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Site Notice

Information pursuant to Section 5 TMG
Syed Shah
Synext IT
Becklemer Weg 11
45711 Datteln

Contact
Phone: +49 1764 0523445
E-Mail: service@synext-it.de

VAT ID
Sales tax identification number according to Sect. 27 a of the Sales Tax Law:
DE366322105

EU dispute resolution
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.
Our e-mail address can be found above in the site notice.

Consumer dispute resolution / Universal arbitration board
We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

Privacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?
Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns. If contracts can be concluded or initiated via the website, the transmitted data will also be processed for contract offers, orders or other order enquiries.

What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency. Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties
There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs. For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting

We are hosting the content of our website at the following provider:

IONOS

The provider is the IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany (hereinafter referred to as: IONOS). Whenever you visit our website, IONOS records various logfiles along with your IP addresses. For details, please consult the data privacy policy of IONOS: https://www.ionos.de/terms-gtc/terms-privacy.

We use IONOS on the basis of Art. 6 (1)(f) GDPR. Our company has a legitimate interest in presenting a website that is as dependable as possible. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TDDDG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TDDDG. This consent can be revoked at any time.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3. General information and mandatory information Data protection

Privacy policy

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Synext IT
Becklemer Weg 11
45711 Datteln
Phone: +49 (0) 1578 7488091
E-Mail: service@synext-it.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TDDDG. The consent can be revoked at any time.

If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Information on the data transfer to third-party countries that are not secure under data protection law and the transfer to US companies that are not DPF-certified

We use, among other technologies, tools from companies located in third-party countries that are not safe under data protection law, as well as US tools whose providers are not certified under the EU-US Data Privacy Framework (DPF). If these tools are enabled, your personal data may be transferred to and processed in these countries. We would like you to note that no level of data protection comparable to that in the EU can be guaranteed in third countries that are insecure in terms of data protection law.

We would like to point out that the US, as a secure third-party country, generally has a level of data protection comparable to that of the EU. Data transfer to the US is therefore permitted if the recipient is certified under the “EU-US Data Privacy Framework” (DPF) or has appropriate additional assurances. Information on transfers to third-party countries, including the data recipients, can be found in this Privacy Policy.

Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on data processing. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION.

IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data at any time. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of deletion.
• If we no longer need your personal data, but you require it for the establishment, exercise, or defense of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
• If you have lodged an objection pursuant to Art. 21 (1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet clear whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line. If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

4. Recording of data on this website Cookies

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies into websites (e.g., cookies for handling payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for promotional purposes.

Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of the operator’s services.

If your consent to the storage of the cookies and similar recognition technologies has been requested, the processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TDDDG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

You can find out which cookies and services are used on this website in this privacy policy.

Consent with Complianz

Our website uses Complianz’s consent technology to obtain your consent to store certain cookies on your device or for the use of certain technologies and to document this consent in a manner compliant with data protection regulations. The provider of this technology is Complianz B.V., Kalmarweg 14-5, 9723 JG Groningen, the Netherlands (hereinafter “Complianz”).

Complianz is hosted on our servers, so no connection to the servers of the provider of Complianz is established. Complianz stores a cookie in your browser in order to be able to allocate the consents granted to you or their revocation.

The data collected in this way is stored until you request us to delete it, delete the Complianz cookie yourself or until the purpose for storing the data no longer applies.

Mandatory legal storage obligations remain unaffected. Complianz serves to obtain the legally required consent for the use of cookies. The legal basis for this is Art. 6(1)(c) GDPR.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources. This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us via email, phone, or fax, your inquiry, including all personal data resulting from it (name, inquiry), will be stored and processed by us for the purpose of handling your request. We do not share this data without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The data you send to us via contact inquiries will remain with us until you request its deletion, revoke your consent for storage, or the purpose for data storage no longer applies (e.g., after your inquiry has been processed). Mandatory legal provisions – particularly statutory retention periods – remain unaffected.

Communication via WhatsApp

For communication with our customers and other third parties, one of the services we use is the instant messaging service WhatsApp. The provider is WhatsApp Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

The communication is encrypted end-to-end (peer-to-peer), which prevents WhatsApp or other third parties from gaining access to the communication content. However, WhatsApp does gain access to metadata created during the communication process (for example, sender, recipient, and time).

We would also like to point out that, according to its own statements, WhatsApp shares personal data of its users with its parent company Meta, which is based in the USA. Further details on data processing can be found in WhatsApp’s privacy policy at: https://www.whatsapp.com/legal/#privacy-policy.

The use of WhatsApp is based on our legitimate interest in communicating as quickly and effectively as possible with customers, interested parties and other business and contractual partners (Art. 6(1)(f) GDPR). If a corresponding consent has been requested, data processing is carried out exclusively on the basis of the consent; this consent may be revoked at any time with effect for the future.

The communication content exchanged between you and us on WhatsApp will remain with us until you request its deletion, withdraw your consent to storage, or the purpose for storing the data no longer applies (e.g., after your inquiry has been fully processed). Mandatory statutory provisions — in particular retention periods — remain unaffected.

The company is certified under the ‘EU-US Data Privacy Framework’ (DPF). Further information: https://www.dataprivacyframework.gov/participant/7735.

