Terms and Conditions – Franz Korbjuhn

This is a translation provided for convenience. The German version of these terms is the binding one; in case of any discrepancy, the German wording prevails. References are to German law.

The business relationship between Franz Korbjuhn, Brandstwiete 4, 20457 Hamburg, Germany (hereinafter: “I” or “me”) and his clients is governed exclusively by these Terms and Conditions (“Terms”) in the version valid at the time the contract is concluded. In the version last accepted by the client, these Terms also apply to all subsequent orders, even if their applicability is not mentioned again when the contract is concluded. Any deviating terms or contractual offers made by the client are hereby rejected. Agreements that depart from these Terms require express consent. These Terms do not apply to clients who are not entrepreneurs within the meaning of section 14 of the German Civil Code (BGB).

I. Basis of the contract

The contract for the service is concluded when the client confirms a binding quotation or when I accept a binding order placed by the client. The subject matter of the contract is exclusively the agreed service.
The scope of my service is determined by my quotation, the client’s order and/or my order confirmation.
Where the task is one of design or is artistic and creative in nature, I have freedom of design at my reasonable discretion, unless an express agreement has been made about how it is to be carried out.
I owe professional execution; the suitability of the service for a particular purpose requires express agreement in text form (section 126b BGB).
Where the delivery of advertising material, printed matter, product samples and/or promotional material forms part of the order, over- or under-deliveries of up to 10% are possible for technical reasons and are taken into account accordingly when the fee is invoiced.
Apart from a specific agreed service, I do not owe the achievement of any particular commercial, technical or advertising success. Taking account of technical, organisational, logistical or other circumstances and requirements attributable to the client is owed only where this has been expressly agreed.
Subsequent changes to the subject matter and scope of the service require the consent of both parties. Additional services are to be remunerated appropriately by the client. Repeated draft work, corrections, adjustments, configuration changes and additional requests also count as subsequent changes, unless they concern the remedying of defects.
All prices are exclusive of value added tax at the applicable statutory rate.
I am only in default following a written reminder from the client, unless the transaction is one for delivery at a fixed date. Binding completion dates must be agreed in writing.
Guarantees in the legal sense are given by me only where there is a written guarantee agreement using the term “guarantee”.

II. Third parties, manufacturers and external services

I may engage third parties to perform the service at my reasonable discretion. My responsibility for the contractual obligations incumbent on me remains unaffected.
Where third parties are involved in the service on the client’s instructions or at the client’s request (external services), I am not liable for those third parties or their performance. I am responsible for selecting or supervising external services or their providers only where this has been expressly agreed and is separately remunerated. For any remuneration payable by me to such third parties (external costs) I may require payment in advance and may defer placing the order until payment has been received.
Where I broker, procure, provide or on-charge hardware or software, cloud services, SaaS services, telecommunications services, hosting services, licences, subscriptions, maintenance services, manufacturer support or other third-party services, the respective contractual, licence, usage, support, service and data protection terms of the manufacturer, distributor, provider or supplier apply in addition. The client is obliged to comply with those terms.
I accept no liability for the availability, functionality, ability to supply, scope of services, pricing, product changes, licence models, support services, service level agreements, termination conditions or other terms of manufacturers, distributors, providers or other third parties, unless the cause lies within my own area of responsibility.
Manufacturers, distributors, providers or other third parties may change products, prices, features, licence models, contractual terms, terms of duration, renewal conditions or availability. Such changes entitle me to pass on to the client the resulting changes, additional costs or restrictions, insofar as I am not responsible for them.
The client remains responsible for the selection, suitability and lawful use of third-party services, unless I have expressly assumed a separate obligation to advise on or examine them.

