General terms and conditions of business
for providing services
Khozari media & more
represented by Mazen Khozari
Building A1, Dubai Digital Park, Dubai Silicon Oasis
Dubai, UAE
(hereinafter referred to as user)
I. General
The following general terms and conditions apply to all orders placed with us. Conflicting general terms and conditions of the client do not become part of the contract. If the client’s general terms and conditions conflict, an agreement on the relevant conditions is required. In the event of non-agreement, the conclusion of the contract becomes effective provided that both parties mutually begin to execute the contract.
II. Presentation
Any use, even partial, of work and services presented or handed over by us with the aim of concluding a contract (e.g. the creation of drafts and samples), whether protected by copyright or not, requires our prior consent. This also applies to use in modified or edited form and to the use of the ideas underlying our work and services.
III. Processing of orders
1.
Verbal agreements are recorded by us. The meeting minutes sent by us are binding if the client does not object immediately upon receipt.
2.
Templates, files and other work materials (in particular negatives, models, sketches, samples, drafts, etc.) that we create or have created in order to provide the service owed under the contract remain our property. We are not obliged
to store it.
IV. Placing orders to third parties
1.
We are entitled to carry out the work assigned to us ourselves or to commission third parties to do so.
2.
We are entitled to place orders on behalf of the client for the production of advertising material, in the creation of which we are contractually involved. The client hereby expressly grants the corresponding power of attorney.
3.
The user only has secondary liability for inadequate performance of the advertising media. The client is obliged to assert warranty claims against the advertising medium in advance. Only if the advertising medium does not perform
or finally refuses to perform can the user be held liable. If the client is a merchant, the advertising medium must be prosecuted before the user can make a claim.
V. Delivery, delivery times
1.
Our delivery obligations are fulfilled as soon as we have dispatched the work and services. The client bears the risk of shipping (damage, loss, delay, etc.).
2.
Delivery deadlines are only binding if they have been agreed in writing and if the client has properly fulfilled any obligations to cooperate (e.g. procurement of documents, releases).
3.
Templates and drafts provided by the user are only binding in terms of color, image or sound design if their feasibility is confirmed by us in writing.
4.
The user assumes no responsibility for checking or guaranteeing that the commissioned production violates competition, trademark, copyright regulations or other third-party rights.
5.
The user reserves ownership of the goods until all payments under the contract have been received.
VI. Payment terms
1.
Agreed prices are net prices, to which the applicable VAT is added. Artists‘ social security contributions, customs duties or other taxes, including subsequent taxes, will be passed on to the client.
2.
Our invoices are due for payment 10 days after the invoice date without any deductions.
3.
Rights to our services, in particular copyright usage rights, are only transferred to the client once all invoices relating to the order have been paid in full.
4.
If the client behaves in breach of contract, in particular if he does not meet his payment obligation despite a reminder from the user, the contractor can, after setting a reasonable deadline, withdraw from the contract and demand
the return of the goods that are still his property. Taking back the goods by the user constitutes a withdrawal from the contract. The client bears the resulting transport costs.
VII. Rights of use
The user will only transfer the rights of use necessary for the use of the agreed work and services to the client after payment of the final invoice. Any use that goes beyond the contractual purpose, in particular processing, requires the consent of the user.
VIII. Warranty Liability
1.
The client must inspect work and services delivered by the user immediately upon receipt, but in any case before further processing, and report defects immediately upon discovery.
If there is no immediate inspection or notification of defects, the buyer has no claims
