General terms and conditions
by RhineRender GmbH
Table of contents
§1 Scope
§2 Conclusion of contract and contract amendment
§3 Payment term
§4 Provision of services
§5 Transfer of risk
§6 Dates & Acceptance
§7 Further obligations of the client
§8 Industrial property rights, rights of use, retention of title
§9 Reference
§10 Requests for changes
§11 Warranty
§12 Liability limitation
§13 Statute of limitations
§14 Exemption
§15 Contract duration, extension and termination
§16 Confidentiality
§17 Data protection
§18 Final provisions
§1 Scope
1.1 These general terms and conditions (hereinafter “GTC”) govern the contractual relationships between RhineRender GmbH, Im Mediapark 5, 50670 Cologne (hereinafter “RhineRender”) and the client in connection with the provision of services by RhinErender and/or its vicarious agents. The terms and conditions apply in the version valid at the time the contract is concluded.
1.2 The terms and conditions apply to clients who are entrepreneurs (§ 14 BGB) or legal entities under public law. RhineRender does not enter into business relationships with consumers (§ 13 BGB).
1.3 Divergent, supplementary or conflicting terms and conditions of the client shall not apply unless RhinErender has agreed to them in writing. The terms and conditions apply even if RhinErender provides a service even though the client has notified conflicting or deviating conditions without reservation.
1.4 Amendments or additions to these terms and conditions are only effective if they have been agreed in writing. This also applies to canceling the written form.
1.5 The terms and conditions do not preclude RhineRender from having further rights arising from legal regulations.
§2 Conclusion of contract and contract amendment
2.1 All information about RhineRender's services, including the prices included in the offer overview, represents exclusively an invitation to submit an offer and not a legally binding offer within the meaning of Section 145 BGB.
2.2 A legally binding offer from the client can be submitted by (electronically) filling out and sending the offer overview. With the placement of an order by the client, there is a binding contract offer. Unless otherwise agreed, RhineRender is free to accept this offer within 14 days of receipt.
2.3 Verbal promises made by RhinErender, its employees, sales representatives, or vicarious agents made before the conclusion of the contract are legally non-binding and will be replaced by the conclusion of the contract, unless otherwise agreed. Oral statements by persons who have unlimited or external authority to represent RhineRender remain unaffected by the above provision.
2.4 Acceptance can be made either in writing or in text form (e.g. through an order confirmation or an invoicing by email) or by the start of the actual provision of services (e.g. by viewing and/or digitizing materials, starting work or providing a user login and password).
2.5 The contract is usually concluded in German or English and is processed by RhineRender.
2.6 All services provided by RhinErender are based on these terms and conditions. RhinErender reserves the express right to update and adapt these terms and conditions as a result of legislative changes, supreme court case law or market changes.
2.7 The client will be notified separately in text form about changes to the terms and conditions. Unless the client objects to these changes in text form within one calendar month, they are considered approved. RhineRender will also separately inform the client of this legal consequence.
§3 Payment term
3.1 The remuneration for contractual services is based on an hourly rate, daily rate or a flat rate plus statutory value added tax and is based on the current price list, offers or expenses in euros.
3.2 All expenses incurred in connection with the provision of the contract services or the preparation of the work results will be invoiced to the client. This includes all expenses such as models, speakers, performers or musicians for the preparation of work results, studio rentals, agency commissions, artists' social security contributions or customs duties. Unless otherwise agreed, these expenses will be passed on to the client with a 15% charge of the total costs (purchase prices plus all additional costs).
3.3 Production insurance, such as negative insurance or personal loss insurance, is generally paid by the client and is only included in the scope of services if this has been expressly agreed.
3.4 Any additional costs arising from force majeure events, such as bad weather conditions such as heavy or continuous rain or storms, are always borne by the client, unless an express agreement to the contrary has been made in the service description.
