Terms and Conditions

This English translation is provided for convenience and accessibility only. The German version is the sole legally binding version. In the event of any discrepancy or ambiguity, the German version shall prevail.

These Terms and Conditions form the basis of all business conducted by Brave & Hungry GmbH and are the only terms applicable. Any collateral agreements must be recorded in writing.

§1 Scope of engagement

An offer remains non-binding until an order is placed. For an engagement to come into effect, the client must place the order in writing and Brave & Hungry GmbH must provide an order confirmation. Where an advance payment has been agreed, work shall not begin until payment has been received.

Brave & Hungry GmbH is generally free to choose the time and place at which the work is carried out.

The project shall be deemed completed once the services set out in the offer have been provided. Following completion, the client may notify Brave & Hungry GmbH of defects within 21 days. This period shall end automatically if the deliverable covered by the offer is put into production use.

§2 Client obligations

The client undertakes to do its part to ensure the smooth progress of the project. This includes providing all necessary materials in a timely manner and reporting defects without delay. Failure to do so may lead to delays in the project schedule that extend beyond the original period of delay.

The client also undertakes to approve interim results promptly so as not to jeopardise the progress of the project. Minor defects shall not constitute grounds for withholding approval. If the client does not raise an objection within seven days of delivery of an interim result, that interim result shall be deemed approved.

The client acknowledges that operating a website involves risks. Legal requirements may change and previously unknown security vulnerabilities may be discovered in the software used. The client is responsible for complying with legal requirements and for regularly updating the systems in use.

The client must also ensure that its employees are authorised to make the decisions they take.

Provided that all agreed requirements have been met, the client bears the risk that the result does not meet its subjective preferences.

§3 Licences and rights of use

The client is responsible for ensuring that all materials it provides are covered by the necessary licences and do not infringe patents or other third-party rights. Brave & Hungry GmbH does not review project results for potential trademark or patent infringements.

Upon receipt of full payment, the client shall receive non-exclusive, unrestricted rights of use. These rights cover all files and work products required to operate and use the project. Editable working files are excluded. Brave & Hungry GmbH is not obliged to retain project files. Brave & Hungry GmbH is also entitled to use the completed work for promotional purposes.

§4 Liability

Brave & Hungry GmbH strives to deliver the best possible result and a high standard of quality to its clients. Nevertheless, errors cannot be excluded entirely.

The liability of Brave & Hungry GmbH is limited to the value of the engagement and applies only in cases of gross negligence. Brave & Hungry GmbH shall not be liable for errors caused by third parties. Where delays result from force majeure, an appropriate extension shall be granted.

§5 Payment terms

Unless stated otherwise, offers are cost estimates and may be adjusted in either direction during the course of the project. This allows the parties to respond flexibly to project changes that could not have been planned in advance.

Unless stated otherwise, all prices are net amounts and are subject to the rate of VAT applicable at the time the invoice is issued.

The full project amount shall be invoiced immediately upon completion. For projects spanning several months, interim invoices shall be issued at the end of each month unless otherwise agreed. Where an engagement is delivered in sprints as part of an agile project, each subsequent sprint must be paid for in advance.

Invoices are due immediately without deduction. If the invoice remains unpaid 14 days after issue, default interest of 8% per annum above the base interest rate may be charged.

If a commissioned project does not proceed in whole or in part, a cancellation fee equal to 50% of the project amount shall become due. Work already performed shall be charged in full.

No early-payment discount shall be granted.

§6 Travel expenses

Travel and accommodation expenses shall be agreed with the client and advanced up to a total net amount of €500. Car travel shall be charged at a flat rate of €0.25 per kilometre. For all other means of travel — including train, air travel or pedal boat — the associated costs shall be invoiced. Travel time shall be charged at half the applicable hourly rate.

§7 Third-party services

Brave & Hungry GmbH may engage third parties to support the performance of an order. Brave & Hungry GmbH shall ensure that this does not adversely affect the quality of the services.

Where third parties such as freelancers, photographers or hosting providers are commissioned in the client’s name, Brave & Hungry GmbH shall charge a handling fee of 15% of the order value for organisation and coordination.

§8 Final provisions

Both parties agree that, in the event of a dispute, the other party shall be notified and given a reasonable opportunity to remedy the matter before legal proceedings are initiated.

If one or more provisions of these Terms and Conditions are invalid for any reason, the remaining provisions shall remain unaffected. Any gaps in these Terms and Conditions shall be interpreted in a manner that reflects the commercial purpose of the engagement.

The place of performance and exclusive place of jurisdiction shall be the registered office of Brave & Hungry GmbH. The laws of the Federal Republic of Germany shall apply exclusively.

Last updated: April 2016