General Terms of Conditions (GTC)
1. Scope
1.1
These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between TwoBuild, and its clients.
1.2
Deviating terms and conditions of the client are not recognized unless the agency expressly agrees to their validity in writing.
2. Conclusion of Contract
2.1
The contract is concluded when the client accepts an offer from the agency. Offers from the agency are non-binding and subject to change.
2.2
Amendments, additions, or ancillary agreements require written confirmation by the agency to be effective.
3. Services
3.1
The agency provides services in the field of creating renderings and visualizations of buildings and other objects. The exact scope of services is determined by the respective offer.
3.2
The agency is entitled to engage third parties (e.g., subcontractors) to fulfill its contractual obligations.
3.3
The renderings and visualizations are created individually according to the client's wishes. The client is obliged to provide the agency with the necessary inspiration, plans, data, and other relevant information.
4. Copyright and Usage Rights
4.1
The copyright for the renderings and visualizations created by the agency remains with the agency.
4.2
The client receives a simple, non-transferable right of use for the created renderings and visualizations, allowing them to use these on their social media channels, website, sales brochures, and in the context of selling the respective property. Any additional use, particularly reproduction, distribution, public access, or modification, requires prior written consent from the agency.
4.3
The agency reserves the right to use the created renderings and visualizations for its own purposes, especially for self-promotion on its website, social media, portfolios, and other marketing materials.
5. Rights to Client Materials and Confidentiality
5.1
The client grants the agency the right to use the provided materials (e.g., plans, 3D models) for the provision of contractual services and to share them with third parties if necessary for contract fulfillment.
5.2
The agency commits to treating the plans and materials provided by the client with the utmost confidentiality and to using them solely for the respective project. Misuse of these materials is excluded.
5.3
The client assures that they hold the required rights to the materials provided and that their use by the agency does not infringe on any third-party rights. The client indemnifies the agency from all third-party claims in this regard.
6. Prices and Payment Terms
6.1
The prices for the agency's services are generally processed upon request and depend on the project size, desired quality, scope of services, and number of renderings to be created. Further information on prices can be found in the price list under “Prices” on our website.
6.2
An additional charge will be made for the creation of necessary 3D documents.
6.3
The client is asked to provide existing photos of the property. If no photos are available, the agency may commission a photographer, with the costs being billed to the client. This may impact the total price.
6.4
Payments are due without deduction within 14 days of invoicing.
6.5
In case of late payment, the agency is entitled to charge statutory default interest.
7. Duration of Service Provision
7.1
The time required to create the renderings depends individually on the client’s requirements and may vary according to the size of the project and the number of renderings. The agency will provide the client with an estimated timeframe at the beginning of the project.
7.2
The agency undertakes to inform the client promptly if the processing time is extended. The client will be regularly informed about the progress and will receive drafts for joint discussion and adjustments as requested.
7.3
The processing time may be extended if necessary documents, such as photos or plans, are not provided by the client in a timely manner and need to be created or obtained by the agency.
8. Acceptance and Defects
8.1
Upon completion of the services, the client will receive a notice for acceptance. Acceptance is deemed to have occurred if the client does not raise any justified defects in writing within 14 days after receipt of the notice.
8.2
In the case of justified complaints, the agency is entitled and obliged to provide supplementary performance. If supplementary performance fails, the client may demand a reduction or withdraw from the contract.
9. Liability
9.1
The agency is liable only for damages resulting from intentional or grossly negligent breach of contract.
9.2
For slight negligence, the agency is only liable for breaches of essential contractual obligations (cardinal obligations) and limited to the foreseeable, contract-typical damage.
9.3
Liability for lost profits, missed savings, and other consequential damages is excluded, unless it is due to grossly negligent or intentional breach of duty by the agency.
10. Confidentiality
10.1
Both parties undertake to treat all confidential information obtained in the course of cooperation as strictly confidential and to use it only for the contractually agreed purposes.
10.2
This obligation shall continue beyond the termination of the contractual relationship.
11. Final Provisions
11.1
Amendments and additions to these GTC must be in writing. This also applies to the waiver of this written form clause.
11.2
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11.3
The place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the agency, provided that the client is a merchant, a legal entity under public law, or a special fund under public law.
11.4
Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