3.5 The client shall make payment by bank transfer on any invoice submitted in accordance with this Agreement within fourteen (14) days from the date of the invoice. Interest on arrears is due in the amount of 10 percentage points above the current base interest rate of the European Central Bank, without prejudice to other rights and remedies of RhinErender.
3.6 Should the client wish to refrain from doing so after the assignment but before completion of the agreed contractual services without this being done in accordance with any agreed right of withdrawal or termination, he must pay RhineRender the following lump sum of remuneration:
i. 25% of the agreed net remuneration up to 4 weeks before the agreed start of production,
ii. up to 2 weeks before the agreed start of production, 50% of the agreed net remuneration,
iii. up to 1 week before the agreed start of production 75% of the agreed net remuneration
iv. and less than 1 week before the agreed start of production 100% of the agreed net order value.
Both contractual partners reserve the right to prove higher or lower damage.
3.7 If RhinErender is obliged to make advance payments and, after conclusion of the contract, circumstances become known according to which a significant deterioration of the client's financial assets is to be assumed, e.g. as a result of an application to open insolvency proceedings, RhinErenders are entitled to demand payment or security in return for delivery or performance. If the client does not comply with this request, RhinErenders are entitled to withdraw from the contract subject to further legal rights.
3.8 If the client defaults on payment, RhinErender is entitled to withdraw from the contract after the fruitless expiry of an appropriate period and to claim compensation instead of performance. Irrespective of this, RhineRender reserves further legal rights and remedies.
3.9 The client can only offset his claims or assert a right of withholding if his counterclaim has been legally established or is undisputed. A right of retention also requires that its counterclaim is based on the same contractual relationship. In the event of defects in the contractual performance, the client's reciprocal rights remain unaffected.
§4 Provision of services
4.1 RhineRender's service consists of illustrating buildings and products using drawings, plans, views, sketches, etc. (also known as visualization); the creation of websites; and other online marketing-like services. Especially during visualization, an impression of the object should be obtained. For a better illustration, certain artistic freedoms in the presentation of the object are not objectionable.
4.2 RhinErender will carry out the order carefully. RhinErender can have the order carried out — in whole or in part — by third parties. Unless the client makes a written order to the contrary, RhinErender is free as to how the order is carried out.
4.3 RhinErender is entitled to commission third parties to perform all services even without the express consent of the client. Freelancers, freelancers or third parties engaged by RhinErender are vicarious or vicarious agents of RhinErender.
4.4 RhinErender requires existing digital files. If documents are only available on paper or in non-digital form, the client may incur additional costs for transmitting, scanning or incorporating the plans and information.
4.5 Minor requests for changes are included in the price. However, significant and late requests for changes may result in additional remuneration. RhineRender will notify the client of this in writing in good time and explain the additional costs.
4.6 The client must provide information and documents necessary for visualization (e.g. illustrations, drawings, plans) in good time. The contractor is not responsible for the breach of this obligation and is not liable for it.
§5 Transfer of risk
5.1 Work results are sent at the client's risk. As soon as the work results have left the (digital) premises and/or the contractor's control, the risk is transferred to the client, unless the contract expressly provides otherwise.
5.2 The client is obliged to examine the work results for defects or damage immediately upon receipt. Identified defects or damage must be reported to the contractor immediately in writing. Otherwise, the work result is considered defect-free and undamaged.
5.3 After receipt, the client is obliged to store the work results at his own expense and risk and to insure them against loss, theft, fire, water and other risks. This does not result in insurance claims against the contractor.
5.4 If shipping is delayed at the client's request, the work result is stored at the expense and risk of the client. In this case, the risk of accidental loss or deterioration of the work result is transferred to the client at the latest upon notification of readiness for shipment.
5.5 The sending and returning of data carriers, files and data online and offline as well as films, images and templates is generally at the expense and risk of the client; the client can determine how and by whom the delivery or return is made. If it does not make any relevant provision, the decision is made by RhinErender.
