The services of 0to100 GbR – hereinafter referred to as the Agency – are provided exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed upon again.

The services of the Agency include consulting and implementation of measures regarding the conception, design, and development of websites as well as software solutions, planning and creation of content, optimization of websites in search engines as well as placement and optimization of Google Ads and social media campaigns. The exact scope of services depends on the particular offer.

For fee services, the individually agreed daily rate applies. Unless otherwise agreed, flat rates are charged as a mixed calculation with our agency's daily rate of 960€. The project management reserves the right to employ staff with different levels of experience according to requirements and capacity. In this case - or if the client explicitly requests specific employees - the agency reserves the right to charge a daily rate depending on the level.

Below you will find a list of the underlying daily rates for orientation purposes. In the case of flat rates, there is no obligation to document the hours worked. Hours exceeding the agreement will only be charged after approval by the client. Hours not rendered will not be credited.

Copy Writer | 960 €
Designer | 960 €
Specialist | 960 €
Fullstack Developer | 1.040 €
Fundraiser | 1.600 €

a) The billing of the services is explicitly regulated in the respective offers. However, if nothing to the contrary is agreed upon, invoicing shall be carried out retrospectively on a monthly basis on the basis of the work performed. No acceptance within the meaning of §§ 640 ff. BGB.

b) Invoices do not include the statutory value-added tax and are payable - unless otherwise agreed in writing - 10 days after invoicing.

c) The Agency reserves the right to issue an interim invoice for all expenses incurred up to that point, but at least 50% of the project volume, in the event of a lack of effect and the resulting pause in the cooperation.

a) The Client undertakes to support the Agency actively and to the best of its ability in the provision of services. In particular, by providing the Agency in a timely manner and free of charge with the information, documents and materials, including access data, that the Agency deems necessary for the execution of the contract, as well as the requested content and content elements in a form suitable for direct utilization. In addition, the Agency and its vicarious agents must be granted access to any systems and equipment subject to the contract, in particular hardware and software, and their functionality must be maintained during the performance of the contract. The Client itself shall be responsible for the legally compliant design of content, e.g. with regard to the imprint, cancellation policy, data protection statement, product descriptions, etc., and for compliance with the rules of conduct and auditing requirements applicable to it.

b) The contracting parties shall each appoint a person competent and responsible for the task who is available to the other contracting party as a contact person in connection with the provision of services and who is authorized to make binding declarations for the respective contracting party and to receive declarations from the other contracting party.

c) If the Client fails to comply with its obligations to cooperate despite being requested to do so, any binding contractual deadlines shall be extended to a corresponding and reasonable extent. Further claims of the Agency, in particular for reimbursement of additional costs and the right to withdraw, shall remain unaffected.

Specified delivery/service deadlines are only binding if they have been expressly agreed in writing. If the non-observance of such binding contractual deadlines is due to force majeure or similar circumstances for which the Agency is not responsible, such as a strike, the failure of technical systems through no fault of the Agency, disruptions of the Internet, the non-issuance of necessary permits or problems with third-party products or services through no fault of the Agency, as well as the lack of cooperation, change requests or other circumstances from the sphere of the Client, the deadlines shall be extended accordingly.

a) The Parties shall comply with the applicable data protection provisions, in particular those applicable in Germany (esp. DSGVO).

b) More detailed information on data protection can also be found in the data protection declaration and the technical and organizational measures (TOM) of the Agency.

c) The name and address of the Client as well as all data required for the processing of the order shall be stored. Insofar as this is necessary for order processing, the Agency may also transfer the aforementioned data to affiliated companies and/or third-party companies commissioned for order processing. By placing the order, the client agrees to this collection, processing, and use of data.

d) The Client agrees that the published data may also be included in other electronic directories, used for information purposes and, if necessary, processed and modified in this context, insofar as there is a connection with the concluded contract.

e) If the client collects, processes, or uses personal data, he guarantees that he is entitled to do so according to the applicable, especially data protection regulations, and in the case of a violation, he indemnifies the agency from claims of third parties. The agency guarantees in this case:

• The Agency will collect, process, and use personal data for the Client only within the scope of Art.6 DSGVO to the agreed extent or as instructed by the Client. Use for other purposes - which also includes the agency's own purposes - is not permitted. The data used will be separated from other data files. Copies or duplicates will not be made without the knowledge of the client.
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• The Agency observes the principles of proper data processing and guarantees the legally prescribed and agreed data security measures (so-called "technical and organizational measures"). These include, in particular, internal and external access control with regard to the recorded data files.
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• The Agency shall ensure that the data is protected against unauthorized processing by appropriate organizational measures within the scope of what is technically possible, that access to the data processing systems is restricted to the necessary group of persons by means of appropriate locking technology and authorization assignment, and that no unauthorized access from outside is possible by using appropriate technical security systems in accordance with the recognized rules of technology.