We use WhatsApp in the ‘WhatsApp Business’ version. Data transfers to the USA are based on the European Commission’s Standard Contractual Clauses. Details: https://www.whatsapp.com/legal/business-data-transfer-addendum.

Gravatar

We have integrated Gravatar on this website. The provider is Automattic Inc., 60 29th Street #343, San Francisco, CA 94110, USA (hereinafter Gravatar).

Gravatar is a tool that enables the provision of personal images (avatars) for users of our website. If you comment or interact on our website and Gravatar is enabled, the hash of the email address of the user who uses Gravatar (used as an ID) is processed by Gravatar.

The use of Gravatar is based on Art. 6 para. 1 lit. f GDPR. If corresponding consent has been obtained, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG. Consent can be withdrawn at any time.

Further details: https://automattic.com/privacy/. DPF Information: https://www.dataprivacyframework.gov/participant/4709.

5. Analysis tools and advertising

Google Tag Manager

We use Google Tag Manager. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Google Tag Manager is a tool that allows us to integrate tracking or analytics tools and other technologies on our website. Google Tag Manager itself does not create user profiles, does not store cookies, and does not carry out any independent analyses. It merely serves to manage and deploy the tools integrated through it.

However, Google Tag Manager does collect your IP address, which may also be transmitted to Google’s parent company in the United States. Its use is based on Art. 6 para. 1 lit. f GDPR. If corresponding consent has been obtained, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG.

DPF Information: https://www.dataprivacyframework.gov/participant/5780.

Google Analytics

This website uses functions of the web analytics service Google Analytics. The provider is Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior of website visitors. In doing so, the website operator receives various usage data, such as page views, duration of visits, operating systems used, and the origin of the user. This data is consolidated into a user ID and assigned to the respective end device of the website visitor.

Furthermore, with Google Analytics we can, among other things, record your mouse and scroll movements as well as clicks. Google Analytics also uses various modeling approaches to supplement the collected data sets and employs machine-learning technologies in data analysis.

Google Analytics uses technologies that enable the recognition of users for the purpose of analyzing user behavior (e.g., cookies or device fingerprinting). The information collected by Google about the use of this website is generally transmitted to a Google server in the USA and stored there.

The use of this service is based on your consent pursuant to Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG. Consent can be withdrawn at any time. Data transfers to the USA are based on the European Commission’s Standard Contractual Clauses. Details: https://business.safety.google/adscontrollerterms/sccs/.

IP anonymization

Google Analytics IP anonymization is enabled. As a result, your IP address is truncated by Google within Member States of the European Union or in other contracting states of the Agreement on the European Economic Area before being transmitted to the USA. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity, and to provide other services related to website and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=de.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=de.

Google Ads

The website operator uses Google Ads. Google Ads is an online promotional program of Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Ads enables us to display advertisements in the Google search engine or on third-party websites when users enter certain search terms on Google (keyword targeting). Furthermore, targeted advertisements can be displayed based on the user data available at Google (e.g., location data and interests) (audience targeting).

The use of this service is based on your consent pursuant to Art. 6 para. 1 lit. a GDPR and Section 25 para. 1 TDDDG. Consent can be withdrawn at any time.

Further information: https://policies.google.com/privacy/frameworks and https://business.safety.google/controllerterms/.

Google Ads Remarketing

This website uses the functions of Google Ads Remarketing. The provider is Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland.

With Google Ads Remarketing, we can assign individuals who interact with our online offering to specific target groups in order to subsequently display interest-based advertising to them within the Google advertising network (remarketing or retargeting).

If you have a Google account, you have the option to object to personalized advertising under the following link: https://adssettings.google.com/anonymous?hl=de.

Further information can be found in Google’s privacy policy: https://policies.google.com/technologies/ads?hl=de.

Formation of Target Groups with Customer Reconciliation

For audience creation, we use, among other things, Google Ads Remarketing customer matching. In this process, we transmit certain customer data (e.g., email addresses) from our customer lists to Google. If the respective customers are Google users and logged into their Google account, they will be shown suitable advertising messages within the Google network (e.g., on YouTube, Gmail, or in the search engine).

Google Conversion-Tracking

This website uses Google Conversion Tracking. The provider is Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland. With the help of Google Conversion Tracking, Google and we can recognize whether the user has performed certain actions.

More information: https://policies.google.com/privacy?hl=en.

6. Plug-ins and Tools

YouTube

This website embeds videos from the website YouTube. The operator of the website is Google Ireland Limited (‘Google’), Gordon House, Barrow Street, Dublin 4, Ireland.

When you visit one of our web pages on which YouTube is embedded, a connection to the YouTube servers is established. In doing so, the YouTube server is informed which of our pages you have visited.

Further information: https://policies.google.com/privacy?hl=en.

Google Fonts (local embedding)

This website uses so-called Google Fonts provided by Google to ensure the uniform display of fonts. The Google Fonts are installed locally. No connection to Google servers is established in this process.

Further information on Google Fonts: https://developers.google.com/fonts/faq.

Font Awesome (local embedding)

This website uses Font Awesome for the uniform display of fonts. Font Awesome is installed locally. No connection to servers of Fonticons, Inc. is established in this process.