5.6 As part of the delivery of work results on physical data carriers, the risk is transferred to the contractual partner as soon as the work result is sent or handed over to the person carrying out the transport. This applies even if transport is carried out by employees or agents of RhinErender. In the event of collection, the risk is transferred to the client when the work results are handed over. If dispatch or collection is delayed as a result of circumstances for which the client is responsible, the risk is transferred to the client on the day of readiness for shipping/collection. Insofar as acceptance is required or agreed upon by law, this is decisive for the transfer of risk.
5.7 If several work results, such as pictures, are made available to the client for selection, the client must return the unselected work results immediately, but no later than within one week of receipt, unless a longer period has been agreed. The return is at the client's own expense and risk. RhinErenders are entitled to demand payment from the client for lost or damaged work results, unless RhinErenders is responsible for the loss or damage.
5.8 If images from Rhinerender's archive are provided to the client that are not related to his project, the client must return the unselected images within one month of receipt by the client, and the selected images within one month of use. If the client is in default with the return, RhinErenders are entitled to charge a blocking fee of 1 euro per day and image, provided that the client does not prove minor damage. In the event of loss or damage that precludes further use of the images, RhinErenders are entitled to compensation. This amounts to at least 1,000 euros for each original and 200 euros for each duplicate, provided that the client does not prove minor damage. RhinErender reserves the right to claim higher damages.
§6 Dates & Acceptance
6.1 Delivery dates are non-binding unless they have been expressly confirmed as binding by RhinEender.
6.2 If RhinErender is prevented from providing the service due to force majeure or other circumstances for which RhinErender is not responsible (such as unforeseeable obstacles, official orders, bad weather days such as heavy or continuous rain or storms during planned outdoor production, failure of models, speakers, performers, musicians or technical facilities/image processing programs through no fault of its own), agreed delivery times will be extended by the period of disability, as well as by an appropriate start-up period after cessation of disability. The same applies to the period in which RhineRender waits for information and cooperation from the client that are necessary for the provision of services. Should the resulting delay be unacceptable either for the client or for RhineRender, the individual order may be canceled or terminated. In such cases, the contracting parties are not entitled to a claim for compensation. In this case, any fees due and/or paid will remain with RhinErender.
6.3 If the client RhineRender sets a reasonable grace period after default, the client is entitled to withdraw from the contract after the expiry of this grace period without result; the client is only entitled to compensation within the limits set out in §12.
6.4 Unless otherwise agreed, the work results or partial results provided by RhinErender are considered accepted or accepted by the client if the client does not object in writing (e.g. by e-mail or letter) within five (5) working days of receipt and the objection is justified in detail. The customer has the right to reject work results only if they do not comply in significant respects with the agreed services, in particular with the specifications in a service description.
6.5 If there is a schedule for the performance of the contract, the client is obliged to approve or reject all documents and documents submitted by RhineRender within 3 working days of submission, giving reasons, in order to meet the planned schedule. Otherwise, the schedule may be delayed accordingly. Approved documents and documents automatically become part of the respective contract performance and replace any previous statements.
6.6 If the client delays the acceptance of work results or fails to fulfill his obligations to cooperate, he must reimburse RhinErender for the resulting damage, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the work result is also transferred to the customer as soon as he is in default of acceptance.
§7 Further obligations of the client
7.1 The client provides RhinErender with all necessary information, documents, data, programs and means to be able to fulfill the contractual obligations, including appropriate access to business premises and/or locations, if this is necessary for a project. The client also provides necessary permits and approvals by third parties (e.g. authorities, fire department, building authority, insurance companies; for example in the case of drone photography or a 360° image) in good time and at its own expense. RhinErender may require further appropriate cooperation or provision services from the client.
7.2 The client may fulfill obligations to cooperate and provide services himself or commission third parties to do so. Unless otherwise agreed, the client provides these services to RhineRender free of charge. The proper provision of contractual services depends on the fulfilment of obligations to cooperate. RhinErender is not responsible for performance deficiencies or delays that arise as a result of non-contractual cooperation or provision.
