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Contact and Adress

Kieweg und Freiermuth
Werbeagentur GmbH
Inselgasse 6a
D-78462 Konstanz

Phone +49 7531 12888-0
Fax +49 7531 12888-12

Mail to Kieweg und Freiermuth

Managmenrt: 
Peter Kieweg

Handelsregister Freiburg B 702179
Umsatzsteuer ID DE 257940700
Steuer Nr. 09048/01500

Switzerland
Hauptstrasse 26
8273 Triboltingen

 

Imprint, Disclaimer, Copyright

Publisher of this site

Kieweg und Freiermuth Werbeagentur GmbH

Inselgasse 6a

78462 Konstanz

Responsible according to § 6 TDG is Peter Kieweg



Tel: +49 (0) 7531 12888-0

Fax: +49 (0) 7531 12888-12

Mail: info(at)kuf.com



VAT ID No.: DE 257940700

Tax No.: 224/60733



Commercial Register B, Local Court Freiburg

HRB 702179


Liability for Contents


The contents of our pages were created with the greatest care. However, we cannot guarantee the accuracy, completeness and timeliness of the content.



As a service provider, we are responsible for our own content on these pages in accordance with § 6 para.1 MDStV and § 8 para.1 TDG under the general laws. However, service providers are not obliged to monitor third-party information transmitted or stored by them or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to the general laws remain unaffected. However, liability in this regard is only possible from the time of knowledge of a concrete infringement. If we become aware of any such infringements, we will remove the relevant content immediately.



 

Liability for Links


Our service contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.


Copyright


The operators of the pages always aim to respect the copyrights of others or to use their own works or works in the public domain. The contents and works created by the site operators on these pages are subject to German copyright law. Contributions of third parties are marked as such. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads, copies, prints, screenshots, etc. of this site are only permitted for private, non-commercial use, with the exception of the photo and text files specifically identified in the download areas, which are made available for editorial purposes.



Data Protection 


As far as on our sides personal data (such as name, address or e-mail addresses) are collected, this is as far as possible on a voluntary basis. The use of the offers and services is as far as possible without giving personal data.
The use of contact data published within the framework of the imprint obligation by third parties for the purpose of sending advertising and information material not expressly requested is hereby expressly prohibited. The operators of the pages expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam mails.

Privacy policy for the use of Facebook plugins (Like button ) Plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated on our pages. You can recognize the Facebook plugins by the Facebook logo or the "Like button" ("Like") on our page. You can find an overview of the Facebook plugins here: http://developers.facebook.com/docs/plugins

When you visit our pages, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited our site with your IP address. If you click the Facebook "Like" button while logged into your Facebook account, you can link the content of our pages on your Facebook profile. This allows Facebook to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Facebook. For more information, please refer to Facebook's privacy policy at http://de-de.facebook.com/policy.php

If you do not want Facebook to be able to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

Google Analytics Privacy Policy


This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google") Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.



Translated excerpt from the
Google Analytics Terms and Conditions (Section 8, Privacy Policy)

Usage of Facebook Remarketing

This website uses the remarketing function "Custom Audiences" of Facebook Inc. ("Facebook"). This function is used to present   interest-based advertisements("Facebook Ads") to visitors of this website while visiting the social network Facebook. For this purpose, the remarketing tag of Facebook has been implemented on this website. Via this tag, a direct connection to the Facebook servers is established when visiting the website. In doing so, it is transmitted to the Facebook server that you have visited this website and Facebook assigns this information to your personal Facebook user account. For more information on the collection and use of data by Facebook, as well as your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy at https://www.facebook.com/about/privacy/. Alternatively, you can deactivate the remarketing function "Custom Audiences" at https://www.facebook.com/settings/?tab=ads#_=_ . To do this, you must be logged in to Facebook.

 

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Artists' Social Security Fund

Since the beginning of 2009 we are a limited liability company. We made this change not least to save money for our customers. As a GmbH, our services for our customers are no longer subject to artists' social security contributions. This is because every company that regularly commissions and utilizes artistic services (which also includes the activities of advertising agencies) must, generally, pay a levy of 3.9% on the fees paid to the artists' social insurance fund.

You can find more information here

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General Terms and Conditions

Kieweg und Freiermuth Werbeagentur GmbH

1. Validity

1.1 The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business transactions of Kieweg und Freiermuth Werbeagentur GmbH, Inselgasse 6a, 78462 Konstanz (hereinafter referred to as "KuF GmbH"). The contractual partner is hereinafter referred to as the Customer.

1.2 Any provisions deviating from or supplementing these GTC - in particular the customer's general terms and conditions of business or purchase - shall only become part of the contract if this has been expressly confirmed in writing by KuF GmbH.

