(1) The following General Terms and Conditions (GTC) of Cédric Dourin (hereinafter: CD) apply to all contracts concluded with CD.

(2) Deviating terms and conditions of the contracting party are non-binding unless expressly accepted in writing by CD.

(3) Contracts can be concluded in writing, but also verbally (e.g., by phone, video call, etc.) and in text form.

(1) Cédric Dourin provides services and consulting in media production and marketing measures. This includes the conceptualization, design, and execution of advertising campaigns and the creation of video, audio, and image productions.

(2) CD provides services and consulting that he or third parties commissioned by him carry out to the best of their knowledge and belief, but does not owe the client a specific result unless explicitly agreed otherwise. A target defined in the contract serves merely as a guideline.

(3) In some cases, CD relies on the client's cooperation. If the client fails to cooperate or does not fulfill it completely and/or in a timely manner, CD's claim for compensation remains unaffected.

(4) Third parties such as Facebook, Instagram, Google, etc. are entitled to stop/pause advertising campaigns without providing reasons. CD has no influence on this but will adhere to all third-party guidelines to the best of his knowledge and belief. If a campaign is interrupted, the claim for compensation remains unaffected.

(5) The same applies if the client wishes to pause the campaign.

(6) Costs for third parties, such as advertising costs necessary for the fulfillment of the contract, are to be paid separately by the client and are not part of CD's compensation.

(7) The client bears the expenses incurred for the fulfillment of the order. Licensing fees for purchased media are borne by the client, as well as travel costs. These include, in particular, accommodation costs at a place of CD's choice, car travel (0.30€ per kilometer), business class flight tickets, first-class train journeys, and other costs related to the order such as taxi fares, parking fees, etc.

(8) CD will perform the service with appropriate care. However, CD is also entitled to commission third parties for the provision of services.

(1) In the case of ongoing support or support tied to a specific duration, the project is considered completed after the agreed duration expires.

(2) Furthermore, a project is considered completed in the event of early termination according to §8 Early Termination.

(3) One-time services, which are project-based and not tied to a specific contractually agreed duration, end as soon as (a) the agreed goals have been achieved, (b) the service provided has been accepted by the client according to §6, or (c) the contractually agreed advertising budget necessary for fulfilling the contract has been exhausted and the client does not provide further advertising budget despite the contractor’s recommendation.

(1) CD's services are protected by copyright. The following rules also apply if this is not the case.

(2) The client receives, unless agreed otherwise in writing, a simple and non-transferable usage right for the duration of the contract for the media, concepts, scripts, advertising campaigns, and other services created by CD.

(3) Usage rights are only transferred to the contracting party upon full payment.

(4) The right to modify or edit is not granted unless agreed otherwise. The contracting party is not entitled to use parts of works separately or in any manner other than agreed.

(5) Raw data and drafts are neither handed over nor are usage rights granted for them unless agreed otherwise.

(6) The contracting party is not entitled to grant sublicenses unless agreed otherwise. This also applies to the use within a corporate group.

(7) In the event of a violation of the agreed usage rights, CD reserves the right to take legal action against the client and to settle the usage rights accordingly.

(1) CD is not obligated to return originals, negatives, master tapes, source codes, or similar items to the contracting party unless expressly agreed otherwise.

(2) Unless agreed otherwise, the contracting party must return the originals provided to them immediately after use. The contracting party must return these at their own cost and risk in industry-standard packaging.

(3) CD has no special obligation to archive the originals of provided copies. Draft materials do not need to be retained.

If CD provides a deliverable, the contracting party is obliged to review it within 5 working days of delivery for its functions and freedom from defects. If no acceptance inspection is carried out within this period, the work is deemed accepted. The work is also considered accepted if the contracting party uses the delivered service without raising objections.

In the presence of defects, CD is entitled to make corrections twice within an agreed period. The time required is to be compensated separately by the client.

(1) Agreed prices are plus the applicable statutory VAT. The creation of reproductions of the products is to be separately compensated unless agreed otherwise.

(2) Invoices are due for payment within seven days from the invoice date without deduction unless agreed otherwise. In case of late payment, default interest according to § 288 BGB will be charged. Further claims remain reserved.

(3) The contracting party is only entitled to offset claims if their counterclaims are legally established, undisputed, or recognized by CD.

(4) Deadlines for the provision of services only begin with full settlement of the invoice amount and the receipt of the necessary data for the provision of the service by CD.

(5) If the client is in default of payment, CD reserves the right not to provide further services until the outstanding items are settled.

(6) If the client is in default of two or more invoices, CD has the right to terminate the contract early and cease providing services.

(1) The contract has the minimum term agreed upon by both parties.

(2) Early/ free termination rights of the client within the contract term are excluded.

(3) In the event of behavior by the client that is damaging to business or image, the contract can be terminated immediately by the contractor. The mere suspicion that an action by the client could lead to business or image damage is sufficient.

(4) If early termination is agreed, both due to the reasons mentioned in §7 Abs. 3 and by mutual agreement of both parties, a compensation for the effort, possibly reduced, will be due. Ordered services and necessary third-party costs must always be reimbursed.

(5) All usage rights remain with CD in the event of early termination.

The contracting party must promptly review the performance and billing. Obvious defects must be reported in writing to CD immediately. Defects that cannot be immediately discovered even with careful examination must be reported to CD in writing and specified as soon as they are discovered.

(1) CD is neither authorized nor obligated to provide legal advice. The client is responsible for the end product. They must check before using designs whether these might potentially violate norms or laws in their industry, including criminal, youth protection, copyright, trademark, personality, competition, data protection law, or other laws. In designing logos or names, the client must clarify any conflicting foreign trademark, title, or name rights themselves. A review by a legal expert is recommended.

(2) If the contracting party provides CD with content or specifications regarding the design of the elements to be created, they must indemnify CD from any resulting damages (particularly in cases where the client failed to clarify copyright and license rights).

(3) If the contracting party provides content in electronic form that is infected with harmful programs (e.g., computer viruses), they are liable for resulting damages.

(4) The client indemnifies CD from any claims by third parties.

Claims for damages against CD are excluded unless there is intentional or grossly negligent behavior, a breach of a material contractual obligation, or harm to a person's body or health. The same applies to claims for indirect or consequential damages. Liability is limited to the foreseeable and typical damage at the time of the contract conclusion. Liability under the ProdHG remains unaffected.

(1) CD will treat all trade secrets of the contracting party that become accessible in the course of the contract relationship as confidential.

(2) If CD commissions a subcontractor with providing part of the service in individual cases, CD will pass on this obligation.

(1) CD is to be named as the author or producer in the products and advertising materials created by CD in an appropriate and usual form, unless agreed otherwise or CD explicitly refuses. The refusal can also be declared at a later time.

(2) CD is entitled to name the client as a reference client in its advertising materials, unless agreed otherwise, even beyond the contract term.

(3) Withdrawal of this entitlement is only permitted if there is a valid reason.

Legally significant declarations to CD and contract amendments must be in writing.

Should any provision of these terms be invalid, the validity of the remaining provisions shall remain unaffected.

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