General Terms & Conditions of Business

I. Area of application

  1. The following General Terms & Conditions of Business form the basis for all contractual agreements and business relationships with people for promotion (owner: Stephan Düx). Verbal agreements will not be recognised. Additional provisions or those that diverge from those set down here must be agreed in writing.
  2. Should individual provisions of these Terms & Conditions be invalid, this shall not affect the legal validity of the remaining contractual agreements.
  3. Only assignments or assignment changes made in writing are binding.
    Offers are subject to change without notice. A contract is deemed to have been concluded when both parties sign the assignment. Awarding us an assignment or accepting an assignment from us constitutes tacit acceptance of these Terms & Conditions.

II. Copyright

  1. people for promotion is a registered word mark. The people for promotion word mark may only be cited or used if written permission has been given in advance.
  2. Presentations, concepts, project papers and layouts created by people for promotion are the intellectual property of people for promotion. They are meant exclusively for the contractual partner for the respective assignment and may not be made available to third parties without the approval of people for promotion. Should no assignment be awarded for a job, all ideas, proposals, concepts, layouts and texts that have been presented may not be used either in original or altered form. A partial or complete realisation based on any of these elements requires the express written permission of people for promotion.
  3. people for promotion has the right to use documentation recorded during a campaign, including photographs and films, in an unlimited fashion for its own advertising and presentation purposes.
  4. Upon awarding a job assignment, the client gives people for promotion the revocable right to use its name and logo as reference.

III. Payment terms

  1. All quotes by people for promotion are to be understood as net sums. Insofar as no other payment terms have been agreed, the total fee amount is due as follows:
    •  30% of the assignment total upon conclusion of contract
    •  30% of the assignment total at project start
    •  40% of the assignment total within 14 days of assignment fulfilment
  2. In case of payment default, people for promotion will charge reminder fees and interest on arrears in the amount of at least 5% p.a. over the applicable base lending rate.
  3. The client has the right to withdraw from the contract up to the first day of the event. Such withdrawal must be declared in writing. When cancelling an assignment, the client commits to paying damages as follows:
    • Withdrawal up to 28 days before the start of the event: 60% of the total fee
    • Withdrawal up to 14 days before the start of the event: 80% of the total fee
    •  Thereafter, 100% of the total fee, even if services are not used

IV. Execution of the job assignment

  1. The client is obligated to furnish the necessary conditions for the fulfilment of the job assignment insofar as these are not part of the services to be provided. This includes licensing and registration procedures, fees, compliance with official specifications and security.
  2. All contracts necessary to fulfilling the assignment shall be concluded in the name of the client. The client shall grant people for promotion power of attorney to conclude all necessary contracts in its name.
  3. The event takes place in the name of the client. All assigned persons act on behalf of the client. The client is liable for any damage that arises within the scope of the event. Excepted here is damage caused with wilful intent or due to gross negligence.
  4. If people for promotion is hindered in whole or in part from carrying out the assignment for reasons for which the client is responsible, people for promotion shall retain its claim to the agreed fee. people for promotion also retains its claim to the fee in cases where neither of the contractual partners is responsible for the hindrance (e.g. force majeure or similar).
  5. Should people for promotion or its agents not provide the contracted services due to illness or force majeure, all claims arising from this contract shall be cancelled. The reasons for such failure shall be communicated to the client without delay and proven if so requested.

V. Liability

  1. The client is obligated to take out adequate insurance to cover damage of all kinds in connection with the fulfilment of the contract, insofar as such insurance is not part of the agreed services to be provided by people for promotion.
  2. In case of damage to persons or property caused by people for promotion staff, people for promotion is liable only for gross negligence or wilful intent.
  3. people for promotion is not liable for damage caused by visitors to an event.
  4. In case people for promotion is at fault for not fulfilling the assignment contract, people for promotion shall be liable at maximum for the amount of the agreed fee for that portion of services that has not been provided in accordance with the contract. The enforcement of any additional damage claims against people for promotion is ruled out.

VI. Confidentiality

  1. The parties to the contract mutually commit to maintaining the confidentiality of all contract contents within the scope of their cooperation. Any information and documents that are made accessible in connection with the assignment shall be handled with strict confidentiality.
  2. The contract partners mutually commit in particular to not passing on any information to third parties or providing information to others on the agreed fees.

VII. Non-competition

  1. The persons placed by people for promotion may not be contacted or booked by the client for a period of 24 months following the event. This applies to both temporary and permanent employment.
  2. In case of violation of this provision, people for promotion is entitled to demand damages in the amount of €2,000 per person. Additional damage claims remain unaffected.

VIII. Final provisions

  1. These General Terms & Conditions of Business contain only general framework conditions. Supplementary points will be added upon conclusion of an individual contract.
  2. Place of jurisdiction is Cologne.

Deutsch | English


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