for the provision of services by USC STUDIO GmbH, Lindenstraße 32, 50674 Cologne, E-mail: support@urban-studios-cologne.com (hereinafter "Contractor") to its customers (hereinafter "Client")
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.
1.2 Insofar as other contractual documents or other terms and conditions 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 conflict.
1.3 The Contractor does not recognize any GTC used by the Client that deviate from these terms and conditions, unless expressly agreed to.
2.1 The Contractor, as an independent entrepreneur, provides the following services to the Client:
Studio Rental
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and conscientiousness in accordance with the latest standards, rules, and knowledge.
2.4 The Contractor is obligated to provide the services owed under the contract. However, in the performance of his duties, he is not subject to any instructions regarding the manner of providing his services, the place of performance, or the time of performance. He will, however, determine the working days and the timing on these days in such a way that optimal efficiency in his activities and in the realization of the subject of the contract is achieved. The provision of services by the Contractor shall only take place in coordination and cooperation with the Client.
It is the Client's responsibility to provide the information, data, and other content required for the purpose of fulfilling the service completely and correctly. The Contractor is in no way responsible to the Client for delays and postponements in the provision of services that arise from a delayed and necessary cooperation or contribution by the customer; the provisions under the heading "Liability / Indemnification" remain unaffected by this.
4.1 The remuneration shall be agreed upon by individual contract.
4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is measured in periods of time, it is to be paid at the end of each period (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled to bill for the services rendered on a monthly basis, unless otherwise agreed.
4.3 The Contractor shall issue an invoice to the Client by post or by e-mail (e.g., as a PDF) after the services have been rendered. The remuneration is due for payment within 14 days of receipt of the invoice.
5.1 The Contractor is liable without limitation for any legal reason in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, on the basis of a guarantee promise, unless otherwise regulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for 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 fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. In all other respects, liability of the Contractor is excluded. The above liability regulations also apply with regard to the liability of the Contractor for his vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties which are asserted against the Contractor due to violations by the customer of these contractual conditions or of applicable law.
6.1 The duration of the contract and the periods for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate without notice for good cause remains unaffected.
6.3 The Contractor shall, at the Client's option, immediately return or destroy all documents and other content provided to him after the termination of the contract. The assertion of a right of retention thereto is excluded. Electronic data must be completely deleted. Excluded from this are documents and data for which a longer statutory retention period exists, but only until the end of the respective retention period. The Contractor must confirm the deletion to the company in writing upon request.
7.1 The Contractor shall treat all matters that come to his knowledge in connection with the order with strict confidentiality. The Contractor undertakes to impose the obligation of secrecy on all employees and/or third parties who have access to the information subject to the contract. The obligation of secrecy shall apply for an unlimited period beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations when carrying out the order - in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the CISG.
8.2 Should a provision of these GTC be or become invalid, the validity of the GTC as a whole shall not be affected thereby.
8.3 The Client shall support the Contractor in the provision of his contractual services through appropriate acts of cooperation, as far as necessary. In particular, the Client will provide the Contractor with the information and data necessary for the fulfillment of the order.
8.4 If the Client 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 registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legal situation, market conditions, or business or corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by e-mail at least two weeks before the amendment comes into force. If the existing customer does not object within the period specified in the notification of change, his consent to the change shall be deemed to have been given. If he objects, the changes will not come into force; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment of these GTC will refer to the period and the consequences of the objection or its absence.
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
Our e-mail address can be found in the heading of these GTC.