III. Client’s duties to cooperate

The client must provide me with all information material to the respective order and inform me in good time of any problems or need for changes. Instructions must be given early enough to leave a reasonable period for implementation. Where the client requires unscheduled work at night or on public holidays, the surcharge provided for in the quotation falls due, but in any event a minimum surcharge of 25% on the standard fee.
The client shall, on its own initiative, name a contact person responsible for carrying out the contractual relationship who can be reached at short notice in the event of queries, problems or the need for coordination and who can take, or promptly bring about, decisions material to the project. A deputy is to be named in the event of absence. If I am unable to perform my services, or can perform them only incompletely or not in accordance with the contract, because coordination with the client was not possible or not possible in good time, I am released from responsibility for the disruption to that extent.
I am entitled to treat the information provided by the client as correct and complete. I will point out to the client any inaccuracies or gaps in information that I identify.
The client shall provide me only with such templates, data, access credentials, content and materials whose use and processing in accordance with the order does not infringe the rights of third parties.
The client must check deliveries and services, and any preliminary and interim results handed over, for conformity with the contract immediately upon receipt and must grant acceptance without delay. I am entitled to require interim acceptance upon completion of individual stages of work. Acceptance of a service is deemed granted if the client does not refuse it, with meaningful reasons, within 7 days of receipt, or if the client uses the work result. I will draw the client’s particular attention to this legal consequence at the start of the period. Complaints made after that point are deemed subsequent requests for changes. Acceptance may not be refused on artistic or design grounds unless the result departs from a design result agreed in writing.
The client is obliged to provide in good time the access, administrator rights, credentials, multi-factor approvals, contact persons, system information, documentation, backups, licences and other prerequisites required for the service to be performed.
The client is responsible for complying with the statutory, regulatory, professional and sector-specific requirements applicable to it, unless a corresponding review or advice by me has been expressly agreed.

IV. Transport, safekeeping and storage

I do not owe the safekeeping of the client’s documents, equipment, materials, semi-finished or finished products which the client has not requested back within one month of completion of the order. Items handed over to me by the client and other items stored by me for the client (in particular goods, equipment and advertising material) and documents shall be insured by the client against damage, loss and theft. For damage not covered by that insurance I am liable only up to the value of the material (current value) and only where storage is either an express part of the order or is separately remunerated by the client.
Where separately agreed, I will arrange insurance at current value at the client’s expense; in the event of a loss, claims by the client going beyond the current value are excluded.
Vehicles made available by the client as part of a campaign or order are insured only within the scope of the insurance to be taken out for the vehicle by the client. I accept no liability for own-damage losses that are not covered by the relevant motor insurance.
The place of performance for deliveries is my place of business. Dispatch and/or transport of items is at the client’s risk. Risk passes to the client at the latest on handover to the shipping service provider, forwarder or carrier. This also applies to deliveries made directly to the client by manufacturers, distributors or suppliers. I am happy to take out transport insurance at the client’s specific request and expense.

V. Special conditions for consulting services

I provide consulting services exclusively on the basis of the information supplied by the client. Where third parties are engaged for the consulting services and for gathering the necessary data, they are engaged in the name and on behalf of the client, unless otherwise agreed.
I owe professional execution of the consulting services taking account of the requirements stated when the order was placed, but not any particular consulting outcome, since defining one is not expedient given the scope for judgement typical of consulting work. The law on contracts for services applies to consulting services.

VI. Dates

The delivery or performance date, or the delivery or performance period, is agreed on the basis of my expected capacity; it is non-binding and subject to unforeseen circumstances and obstacles, in particular force majeure, official measures, refusal of official permits, industrial action of any kind, sabotage, cyber attacks, failures of telecommunications networks, failures of cloud, hosting or platform providers, or non-delivery, incorrect delivery or late delivery for which I am not responsible. Such events extend the delivery date accordingly, including where they occur during a delay that has already arisen.
If the effort increases and the cause lies within the client’s area of responsibility, I may claim reasonable remuneration for the additional effort actually incurred.

