1. Scope of Application
1.1. These Terms and Conditions apply exclusively to all contracts between Synced Design - Social Craft Agentur, Neue Krugallee 150, 12437 Berlin, Germany (“Agency”), and its clients, including international clientele.
1.2. Deviations or additional agreements require express written confirmation by the Agency.
2. Scope of Services
2.1. The Agency provides services including Web Design, UX/UI Design, Branding, and Marketing. The exact scope is defined in each individual contract or offer.
2.2. Amendments or extensions to the agreed services require a written agreement and may result in additional charges.
3. Client Obligations
3.1. The client must provide all necessary information, materials, and access promptly and at their own expense.
3.2. Delays caused by the client’s late cooperation will not be attributed to the Agency and do not justify withholding payment.
4. Payment Terms and Pricing
4.1. Prices are based on the offer provided. All fees are quoted exclusive of statutory VAT.
4.2. Payments must be made in full without deductions within 14 calendar days from invoice date.
4.3. The Agency reserves the right to suspend further services if payment is overdue by more than 7 days, and may charge interest at a rate of 8% per annum above the European Central Bank base rate.
5. Intellectual Property and Usage Rights
5.1. The Agency grants the client a non-exclusive right of use to the final delivered works upon full payment only. Until payment is complete, the Agency retains all rights.
5.2. All preliminary concepts, drafts, design assets, and internal documents remain the exclusive property of the Agency unless otherwise explicitly stated in writing.
6. Warranty, Liability, and Indemnification
6.1. The Agency is liable exclusively for damages caused intentionally or by gross negligence. Liability for indirect damages, including lost profits and data loss, is explicitly excluded unless caused by willful misconduct.
6.2. Clients must inspect delivered services immediately upon receipt and notify the Agency in writing of any defects within seven calendar days.
6.3. International clients expressly waive any claims that are not communicated in writing within the aforementioned period.
7. Contract Duration, Termination, and Money-Back Guarantee
7.1. Contracts conclude upon full completion and delivery of the agreed services.
7.2. A 50% money-back guarantee is available only within seven calendar days of contract signing. After this period, no refunds will be issued.
7.3. Premature termination is permissible only under substantial grounds. The Agency is entitled to compensation for services provided until termination.
8. Confidentiality, Data Protection, and Marketing Rights
8.1. Both parties agree to keep confidential information strictly private. Breach of confidentiality obligates the violating party to indemnify the other.
8.2. The Agency complies fully with GDPR data protection requirements.
8.3. The Agency reserves the right to reference completed projects publicly for marketing and portfolio purposes unless the client explicitly objects in writing prior to project completion.
9. International Clients and Jurisdictional Considerations
9.1. International clients agree explicitly to the applicability of German law for all contracts concluded with the Agency.
9.2. The exclusive place of jurisdiction for all disputes arising from contracts with international clients is Berlin, Germany, regardless of the client’s location or country of residence.
9.3. International clients acknowledge that translations of these Terms and Conditions are provided solely for convenience, with the English version taking precedence.
10. Miscellaneous Provisions
10.1. German law applies exclusively.
10.2. Should any provision of these Terms be invalid or unenforceable, the remaining provisions remain fully effective.
10.3. Amendments to these Terms require written agreement by both parties.