1.3 The customer will be notified of any amendments to these GTC in writing or by electronic means (e.g. e-mail). Amendments can be made at any time and become legally valid for all current business relations with the customer four weeks after notification, unless the customer objects in writing to the validity of the amended GTC within this period (implied consent).

 

2. Offer, Estimate, Conclusion of Contract

2.1 Quotations from KuF GmbH are subject to change without notice, unless they are explicitly designated as binding. The basis for the preparation of the offer or cost estimate is the documentation, information and tools provided by the customer. This also includes practice-oriented test data as well as test possibilities in sufficient extent, which the customer provides during the usual business hours/working hours and at his own expense.

2.2 The customer shall check the offer for correctness and completeness and provide a note of acceptance. The contract is concluded by acceptance of the order/order placement by KuF GmbH, either by sending an informal confirmation letter or an order confirmation from KuF GmbH by e-mail, fax or post.

2.3 The quotation or cost estimate is prepared by KuF GmbH to the best of its knowledge, but no guarantee can be given for its correctness. Should costs increase by more than 15% after the order/contract has been placed, KuF GmbH will inform the customer immediately. If these are unavoidable costs of an increase up to 15 %, a separate notification is not required and these costs can be invoiced without further notice. Unless otherwise agreed, order changes or additional orders can be invoiced at appropriate prices.

 

3. Prices, Terms of Payment, Retention of Title

3.1 Unless otherwise stated, all prices are net hourly prices in Euro excluding the statutory value added tax and excluding all costs and expenses incurred in connection with shipment or installation.

3.2 Services, including training and familiarization of the customer's employees, shall be charged by KuF GmbH at the service rates applicable on the day the service is rendered on a time basis and shall be rendered during normal business hours/working hours.

3.3 Unless otherwise agreed, travel costs/expenses and out-of-pocket expenses incurred in connection with the execution of the order or provision of the service will be charged to the customer in addition to the agreed price. Travel times are considered working time. For travel by car 0.50 € per km driven, for train journeys and for expenses, fees and expenses (e.g. for image rights, license fees, etc.) costs are incurred in the amount actually incurred.

3.4 For software components supplied by third parties, the list prices valid on the day of delivery apply.

3.5 KuF GmbH is entitled to demand an appropriate down payment depending on the progress of the project.

3.6 If an order cannot be processed due to circumstances for which the customer is responsible, KuF GmbH is also entitled to issue partial invoices.

3.7 Partial invoices are always permissible for partial deliveries.

3.8 If the customer makes use of his right to terminate the contract according to § 649 BGB (German Civil Code), KuF GmbH may, in addition to the services rendered and costs incurred, demand 5% of the remuneration attributable to the part of the work performance not yet rendered, unless KuF GmbH proves a higher amount or the customer proves a lower amount.

3.9 Payments are due without deductions or charges 14 days after receipt of the invoice. Invoices are sent by e-mail without digital signature. Upon request of the customer, invoices shall be sent by post.

3.10 The default interest rate for the year shall be five percentage points above the base interest rate. In the case of legal transactions in which a consumer is not involved, the interest rate for claims for payment shall be eight percentage points above the base interest rate. In the event of a delay in payment, the customer is obliged to reimburse KuF GmbH for all reminder and collection fees incurred by KuF GmbH as a result of this delay in payment and which are necessary for appropriate legal action. KuF GmbH reserves the right to claim higher damages for default.

3.11 In case of agreement of partial payments, default occurs if even only one partial payment is not made on time or not in the full amount. Upon the occurrence of default in payment, the entire outstanding balance becomes due for payment immediately. In the event of default, KuF GmbH has the right to retain goods subject to retention of title (computer programs, etc.) and to temporarily suspend ongoing work until the entire claim, including incidental costs, has been settled in full. The right of KuF GmbH to withdraw from the contract in case of default of payment remains unaffected.

 

4. Delivery and Acceptance

4.1 The customer is obliged to accept the deliveries and services provided by KuF GmbH.

4.2 The deliveries and services of KuF GmbH are always divisible (project milestones).

4.3 If installation services of individually created computer programs or program adaptations have been agreed, the service shall be deemed to have been accepted at the earliest of the following times: when the acceptance is confirmed by the customer by means of an acceptance report; when the installed delivery or service has been put into operation at the customer's or his end customer's premises (this also applies to online solutions); or at the latest 2 weeks after the installation has been completed.

4.4 If the customer discovers significant defects after acceptance, he is entitled to have these remedied by KuF GmbH within the scope of the warranty pursuant to clause 9. KuF GmbH will endeavor to remedy defects as quickly as possible, although a defined remedy time is not guaranteed. The customer is not entitled to refuse acceptance of services or deliveries due to insignificant defects.