VII. Rights of use and concepts

At the client’s request I develop concepts and presentations even before an order is placed; their cost is to be reimbursed by the client as agreed. Such concepts and presentations are to be treated as confidential; all rights in drafts, proposals, tender documents and the like remain with me. The client is not entitled to use my proposals and concepts outside an order placed with me, in particular not on its own or by engaging other providers, nor to pass them on to third parties. In the event of a culpable breach of this obligation by the client, I am entitled to demand a contractual penalty of up to €10,000 from the client, but no more than one tenth of the order value under the relevant concept or presentation; the defence of continuing offence is excluded.
I grant the client the rights of use in the result of my service (the final result) that are required for the respective purpose of use. Unless otherwise agreed in writing, the fee covers the granting of simple, non-exclusive rights of use for the purpose, form and period of use under the original order. Any use going beyond this, in particular in or on media not expressly covered, in a different geographical area, in edited form (unless the editing is necessary for the agreed use) and/or over a different period, requires an express additional grant of rights. Transfer of rights of use and sub-licensing require my written consent. All rights in interim results remain with me unless otherwise agreed in writing.
In the event of unauthorised use of services performed by me under an order, the client is obliged to pay for that use; my further claims and rights remain unaffected. The minimum fee is 1.5 times the fee payable for the use under my standard rates at the time of use or, where no such fee is provided for, the standard fee under the collective fee agreement or fee schedule applicable to the respective work result (the collective fee agreement for design (AGD) applying to design services and the image fees of the Mittelstandsgemeinschaft Foto-Marketing to photographs). If the client infringes the right to be named as author, it must (in addition) pay me a lump sum of 25% of the fee payable for the respective use. My right to claim higher damages on the basis of a specific calculation of loss remains unaffected by the above provisions.
All grants of rights are subject to the condition precedent of full payment of the fee owed for the respective service.
Even where exclusive rights of use are granted, I am entitled to use the results of my work and their drafts for my own advertising and for entering competitions, including on the internet and in particular as a reference, naming the client. I am entitled to refer to myself or the respective author in an appropriate form on advertising material and presentation materials supplied by me and in advertising activities.
In respect of scripts, automations, documentation, concepts, configuration templates, templates, know-how, routines and general technical approaches created by me, the client receives only those rights of use required for the agreed contractual purpose. Passing them on to third parties, publishing, sub-licensing or using them outside the agreed purpose requires my prior consent in text form, unless expressly agreed otherwise.

VIII. Retention of title

In the case of deliveries of physical items, I retain title to the delivered item until all payments under the delivery contract have been received. If the client acts in breach of contract, in particular in the event of late payment, I am entitled to take back the purchased item. My taking back the item constitutes at the same time a withdrawal from the contract. After taking back the delivered item, I am entitled to realise its value; the proceeds are to be set off against the client’s liabilities, less reasonable costs of realisation.
Until goods subject to retention of title have been paid for in full, the client may not sell, pledge or assign them by way of security, nor grant third parties rights in them, unless this occurs in the ordinary course of business and with my prior consent.
In the event of seizure or other interference by third parties, the client must notify me in writing without delay.
I undertake to release the securities to which I am entitled, at the client’s request, to the extent that the realisable value of my securities exceeds the claims to be secured by more than 10%; the choice of which securities to release rests with me.

IX. Fees and invoicing

I am entitled to require reasonable payments on account when the order is placed and while the service is being performed, in particular interim invoices for accepted parts of the service in the case of interim acceptance. If the client is in default in settling an invoice despite a reminder, or if I become aware of circumstances giving rise to serious doubts about the client’s ability to perform (for example an application to open insolvency proceedings, or a negative credit assessment by a recognised credit agency), I am entitled to invoice all services performed up to that point and to suspend my performance until all claims arising from the business relationship have been settled in full. I am further entitled to make continued performance conditional upon a reasonable advance payment covering my fee and the anticipated expenses and external costs.
Reasonable travel costs are to be reimbursed by the client, provided the journey was made for the purpose of performing the contract and was made with the client’s approval or was necessary having regard to the effort involved and the effectiveness of alternative means of transmission or communication.
Unless otherwise agreed by contract, invoices are due and payable without deduction within 7 days of receipt of the invoice. Invoices are deemed accepted if the client does not object to them in writing, stating substantive and verifiable reasons, within 7 days of receipt of the invoice. I will draw the client’s particular attention to this legal consequence at the start of the period. This does not affect when payment falls due.
If an order cannot be carried out, or cannot be carried out in full, for reasons for which I am not responsible (in particular where the client terminates under section 648 BGB), the client owes me compensation for the service not performed amounting to 70% of the fee payable for that service. Expenses saved are credited against this, provided the expense was expressly part of the service and was actually saved (for example travel costs). The burden of proving higher saved expenses lies with the client.
Set-off is only possible against claims that I have acknowledged or that have been established with final legal effect. A right of retention may only be exercised to the extent that the counterclaim is based on the same contractual relationship.
The client is itself responsible for any fees or contributions payable to collecting societies and for the levy to the German Artists’ Social Insurance Fund (Künstlersozialkasse) and must bear those costs. The client is aware that when work in the artistic, conceptual and advertising consultancy field is commissioned from a non-legal person, an artists’ social insurance levy must be paid to the Künstlersozialkasse. The client may not deduct this levy from the fee invoice. Unless otherwise agreed, the client is responsible for complying with the registration and payment obligation, where the commission was placed in the name and on behalf of the client.
Unless otherwise agreed, working time is invoiced in commenced units of 15 minutes. This also applies to remote support, telephone support, on-site appointments, documentation, research, coordination, procurement, licence management and fault analysis.
I may pass on to the client price changes made by manufacturers, distributors, suppliers, cloud providers, SaaS providers, telecommunications providers or other third parties, insofar as they concern the products or services obtained by the client and I am not responsible for them.

