General Terms and Conditions of MIKA MONDO
These general terms and conditions of use and services (hereinafter referred to as the “General Terms and Conditions”) refer to the separate contract to be signed between:
the PR agency MIKA MONDO (hereinafter: the “Agency”), Markgrafenstraße 36, 10117 Berlin, Germany.
the contractual partner of MIKA MONDO (hereinafter: the “Customer”)
§ 1 Subject of the contract
The customer assigns the Agency with the consulting in questions of public relations. The activity also includes the planning, development, design and implementation of public relations on the basis of a topic and action plan developed by the Agency and / or the concept and / or the booked package.
§ 2 Services of the Agency
The agency provides services as far as they are agreed with the customer or specifically requested. In particular:
(1) Consulting, planning and overall work, as well as coordination with the customer on the use of the available budget. e.g.:
(a) Ongoing consultation with the client on all public relations issues within the scope of assigned duties.
b) Development and submission of a plan of topics and measures and/or conception of public relations with proposals for the implementation of individual projects and measures.
c) Planning of individual projects and measures and preparation of work plans for up to 3 months in advance or single action plans.
d) Preparation, conduct and eventually protocol for ongoing customer meetings (only for Gold and above packages).
e) Observation of the media and opinion market in the customer’s area, insofar as this is necessary for consulting within the scope of this contract. Third-party costs are incurred for this by an appropriate service provider (e.g. Argus, Cision).
After consultation and approval of the developed topic and action plan and/or concept by the customer, the agency will take over the implementation of the approved projects and measures, or booked packages, which are recorded according to type and scope in the action plan or other activity plans.
This may include, in particular:
a) Establishing and maintaining contacts with media, multipliers and opinion leaders in terms of PR tasks.
b) Carrying out ongoing information work towards media such as online, print, radio and TV.
c) Individual agreement and execution of exclusive publications in individual media.
d) Planning and execution of information events such as press conferences.
e) Planning, organization and execution of special PR campaigns.
f) Selection, briefing and engagement of freelancers such as specialist authors or photographers.
g) Implementation work, the nature of which is determined by the special character of the project or measure.
For fulfillment, the Agency is also entitled to engage third parties to perform tasks. The Customer agrees to the use of cloud services (e.g. Google Drive).
(3) When using paid media to convey information, the Agency shall advise on the selection of the media. After the corresponding order of the customer, it also takes over the allocation and conclusion of the insertion orders if desired. The Agency sends the approved documents and controls the implementation of the insertion.
(4) Insofar as it is necessary for the realization of projects and measures, the Agency shall, by agreement, also undertake work customary to the Agency with special tasks that are not listed above.
§ 3 Tasks and Duties of the Customer
(1) The Customer shall provide the Agency with all information available to it which is necessary for the performance of the tasks assumed.
(2) The Customer shall inform the Agency of the available budget. Prior to the determination of the budget, the Agency shall not be obligated to provide new services or to continue services that have not yet been completed and for which the intended budget has already been used up due to measures coordinated with the Customer.
(3) The Customer shall review the conception presented as well as the respective proposed projects and measures and also the information intended for publication. Without prior approval, the Agency shall not be obliged to implement the proposed projects and measures.
(4) Insofar as the Customer cancels the implementation of individual projects or measures based on the approved conception, the Customer shall be obligated to release the Agency from all liabilities already incurred and to compensate the Agency for all damages resulting from such projects or measures due to the cancellation or modification. In addition, the Agency is entitled to compensation, for the services already prepared and provided up to that point, in accordance with the agreements made, taking into account any services saved.
(5) The Agency also expressly refers to the Customer’s duties to cooperate, which are necessary for the fulfillment of the Agency’s tasks (e.g. forwarding of information, availability, additional work, releases). The agreed basic fee shall also be due if less than the agreed scope of services was provided due to a lack of cooperation on the part of the Client.
§ 4 Payment
The Agency’s payment shall be based on the type and scope of the respective services. The Agency distinguishes between the following cost groups:
(1) Own services
Services rendered by the Agency within the scope of consulting, planning, development and implementation with its employees shall be charged as follows:
(a) For consulting, planning and provision of the required service capacity, as well as for the implementation of projects and measures pursuant to § 2, the Agency shall receive a monthly, flat-rate basic fee. This will be stated separately in the contract to be signed, after agreement of the booked package.
