1. scope of application
These General Terms and Conditions (GTC) apply to all contracts, deliveries and services between supaCGI GmbH (hereinafter "supaCGI") and its clients (hereinafter "Client") in the field of the creation of computer-generated images (CGI), 3D animations and related services.
2. conclusion of contract
A contract shall come into existence upon written order confirmation by supaCGI. A delivery, partial delivery, invoicing or the obvious start of the project replaces the order confirmation. Collateral agreements and amendments must be made in writing.
3. benefits and obligations to cooperate
supaCGI provides creative and technical services for the visualization of products, concepts and architecture. The specific scope of services is set out in the respective offer or project description. Stated completion and delivery dates are non-binding. The contractor is entitled to make partial deliveries and render partial services at any time.
The customer undertakes to provide supaCGI with all information, data and materials necessary for the fulfillment of the order in good time. If he delays this, the agreed deadlines shall be extended by the duration of the hindrance plus a reasonable start-up time for the resumption of work.
4. reservation of title
All images, animations, raw data and other work results created by supaCGI as part of a customer order shall remain the property of supaCGI until full payment of all outstanding claims arising from the respective contract.
The customer is not permitted to use or pass on the services provided until full payment has been received.
5. rights of use
Upon full payment of the agreed remuneration, the customer shall receive the non-exclusive, temporally and spatially unrestricted right of use to the images, animations and other works created by supaCGI.
A transfer of these rights of use to third parties is only permitted with the express consent of supaCGI.
supaCGI shall remain entitled to use the created works for its own advertising purposes (e.g. for the purpose of advertising, for example, for the purpose of the customer's own advertising).(e.g. in the portfolio, on the website, in social media), unless otherwise agreed.
6. data archiving
supaCGI is not obliged to store or archive the data created during the project (e.g.3D models,scene files, textures, project files) beyond the duration of the project. Longer-term data backup shall only take place if archiving services have been expressly agreed in writing and can be remunerated separately.
supaCGI reserves the right, however, to store project-related data internally for a limited period of time, for example for quality assurance or for project-related queries. In such a case, supaCGI undertakes to treat all archived data in compliance with the applicable data protection regulations and not to make it accessible to third parties without the customer's consent.
7. acceptance and defects
If acceptance is provided for by law or contractually agreed, the customer must inspect and approve the service provided within 7 working days of delivery. If no response is received within this period, the service shall be deemed to have been accepted.
Any defects must be reported to supaCGI in writing without delay. In the event of justified complaints, supaCGI has the right to rectify the defect.
8. liability
supaCGI is only liable for damages caused by gross negligence or intent. No liability is assumed for indirect damages or loss of profit.
Liability is limited to the order value, insofar as legally permissible.
9. final provisions
The place of performance and jurisdiction is the Osnabrück Local Court if the customer is a merchant or a legal entity under public law.
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.