Status: August 2025
General Terms and Conditions for the Provision of Services by Viridis Arts & Media, Kristin Ebert, Pfälzer Ufer 4, 06108 Halle (Saale), email: kristinebert@viridisartsandmedia.com (hereinafter referred to as the "Contractor") to its customers (hereinafter referred to as the "Client")
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor by these GTC.
1.2 The Contractor is entitled to assign the necessary services to subcontractors in its name and on its account, who in turn may also use subcontractors. The contractor remains the sole contractual partner of the client. Subcontractors shall not be used if it is apparent to the contractor that their use would be contrary to the legitimate interests of the client.
1.3 Insofar as, in addition to these General Terms and Conditions, other contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these other contractual documents shall take precedence over these General Terms and Conditions in the event of a conflict.
1.4 The Contractor does not recognize any terms and conditions used by the client that deviate from these terms and conditions, unless expressly agreed.
2. Subject matter of the contract and scope of services
2.1 The contractor shall provide the following services to the client as an independent contractor: event services, publishing services, audio services, and services as a writer and author.
2.2 The specific scope of services shall be the subject of individual agreements between the contractor and the client.
2.3 The contractor shall provide the contractual services with the utmost possible care and diligence by the latest standards, rules, and findings.
2.4 The contractor is obliged to provide the services owed under the contract. However, in performing his activities, he is not subject to any instructions regarding the type of service provision, the place of service provision, or the time of service provision. However, when scheduling working days and allocating time, the contractor shall determine the schedule in a manner that achieves optimum efficiency in their work and the realization of the contract's subject matter. The contractor shall only provide services in consultation and coordination with the client.
3. Client's obligations to cooperate
The client is responsible for providing the information, data, and other content required for the performance of the services completely and accurately. The contractor shall not be liable to the client in any way for delays in the provision of services caused by late and necessary cooperation or assistance on the part of the client; the provisions under the heading "Liability/Indemnification" remain unaffected by this.
4. Remuneration
4.1 Remuneration shall be agreed upon in individual contracts.
4.2 Remuneration shall be paid after the services have been rendered. If remuneration is calculated on a time basis, it shall be paid after the expiry of the individual periods (§ 614 BGB). In the case of expense-based billing, the contractor is entitled, subject to deviating agreements, to bill the services rendered every month.
4.3 The contractor shall send the client an invoice by post or email (e.g., as a PDF) after the services have been rendered. The remuneration is due for payment within 14 days of receipt of the invoice.
5. Liability/Indemnification
5.1 The contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, based on a guarantee promise, unless otherwise specified in this regard, or based on mandatory liability. Suppose the contractor negligently breaches an essential contractual obligation. In that case, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies by the preceding sentence. Essential contractual obligations are those imposed by the agreement on the contractor to achieve its purpose. Fulfilling these obligations is necessary for the contract's proper execution, and the customer may regularly rely on their observance. Otherwise, the contractor's liability is excluded. The above liability provisions also apply about the contractor's liability for its vicarious agents and legal representatives.
5.2 The client indemnifies the contractor against any claims by third parties asserted against the contractor due to breaches of these contractual terms and conditions or applicable law by the customer.
6. Term of contract and termination
6.1 The term of the contract and the notice periods for ordinary termination shall be agreed individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 Upon termination of the contract, the contractor shall immediately return or destroy all documents and other content provided to it, at the customer's discretion. The assertion of a right of retention in this regard is excluded. Electronic data must be deleted entirely. This does not apply to documents and data that are subject to a longer statutory retention period, but only until the end of the respective retention period. Upon request, the contractor shall confirm the deletion to the company in writing.
7. Confidentiality and data protection
7.1 The contractor shall treat all information that comes to its knowledge in connection with the order as strictly confidential. The contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the contractual information. The confidentiality obligation shall remain in force indefinitely beyond the term of this contract.
7.2 The contractor undertakes to comply with all data protection regulations when performing the contract, in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8. Final provisions
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
8.3 The client shall support the contractor in the performance of its contractual services by providing reasonable cooperation, where necessary. In particular, the client shall provide the contractor with the information and data required for the fulfillment of the order.
8.4 If the client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree that the contractor's registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.
8.5 The contractor is entitled to amend these General Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or business or corporate strategy) and subject to reasonable notice. Existing customers will be notified of this by email at least two weeks before the change takes effect. If the existing customer does not object within the period specified in the change notification, their consent to the change shall be deemed to have been given. If they object, the changes shall not take effect; in this case, the contractor shall be entitled to terminate the contract extraordinarily at the time the change takes effect. The notification of the intended change to these General Terms and Conditions shall indicate the deadline and the consequences of the objection or failure to object.
9. Information on online dispute resolution/consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. The platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchases or service contracts involving a consumer. The provider is neither willing nor obliged to participate in consumer dispute resolution proceedings under the VSBG. Our email address can be found in the header of these General Terms and Conditions.