• The Agency shall inform the Client if it is of the opinion that an instruction of the Client violates data protection regulations.

a) The contracting parties shall maintain secrecy with regard to all information to be treated as confidential which has come to their knowledge within the scope of this contractual relationship or shall only use such information vis-à-vis third parties with the prior written consent of the respective other parties. Information to be treated as confidential shall include information expressly designated as confidential by the party providing the information and such information whose confidentiality is clearly evident from the circumstances of the transfer.

b) The obligations under paragraph 1 shall not apply to such information or parts thereof for which the receiving party

• proves that it was known to it or generally accessible to it prior to the date of receipt;

• was known or generally accessible to the public before the date of receipt;

• became known or generally available to the public after the date of receipt without the responsibility of the party receiving the information.

c) The Agency may name the Client as a reference client on its website and in other forms and ways. This right shall continue indefinitely beyond the termination of the contract and cooperation. The Agency may also publicly reproduce or refer to the contractual work results (provided they do not contain confidential or personal data) after their completion as well as the logo (word and/or figurative mark) of the Client for demonstration purposes. The client may object to this publication in writing.

a) The agency is liable exclusively for intent and gross negligence. Friendventure GmbH shall only be liable for slight negligence in the event of a breach of a material contractual obligation and in the event of damage resulting from injury to the life, limb, or health of a human being.

b) If the client itself commissions other service providers with tasks that are part of the agency's owed service, the agency assumes no responsibility for the functionality of its service and for the third party's ability to base its own services on its preliminary work. The Agency is not obligated to support these service providers.

c) The examination of legal questions, in particular from the area of copyright, competition, and trademark law, is not the responsibility of the Agency. The agency does not check whether the contents of the internet pages and marketing campaigns of the client violate the rights of third parties or are constructed according to the guidelines of the individual advertising networks. The client alone shall be responsible for any possible penalization by third parties. The client is also solely responsible for the legal admissibility of the contents of its Internet pages and marketing campaigns as well as for the information provided by it. The same applies to the protection of the rights of third parties, in particular with regard to copyright, competition law, and criminal law.

d) The client himself is responsible for compliance with the provisions of data protection law with regard to his customer data. This also applies to compliance with the relevant provisions in the design and programming of his website. The agency only guarantees that the technical possibilities are provided to enable him to comply with the regulations, e.g. to delete the data.

e) In no case shall the Agency be liable for the loss of data, turnover, profit, or for interest and downtime costs that may arise as a result of a non-negligent act of the Agency.

a) The Agency shall be permitted - without the consent of the Client - to employ third parties or subcontractors to provide the contractually agreed services. The Agency shall ensure that the persons it employs for the provision of services are sufficiently qualified.

b) If the conduct or qualifications of the persons employed by the Agency do not meet the contractually agreed requirements, the Client shall inform the Agency thereof without delay. The Agency shall immediately take appropriate measures, which may also consist of replacing the person in question, if necessary.

c) The persons employed by the Agency shall not enter into an employment relationship with the Client and shall not be subject to the Client's authority to issue instructions. This applies in particular to the extent that persons employed by the Agency provide services on the premises of the Client.

a) The services rendered by the Agency shall remain the property of the Agency until all liabilities arising from the business relationship have been paid in full.

b) The copyright of all services shall remain with the Agency for an indefinite period. Unless otherwise agreed, the Agency shall be entitled to use all services rendered within the scope of its business operations for other purposes and for orders placed by third parties, provided that they do not contain any personal data of the Client. An agreement with the client is not required.

c) With the complete payment of a service, a simple, unlimited right of use, unrestricted in terms of content and space, is transferred to the client. Any other use of the services of the Agency is only permitted with the express consent of the Agency. The Agency can make this dependent on an additional payment.

Each party undertakes not to directly or indirectly entice away any employees of the other party during - as well as one year after termination - of this contract. For each case of violation of the provision, the violating party shall pay to the other party a contractual penalty in the amount of two gross annual salaries of the respective employee who is poached by the respective party in violation of the obligation, whereby for the calculation of the contractual penalty the gross annual salary of the respective employee shall be decisive, which he/she received in the year prior to the forfeiture of the contractual penalty.

If the client is a merchant, a legal entity under public law or a special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. This also applies to contractual relationships with foreign clients.

Amendments and supplements to this agreement must be made in writing. This also applies to any deviation from the written form clause. Verbal collateral agreements do not exist.

Should one of the provisions of these General Terms and Conditions be or become void, the remainder of the agreement shall remain valid. The contracting parties shall replace the void provision with a provision that comes closest to the economic intent of the contracting parties. The same shall apply to any loopholes.