Privacy policy https://fontawesome.com/privacy.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Further information: https://policies.google.com/privacy?hl=en and https://policies.google.com/terms?hl=en.

Cloudflare Turnstile

We use Cloudflare Turnstile (hereinafter ‘Turnstile’) on this website. The provider is Cloudflare Inc., 101 Townsend St., San Francisco, CA 94107, USA (hereinafter ‘Cloudflare’).

Die Datenverarbeitung wird auf Standardvertragsklauseln gestützt: https://www.cloudflare.com/cloudflare-customer-scc/. Further information: https://www.cloudflare.com/cloudflare-customer-dpa/.

DPF Information: https://www.dataprivacyframework.gov/participant/5666.

Wordfence

We have integrated Wordfence on this website. The provider is Defiant Inc., 800 5th Ave Ste 4100, Seattle, WA 98104, USA (hereinafter ‘Wordfence’). Wordfence is used to protect our website from unauthorized access or malicious cyberattacks.

Details: https://www.wordfence.com/help/general-data-protection-regulation/ .

7. Custom Services

Handling applicant data

We offer you the opportunity to apply to us (e.g., by email, by post, or via an online application form). Below, we inform you about the scope, purpose, and use of the personal data collected as part of the application process.

Scope and purpose of the collection of data

If you send us an application, we will process the associated personal data (e.g., contact and communication data, application documents, notes taken during interviews, etc.) to the extent necessary to decide on the establishment of an employment relationship.

The legal basis for this is Section 26 BDSG under German law (initiation of an employment relationship), Art. 6 para. 1 lit. b GDPR (general contract initiation), and — if you have given your consent — Art. 6 para. 1 lit. a GDPR. Consent can be withdrawn at any time.

Your personal data will be shared within our company only with individuals who are involved in processing your application.

If the application is successful, the data you have submitted will be stored in our data processing systems on the basis of Section 26 BDSG and Art. 6 para. 1 lit. b GDPR for the purpose of carrying out the employment relationship.

Data Archiving Period

If we are unable to offer you a position, if you decline a job offer, or if you withdraw your application, we reserve the right to retain the data you have submitted on the basis of our legitimate interests (Art. 6 para. 1 lit. f GDPR) for up to 6 months after the end of the application process (rejection or withdrawal of the application). After this period, the data will be deleted and the physical application documents will be destroyed.

The retention serves, in particular, as evidence in the event of a legal dispute. If it is apparent that the data will be required after the expiry of the 6-month period (e.g., due to a pending or imminent legal dispute), deletion will only take place once the purpose for further retention no longer applies.

Longer retention may also take place if you have given corresponding consent (Art. 6 para. 1 lit. a GDPR) or if statutory retention obligations prevent deletion.

Admission to the applicant pool

If we are unable to offer you a position, there may be the possibility of including you in our applicant pool. In the event of inclusion, all documents and information from your application will be transferred to the applicant pool in order to contact you if suitable vacancies arise.

Inclusion in the applicant pool takes place exclusively on the basis of your explicit consent (Art. 6 para. 1 lit. a GDPR). Providing consent is voluntary and is not related to the ongoing application process. The data subject may withdraw their consent at any time.

In this case, the data from the applicant pool will be permanently deleted unless there are statutory retention obligations. The data from the applicant pool will be permanently deleted no later than two years after consent has been granted.

General Terms and Conditions

from

Synext IT,
Syed Shah,
Becklemer Weg 11,
45711 Datteln

– hereinafter: Contractor –

Part 1 - General provisions

1.1 General information

1.1.1 The contractor provides the customer with various agency services. The specific scope of services is subject to individual agreements between the contractor and the customer.

1.1.2 The contractor does not enter into contracts with consumers or private individuals.

1.1.3 The Contractor shall be authorised to subcontract the necessary services in its own name and for its own account to subcontractors, who in turn may also use subcontractors. Unless otherwise agreed, the Contractor shall remain the sole contractual partner of the Customer. Subcontractors shall not be used if it is apparent to the Contractor that their use is contrary to the legitimate interests of the Customer.

1.1.4 Insofar as other contractual documents in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in the event of a contradiction.

1.1.5 The Contractor shall not recognise any general terms and conditions that deviate from these terms and conditions and are used by the Customer - subject to express consent.

1.2 Obligations of the customer to co-operate

1.2.1 If the customer provides the contractor with texts, images or other content to fulfil the services ordered, the customer must ensure that this content does not violate the rights of third parties (e.g. copyrights, trademark law, etc.) or other legal norms. In this context, it should be noted that the Contractor is not authorised by law to provide legal advice to the Customer. In particular, the Contractor is not obliged and legally not in a position to check the Customer's business model and/or the works (layouts, graphics, texts, etc.) created or acquired by the Customer for their compatibility with applicable law. In particular, the Contractor shall not carry out any trade mark searches or other collision checks with regard to the works provided by the Customer. Insofar as the customer issues specific instructions regarding the work to be produced, he shall be liable for this himself.

1.2.2 The customer is obliged to provide the information, data, works (e.g. the data for the imprint, graphics, logos etc.) and accesses to be provided by him for the purpose of order fulfilment completely and correctly. He must also ensure that the instructions issued by him comply with the applicable law.

