Terms and Conditions (GTC)
the advertising agency Radar Five Media, Charles Kuzmanovic.
The following terms and conditions apply to all orders placed with the advertising agency Radar Five Media. They are considered agreed if they are not contradicted. Any deviation must be in writing.

1. COPYRIGHT AND RIGHT OF USE
1.1 Any order given to Radar Five Media is a copyright contract.
1.2 All drafts and final artwork are subject to the latest version of the Copyright Act. A contract is only concluded when a written order from the customer has been received and this has been confirmed by Radar Five Media. Radar Five Media is entitled to refuse to conclude the contract without giving reasons.
1.3 The drafts and final artwork may not be changed, either in the original or during reproduction, without the express consent of Radar Five Media. Any imitation – even of parts – is not permitted. A violation of this provision entitles Radar Five Media to claim damages amounting to twice the agreed remuneration.
1.4 Radar Five Media transfers to the client the rights of use required for the respective purpose. Unless otherwise agreed, only the simple right of use is transferred. A transfer of usage rights to third parties requires a written agreement. The rights of use are only transferred after the remuneration has been paid in full.
1.5 Radar Five Media has the right to be named as the author on the copies.
A violation of the right to attribution entitles Radar Five Media to compensation.
1.6 Suggestions from the client or his other employees have no influence on the amount of remuneration. They do not constitute co-copyright.

2. COMPENSATION
2.1 Drafts and final drawings, together with the granting of rights of use, form a uniform service. The remunerations are net amounts that are to be paid without statutory sales tax, as Section 19 of the small business regulation applies.
2.2 If no rights of use are granted and only drafts and/or final drawings are delivered, there will be no remuneration for the intended use.
2.3 If the designs are used at a later date or to a greater extent than originally intended, Radar Five Media is entitled to subsequently invoice the remuneration for the use or the difference between the higher remuneration for the use that was originally paid to demand.
2.4 The preparation of drafts and all other activities that Radar Five Media performs for the client are subject to a charge unless otherwise expressly agreed.

3. DUE DATE OF COMPENSATION
3.1 The remuneration is due without deduction no later than 10 days after receipt of the invoice. If the ordered work is accepted in parts, a corresponding partial payment is due when the part is accepted. If an order extends over a longer period of time or requires high financial advance payments from Radar Five Media, appropriate advance payments must be made, namely 50% of the total remuneration when the order is placed and 50% after delivery.
3.2 In the event of late payment, Radar Five Media can charge default interest of 5% for private individuals or 8% for companies, above the base interest rate of the German Federal Bank. In the case of an installment payment agreement, if an installment is not paid, the entire remaining invoice amount becomes due immediately.

4. SPECIAL SERVICES, ADDITIONAL SERVICES & TRAVEL EXPENSES
4.1 Special services, such as reworking or changing final artwork, manuscript study or printing supervision, will be charged separately based on the time required.
4.2 Radar Five Media is entitled to order the third-party services necessary to fulfill the order in the name and for the account of the client. With the order, the client grants Radar Five Media the corresponding power of attorney.
4.3 If, in individual cases, contracts for third-party services are concluded in the name and for the account of Radar Five Media, the client undertakes to release Radar Five Media internally from all liabilities that arise from the conclusion of the contract. This includes, in particular, the assumption of costs.
4.4 Expenses for additional technical costs, in particular for special materials, for the production of models, photos, films, interim recordings, reproduction, typesetting and printing, etc. must be reimbursed by the client.
4.5 The client must reimburse travel costs and expenses for trips undertaken in connection with the order and agreed with the client.

