General Terms and Conditions (AGB) – DVBeta
1. Scope of Application
1.1 These General Terms and Conditions (AGB) apply to all business relationships between DVBeta ("Provider") and its customers ("Customer"), covering digital media, marketing, consulting, design, software development, event management, e-commerce, and related services. 1.2 These terms apply unless explicitly modified in a written agreement. 1.3 Any differing customer terms shall not be recognized unless explicitly agreed in writing by DVBeta.
2. Services and Contract Formation
2.1 DVBeta offers various services as described on its website and business documentation. Service descriptions are non-binding and subject to change. 2.2 A legally binding contract is formed when DVBeta confirms the order in writing. 2.3 Any additional changes requested by the Customer post-confirmation may result in additional costs and revised deadlines.
3. Prices, Payment, and Billing
3.1 All prices are in EUR (€) and may include or exclude VAT as per legal requirements. 3.2 Payment terms are detailed in individual contracts or invoices. 3.3 Late payments will result in statutory interest charges and potential service suspension. 3.4 DVBeta reserves the right to refuse or discontinue services until outstanding payments are cleared. 3.5 Customers are responsible for covering all banking or transaction fees associated with payments.
4. Customer Responsibilities
4.1 The Customer must provide all necessary content, materials, and approvals required for service execution. 4.2 Any delay in providing materials may impact project timelines, without liability on DVBeta’s part. 4.3 The Customer warrants that submitted content is free from third-party rights and does not infringe any legal provisions.
5. Intellectual Property and Rights of Use
5.1 DVBeta retains full intellectual property rights to all delivered services until full payment has been received. 5.2 After payment, the Customer is granted a non-exclusive, non-transferable right to use the provided work for its intended purpose. 5.3 Unauthorized reproduction, resale, or modification of DVBeta’s work without explicit permission is strictly prohibited.
6. Service Delivery and Deadlines
6.1 Deadlines for service completion are estimates and may be affected by unforeseen circumstances. 6.2 DVBeta is not liable for delays caused by force majeure, third-party suppliers, or Customer requests. 6.3 Additional work outside the original contract scope will be subject to additional charges and revised timelines.
7. Refund and Cancellation Policy
7.1 Digital and consulting services are generally non-refundable once delivered. 7.2 Customers must submit cancellation requests in writing. Refunds, if applicable, are assessed case-by-case. 7.3 If a project is canceled after partial completion, DVBeta reserves the right to charge for completed work.
8. Warranty and Liability
8.1 DVBeta is only liable for intentional or gross negligence. Minor negligence liability is excluded. 8.2 DVBeta does not guarantee specific business outcomes from its services. 8.3 The Customer must review and approve all delivered work before public use. Complaints must be raised within 7 days of delivery.
9. Confidentiality and Data Protection
9.1 Both parties agree to maintain confidentiality regarding all business-related information. 9.2 DVBeta processes personal data in compliance with GDPR (General Data Protection Regulation). 9.3 Customer data is not shared with third parties unless required for service delivery or legal obligations.
10. Contract Termination
10.1 Contracts can be terminated by either party in cases of significant breach of agreement. 10.2 DVBeta reserves the right to terminate contracts without liability in cases of non-payment, violation of these terms, or legal infractions.
11. Dispute Resolution and Jurisdiction
11.1 These terms are governed by German law. 11.2 The exclusive jurisdiction for disputes is Essen, Germany.
12. Online Payments and Transactions
12.1 DVBeta complies with EU Payment Services Directive (PSD2) and other relevant online payment regulations. 12.2 Payments are processed via PCI-DSS compliant third-party payment providers. 12.3 Fraudulent chargebacks or unauthorized disputes will be legally contested.
13. Service-Specific Terms
13.1 Marketing & Consulting: DVBeta does not guarantee traffic, sales, or specific business results. 13.2 Web & Software Development: Any bugs or security flaws must be reported within 30 days of delivery for rectification. 13.3 Event Management: DVBeta is not liable for venue cancellations, third-party failures, or force majeure events.
14. Force Majeure
14.1 DVBeta is not responsible for service disruptions due to natural disasters, cyberattacks, governmental actions, or unforeseen industry disruptions. 14.2 In such cases, service commitments may be postponed or canceled without liability.
15. Compliance with International Regulations
15.1 Customers must ensure their use of DVBeta’s services does not violate local, EU, or international laws. 15.2 Services cannot be used for unlawful, defamatory, or fraudulent activities.
16. Limitation of Liability
16.1 DVBeta’s total liability is limited to the amount paid by the Customer for the respective service. 16.2 Indirect damages, consequential losses, or third-party claims are explicitly excluded from liability.
17. Amendments and Final Provisions
17.1 DVBeta reserves the right to modify these terms at any time. Customers will be notified of significant changes. 17.2 Any amendments must be agreed upon in writing. 17.3 If any provision is deemed invalid, the remaining provisions shall remain unaffected.
For legal inquiries, contact: legal@dvbeta.com