1.2.3 Subject to deviating individual agreements, the customer shall be responsible for procuring the material for the provision of the agency services (e.g. graphics, videos) and shall provide this to the contractor in good time. If the customer does not provide these and does not make any further specifications, the contractor may, at its own discretion, use image material from common providers (e.g. stock photo service providers) or provide the corresponding parts of the website with a placeholder, taking into account the copyright labelling requirements.

1.2.4 If the conclusion of an order processing contract pursuant to Art. 28 GDPR is required for individual components of the order, both contracting parties undertake to conclude such a contract - to be provided by the contractor - before the start of the provision of services.

1.2.5 The Contractor shall not be liable to the Customer in any way for delays and delays in the realisation of projects caused by delayed (necessary) cooperation or input from the Customer; the provisions under the heading "Liability/exemption" shall remain unaffected by this.

1.2.6 If the customer fails to fulfil its obligations to cooperate under this section, the contractor may charge the customer for the additional expenses incurred as a result (e.g. costs for stock photos and time spent searching for them).

1.3 Use of artificial intelligence (AI)

1.3.1 The Contractor is authorised to use artificial intelligence technologies (AI tools) to create content (e.g. text, images, sound or video) as part of the provision of services. Unless otherwise agreed, all content generated by an AI shall be checked by a natural person after it has been created and adapted if necessary. AI tools shall not be used if it is apparent to the contractor that their use would conflict with the customer's legitimate interests. If the customer does not wish AI technologies to be used for certain projects or parts thereof, it must inform the contractor of this independently in text form.

1.3.2 The Contractor warrants that content created in whole or in part using AI does not infringe the rights of third parties. If exclusive rights of use are to be transferred to content created in whole or in part with the help of AI, the Contractor shall ensure that such a transfer of rights of use is possible (e.g. by modifying the AI-generated works in such a way that the level of creation and thus copyright protection is achieved).

1.3.3 A separate labelling of AI-generated content is only owed if and to the extent that the labelling of the content is required by law or if it is already foreseeable at the time of service provision that a labelling obligation will be required by law in the foreseeable future (e.g. due to regulations in the AI Regulation). The same applies to notifications that certain work results have been created with the aid of artificial intelligence.

Part 2 - Online presence and technology

2.1 Website and shop creation (agile)

2.1.1 Unless otherwise agreed individually, the creation of new or the expansion of existing websites/shops or web/shop components (hereinafter "website creation") shall be based on agile methods. The other provisions of these GTC remain unaffected.

2.1.2 The subject matter of website creation contracts between the Contractor and the Customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the Customer's technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE).

2.1.3 The services agreed in detail result from the individual contract concluded between the Contractor and the Customer. For this purpose, the Customer shall first submit an enquiry to the Contractor with as precise a description as possible of the website content it requires (creative content such as images, layouts, logos, fonts, etc. shall be specified and provided by the Customer, unless otherwise agreed). This enquiry constitutes an invitation to the Contractor to submit an offer. The Contractor shall check the Customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and shall prepare an offer on the basis of the wishes arising from the Customer's enquiry. A contract between the contractor and the customer is only concluded when the customer accepts the offer.

2.1.4 The customer can make customer requests at any time, insofar as these are covered by the originally agreed scope of services. Such adjustments shall become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, the Contractor shall only be obliged to produce the functions/items listed in the contract or to provide the agreed service. Any additional services must be agreed and remunerated separately.

2.1.5 As soon as the website has been completed, the Contractor shall request the Client to accept the website.

2.1.6 A prerequisite for the Contractor's activities is that all data (e.g. texts, templates, graphics, fonts) and/or system environments to be provided by the Customer and required for the realisation of the project are made available to the Contractor in good time and in a suitable form. The Contractor shall not be liable to the Customer in any way for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the Customer.

2.1.7 The verification or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL/TLS) shall only be owed by the Contractor if this has been expressly agreed in the individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements.

2.1.8 Unless otherwise agreed, the websites created are optimised for the Chrome, Safari, Firefox and Edge browsers in their respective current versions (in each case the last two versions of the browser). Search engine optimisation (SEO) is only owed if it has been expressly agreed.

2.1.9 The Contractor is not authorised and not obliged to advise the Customer on competition, consumer, labelling or other legal issues within the meaning of the Legal Services Act. It is therefore the responsibility of the customer to inform himself about the competition, consumer or labelling law provisions applicable to his shop and, if necessary, to have the shop checked by a specialised lawyer.

2.1.10 After completion of the websites and/or individual parts thereof, the Contractor may offer the Customer maintenance and care services in relation to the websites. However, the Contractor is not obliged to make such an offer, nor does the Customer have to make use of the Contractor's further service offers. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the customer shall be solely responsible for the technical maintenance and up-to-dateness of the websites after acceptance. The Contractor shall not be liable to the Customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

2.1.1 Guarantee scheme for risk-free project acceptance (pay-on-acceptance model)

The following provisions apply exclusively to the creation of one-page websites and multi-page corporate websites. These provisions do not apply to other services, in particular print design, branding, or other services.

The contract is concluded upon acceptance of the offer by the client. Project work begins upon conclusion of the contract.

For one-page websites, the contractor undertakes to provide a one-pager within 14 days after the project start that is suitable for initial acceptance or review.

