1) Contract Formation / Requirement of Written Form
1.1 Legally binding contracts with Fish Blowing Bubbles GmbH (FBB) are only valid if signed in handwriting by the Managing Director or an expressly authorized representative.
Digital orders, emails, phone calls, or payments without a signed contract shall have no binding legal effect.
1.2 External service providers, employees, or third parties are not authorized to conclude contracts on behalf of FBB. Repeated tolerance of payments or actions shall not establish any contractual relationship.
2) Cooperation / Duties of the Client
2.1 The client shall support FBB in fulfilling the contract by providing all necessary information, data, and materials in due time and appropriate form.
2.2 The client is fully responsible for the accuracy and legality of the materials provided. FBB is not obliged to verify such materials. The client shall indemnify FBB from any third-party claims arising therefrom.
3) Website Use / AI-Generated Content
3.1 The FBB website is provided solely for information and acquisition purposes. No contracts are concluded via the website. Inquiries via forms or email do not constitute binding orders.
3.2 Contents (texts, images, animations) may be created partially or entirely using artificial intelligence (AI) systems. FBB does not warrant the accuracy or completeness of such content. Use is at the client’s own risk.
4) Offers, Cost Estimates and Additional Costs
4.1 Offers by FBB are estimates based on the requirements known at the time of preparation. They do not constitute fixed prices unless expressly designated as such.
4.2 Additional requirements, change requests, or supplementary services shall be invoiced separately based on actual effort.
4.3 Delays caused by the client or its agents shall result in additional costs, which shall be invoiced separately.
4.4 Cost increases due to circumstances outside FBB’s control (e.g., energy price increases, inflation, taxes, surcharges) entitle FBB to adjust its remuneration accordingly.
4.5 If an agreed payment schedule is delayed by the client, FBB is entitled to pass on financing and interest costs incurred as a result.
5) Deadlines
5.1 Deadlines and delivery dates may only be confirmed on behalf of FBB by its legal representatives, the designated contact persons, or their deputies.
5.2 Fixed delivery dates and deadlines are valid only if confirmed in writing and expressly designated as binding.
5.3 Compliance with deadlines and dates requires the possibility of performance as well as proper and timely fulfillment of the Client’s obligations. Delays caused by force majeure or by circumstances within the Client’s responsibility shall not be attributable to FBB and entitle FBB to postpone the provision of the affected services for the duration of the impediment plus a reasonable start-up period. FBB shall inform the Client of delays caused by force majeure.
6) Change of Services
5.1 Change requests must be submitted in writing. FBB will assess the impact on timing, costs, and workload. Additional services not foreseen in the original scope will be invoiced separately.
7) Remuneration / Payment Terms
6.1 Unless otherwise agreed, invoicing is based on FBB’s current daily rates and actual work performed.
6.2 Invoices are due within 14 days net without deduction. For longer projects, FBB may request installment or advance payments.
6.3 Payments without a valid written contract are considered without acknowledgment of legal obligation and do not establish contractual rights.
8) Rights / Retention of Title
8.1 The client receives simple, non-exclusive usage rights to the final deliverables. Non-final project data, files, and processes remain the property of FBB.
8.2 Use of services is only permitted until full payment has been received. FBB may revoke usage rights in the event of default.
9) Infringement of Intellectual Property Rights
9.1 FBB shall indemnify the Client against all third-party claims based on intellectual property rights (patents, licenses, copyrights, or other IP rights), provided that the Client promptly notifies FBB of such claims. Failure to notify promptly shall void the indemnification.
9.2 In the event of an infringement, FBB may, at its own discretion and expense, remedy the situation (e.g., by modification, replacement) or acquire the necessary usage rights for the Client.
10) Liability
10.1 FBB shall only be liable for intent and gross negligence. For slight negligence, liability applies only in cases of breach of material contractual obligations or damages to life, body, or health.
10.2 The client is solely responsible for the content and materials provided. The client indemnifies FBB from all related third-party claims.
11) Provided Items / Data Material
11.1 Fish Blowing Bubbles GmbH shall not be liable for provided items of any kind. Such items are stored at the client's expense and risk at Fish Blowing Bubbles GmbH. Fish Blowing Bubbles GmbH is entitled, upon prior written notice, to store such items at third-party facilities at the client's expense. In the event of loss and/or damage to materials provided for processing, Fish Blowing Bubbles GmbH's liability is limited to the replacement delivery of raw materials equivalent to the lost or damaged materials.
11.2 There is no obligation for Fish Blowing Bubbles GmbH to have insurance for these types of items.
11.3 After the project is completed, the transfer and/or working materials (handover of final data files) generated during the provision of services at Fish Blowing Bubbles GmbH will be retained for a period of one month. Fish Blowing Bubbles GmbH reserves the right to delete transfer and working data, as well as transfer and working tapes, after this period. Upon the client's request, these data can be stored in Fish Blowing Bubbles GmbH's internal data backup system. They can then be restored in the event of a follow-up project. The costs for restoration shall be borne by the client according to the current price list.
12) Non-Solicitation
12.1 The client agrees not to solicit or hire FBB employees during the cooperation and for one year thereafter. In case of breach, the client shall pay a contractual penalty set by FBB, subject to judicial review.
13) Confidentiality / Press
13.1 All confidential information must be kept secret. Publications require written consent.
13.2 FBB may use provided services for reference and demonstration purposes, unless the client proves a prevailing legitimate interest to the contrary.
14) Data Protection & Consent
14.1 FBB operates a consent management tool on its website that enables users to revoke or adjust their consent regarding cookies and data processing at any time.
15) Termination for material breach
15.1 Fish Blowing Bubbles GmbH is entitled to terminate the contract prematurely for good cause.
A particularly important reason includes:
- a material breach of contract
- change in the company's circumstances or significant deterioration of the financial situation of the client, especially in the case of persistent, substantial payment arrears or default regarding other essential obligations
- dishonoring or protest of checks or bills of exchange
- insolvency- application for the opening of insolvency proceedings
15.2 In the event of termination by Fish Blowing Bubbles GmbH for good cause, Fish Blowing Bubbles GmbH is entitled to invoice for the services provided, regardless of their usability by the client. For services not rendered, §649 Sentence 2 BGB applies.
16) Termination & Contract Renewal
16.1 Terminations must be submitted in writing by original signed letter. Termination by email, fax, or phone is excluded.
16.2 Automatic renewals without explicit written confirmation by the Managing Director are invalid.
17) Other
17.1 Assignment of claims is only permissible with the prior written consent of the other contracting party. The consent must not be unreasonably withheld. The provisions of § 354a HGB remain unaffected by this.
17.2 The contracting parties can only set off claims that are undisputed or legally determined.
17.3 Fish Blowing Bubbles GmbH is permitted to mention the client as a reference on its own website or in other media. Additionally, Fish Blowing Bubbles GmbH may publicly reproduce the services provided for demonstration purposes (e.g., in a portfolio) or refer to them, unless the client can assert a legitimate opposing interest.
18) Final Provisions
18.1 Amendments or modifications of contracts must be in writing. This also applies to any waiver of the written form requirement.
18.2 German law applies exclusively. Place of performance and jurisdiction is Munich, provided the client is a merchant or legal entity under public law.
18.3 In case of dispute, the client bears the burden of proof that a valid contract was concluded with FBB by handwritten signature of the Managing Director.
