All offers from wakara.org are subject to confirmation and are not binding; orders addressed to wakara.org are only binding if they are confirmed in writing by wakara.org. A delivery, partial delivery, invoicing, or the obvious start of the project shall replace the order confirmation.
Verbal subsidiary agreements or promises are only binding if confirmed in writing by wakara.org. Wakara.org does not have to accept a subsequent change or extension of the order. Wakara.org is entitled to refuse orders without having to state any reasons The scope of the contractual performance is determined by the underlying offer or the contract with its appendices.
The overall impression of the union is in the foreground here. The elaboration of constructive detail solutions is generally not part of the contractually-owed service. Wakara.org does not check the technical feasibility of a trade or whether it complies with the rules of technology.
Basically, the performance of the agreed-upon service is the basis of all orders and not a guaranteed success. Wakara.org is entitled to make use of necessary independent agents for the fulfillment of contractual obligations.
In this case these independent agents will not become contractual partners of the Client. If the performance of the order is delayed or hindered by the Client, in particular by not providing the necessary information in time, Wakara.org can demand an appropriate increase in remuneration or withdraw from the order. In this case the agreed remuneration shall be paid in full.
Completion and delivery dates, obligations of the Client to cooperate and partial performance
The mentioned completion and delivery dates are not binding, unless they have been expressly confirmed in writing by Wakara.org. If, in exceptional cases, binding completion and delivery dates have been agreed upon in writing, these are only binding as long as the Client fulfills his/her obligation to cooperate, in particular, the timely provision of all necessary information. If he/she delays this, the agreed dates shall be extended by the duration of the hindrance plus a reasonable start-up time for the resumption of work.
Wakara.org is in principle entitled to make partial deliveries. The Client shall support Wakara.org in the fulfillment of the performance owed under the contract. In particular, this includes that the Client makes available in good time by post, e-mail, or fax, the technical information necessary for the execution of the order, such as drawings, pictures, sketches, or similar.
The client shall perform cooperative actions at his/her own expense. As a matter of principle, Wakara.org does not accept any inspection appointments, measurements of work, or similar on site. All information necessary for the execution of the order will be provided by the Client free of charge by mail, email, or fax.
Performance and acceptance
The service owed shall be deemed to have been performed upon delivery to the client. The handover shall take place in the form in which it was described in the offer or contract. If it has been agreed that the work shall be handed over in digital form, the client shall receive it by email in PDF or JPG format.
If it is agreed that the work will be delivered in print form, it will be sent to the client by post. Subjective or creative views or opinions of the client do not entitle the client to refuse acceptance of the services. Within the framework of the execution of the order, there is always freedom for design and ideas. Wakara.org is not obliged to store data or other project documents beyond the period of the order.
Copyright and right of use
Every order placed with Wakara.org is a copyrighted contract of work, which is aimed at granting rights of use of the services. All work created digitally or in print form is subject to copyright law, even if the necessary conditions for protection are not specifically given in individual cases.
All work may not be changed from the original or in reproduction without the express permission of Wakara.org. Any imitation, even of parts, is not permitted. Wakara.org transfers to the Client the simple right of use required for the intended purpose.
Only the project made recognizable by the Client shall be deemed to be the intended use. Multiple uses, e.g. for another project, require the consent of Wakara.org and are subject to an additional fee. A transfer of the rights of use to third parties is not permitted without the consent of Wakara.org.
The rights of use shall only be transferred to the Client when any and all remuneration has been paid in full. Execution proposals of the Client or information provided by the Client within the scope of his/her duty to cooperate have no influence on the amount of the remuneration and do not constitute a co-author right.
Remuneration and maturity
The remuneration for the service provided is based on the written agreements of the contracting parties (offer, confirmation of order) and is due as soon as the handover to the client in the form described in the offer or contract has taken place. The right to use the work within the agreed framework is only acquired by the client after the remuneration has been paid in full.
If partial services are rendered, partial remuneration shall be due in the amount of the partial services rendered. Wakara.org is entitled at any time to demand partial payments or corresponding securities from the Client for services already rendered, as well as to render services only against advance payment.
If the Client does not fulfill his/her obligation to cooperate in such a way that the order can be completed, the total order amount minus possible-saved external services shall be due, even if the agreed-upon service has not been fully rendered by Wakara.org.
In particular, the Client has not fulfilled his obligation to cooperate if he does not provide the information required for the execution of the order or does not provide it to the necessary extent. Wakara.org is entitled to terminate the contract after the fruitless expiration of a reasonable period of time granted for the provision of the information by the Client and to invoice the agreed remuneration minus any saved external services.
Payment of the remuneration shall be conducted by bank transfer. Unless otherwise agreed upon, all invoices are due immediately and without deduction. This also applies to invoices on account.
If the Client is delinquent or in default of payment, Wakara.org is entitled to charge reminder costs. In the case of default, interest on arrears of 5% above the current discount rate of the German Federal Bank is due.
Furthermore, Wakara.org is entitled to legally demand the due payments from the Client at the expense of the Client. If the Client is in default of payment, Wakara.org is also entitled to terminate the contractual relationship without notice or to stop any further services. Wakara.org shall not be liable for any consequential damages.
Retention of Title
The services provided are subject to copyright law. Wakara.org only grants the Client rights of use for the services rendered. Property rights are not transferred. Wakara.org is not obliged to hand over 3D model data to the Client.
If Wakara.org has handed over the created work to the Client in digital form, this may only be changed with the prior written consent of Wakara.org. The dispatch of the documents, whether in printed or digital form, is at the risk of the Client. The Client may not continue to use the work handed over until the remuneration has been paid in full. Wakara.org is at all times entitled to use the work created for the Client for self-promotion.
Liability, warranty and templates
Wakara.org is not liable for independent agents. The following regulations also apply in favor of Wakara.org’s independent agents. Wakara.org commits itself to the greatest possible care during the execution.
However, Wakara.org is only liable for documents or templates provided in the original in case of intent or gross negligence. Wakara.org accepts no liability for damage or consequential damage caused directly or indirectly by errors. This applies both to the Client and to third parties. Compensation for damages which exceed the agreed remuneration is excluded. If external services are commissioned by Wakara.org to carry out the order, those contractors are not independent agents of Wakara.org.
Wakara.org shall only be liable in case of its own fault and only for intent and gross negligence. Wakara.org shall not be liable for the documents or their contents provided or transmitted by the Client; in particular, Wakara.org shall not be obliged to examine the legal claims of third parties; rather, the Client undertakes only to transmit documents which he is entitled to pass on and which do not violate the rights of third parties.
Upon receipt of the work results, the Client is obliged to check them immediately for complaints before any further use. If he/she fails to do so and continues to use the documents, he/she will release Wakara.org from any liability, and also in the case of liability claims by third parties.
Warranty claims do not extend to subjective or creative views or opinions of the Client or the unsuccessful further use by the Client. Complaints of a technical nature must be notified to Wakara.org in writing within 14 calendar days of the handover of the work. After this, the service shall be deemed to have been rendered free of defects. Wakara.org shall be entitled to provide warranties owed by means of rectification of defects. Multiple rectification of defects is permissible.
Freedom of design
In principle, there is freedom of design and ideas within the framework of the entire order processing. Complaints regarding the design are therefore excluded. Subsequent change requests by the client will only be carried out at additional cost.
Place of performance and jurisdiction is the registered office of Wakara.org. The Law of the Federal Republic of Germany applies. Amendments or supplements to these contractual conditions are only valid if they have been agreed upon in writing and signed by both contractual parties. Should a provision of these contractual conditions be, or become, invalid, the validity of the remaining provisions will not be affected.