Bei mehrseitigen Firmenwebsites verpflichtet sich der Auftragnehmer, innerhalb von 14 Tagen nach Projektstart einen ersten Design-Entwurf (Design-Template) bereitzustellen, der als Grundlage für die weitere Umsetzung dient.

The provision for initial acceptance or review will be expressly communicated in writing by the contractor to the client via email.

The provision after 14 days does not necessarily mean that the project is fully completed in every case.

For one-page websites, the project may be fully completed after 14 days; however, configuration or fine-tuning work may still be required after this point, provided that these are part of the agreed project.

For multi-page corporate websites, it is generally the case that the design draft provided after 14 days will be further developed during the course of the project and used to complete the website in full.

Upon receipt of the contractor’s email regarding the provision of the work, the client has two (2) business days from the following working day to submit one of the following declarations in writing by email or in text form:

• a) Approval of the result and authorisation to continue or complete the project
• b) Rejection of the result and explicit declaration of a project stop.

If no response is received from the client within the specified period of two (2) business days, the work provided shall be deemed approved and accepted on the third (3rd) business day after the contractor’s email has been sent.

Payment is only due after acceptance of the work.

After express or implied acceptance, the contractor will issue an invoice.

The invoice must be paid in full within 14 days of the invoice date without any deductions.

If the client does not like the work provided, no payment obligation arises.

A project stop as well as the termination of the contractual relationship must be expressly declared by the client in writing via email or in text form.

As long as no such declaration of project termination is made, the contract remains in effect.

Upon receipt of the project termination notice, the contract ends free of charge for the client.

In the event of a project termination, the client shall not acquire any rights of use, exploitation, or ownership to the drafts, designs, content, or other interim results created up to that point.

The contractor is entitled to delete or otherwise use all created works, files, and drafts.

For multi-page corporate websites, a further final acceptance usually takes place after the completion of the full website, which must also be provided in writing.

For one-page websites, the acceptance after the 14-day provision may simultaneously constitute the final acceptance, provided that all agreed services have been fully performed.

Rights of use and exploitation of the created works shall transfer to the client only after full payment of the invoice.

Until full payment is made, all rights remain with the contractor.

This is expressly not a money-back guarantee, as no remuneration is due before acceptance.

A financial risk for the client arises exclusively from the time of the initial acceptance and the resulting payment obligation.

2.2 Website and shop creation (requirements and functional specifications)

2.2.1 If the creation of new or the expansion of existing websites/shops or web/shop components (hereinafter "website creation") has been agreed between the contracting parties on the basis of a specification sheet, the order shall be processed in accordance with this clause.

2.2.2 The subject matter of website creation contracts between the Contractor and the Customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the Customer's technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE).

2.2.3 The scope of the services to be provided by the Contractor shall be determined on the one hand by individual contractual agreements between the parties and on the other hand by detailed specifications drawn up by the Customer and the specifications based on these. The Contractor shall check the Customer's ideas described in the specifications to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency. If the Contractor recognises that the specifications contained in the requirements specification are not suitable for the creation of a website, the Contractor shall inform the Customer of this immediately and submit a corresponding proposal for a supplement and/or adaptation of the requirements specification. The Customer shall comment on any proposals made by the Contractor with regard to the specifications in writing or in text form within a reasonable period of time and finally confirm the contents of the specifications to the Contractor in writing or in text form. If there is agreement between the parties regarding the specifications, the contents of the specifications shall become part of the contract.

2.2.4 On the basis of the specifications, the Contractor shall draw up a functional specification which primarily describes the technical and/or creative realisation of the requirements contained in the specifications. Upon completion, the Contractor shall submit the functional specification to the Customer for acceptance. The Customer shall be entitled to reject the specifications drawn up by the Contractor and to notify the Contractor of any change or customisation requests. The Contractor undertakes to submit a maximum of two alternative proposals, taking into account the Customer's wishes. If the Customer does not finally agree with the Contractor's last proposal, the Customer or the Contractor may - if legally possible - terminate the contractual relationship for cause or withdraw from the contract. The fees and/or expenses incurred by the Contractor in connection with the specifications and/or requirements specification shall be appropriately remunerated or reimbursed by the Customer in this case.

2.2.5 If the specifications are accepted by the customer, the services described therein shall be deemed to have been finally agreed between the parties. Any deviation from the contents of the specifications accepted by the customer shall require an express individual agreement between the parties. The Contractor shall not provide any services over and above those described in the specifications accepted by the Customer. Similarly, the Contractor shall not provide any services that are less than those described in the specifications accepted by the Customer. Following acceptance of the specifications by the customer, the contractor shall develop and programme the websites in accordance with the agreed specifications.

2.2.6 The Contractor shall provide the Customer with a schedule and work plan in addition to the specifications. The contents and specifications of this schedule and work plan shall become part of the contract unless the customer objects immediately. The Contractor undertakes to hand over the completed website or parts thereof to the Customer on a suitable data carrier and/or send it by e-mail and/or upload it to a server specified by the Customer by the end date specified in the schedule and work plan. The details of the handover or upload of the finished websites are otherwise the subject of individual contractual agreements between the parties.