X. Licences, subscriptions, hardware and cloud services

When purchasing, providing, brokering or reselling hardware and software, software licences, cloud services, SaaS services, subscriptions, maintenance services, support contracts, hosting or telecommunications services, I act in my own name and for my own account, unless expressly agreed otherwise.
Pricing for external services is based on my own commercial calculation. This takes into account in particular the effort involved in procurement, administration, consulting, licence management, support and processing, as well as customary market pricing.
The client has no claim to disclosure of purchase prices, margins, discounts, distributor terms or the basis of calculation.
The client is responsible for lawful use, adequate licensing, compliance with terms of use, user assignments, licence metrics and manufacturers’ audit requirements, unless a separate review or administration by me has been expressly agreed.
For subscriptions, fixed-term contracts and cloud services, the terms of duration, notice periods, renewal mechanisms and cancellation conditions of the respective manufacturer or provider apply. Early termination, reduction or return is only possible to the extent that the respective manufacturer or provider allows it.
I am entitled to make the provision, renewal or extension of licences, subscriptions, hardware or other external services conditional upon advance payment or the prior settlement of outstanding claims.
I may pass on to the client price changes made by manufacturers, distributors, cloud providers or other third parties, insofar as they concern the services obtained by the client and I am not responsible for them.
I am not liable for delivery delays, product discontinuations, end-of-life or end-of-support status, manufacturer changes, security vulnerabilities, changes in functionality or other restrictions affecting third-party products and services, insofar as I am not responsible for them.

XI. Data backup, IT security and responsibility for systems

The client is responsible for regular, complete and functioning backups of its systems and data, unless data backup has been expressly agreed as a service owed by me.
Before work on IT systems begins, in particular before updates, migrations, configuration changes, repairs or interventions in servers, clients, networks, firewalls, cloud environments or databases, the client must ensure that a current and verifiable backup exists.
Even where I set up, monitor or support backup solutions, I owe successful restorability only where this has been expressly agreed. Regular testing of the restorability of backups requires a separate agreement.
I am liable for data loss only in accordance with the liability provisions of these Terms and only to the extent that the loss would also have occurred had proper, current and tested backups been in place.
The client remains responsible for the secure operation of its IT systems, unless specific managed service, security or administration services have been expressly agreed.
The client is obliged to take appropriate technical and organisational protective measures, in particular secure passwords, multi-factor authentication, current updates, virus protection, firewall rules, permission concepts and access protection, insofar as this is necessary and reasonable for its systems.

XII. Remote access, administration and automated services

The client permits me, to the extent necessary for performing the service, to access its IT systems by remote maintenance, remote management, administrative access, VPN, cloud portal, management console or comparable technical means.
The client is responsible for ensuring that the access, rights and approvals provided for this purpose have been set up lawfully and enable the service to be performed.
I am entitled to use suitable remote monitoring, remote management, documentation, automation, ticketing, security and administration tools to perform the service, insofar as this is necessary or expedient for carrying out the order.
Administrative interventions may have effects on availability, configuration, user rights, security policies, data and system behaviour. Before the service begins, the client must inform me of any particular risks, production-critical systems, maintenance windows, dependencies and excluded periods.
Where the client provides me with credentials, administrator rights or other authorisations, I may use them within the agreed scope of services. The client must remove, or arrange for the removal of, access that is no longer needed once the collaboration ends.

XIII. Outdated systems, end-of-life and end-of-support

I am not obliged to support, maintain or service systems, software, hardware, operating systems, applications or components that are no longer supported by the manufacturer, are insecure, present significant technical risks or no longer correspond to the state of the art, unless such support has been expressly agreed.
If, at the client’s request, I nevertheless perform services on such systems, this is at the client’s risk. I am not liable for restrictions, outages, security incidents or consequential loss attributable to the outdated, insecure or unsupported state of the systems, unless I caused them intentionally or through gross negligence.
I am entitled to decline services or to make them conditional upon prior modernisation, backup or protective measures where carrying out the service does not appear justifiable for technical, security-related or economic reasons.

