General Terms and Conditions (GTC)
the advertising agency Radar Five Media, Charles Kuzmanovic.
The following general terms and conditions apply to all orders placed with the advertising agency Radar Five Media. They are deemed to be agreed unless they are contradicted. Any deviation must be in writing.

1. COPYRIGHT AND RIGHT OF USE
1.1 Every order placed with 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 is received and this is confirmed by Radar Five Media. Radar Five Media is entitled to refuse to conclude a contract without giving reasons.
1.3 The drafts and final drawings may not be changed in the original or in reproduction without the express consent of Radar Five Media. Any imitation - even of parts - is prohibited. A violation of this provision entitles Radar Five Media to demand compensation amounting to twice the agreed remuneration.
1.4 Radar Five Media transfers to the client the usage rights required for the respective purpose. Unless otherwise agreed, only the simple usage right is transferred. Transferring the usage rights to third parties requires a written agreement. The usage rights are only transferred after full payment of the fee.
1.5 Radar Five Media has the right to be named as the author on the copies.
A violation of the right to be named entitles Radar Five Media to compensation.
1.6 Suggestions by the Client or his other employees have no influence on the amount of remuneration. They do not constitute a co-authorship right.

2. COMPENSATION
2.1 Drafts and final artwork, together with the granting of usage rights, constitute a single service. The remuneration is a net amount that is to be paid without statutory sales tax, since Section 19 of the small business regulation applies.
2.2 If no rights of use are granted and only drafts and/or final artwork are delivered, no remuneration will be paid 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 fee for use or to demand the difference between the higher fee for use and the fee originally paid.
2.4 The preparation of drafts and all other activities that Radar Five Media performs for the Client are subject to a fee, unless expressly agreed otherwise.

3. DUE DATE OF PAYMENT
3.1 Payment is due no later than 10 days after receipt of the invoice without deduction. If the ordered work is accepted in parts, a corresponding partial payment is due upon acceptance of the part. If an order extends over a longer period of time or requires Radar Five Media to make large financial advance payments, appropriate advance payments must be made, namely 50% of the total payment upon placing the order and 50% after delivery.
3.2 In the event of late payment, Radar Five Media may charge interest on arrears of 5% for private customers and 8% for companies, above the basic interest rate of the Deutsche Bundesbank. If an installment payment agreement is made, the entire remaining invoice amount will become due immediately if an installment is not paid.

4. SPECIAL SERVICES, ADDITIONAL & TRAVEL COSTS
4.1 Special services such as reworking or altering final artwork, manuscript study or print monitoring will be charged separately according to the time required.
4.2 Radar Five Media is entitled to order the third-party services necessary to fulfil the order in the name and for the account of the client. The client grants Radar Five Media the corresponding power of attorney with the order.
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 indemnify Radar Five Media internally from all liabilities arising from the conclusion of the contract. This includes, in particular, the assumption of costs.
4.4 Expenses for technical incidental costs, in particular for special materials, for the production of models, photos, films, intermediate shots, reproduction, typesetting and printing, etc., shall be reimbursed by the Client.
4.5 Travel costs and expenses for trips undertaken in connection with the order and agreed with the client must be reimbursed by the client.

5. RESERVATION OF TITLE
5.1 Only rights of use are granted for drafts and final artwork, but no ownership rights are transferred.
5.2 These must therefore be returned undamaged no later than 14 days after the end of the order, unless otherwise expressly agreed. 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 dispatch of the work and templates takes place 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 to release these computer data, this must be agreed and paid for separately. If Radar Five Media has made computer files available to the client, these may only be changed with the consent of Radar Five Media.

6. CORRECTION, PRODUCTION MONITORING AND DOCUMENT SAMPLES
6.1 Proof samples must be submitted to Radar Five Media prior to reproduction.
6.2 Production monitoring by Radar Five Media only takes place based on a special agreement. When taking over production monitoring, Radar Five Media is entitled to make the necessary decisions and give the appropriate instructions at its own discretion. Radar Five Media is only liable if it is at fault and only for intent and gross negligence.
6.3 The client shall provide Radar Five Media with 10 to 20 flawless, unfolded copies of all reproduced work free of charge. Radar Five Media is also entitled to use these samples for its own advertising purposes.

7. LIABILITY & CONTENT
7.1 Radar Five Media undertakes to carry out the order with the greatest possible care, in particular to handle templates, layouts and films etc. provided to it with care. Radar Five Media is only liable for damages caused in the event of intent or gross negligence.
Any compensation exceeding the material value is excluded.
7.2 Radar Five Media undertakes to select and instruct its vicarious agents carefully. Beyond this, 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 By approving drafts, final versions and final artwork, the Client assumes responsibility for the accuracy of text and images.
7.5 The Agency shall not be liable for any drafts, texts, final versions and final artwork approved by the Client.
7.6 Radar Five Media is not liable for the admissibility and registrability of the works 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 as free of defects.
7.8 Radar Five Media is not responsible for delivery disruptions due to force majeure. The customer cannot claim a reduction for this reason.
7.9 The customer is responsible for the content of his orders. By placing the order, the customer guarantees that he will not violate applicable law of the Federal Republic of Germany or internationally recognized rules of international law (for example, 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 The contract allows for freedom of design. 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 remuneration for work already started.
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 the remuneration. In the event of intent or gross negligence, Radar Five Media can also assert claims for damages. The assertion of further damages due to delay remains unaffected.
8.3 The client assures that he is authorized to use all templates provided to Radar Five Media. If, contrary to this assurance, he is not authorized to use them, the client shall indemnify Radar Five Media against any claims for compensation from third parties.

9. DATA PROTECTION
9.1 The customer agrees that personal data (inventory data) and other information may be stored by Radar Five Media to the extent 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 purpose will come into force. The unaffected provisions remain unaffected.
10.2 The place of performance for all services provided by Radar Five Media is 82538 Geretsried.
The place of jurisdiction is Wolfratshausen.
City of Geretsried, November 1, 2008
General terms and conditions of business
General Terms and Conditions (GTC) of the advertising agency
Radar Five Media, Charles Kuzmanovic.