7.3 The client is obliged to meet the system requirements for using RhineRender services, such as the 3D product configurator or its project management tool, to use a modern Internet browser and to take appropriate IT security measures. The client keeps the system requirements up to date so that a new version of the RhineRender services can be made available at any time. RhinErender is exempted from the obligation to perform if the system requirements are not met and updated.
7.4 The client protects his login data from unauthorized use by third parties and immediately informs RhinErender if misuse is suspected. The client is not permitted to make the RhineRender services available to third parties or to create content for third parties without written consent. Prohibited acts, such as the distribution of offensive or infringing material, are prohibited.
7.5 The client is responsible for the published content and ensures that it is free from third-party rights and is in accordance with applicable law. RhineRender does not check the content for completeness, accuracy, legality, availability, quality, and suitability for a particular purpose. RhineRender reserves the right to delete, block or block content that violates contractual provisions or applicable laws.
§8 Industrial property rights, rights of use, retention of title
8.1 The client grants RhinErender all necessary rights to be able to properly use the materials provided by the client as part of the contractual services. This includes the right to use company names, logos, company names, trademarks, work titles and/or other industrial property rights as part of contractual services and the preparation of work results.
8.2 The client guarantees that he has all necessary rights for the contractual use of materials such as plans, sketches, images, films, texts, music and other supplies and that these are free from third-party rights. The client is obliged to check the material provided by him for existing copyrights or other proprietary rights of third parties and to obtain any necessary permits to use the material itself before making it available to RhineRender. The client is solely responsible for the content of the materials provided with regard to the regulations of competition, trademark, copyright, personality, youth, criminal, media and press law. RhineRender is not liable for claims by third parties arising from an infringement of copyright, competition, trademark, or other rights or the violation of criminal laws resulting from the use of the materials.
8.3 RhinErender remains exclusively the property of his and the client is only entitled to use the work results or in accordance with the respective contractual performance. Templates, files and other work equipment that RhinErender creates or has created in order to provide the contractual services remain the property of RhinErender. RhinErender grants the client a non-exclusive, non-transferable right to use the work results for the purpose agreed factually, spatially and temporally in accordance with the respective contract performance.
8.4 Any use of the material by the client beyond the contractually agreed use is generally prohibited, unless otherwise expressly agreed between the contractual partners. No co-copyright in favour of the client can be derived from suggestions made by the client or his agents in connection with the work results.
8.5 The client will indemnify, defend and hold RhinErender harmless from all losses, damages, fines, contractual penalties or costs (including reasonable costs of legal action) insofar as these arise from claims, demands, notifications or actions by third parties alleging an alleged infringement of industrial property rights, and insofar as they result from the provision of contract services by RhinErender or the use of work results prepared by RhinErender in accordance with the provisions of this Agreement and the respective agreement.
8.6 In addition, the client will indemnify, defend and hold RhinErender harmless from all claims, demands, notifications or lawsuits by third parties that arise as a result of a violation of legal regulations or other provisions or the infringement of third-party rights by the client or its suppliers in connection with the provision of contractual services by RhinErender or the use of work results produced by RhinErender.
8.7 The client undertakes to obtain all information and documents required by RhineRender to defend against third-party claims and to assist RhinEender in defending claims by third parties. In addition, in the event of a violation of third-party property rights, the client will immediately stop using the materials and inform RhineRender of the infringement.
8.8 Should an infringement of third-party property rights by the client or its suppliers result in RhinErender's liability, the client is obliged to indemnify RhinErender from all damage and costs incurred by RhinErender as a result of the infringement. This also includes reasonable costs of legal defense.
8.9 These regulations also apply beyond the end of the cooperation and remain effective in their remaining parts if individual provisions become invalid.
§9 Reference
9.1 RhinErender is entitled to use the client's name, trademark and/or logo as well as a general description of the services provided in its publications on the website, in social media, on other websites or in printed form.