XIV. Blocks of hours

On request, the client receives from me as IT service provider a block of hours for carrying out the agreed IT services. The block of hours is set out in the quotation or the order confirmation.
Charging of hours: the hours charged are the hours actually worked and are invoiced in units of 15 minutes.
Recording of working time: the hours I work are documented and made available to the client on request.
Consumption of the block of hours: I inform the client in good time about the consumption of the block of hours and point out when it is nearly used up.
Booking a new block of hours: when the block of hours is nearly used up, I inform the client and offer the option of booking a new block.
Extending the block of hours: should the block of hours be used up in the course of the engagement, I may offer the client an extension. The extension is agreed in writing and invoiced.
Changing the block of hours: the block of hours may only be changed with the express consent of both contracting parties. The change is agreed in writing and invoiced.
Payment terms: the fee for the services performed follows from the agreed block of hours and the agreed hourly rate. Payment is made in accordance with the payment terms agreed in the order confirmation or the quotation.
End of the contract: if the block of hours is used up early and no extension or new block is booked, the engagement ends when the last hour of the block is reached, unless further services are agreed.
Unless otherwise agreed, an unused block expires 180 days after the block is activated. The activation date is the date payment is received.

XV. Maintenance contracts and managed services

Subject matter
The following provisions apply, in addition to these Terms and Conditions, to all maintenance, service and managed service contracts between me and my clients.
Scope of services
The maintenance contract covers the regular inspection, maintenance and care of the agreed IT systems, software or other technical infrastructure in accordance with the agreed service levels.
The specific services covered by the maintenance contract are set out in the respective order confirmation or in the service level agreement (SLA). These include, among others:
1. fault analysis and rectification,
2. installation of software updates and patches,
3. carrying out security checks and measures,
4. performance monitoring and optimisation,
5. remote support or on-site service as required,
6. maintenance and care of WordPress websites,
7. licence management and cloud administration, where agreed,
8. monitoring, documentation and automated maintenance tasks, where agreed.
Price commitment for software licences
As an additional option, I offer my clients the possibility of acquiring the use of certain software under this maintenance contract. These are software licences that I obtain from third-party providers.
Where expressly agreed in the maintenance contract, the prices for the software licences are binding for the duration of the contract. I reserve the right, however, to adjust prices if the provider of the software licences increases its prices, changes the licence model, or if exchange rates, levies or purchasing terms change, or if other cost changes occur for which I am not responsible. In such a case I am entitled to adjust the prices for the software licences concerned appropriately.
Should I make a price adjustment, I will notify the client of it in good time. Notification is given in writing by email or by post to the contact address provided by the client.
In the event of a material price increase, the client has the right to terminate the affected part of the services extraordinarily within four weeks of receiving notice of the price adjustment, to the extent that the respective manufacturer or provider permits termination, reduction or cancellation. Third-party services already firmly booked that cannot be terminated or cancelled remain unaffected.
Service hours and response times
The service hours for maintenance and service work are set out in the respective order confirmation or in the SLA. They may cover both regular maintenance appointments and agreed response times for rectifying faults.
Unless expressly agreed otherwise, response times are times until the first qualified response, not guaranteed restoration, resolution or repair times.
I will make all reasonable efforts to meet the agreed service hours. In the event of unforeseen circumstances, force majeure, third-party outages or other events for which I am not responsible and which make it difficult or impossible to meet the service hours, I will inform the client without delay and examine reasonable alternative solutions.
Support channels and prioritisation
Support requests are to be submitted through the agreed channels of communication. Unless agreed otherwise, email and the agreed ticket system are the relevant support channels. Reports made by telephone or through other informal means may speed up handling but do not necessarily replace a traceable record of the request.
Faults are prioritised according to severity, impact on business operations, urgency and the agreed scope of services.
Client’s duties to cooperate
The client is obliged to provide all information and access rights required for the proper performance of the maintenance and service work.
The client must ensure that its IT systems or technical infrastructure meet the necessary minimum requirements and are maintained regularly. The client is also responsible for complying with all licensing provisions relating to the software or systems used.
Liability and warranty
I accept no warranty for damage attributable to improper use of the IT systems, lack of cooperation, failure to back up data, outdated systems, recommendations that were not implemented, interventions by third parties, malware, cyber attacks or third-party services, insofar as I am not responsible for those circumstances.
My liability is governed by the general liability provisions of these Terms. I am liable for lost profit, indirect loss or consequential loss only to the extent required by mandatory law.
The client is obliged to report any defects in writing without delay after discovering them. I will take reasonable steps to remedy any defects.
Term and termination
The term of the maintenance contract begins on the date set out in the order confirmation or the SLA. Unless agreed otherwise, the contract runs for the agreed minimum term and is then extended by the agreed renewal period in each case unless terminated with the agreed notice.
The right to terminate extraordinarily for good cause remains unaffected. Good cause exists in particular in the event of serious breaches of contractual obligations, default in payment, insolvency-related events, repeated failure to cooperate or unreasonable security risks.
Termination of the maintenance contract must be in written or text form, to the extent legally permissible.
Other provisions
These provisions apply to all maintenance, service and managed service contracts between me and the client, unless agreed otherwise.
Should individual provisions of these Terms and of the maintenance contract be or become invalid, the remaining provisions remain unaffected. The invalid provisions are replaced by a provision that comes closest to their economic purpose.
The place of performance and place of jurisdiction for merchants, legal persons under public law and clients without a general place of jurisdiction in Germany is Hamburg.