For work that arises outside this package service, or that arises after the package has been canceled or terminated, the agency shall receive an implementation fee of EUR 195/hour, calculated according to the personnel and time required. The fee for crisis communication is EUR 250/hour. The calculation of the personnel and time expenditure is carried out internally by means of time recording and reporting.
b) If the booked package is not canceled in writing 14 days before the end of the booked month, or if an upgrade or downgrade is requested in writing, the basic fee named in a) will continue to apply monthly.
c) The prices will be adjusted annually to any rising, officially determined inflation rate.
All services of the Agency shall be subject to the statutory value added tax, insofar as this is actually incurred.
(2) In the case of costs arising from the commissioning of third parties, the following procedure shall apply:
a) Third-party costs (e.g. print products, media bookings) will be charged to the customer with a handling surcharge of 15%. In the case of commissioning third parties in matters of artistic performance (e.g. photographers, influencers), which fall within the scope of the artists’ social security fund, 20 % will be passed on.
b) If the Agency, after separate commissioning, also assumes the payment service including advance payment and the associated contractual obligations, a fee of 15 % shall be agreed to cover the handling costs of the commercial staff and for debt service.
(3) Expenses incurred by the Agency in the course of the performance of this Agreement shall be charged against evidence. This also includes the costs for travels which become necessary within the scope of the Agency’s duty of care. These costs will be discussed in advance and will only be invoiced after approval by the customer.
§ 5 Terms of payment
(1) Invoicing for services of the Agency shall be made monthly in advance. Invoicing for costs incurred through the commissioning of third parties and for expenses shall be made monthly in arrears or after completion of the project or measure. Invoices issued by the Agency shall be payable immediately upon receipt, without deduction.
(2) Orders to third parties are placed by the Agency in the name and for the account of the Customer.
§ 6 Acquisition of rights
(1) Upon payment of the remuneration due, the Agency shall transfer to the Customer the rights of use required for the use of its own services. In case of doubt, the Agency shall fulfill its obligation by granting non-exclusive rights of use in the respective area of the commission for a limited period of time for the duration of the use of the Agency’s own work. Any use beyond this, in particular editing and modification, shall require the prior written consent of the Agency.
(2) Rights of use for services that have not been fully paid for at the end of the contract shall remain with the Agency, subject to any other agreements made.
(3) Excluded from this transfer obligation are rights of the Agency to its own planning procedures, software programs and media buying methods, which represent the Agency’s company-specific know-how.
(4) The transfer of rights of use from the Customer to third parties requires the prior written consent of the Agency.
(5) The transfer of usage rights of third parties (e.g. photographer) is subject to their respective terms and conditions.
§ 7 Liability
(1) The Agency shall only be liable for intent and gross negligence – except in the case of breach of essential contractual obligations, injury to life, limb or health or in the case of claims arising from the Product Liability Act.
2) The risk of the legal legitimacy of a measure shall be borne by the Customer. This applies in particular in the event that measures violate provisions of competition law, copyright law and special advertising laws. The examination of legal questions, especially from the area of copyright, competition and trademark law, is not the responsibility of the agency. The Agency shall not be liable for the protectability or registrability under patent, design, copyright and trademark law of the suggestions, proposals, concepts, drafts, etc. supplied within the framework of the contract.
(3) If the client decides to carry out a measure, he assumes sole liability.
§ 8 Duration of the order
(1) See §4 b).
§ 9 Employment of staff
(1) Both contracting parties undertake, for the duration of the cooperation of the parties and for a period of one year after the termination of the cooperation, neither to hire nor otherwise employ employees of the respective other contracting party. Otherwise, a fee in the amount of 60,000.- Euro shall be paid by the party hiring or otherwise employing the employee.
§ 10 Miscellaneous
(1) Amendments, extensions and other ancillary agreements must be in writing to be effective.
(2) The Agency may name the Customer and use its logo as a reference.
(3) Should any provision of the signed contract be or become invalid, the validity of the rest of the contract shall not be affected. The contracting parties undertake to replace the invalid provision with one that economically corresponds to the purpose of the contract.
(4) Within the scope of the cooperation, the Agency will compile and store data, files and documents that may contain personal data. The customer agrees that these may be used internally for communication and further processing, and may also be transmitted to external (third) parties, e.g. multipliers such as journalists.
(5) Place of performance and jurisdiction is Berlin. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the following shall apply: The place of jurisdiction for all disputes arising from the signed contract shall be the registered office of the Agency. Place of performance is the registered office of the agency. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
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