9.2 For this purpose, the client RhinErender is granted a simple right that is unlimited in terms of time, content and space. This corresponds to the client's consent to the use of his protected trademarks and company marks, which are established by the contract between the parties. The client's right to object to the reference is regulated in accordance with Section 823 Paragraph 1 BGB and Section 19 Paragraph 2 Trademark Act and must be made in writing or by e-mail to office@rhinerender.de within two (2) weeks after the conclusion of the contract.
§10 Requests for changes
10.1 As part of the contract, changes, extensions or reductions in services may be agreed in writing between the client and RhineRender as long as the consistency of the subject matter of the contract is maintained.
10.2 The client's request for changes, such as other models, variants or other parameters, which allow RhinErer a selection discretion, is considered a request for change.
10.3 RhinErender must respond to a change request from the client within five working days and submit a supplementary and amendment offer, which describes the change in service and includes its effects on the service period, the planned dates and the remuneration.
10.4 If the change increases expenses or affects dates/delivery times, RhinErender may demand an appropriate increase in remuneration or a postponement of dates/delivery times.
10.5 If future expenses are reduced as a result of the change, RhinErender reserves the right to the originally agreed remuneration, but must be credited for what expenses are saved as a result of the change or can otherwise be earned.
10.6 The contracting parties must immediately agree on the content of the supplement and amendment offer.
10.7 Until an adjustment of the contractual performance has been agreed, RhinErenDer is entitled to act and be remunerated in accordance with the terms of the original contract performance, unless the client requires that the provision of services be interrupted in whole or in part.
10.8 If work must be interrupted in connection with the proposed amendment, the performance periods will be extended by at least the number of working days on which the work was interrupted.
10.9 RhinErender may claim the agreed remuneration for the duration of the interruption, but must be credited for the expenses saved as a result of the interruption.
§11 Warranty
11.1 RhinErender undertakes to provide all contractual services professionally and professionally with the care of an ordinary businessman and in accordance with this Agreement, the relevant contract performance and generally accepted industry standards.
11.2 If RhinErender fails to provide contractual services or does not perform them properly or otherwise commits a breach of duty, the client must immediately report this in text form and grant a reasonable period of grace within which RhinErender is given the opportunity to properly fulfill its obligation or to remedy the situation in any other way. RhinErender will then make reasonable efforts to correct the corresponding inaccurate contractual services at its own expense. If RhinErender is finally unable to improve the contractual services or otherwise remedy the situation, RhinErender must reimburse the client for that portion of the remuneration that is attributable to the incorrect or not provided contractual services.
11.3 The warranty period begins with acceptance by the client or as soon as the respective work result is considered accepted and ends after 12 months.
11.4 Unless the client provides a specific layout or briefing and has therefore not provided express instructions regarding the design of the work results, warranty claims are excluded for artistic reasons alone (freedom of artistic design). In particular, there is no defect when mere design-artistic elements deviate from the client's ideas, but the client's basic performance requirements have been implemented in line with industry-standard quality and quality.
11.5 RhineRender is liable for the light stability and durability of photographs exclusively as part of the warranty services provided by the manufacturers of the photo material, or for printed products of the printed material and the printing press. RhineRender is only liable for the durability of the data carriers within the scope of the warranty provided by the manufacturer of the data carriers.
11.6 RhinErender is not liable and is not obliged to correct any deficiencies or imperfect work results or to remedy in any other way if
i. these were caused by action or omission on the part of the client,
ii. the client has made changes or extensions to work results without the prior written consent of RhinEender,
iii. The client changes work results, used them incorrectly or damaged them in any other way, unless RhinErender or one of its vicarious agents is responsible for this damage,
iv. RhinErender was not notified immediately after discovery of the defect in text form and
v. the client is involved to an appropriate extent in identifying, analyzing and narrowing down the defect. The limits set out in Section 12 apply to compensation or reimbursement of futile expenses.