4.5 Force majeure, strikes, natural disasters and transport blockades as well as other circumstances beyond the control of KuF GmbH shall release KuF GmbH from its delivery obligation or allow it to reschedule the agreed delivery period.

4.6 KuF GmbH reserves the right to the computer programs, goods and all other documents provided to the customer as well as the granting of non-exclusive rights of use until the agreed purchase price has been paid in full.

 

5. Place of Fulfillment, Risk Transfer

5.1 If the customer is an enterprise, the place of performance for the obligations of the parties is agreed to be the registered office of KuF GmbH.

5.2 The customer bears the costs and the risk of delivery. For data, the risk of loss or alteration of the data when downloading and sending via the Internet is transferred to the customer when the data crosses the KuF GmbH network interface. Furthermore, the customer bears the risk of loss or damage of the real data and he is obliged to back up real data if they are used for testing purposes on the provided equipment in real operation.

 

6. Delay, Impossibility of Fulfillment, Withdrawal

6.1 KuF GmbH strives to meet the agreed delivery deadlines and dates as far as possible. Unless they have been expressly agreed as binding, they are not binding and are always understood as the expected time of provision and handover to the customer.

6.2 KuF GmbH is not responsible for delays in delivery caused by incorrect, incomplete or subsequently changed data and information or documents provided by the customer and cannot lead to a delay in delivery or performance by KuF GmbH. Any additional costs caused by this shall be borne by the customer.

6.3 Withdrawal from the contract by the customer due to delay in delivery is only possible by setting a reasonable - at least 4-week - grace period. The withdrawal must be asserted in writing. The right of withdrawal shall only apply to the part of the delivery or service in respect of which there is a delay.

6.4 Should it become apparent during the execution of the order that the performance of the service is actually or legally impossible, KuF GmbH will notify the customer of this immediately. If the customer does not change the service description or does not create the conditions that make the execution or provision of the service possible, KuF GmbH can refuse the execution and withdraw from the order. If the impossibility of execution is the result of a default on the part of the customer or a subsequent change in the service description by the customer, KuF GmbH is also entitled to withdraw from the contract. All costs incurred by KuF GmbH are to be reimbursed by the customer.

 

7. Right of Retention, Set-Off

7.1 If the customer is an entrepreneur, he is not entitled to refuse or withhold payments due to incomplete total delivery, warranty or guarantee claims or complaints.

7.2 Unless the counterclaims are undisputed, legally established or ready for decision, offsetting against claims of KuF GmbH is excluded.

 

8. Rights of Use

8.1 KuF GmbH or its licensors are entitled to all copyrights to the services provided (computer programs, software solutions, documentation, concepts, etc.). KuF GmbH grants the customer a non-exclusive right, unlimited in time, to use the services and computer programs designated in the order confirmation according to the specifications set forth therein and in accordance with the applicable copyright law.

8.2 Use with respect to computer programs is any permanent or temporary complete or partial duplication (copying) by loading, displaying, running, transferring or storing the programs and data for the purpose of their execution. Use also includes the execution of the aforementioned actions for the purpose of observing, examining or testing the provided computer programs, as well as the production of backup copies of the provided computer program and the data contained therein, insofar as this is necessary for the future use of the program, the data or the overall system. In principle, only one backup copy may be made and kept, which must be clearly marked as such.

8.3 KuF GmbH is entitled to archive the subject matter of the contract after acceptance, but is neither obliged to archive after acceptance nor to hand over archived subjects of the contract.

8.4 The customer or third parties are not permitted to exploit the copyrighted services of KuF GmbH by all known and future types of use according to the Copyright Act without the consent of KuF GmbH, in particular to reproduce, distribute, perform, make publicly accessible and reproduce, edit or redesign or adapt to subsidiaries or foreign branches. The Customer shall not be entitled to transfer the non-exclusive rights of use granted to it to third parties or to grant third parties corresponding rights of use.

8.5 KuF GmbH reserves the right to charge the customer an additional usage fee for the granting of usage rights for purposes other than those contractually agreed or subsequent purposes of the customer.

8.6 The customer is entitled to combine the provided computer programs with other computer programs. Further modifications of the programs as well as error corrections are only permitted to the extent that they are necessary for the intended use. A reverse translation (decompilation) of the program code (source code) into another form of presentation is prohibited. Excepted from this is a partial translation for the purpose of establishing the interoperability of an independently created computer program with a provided computer program or with other computer programs under the restrictions set forth in Section 69e of the German Copyright Act.

8.7 No rights, in particular no joint copyrights, are acquired by the customer through his participation in the production of computer programs or concepts.

8.8 KuF GmbH may use services rendered for its own purposes and for its own advertising and PR activities in compliance with the statutory and contractual data protection and confidentiality provisions.