2.2.7 A prerequisite for the contractor’s activity is that all data to be provided by the client and required for the implementation of the project (e.g., texts, templates, graphics) and/or system environments are made available to the contractor in a timely manner and in an appropriate form. The contractor shall not be responsible in any way for delays or postponements in the implementation of projects that result from late (necessary) cooperation or contributions by the client.

2.2.8 As soon as the website has been completed, the Contractor shall request the Customer to accept the website. If necessary, a test phase can be agreed before acceptance. If the Customer discovers errors before acceptance or during an agreed test phase, it shall notify the Contractor of these in writing or in text form. The Contractor shall endeavour to correct the errors professionally. For this purpose, the Contractor may provide temporary workarounds.

2.2.9 The verification or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL/TLS) shall only be owed by the Contractor if this has been expressly agreed in the individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements.

2.2.10 Unless otherwise agreed, the created websites are optimized for the browsers Chrome, Safari, Firefox, and Edge in their respective current versions (the last two versions of each browser). Search engine optimization (SEO) is only owed if it has been expressly agreed.

2.2.11 The Contractor is not authorised and not obliged to advise the Customer on competition, consumer, labelling or other legal issues within the meaning of the Legal Services Act. It is therefore the responsibility of the customer to inform himself about the competition, consumer or labelling law provisions applicable to his shop and, if necessary, to have the shop checked by a specialised lawyer.

2.2.12 After completion of the websites and/or individual parts thereof, the Contractor may offer the Customer maintenance and care services in relation to the websites. However, the Contractor is not obliged to make such an offer, nor does the Customer have to make use of the Contractor's further service offers. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the customer shall be solely responsible for the technical maintenance and up-to-dateness of the websites after acceptance. The Contractor shall not be liable to the Customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

2.3 Maintenance and support of websites / shops

2.3.1 After completion of the websites and/or individual parts thereof, the Contractor may offer the Customer maintenance and support services in relation to the websites (hereinafter "Maintenance Contracts"). The Contractor may also offer the maintenance of third-party websites. However, the Contractor is not obliged to make such an offer, nor does the Customer have to make use of the Contractor's more extensive service offers. Corresponding agreements are exclusively the subject of individual agreements.

2.3.2 The content of the maintenance contracts is the elimination of malfunctions and the event-driven updating of the website for common web browsers in their current version. Further services, such as regular maintenance, may be agreed in individual contracts.

2.3.3 The Contractor shall not be liable for malfunctions and incompatibilities caused by unauthorised changes made by the Customer or due to other errors that are not the responsibility of the Contractor; the provisions under "Liability/exemption" shall remain unaffected by this.

2.3.4 Unless otherwise agreed, maintenance shall only include the technical updating of the website, but not the updating of its content. Subject to deviating individual agreements, the Contractor shall in particular not be responsible for updating the legal notice or the privacy policy.

Part 3 - Content creation and design

3.1 Design of print products

3.1.1 The subject matter of design contracts in the print sector between the Contractor and the Client is generally the development of print products in accordance with the Client's design specifications (e.g. design of banners, posters, posters, signs, flyers, roll-ups, vehicle or shop window stickers, textiles or logo designs). Design contracts concluded between the parties are contracts for work within the meaning of Section 631 et seq. BGB (GERMAN CIVIL CODE).

3.1.2 The services agreed in detail result from the individual contract concluded between the Contractor and the Customer. For this purpose, the Customer shall first submit an enquiry to the Contractor with as precise a description as possible of the services it requires. This enquiry constitutes an invitation to the Contractor to submit an offer. The Contractor shall check the Customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and shall prepare an offer on the basis of the wishes arising from the Customer's enquiry. A contract between the Contractor and the Customer shall only come into existence upon acceptance of the offer by the Customer.

3.1.3 After conclusion of the contract, the customer's requirements will be discussed in a further briefing, if necessary, and the specifications concretised. At this point, customer requests can be introduced, provided they are covered by the originally agreed scope of services. If necessary, there is the option of a rebriefing before the service is produced. Adjustments shall become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, the Contractor is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.

3.1.4 Unless otherwise agreed, the customer shall be entitled to two correction loops. Complaints regarding the artistic design are generally excluded after the agreed correction loops have been carried out. If the customer wishes to make further changes, he shall bear the additional costs.

3.1.5 A prerequisite for the Contractor's work is that the Customer provides the Contractor with all data required for the realisation of the project (texts, templates, graphics, etc.) in full and in a suitable form before the start of the order. The Contractor shall not be liable to the Customer in any way for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the Customer. If the Customer fails to fulfil this obligation, the Contractor may invoice the Customer for the resulting time expenditure.

3.1.6 Unless otherwise contractually agreed and not otherwise to be expected from the purpose of the contract, the Contractor shall only owe the delivery of a standard print file (e.g. PDF, JPG or PNG) in addition to the contractually agreed service items when creating print products. The customer is not entitled to receive an editable file (e.g. open files from graphics programmes).

3.2 Processing of print orders

3.2.1 The Contractor offers the Customer the processing of orders for the creation of print products (flyers, brochures, posters, catalogues, etc.). The Contractor shall perform all agreed actions for this purpose, e.g. communication with the respective service provider carrying out the printing (print service provider). Depending on the agreement, the contractor offers the services as a direct transaction or as an intermediary transaction.