XVI. Liability for defects

Once the client has granted approval, I am released from all responsibility for the correctness of templates and samples. I am not liable for errors overlooked by the client.
Deviations in colour, size and shape between proofs, samples, correction printouts or other templates and the final production that are unavoidable when applying customary care and are due to materials or processes do not constitute a defect.
I am not liable for the permissibility under competition and trade mark law, or the registrability, of services and their results, nor for their suitability for obtaining industrial or other property rights. Factual and advertising statements in communication measures for the client are to be checked by the client for their legal permissibility. I am not liable for ensuring that services performed by me, and in particular their use in the client’s field of business, do not infringe third-party industrial property rights or competition law. I do not owe a clearance search for conflicting industrial property rights. The client shall indemnify me against all damage, costs and expenses incurred by me as a result of infringements of rights based on communication measures and materials approved by the client.
In the case of commercial transactions, the duties to inspect and give notice of defects under section 377 of the German Commercial Code (HGB) apply in addition, where their requirements are met.

XVII. Other liability

I am liable for intent and gross negligence in accordance with the statutory provisions. The same applies to damage arising from injury to life, body or health, to claims under the German Product Liability Act and to any expressly assumed guarantees. Otherwise I am liable to the client only for the breach of a material contractual obligation (cardinal obligation). Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract and on whose observance the client, as a contracting party, may regularly rely. In the case of a slightly negligent breach of cardinal obligations, my liability is limited to the damage typical of the contract and foreseeable, but at most to twice the total fee for the order in connection with which the liability arises. Liability for lost profit, indirect loss and consequential loss is excluded to the extent legally permissible. The above limitations of liability also apply in favour of my vicarious agents, officers and legal representatives, and correspondingly to claims for reimbursement of expenses.

XVIII. Data protection and processing on behalf of the client

Where I process personal data on behalf of the client in the course of performing the service, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR before processing begins, where such an agreement is required by law.
The client remains the controller within the meaning of the GDPR unless expressly agreed otherwise. The client is responsible in particular for lawfulness, purpose limitation, information obligations, data subject rights and erasure obligations in relation to its personal data.
I am entitled to engage suitable sub-processors, cloud services, data centres, software providers, distributors and other service providers to perform the service, insofar as this is necessary or expedient for performing the service and data protection requirements are observed.

XIX. Non-solicitation

The client undertakes not to solicit or employ, itself or through third parties, personnel engaged by me during the contractual relationship and for a period of twelve months after it ends. For each case of culpable breach, a contractual penalty of €5,000.00 per individual case is payable by the client to me.

XX. Confidentiality

I undertake to maintain confidentiality regarding trade and business secrets and all information of the client designated as confidential that becomes known to me in connection with the performance of the contract. This obligation does not apply to information that is generally known, that becomes known without breach of this agreement, or that must be disclosed on the basis of a statutory, official or judicial obligation.

XXI. Final provisions

The law of the Federal Republic of Germany applies.
If individual provisions of these Terms and Conditions are invalid, the validity of the remaining provisions is not affected.
The place of performance and place of jurisdiction for merchants, legal persons under public law and clients without a general place of jurisdiction in Germany is Hamburg.

Version of these Terms: 5 January 2023