Imprint

Our business principles aim to regulate the business relations between customers and COCO new media in a binding manner. By placing an order with us, you confirm that you have read and accepted our business principles. These are the basis of all purchase, service and work contracts, services and offers of COCO new media and are also valid for all future services, if they are not explicitly mentioned again.

§1 Scope of services, offers

The scope of services shall be agreed upon by binding offers or shall apply on the basis of the general price list announced by COCO new media. A new price list shall render the old one invalid, unless expressly stated otherwise. Cost estimates shall only apply to the work listed therein.
In the case of orders for individual needs of the client, COCO new media reserves the right to deviate from cost estimates made in advance if the contractual partner makes use of additional services after placing the order.
Unless otherwise agreed, offers are valid for 4 weeks and are subject to VAT.
If COCO new media is in default of performance through its own fault, the contracting partner may withdraw from the contract after setting a grace period of four weeks with the threat of refusal. Claims for damages are excluded.
Changes requested by the contracting party shall extend the performance period by a reasonable time to be agreed upon then.
COCO new media reserves the right to make changes to products and services at any time without prior notice, in particular due to technical progress.
COCO new media is entitled to make partial deliveries.
Delays in performance due to a failure of communication networks cannot be excluded. In case of technical problems, which do not allow a continuation of concluded contracts, COCO new media is entitled to terminate parts or the whole contract without notice.
Data carriers, shipping and travel costs will be invoiced separately.

§2 Provision of information by the customer

The customer indemnifies COCO new media from all claims of third parties regarding the provided data and assures not to transmit any information and image material that violates the rights of third parties.
As far as data is transferred to COCO new media, the customer shall make appropriate backup copies in order to avoid data loss in special and individual cases. In case of data loss the customer will transfer the concerned data again free of charge to COCO new media.
COCO new media rejects the publication of politically extreme, criminal, pornographic and human dignity violating content. The customer guarantees that the contents do not violate applicable law. COCO new media and the Provider are entitled to block illegal contents immediately without separate notification. The aforementioned applies accordingly to references of the customer to such contents of third parties. If a customer violates these conditions significantly or despite warning, COCO new media and the Provider are entitled to terminate the contractual relationship without notice for good cause.
The customer is obligated to provide the name and address for his business offers, as well as the name and address of the authorized representative in the case of associations of persons and groups (legal requirement according to §6 TDG).
COCO new media does not assume any duty of examination, but reserves the right to refuse the inclusion of contents or to delete them subsequently. For violations, the customer is liable in such a way that he compensates COCO new media for all expenses incurred, including the costs of legal defense.

§ 3 Payment

Invoices from COCO new media are due for payment immediately upon receipt without any deductions. Payment shall be made by bank transfer. COCO new media reserves the right to refuse checks or bills of exchange. The acceptance of these takes place instead of fulfillment. Discount and bill charges shall be borne by the purchaser and are always due immediately.
For reminders COCO new media charges the customer with a lump sum reminder fee of 5,- Euro per reminder as well as all costs incurred by the delay of payment, provided that the customer is responsible for the reasons for the reminder. If a customer is in arrears with subsequent payments, interest shall be charged at a rate of 4% above the respective discount rate of the European Central Bank. If the customer is in default of payment for two consecutive months, the contractual relationship may be terminated by us for good cause without notice.
The customer may only offset claims of COCO new media with undisputed or legally established counterclaims. The customer shall not be entitled to assert a right of retention or a right to refuse performance.

§4 Copyright and intellectual property, right of use

The ownership and copyright of goods - especially software products - and all copies thereof, as well as of all creative services provided within the scope of offers or service contracts (e.g. content creation, support, web design, consulting or similar) are owned by COCO new media or its suppliers or partners. Ownership and intellectual property rights with respect to the content accessed through the software product are held by the respective owner of the content and are protected by applicable copyright laws and intellectual property laws and agreements.
Unless otherwise expressly agreed, COCO new media shall grant the customer rights of use only for the type of use or the medium for which the project service was commissioned.
The granting of rights of use shall only be subject to the condition precedent of full payment of the contractually agreed total remuneration.
COCO new media is entitled to provide the contractually owed work results with protective or name notes, which indicate the authorship of COCO new media.
COCO new media reserves the right to retain a copy of the work results achieved in the course of the project implementation for archiving purposes as well as to make them available to third parties in order to present COCO new media to third parties.

§5 Duty to cooperate and acceptance

The customer will provide necessary data, especially graphics, photos and texts to be used, in a timely manner.
Insofar as COCO new media provides the customer with drafts, stating a reasonable period of time for checking for correctness and completeness, the drafts shall be deemed approved upon expiration of the period of time, insofar as COCO new media does not receive a request for correction.
The customer is responsible for sufficient resources and information within the scope of his duty to cooperate. He will ensure the availability of the required number of competent employees from a technical point of view and, in the case of digital work services, sufficient computer capacities such as memory, processing power and line capacities.
Author corrections and change requests on the part of the customer are to be communicated to COCO new media in writing or within the framework of provided online project tools in order to enable correct implementation.
The customer is obliged to accept the services of COCO new media immediately. Any notice of defects must be given immediately and in writing.
A work shall be deemed to have been accepted without reservation and free of defects if the customer declares acceptance in writing and in due time or uses the work in accordance with its intended purpose or allows the acceptance period to elapse without a notice of defect. If no explicit acceptance period is stated, a period of 3 weeks shall apply.
If a declaration of acceptance by the Customer is not made within the acceptance period, the Service Provider shall demand this declaration within a period of 10 working days. After expiry of this period, the acceptance shall be deemed declared even without the written form.

§6 Retention of title

COCO new media retains ownership of the delivered product until the contracting partner has fulfilled all current claims against him arising from the business relationship, regardless of the legal relationship. If a new product is produced by processing or transformation of the goods subject to retention of title, the retention of title shall also extend to these (extended retention of title). In the event of over-securing, a release clause in rem shall apply.

§7 Warranty for defects and liability

For any damage caused by defective products and websites, unlimited warranty and liability exclusion applies. This applies in particular to third-party services provided by external service providers, such as providers.
A warranty shall only be provided for obvious defects if they are notified in writing immediately after delivery.
For hidden defects, warranty is also only provided if they are reported in writing immediately after discovery of the defect.

§8 Place of performance, place of jurisdiction, applicable law

Place of performance and jurisdiction is Munich, Germany.
The law of the Federal Republic of Germany shall apply to legal relationships under the law of obligations. The same applies to property law.

§9 Final provisions

Should individual provisions of these contractual bases be ineffective, the remaining provisions shall remain unaffected. The customer and COCO new media shall replace the invalid provision with a valid provision that comes as close as possible to the economic intent. The same shall apply in the event of a loophole requiring regulation.
Amendments must be made in writing. This requirement cannot be waived orally.