3.2.2 If the parties agree on a direct transaction, the Contractor shall print the ordered print products itself or commission a print service provider in its own name and for its own account. In this case, the Customer's contractual partner is exclusively the Contractor. No contractual relationship is established between the customer and the print service provider. The contractor shall invoice the customer directly for the print products. The Customer shall accept the print products from the Contractor.

3.2.3 If the parties agree on a brokerage transaction, the Contractor shall conclude the contract for the creation of the print products with the print service provider in the name and for the account of the Customer or shall broker such a contract. The Contractor shall act purely as an intermediary vis-à-vis the print service provider. The contractual relationship arises solely between the customer and the print service provider. The Contractor is not involved in this contract. The Contractor shall inform the Customer of all essential steps and shall coordinate the details of the content and conclusion of the contract (in particular the type, prices and quantities) with the Customer and shall be bound by the Customer's instructions. The respective price and/or business conditions of the print service provider shall apply. The customer shall pay for the services directly to the print service provider. The print products shall be accepted by the print service provider. It is the responsibility of the customer to check that the finished print products are free of defects. The Contractor shall not be liable for the contractual production of the print products by the print service provider, in particular not for their content, stock, quality and/or condition. In the event of a dispute, the Contractor shall provide the Customer with all necessary information, insofar as this is legally permissible. The Contractor shall not be obliged to provide any further support for the assertion of warranty claims for defects or other claims. The provisions under "Liability/exemption" remain unaffected by this.

3.2.4 The customer is obliged to carefully check the print data to be transmitted for content and technical correctness and completeness before transmitting it to the print service provider. Unless otherwise agreed, the Contractor shall not check the print data for content or technical accuracy. The print products ordered shall only be printed once the customer has issued the final print approval.

3.2.5 If a specific transmission format is required (e.g. PDF, InDesign), the customer shall transmit the print data in this format.

3.3 Creation of texts / copywriting

3.3.1 The Contractor shall create texts for the Client (e.g. press releases, articles for websites, advertising copy, etc.). The content of these texts shall be specified in individual contracts.

3.3.2 As soon as the agreed texts have been completed, the Contractor shall send them to the Client for approval and acceptance. Unless otherwise agreed, the customer shall be entitled to two correction loops. Complaints regarding the stylistic design or the integration of new information into the text are generally excluded after the second revision loop. If the customer wishes to make further changes, he must bear the additional costs.

3.3.3 If the Contractor has been commissioned with the publication, the texts shall only be published after approval by the Client, unless otherwise agreed; the approval shall also constitute acceptance of the texts. In the case of press releases, a distribution date on which these are to be transmitted to the media shall also be specified after approval has been given. If the customer is to publish or publicise the texts himself, he must approve the texts in advance. If the customer publishes the texts prior to acceptance, publication shall be deemed acceptance.

3.3.4 The Contractor shall be liable for defects discovered after release/acceptance exclusively in accordance with the provisions under the heading "Liability/exemption".

3.4 Design and conception of graphics and logos (designs)

3.4.1 The Contractor shall undertake the conception and design of graphics and/or logos (hereinafter referred to as "designs") by agreement with the Customer.

3.4.2 For this purpose, the client initially submits a request to the contractor with as detailed a description as possible of the desired designs. This request constitutes an invitation for the contractor to submit an offer. The contractor will review the ideas described in the request to the best of their knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to third-party rights), clarity, feasibility, and absence of contradictions, and will prepare an offer based on the wishes arising from the client’s request. A contract between the contractor and the client is only concluded upon the client’s acceptance of the offer.

3.4.3 A prerequisite for the contractor’s activity is that the client provides all data required for the implementation of the project (e.g., color definitions, etc.) to the contractor in full and in an appropriate form before the start of the assignment. If the client fails to comply with this obligation, the contractor may charge the client for the time incurred as a result.

3.4.4 Unless otherwise agreed, the customer shall be entitled to two correction loops for each individual design. After these correction loops have been carried out, requests for adjustments and complaints (in particular with regard to the artistic design) will no longer be taken into account. If the customer wishes to make further changes after the agreed correction loops have been carried out, the contractor can provide these to the customer for an additional fee to be agreed.

3.4.5 As soon as the agreed design has been completed, the Contractor shall request the Customer to accept the work. The designs shall be sent to the customer in a standard file format.

3.4.6 The Contractor shall grant the Customer the rights of use to the designs required for the respective purpose. Unless otherwise agreed, an exclusive right of use shall be granted for the creation of logos, unlimited in terms of time, place and content; however, individual graphic elements of the logos may be used for the creation of other works as long as there is no risk of confusion with the logo created. Subject to deviating individual agreements, a simple right of use is granted for all other designs. Any transfer of the rights of use by the customer to third parties requires an individual contractual agreement with the contractor. The designs presented within the correction loop may not be used, reproduced or passed on to third parties by the customer, either in the original or modified form, without the express consent of the contractor.

3.4.7 The rights of use shall not pass to the customer until the remuneration has been paid in full.

Part 4 - Marketing

4.1 SEO marketing

The contractor offers the client, among other things, services in the field of SEO marketing. Within the scope of service provision, the contractor owes exclusively the implementation of measures which, based on the contractor’s experience, may positively influence search engine rankings or which are expressly instructed by the client. This constitutes a service within the meaning of Sections 611 et seq. of the German Civil Code (BGB). A specific result (e.g., a particular ranking in search engine results) is only owed within the scope of SEO services if it has been expressly guaranteed.

