Terms and Conditions
General Terms and Conditions
Preamble
The purpose of the collaboration between the client and High Frequency (hereinafter referred to as the "Agency") is the optimization and expansion of the client’s advertising and communication presence, including its products and/or services in the market. Both contracting parties regard themselves as being in a relationship of mutual trust and agree as follows:
A. Assignment
The client has the option to commission the Agency with either the creation and management of advertisements, the production of content for social media, including videos and posts, or both services.
The Agency accepts the respective assignment and assures the client of close cooperation and consistent safeguarding of the client’s interests.
B. Principles of Collaboration
The Agency shall perform the contracted services in a professional, timely, and competent manner, in accordance with the agreed requirements and quality criteria.
The contracting parties shall conduct regular reviews to discuss progress and obstacles during the execution of the commissioned services.
Binding deadlines for the delivery of services must be explicitly marked as such. Otherwise, they shall be considered target dates.
C. Agency Compensation
For the creation and management of advertisements, the Agency will receive compensation, which will be agreed upon with the client in advance.
Compensation for the creation of content will be a fixed price, which will be agreed upon with the client in advance.
D. Retention of Ownership
The Agency retains ownership of all works, drafts, and materials created under the contract until full payment of all claims arising from the contractual relationship has been made. The transfer of usage rights to the client occurs only after full payment of the agreed compensation.
E. Revisions and Additional Work
The fixed price for content creation includes one revision. Any further revision or significant change to the original specifications will be billed additionally based on an agreed hourly rate or fixed price.
F. Indemnification
High Frequency shall be exempt from any liability to the extent legally permissible.
The client undertakes to indemnify the Agency against any third-party claims arising from the use of content created on behalf of the client, provided that such claims result from the client’s instructions or specifications. This particularly applies to liability for ordinary negligence and explicitly includes claims arising from violations of competition, trademark, copyright, or personal rights.
The review of the deliverables for legal compliance, particularly under competition, trademark, copyright, and personal rights law, is expressly not the responsibility of High Frequency.
G. Termination
Both parties may terminate this contract in writing with a notice period of 30 days to the end of the month. In the event of early termination, services already rendered must be compensated immediately. Unfinished projects shall either be completed or discontinued by mutual agreement and against prorated compensation.
H. Consequences of Breach of Contract
In the event of a breach of contract by one party, the other party has the right to claim damages. The specific conditions and consequences of such a breach will be determined based on the specific circumstances of the individual case and applicable law.
I. Final Provisions
The transfer of this contract by the client to third parties requires the prior written consent of the Agency. The Agency is entitled to transfer its rights and obligations under this contract to affiliated companies.
J. Jurisdiction
The place of jurisdiction for all disputes is Hamburg