5. RESERVATION OF OWNERSHIP
5.1 Only usage rights are granted to drafts and final drawings, but ownership rights are not transferred.
5.2 These must therefore be returned undamaged no later than 14 days after the end of the order, unless expressly agreed otherwise. In the event of damage or loss, the client must reimburse the costs necessary to restore the originals. The assertion of further damages remains unaffected.
5.3 The work and templates are sent at the risk and expense of the client.
5.4 Radar Five Media is not obliged to release files or layouts that were created by computer to the client. If the client wishes this computer data to be released, this must be agreed upon and paid for separately. If Radar Five Media has provided the client with computer files, these may only be changed with the consent of Radar Five Media.

6. CORRECTION, PRODUCTION MONITORING AND DOCUMENT SAMPLES
6.1 Correction samples must be submitted to Radar Five Media before reproduction is carried out.
6.2 Production monitoring by Radar Five Media only takes place based on a special agreement. When taking over production supervision, Radar Five Media is entitled to make the necessary decisions and give appropriate instructions at its own discretion. Radar Five Media is only liable for its own fault and only for intent and gross negligence.
6.3 The client provides Radar Five Media with 10 to 20 perfect, unfolded copies of all reproduced work free of charge. Radar Five Media is still entitled to use these samples for self-promotion purposes.

7. LIABILITY & CONTENT
7.1 Radar Five Media undertakes to carry out the order placed with the greatest possible care, in particular to treat templates, layouts and films etc. provided to it carefully. Radar Five Media is only liable for damage caused in the event of intent or gross negligence.
Compensation for damages exceeding the value of the material is excluded.
7.2 Radar Five Media undertakes to carefully select and instruct its vicarious agents. Furthermore, the agency is not liable for its vicarious agents.
7.3 If Radar Five Media commissions necessary third-party services, the respective contractors are not vicarious agents of the agency. Radar Five Media is only liable for its own fault and for intent and gross negligence.
7.4 When the client approves drafts, final executions and final drawings, he assumes responsibility for the accuracy of text and images.
7.5 The agency is not liable for any drafts, texts, final versions and final drawings approved by the client.
7.6 Radar Five Media is not liable for the admissibility and registrability of the work under competition and trademark law.
7.7 Complaints of any kind must be made in writing to Radar Five Media within 14 days of delivery of the work. After this period has expired, the work is deemed to have been accepted free of defects.
7.8 Radar Five Media is not responsible for delivery disruptions due to force majeure. For this reason, the customer cannot claim a reduction.
7.9 The customer is responsible for the content of his orders. By placing the order, the customer warrants that he will not violate applicable law of the Federal Republic of Germany or internationally recognized rules of international law (e.g. incitement to hatred, discrimination based on skin color, race, gender, religion or ideology) or encourage such a violation.

8. FREEDOM OF DESIGN AND TEMPLATES
8.1 There is freedom of design within the scope of the order. Complaints regarding the artistic design are excluded. If the client wishes to make changes after production, he must bear the additional costs. Radar Five Media retains the right to compensation for work that has already begun.
8.2 If the execution of the order is delayed for reasons for which the client is responsible, Radar Five Media can demand an appropriate increase in remuneration. In the event of intent or gross negligence, Radar Five Media can also assert claims for damages. The assertion of further damages caused by default remains unaffected.
8.3 The client assures that he is entitled to use all templates provided to Radar Five Media. If he is not authorized to use it contrary to this insurance, the client releases Radar Five Media from third-party claims for compensation.

9. DATA PROTECTION
9.1 The customer agrees that personal data (inventory data) and other information will be stored by Radar Five Media to the extent this is necessary to fulfill the purpose of the contract.

10. FINAL PROVISIONS
10.1 Additions and/or changes to this contract, including these provisions, must be made in writing. If individual provisions of these terms and conditions do not comply with the statutory provisions, the statutory provisions provided for this will come into force. The regulations not affected remain unaffected.
10.2 Place of performance for all services provided by Radar Five Media is 82538 Geretsried.
The place of jurisdiction is Wolfratshausen.
City of Geretsried, November 01st, 2008
Terms & Conditions
General terms and conditions (GTC) of the advertising agency
Radar Five Media, Charles Kuzmanovic.