From the first conclusion of the contract, the price lists, product descriptions and general terms and conditions automatically form the basis for all further contracts between NTS GmbH and the respective client in the current version, even if no more express reference is made to these price lists, product descriptions and general terms and conditions.
1.2. REQUIRED DATA AND DOCUMENTS
Only when all the necessary data (such as documents, access data, texts, images and content) are available for the desired project can a deadline be set with the customer and work on this project can begin.
3.1. FUTURE CHANGES
Changes to the price lists, product descriptions and general terms and conditions of NTS GmbH will be announced to the customer in writing and are deemed to be agreed if entrepreneurs do not object within two weeks and consumers do not object within four weeks.
01.04. SUPPLEMENTARY AGREEMENTS
All forms of additional agreements, both before the contract is concluded and during the term of the contract, must be in writing to be valid. This also applies to entrepreneurs for deviations from the written form requirement.
01.05. CONTRACTUAL COMPONENTS BY THE CLIENT
Service descriptions coming from the client will only become effective, even if they are known to NTS GmbH, if they are accepted in writing by NTS GmbH. Legal texts coming from the client will only become effective, even if they are known by NTS GmbH, if they are expressly accepted by NTS GmbH with a legal text that includes a comprehensive additional note (such as “GTC accepted”). Otherwise, NTS GmbH expressly objects to the inclusion of legal texts from the client. The mere acceptance of service descriptions by the client by NTS GmbH therefore does not result in the acceptance of legal texts by the client, even if these contain legal texts (such as “Our general terms and conditions apply.”).
1.6. PROCEDURE FOR CONTRADICTIONS
In the event of contradictions between the offer, any price lists and product descriptions and the general terms and conditions of NTS GmbH, these apply in the order mentioned. The individual offer therefore takes precedence over all other contractual elements. In the event of contradictions between contractual elements from NTS GmbH and contractual elements from the client, the contractual elements from NTS GmbH take precedence.
01.07. PROCEED INACTIVITY
Should individual provisions of the contract be ineffective or unenforceable, an ineffective provision in contracts with entrepreneurs is to be replaced by an effective provision that comes as close as possible to the economic meaning and purpose of the ineffective provision.
01.08 USE OF CHANNELS
Channels created by the service provider remain in its possession even after the contract has been terminated. The invoice created for setting up the channel justifies the time it takes. If the customer’s social media channels were already available at the time the contract was concluded, they will remain in his possession. At the start of the contract, the customer must ensure that the service provider is given administrator rights for the channels for the duration of the contract. Our service is provided as soon as the postings have been formulated and handed over to the customer. If the contract is terminated early, it is no longer in our discretion / task to put the postings online.
02. CONCLUSION OF CONTRACT
1.2. OFFER BY NTS GMBH
The basis for the contract is the respective offer and the associated order confirmation (AB) from NTS GmbH to the client. The offers from NTS GmbH are free, subject to change and non-binding. If the client places an order, the client is bound to it for two weeks after receipt at NTS GmbH.
Research on projects such as Software, extensions, services etc. that are carried out by NTS GmbH for offers and / or projects are subject to a charge. A flat rate will be charged for this, even if no order comes about after the offer has been created.
2.2. OFFER BY THE CLIENT
If, in exceptional cases, the client places an order with NTS GmbH without being requested to do so, i.e. without a previous offer from NTS GmbH, companies are bound to NTS GmbH during these two weeks, consumers one week after receipt.
2.3. ACCEPTANCE BY NTS GMBH
The contract is therefore only concluded when the order is accepted by NTS GmbH. The acceptance has basically in writing, e.g. by order confirmation (AB), unless NTS GmbH e.g. by taking action that is apparent to the client indicates that NTS GMBH accepts the order.
03. PERFORMANCE, ORDER PROCESSING AND PARTICIPATION