4.2 SEA campaigns

The contractor offers the client services in the field of SEA campaigns. Within the scope of service provision, the contractor is responsible solely for submitting proposals regarding advertising-effective keywords and, after the client’s approval, for implementing the measures (placement of advertisements). These are services within the meaning of Sections 611 et seq. of the German Civil Code (BGB). A specific result (e.g., sales figures) is not owed within the scope of SEA services unless expressly guaranteed. The contractor is not obliged to verify the legality of keywords. The contractor submits proposals to the client regarding the booking of keywords. The legal review, in particular with regard to third-party trademark rights and approval of the keywords, is the responsibility of the client prior to the execution of the campaign. The agreed fee for the services described herein does not include the costs for placing paid advertisements; unless otherwise agreed, these costs shall be borne by the client.

4.3 Placement of adverts

4.3.1 The Contractor shall support the Customer with ad placements in social media portals, search engines and other media ("Ads").

4.3.2 The Contractor shall advise the Customer on how to organise its advertisements so that they have the highest possible visibility. Specific results (e.g. sales figures, leads) are not owed.

4.3.3 The contractor shall also support the customer in the conceptualisation of the texts and images for the advertisements. However, the selection of content for the adverts (images, texts, videos, imprints, etc.) is the sole responsibility of the customer. The Contractor shall not check the content or legal accuracy of these contents or the adverts as a whole. In this respect, it is expressly pointed out that the contractor is not authorised to provide the customer with legal advice. Should the Contractor nevertheless determine in individual cases that the content provided by the Customer and/or the advertisements violate applicable law, the Contractor may refuse to post such content or create the advertisements.

4.3.4 All content must be approved by the customer and is then uploaded to the respective advertising channels by the contractor, whereby the contractor is only responsible for the technical uploading of the content and is only responsible for this; the provisions under "Liability/exemption" remain unaffected.

4.3.5 The fee agreed for the services described above does not include the costs for the placement of chargeable advertisements; unless otherwise agreed, these costs shall be borne by the customer.

Part 5 - Other provisions

5.1 Prices and remuneration

The remuneration for the contractor's services is the subject of an individual contractual agreement between the parties and is generally based on the offer.

5.2 Acceptance

If a work performance has been agreed, the Contractor shall request acceptance from the Customer. The acceptance period within the meaning of Section 640 (2) sentence 1 BGB shall be set at 2 weeks from the request for acceptance, unless a different acceptance period is required in individual cases due to special circumstances, in which case the Contractor shall inform the Customer of this separately. If the customer does not respond within this period or does not refuse acceptance due to a defect, the work shall be deemed to have been accepted.

5.3 Warranty for defects

An insignificant defect shall not justify any claims for defects. The choice of the type of subsequent fulfilment lies with the contractor. The limitation period for defects and other claims shall be one (1) year; this shortening of the limitation period shall not apply to claims resulting from intent, gross negligence or injury to life, limb or health by the Contractor. The limitation period shall not recommence if subsequent fulfilment takes place within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.

5.4 Granting of rights, self-promotion and right of mention

5.4.1 The Contractor shall grant the Customer - after full payment of the order by the Customer - a simple, non-transferable right of use to the corresponding work results. Further rights may be agreed in individual contracts.

5.4.2 Unless otherwise agreed, the Customer expressly authorises the Contractor to present the project to the public in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, the Contractor shall be authorised to advertise the business relationship with the Customer and to refer to itself as the author on all advertising material produced and in all advertising measures, without the Customer being entitled to any remuneration for this.

5.4.3 Furthermore, the Contractor shall be entitled to place its own name, with a link, in an appropriate manner in the footer and in the legal notice of the website(s) created by the Contractor, without the Customer being entitled to any remuneration for this.

5.5 Confidentiality

The Contractor shall treat all business transactions of which it becomes aware, in particular, but not exclusively, print documents, layouts, storyboards, figures, drawings, tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products and such other documents containing films and/or radio plays and/or other copyrighted materials of the Client or its affiliated companies, as strictly confidential. The Contractor undertakes to impose this confidentiality obligation on all employees and/or third parties (e.g. suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business transactions. The confidentiality obligation shall apply indefinitely beyond the term of this contract.

5.6 Liability/exemption

5.6.1 The Contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability, such as under the Product Liability Act. If the Contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless liability is unlimited in accordance with the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely. Any further liability of the Contractor is excluded. The above liability provisions also apply with regard to the Contractor's liability for its vicarious agents and legal representatives.

5.6.2 The Customer shall indemnify the Contractor against any third-party claims asserted against the Contractor due to violations of these GTC or applicable law by the Customer.

5.7 Final provisions

5.7.1 The contracts concluded between the Contractor and the Customer shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5.7.2 If the Customer is a merchant, a 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 shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.

5.7.3 The Contractor is authorised to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. If he objects, the changes shall not come into force; in this case, the Contractor shall be entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment to these GTC shall refer to the deadline and the consequences of an objection or failure to object.