8.9 Violations of the above provisions will result in compensation for damages.

 

9. Warranty

9.1 The warranty period shall be 1 year from acceptance in accordance with Section 4 of these GTC.

9.2 The existence of defects shall be proven by the customer.

9.3 Obvious defects shall be notified by the customer within a period of 14 days, sufficiently specified and in writing. If the notice of defects is justified, the defects will be remedied within a reasonable period of time, whereby the customer must allow KuF GmbH to take all measures necessary to investigate and remedy the defects. In the case of warranty, KuF GmbH is entitled to determine the type of subsequent performance (rectification or subsequent delivery) itself.

9.4 If KuF GmbH remedies defects outside of the warranty or provides other services (e.g. costs for assistance, error and fault correction for which the customer is responsible, as well as other corrections, changes and additions), these will be charged according to the valid service rates on a time basis. This also applies to the elimination of defects caused by program changes, additions or other interventions made by the customer or by third parties.

9.5 Furthermore, KuF GmbH does not assume any warranty for errors, malfunctions or damage caused by improper operation, modified operating system components, interfaces and parameters, the use of unsuitable organizational means and data carriers, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) and transport damage.

9.6 For computer programs that are subsequently modified by the customer's own programmers or by third parties, any warranty by KuF GmbH is void.

9.7 If the subject of the order is the modification or supplementation of already existing computer programs, the warranty refers in each case to the ordered modification or supplementation. This does not revive the warranty for the original program.



10. LIABILITY, COMPENSATION

10.1 KuF GmbH excludes liability for slightly negligent breaches of duty, unless they concern damages resulting from injury to life, body or health or claims under the Product Liability Act are affected. Furthermore, liability for the violation of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, shall remain unaffected. This limitation of liability also applies to vicarious agents of KuF GmbH. The amount of the claim for damages is limited to the foreseeable damage typical for the contract.

10.2 As soon as the customer has released drafts, sample pages, layouts or texts, KuF GmbH shall not be liable for them.

10.3 KuF GmbH is only liable for the registration and protectability of drafts if this has been agreed in writing in advance. KuF GmbH is only liable for the legal inadmissibility of advertising measures if it has acted with gross negligence or intent. The customer is obliged to have the advertising measure legally reviewed at his own expense.

10.4 KuF GmbH is not liable for the customer's compliance with legal regulations of any kind.

10.5 KuF GmbH is not liable for the content of data transmitted by the customer or for the content of data of customers that are publicly accessible through services of KuF GmbH.

10.6 Any legal advice to the customer, in particular the legal review of the customer's imprint and possible legal requirements to the customer's trade itself, as well as the review of compliance with all consumer protection regulations by the customer is not permitted KuF GmbH and therefore expressly not the subject of performance. The liability of KuF GmbH for their compliance by the customer is excluded.
nd. The liability of KuF GmbH for their compliance by the customer is excluded.

 

11. Assignment of Third Parties

The use of subcontractors is always permitted.

 

12. Data Protection, Secrecy, Copyright

12.1 KuF GmbH is obliged to comply with the applicable data protection regulations, in particular those of the Federal Data Protection Act (BDSG), and to obligate its employees accordingly.

12.2 KuF GmbH and the customer hereby irrevocably undertake to maintain secrecy about all company and business secrets made accessible to them, made available to them or otherwise made known to them in connection with or as a result of the business relationship or contact and not to make them accessible to third parties in any way whatsoever without consent. Furthermore, KuF GmbH and the customer undertake to use information only on a "need to know" basis and only within the scope of the concluded contract.

12.3 The customer must ensure that the materials, documents, images, texts, audio works, etc. made available to KuF GmbH are his property or that he has been granted a license for corresponding use or other rights of use by the entitled party.

 

13. Choice of Law, Place of Jurisdiction, Consumer

13.1 This contract shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the CISG (United Nations Convention on Contracts for the International Sale of Goods).

13.2 If the contracting parties are merchants, legal entities under public law or special funds under public law, the registered office of KuF GmbH is agreed as the place of jurisdiction.

13.3 If the customer is a consumer within the meaning of § 13 of the German Civil Code (BGB), the above provisions shall apply only to the extent that consumer protection regulations do not mandatorily provide for other provisions.

 

14. Miscellaneous

14.1 Should one or more provisions of this agreement be or become legally invalid in whole or in part, this shall not affect the validity of the remaining provisions. Instead, the invalid provision shall be replaced retroactively by a provision which is legally permissible and effective and which reflects the original intention of the parties as far as possible from an economic point of view.

14.2 Amendments or supplements to contracts between KuF GmbH and the customer must be made in writing. This also applies to the change of the written form requirement.

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