11.7 In addition, RhinErender's liability for defects that do not or only insignificantly impair the value or fitness for use is excluded. For example, in the case of color reproductions in all manufacturing processes, only slight deviations from the original cannot be complained about. The same applies to the comparison between other templates (e.g. digital proofs, printing) and the end product/work result.
§12 Liability limitation
12.1 RhinErer's liability for damages arising from or in connection with the contractual services to be provided by RhinErenDer, irrespective of the legal basis, in particular from impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort is excluded, unless these are claims for compensation by the client arising from injury to life, body, health or from the injury of material Contractual obligations and liability for other damages based on an intentional or grossly negligent breach of duty by RhineRender, its legal representatives or vicarious agents.
12.2 In the event of a breach of essential contractual obligations, RhineRender is only liable for foreseeable damage typical of the contract if this was simply caused by negligence, unless the client is entitled to compensation arising from an injury to life, body or health. In this case, however, the foreseeable damage typical of the contract is — regardless of the number of claims — limited in total to an amount of 100% of the net compensation provided for in the relevant contract performance (“maximum liability amount”). In addition to the maximum liability amount, RhineRender can only be claimed if insurance coverage exists in Rhinerender's favor and has actually provided the insurance. At the written request of the client, RhinErenDer will assign its claims against the insurance company in connection with the relevant facts to the client, provided that the latter has not yet made any payments to RhinErender or to the client and an assignment is permitted in accordance with the agreements with the insurer.
12.3 The restrictions in accordance with §12.1 and §12.2 also apply in favour of RhineRender employees, legal representatives and vicarious agents if claims are made directly against them.
12.4 The limitations of liability arising from §12.1 and §12.2 do not apply insofar as RhinErender has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as RhinErender and the client have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
12.5 RhinErender's liability for lost profit or income or expected savings, for loss of data, reduction of goodwill or lost business transactions, for indirect or sequential damage, for loss of business or other loss of use, and for other pure financial losses arising from or in connection with this Agreement is excluded to the extent permitted by law.
12.6 In the event of loss of data, even below the maximum liability limit agreed in § 12.2, RhinErender is only liable for the effort required to restore the data if data is properly backed up by the client.
The client's claims for reimbursement of expenses are limited to the amount of interest that the client has in fulfilling the contract.
12.7 The rules of burden of proof remain unaffected by the provisions of this Section 12.
§13 Statute of limitations
13.1 Claims for defects expire one year from delivery or acceptance of the respective work results by RhinErender. In the event of subsequent performance, the limitation period does not begin again. Other contractual claims by the client due to breaches of duty by RhinErender and all non-contractual claims also expire within one year, beginning with the start of the statute of limitations provided for by law. In the event of intent, gross negligence, malice, personal injury, assumption of a quality guarantee, existence of a legal defect due to which third parties can demand the surrender of the delivered items, or in the case of claims for damages under the Product Liability Act, the statutory limitation period applies.
13.2 The suspension of the limitation period for claims in connection with the contractual relationships between RhineRender and the client in accordance with Section 203 BGB ends as soon as a party refuses to continue negotiations on the claim or the circumstances giving rise to the claim. Continuation of negotiations is considered refused unless there is an express written statement that the negotiations have failed and six months have elapsed after the last correspondence relating to the claim or the circumstances giving rise to the claim has elapsed.
§14 Exemption
14.1 The client releases RhinErender from third-party claims that arise as a result of RhinErender's use of the content in accordance with the contract and permitted and infringe the intellectual property rights of the third party. Intellectual property rights include copyrights, trademark rights, or patents. However, this exemption does not apply if claims arise because RhinErender did not use the content in accordance with the contract.
