
14. Severability Clause
Should individual provisions of these General Terms and Condition be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a provision most closely approximating the invalid provision’s intended purpose.
These General Terms and Conditions have been prepared in German and translated into English. Should any doubts arise as to their interpretation, the original German version of these General Terms and Conditions shall prevail.