14.2 RhinErender undertakes to indemnify the client from all claims, liabilities and costs (including reasonable legal costs) arising in connection with the infringement of third-party rights, in particular property rights, as a result of the contractual use of the RhineRender services and content created. This means that RhineRender will be responsible for any legal problems arising from the use of their services as long as the client uses the services in accordance with the contract.
§15 Contract duration, extension and termination
15.1 Unless otherwise agreed, the minimum contract period for RhineRender services, such as the 3D product configurator, room configurator, (list not exhaustive), is 12 months and begins with acceptance of the offer by RhineRender.
15.2 The contract is automatically extended by 12 months unless the contract is terminated in writing in writing four (4) weeks before the end of the contract period.
15.3 The right to terminate the contract without notice for good cause remains unaffected. There is an important reason for immediate, extraordinary termination by RhinErender in particular if:
i. the client commits an incurable breach of contract, in particular repeatedly fails to comply with one of its contractual obligations despite a warning or seriously and definitively refuses to fulfill this obligation;
ii. the client is at least 30 days in arrears with payment despite a reminder;
iii. insolvency proceedings have been opened against the client's assets or insolvency occurs.
§16 Confidentiality
16.1 RhinErender undertakes to keep all confidential information, data and documents received from the client in connection with the business relationship confidential and to use them exclusively for the execution of the contract. Unless otherwise agreed, the information provided by the client is not considered confidential.
16.2 The contracting parties mutually undertake to keep confidential all information and documents received or become known to them from the other contractual partner during the execution of the contract, even after the end of the contract — subject to existing statutory disclosure obligations — insofar as they are marked as confidential or contain trade or business secrets worth protecting.
16.3 The foregoing obligation does not apply if and to the extent that the party receiving the Confidential Information (the “Receiving Party”) proves that:
i. the information provided to the Receiving Party was already known to the Receiving Party without the Receiving Party being bound to secrecy;
ii. the receiving party received the information in good faith from a third party who was lawfully in possession of it and was not required to keep it confidential;
iii. The information was publicly known at the time it was received by the Receiving Party or became public through means other than a breach of this Agreement;
iv. the information was developed independently by the receiving party without using the other party's confidential information;
v. disclosure of information is required by applicable laws or regulations or as part of judicial or administrative proceedings.
§17 Data protection
17.1 The parties are aware of the particular importance of data protection and data backup. You agree to comply with all data protection regulations, in particular the provisions of the European General Data Protection Regulation (GDPR) and the data protection law applicable in Germany.
17.2 The client agrees and will — insofar as required under applicable data protection law — take appropriate precautions for RhinErender and the companies associated with them to process its contact information, including names, telephone numbers and e-mail addresses of its contact persons, as part of existing business relationships and, for example, to subcontractors for the purpose of the contract, including communication with the client.
17.3 The processing of personal data within the framework of the contractual relationship is subject to the current “Privacy Policy”, which is available on RhineRender's website.
§18 Final provisions
18.1 The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG) and to the exclusion of the referral rules of German international private law in its currently valid version.
18.2 The exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Cologne, Germany.
18.3 Should any part of these terms and conditions be or become unenforceable, void or ineffective in whole or in part, the effectiveness and enforceability of the terms and conditions themselves and the remaining contractual provisions shall remain unaffected. The parties will endeavour to replace unenforceable, void or ineffective provisions with those effective and enforceable provisions that come closest to the parties' economic purpose.
18.4 All attachments, service descriptions and product sheets referred to in these terms and conditions form an integral part of the contract.
18.5 The client may not assign its rights under or in connection with this Agreement, in whole or in part, or transfer its obligations hereunder without the prior written consent of RhinErender. Any assignment contrary to this §18.5. is void and ineffective.
18.6. Should one or more provisions of this agreement be or become legally invalid or unenforceable, or should there be a gap in the agreement, this does not affect the validity of the remaining content of the contract. Ineffective or unenforceable provisions shall be replaced by such effective and enforceable provisions as best meets the will of the contracting parties as expressed in the agreement. The same applies to gaps in the agreement.