Terms and Conditions

of the

nice one agency UG (limited liability)
Pariser Platz 6A
10117 Berlin
Germany

– hereinafter referred to as “nice one agency” –

As of: 2026-07-01

Part 1 – General Provisions

1. General

These General Terms and Conditions (GTC) apply to all contracts concluded between nice one agency and the customer.
nice one agency provides the customer with various agency services. The specific scope of services is governed by individual agreements between nice one agency and the customer.
nice one agency does not enter into contracts with consumers or private individuals.
nice one agency is entitled, in its own name and for its own account, to subcontract the required services to subcontractors, who may in turn also engage subcontractors. nice one agency remains the customer’s sole contractual partner. Subcontractors will not be used if, to nice one agency’s knowledge, their use would conflict with the customer’s legitimate interests.
nice one agency does not recognize any terms and conditions used by the customer that deviate from these Terms and Conditions, unless expressly agreed.

2. Customer’s cooperation obligations

If the customer provides nice one agency with texts, images, or other content, the customer must ensure that such content does not infringe third-party rights (e.g., copyrights) or other legal provisions. In this context, it is pointed out that, as a matter of law, nice one agency is not authorized to provide legal advice to the customer. In particular, nice one agency is neither obliged nor legally able to review the customer’s business model and/or works created or acquired by the customer (layouts, graphics, texts, etc.) for compliance with applicable law. In particular, nice one agency will not conduct trademark searches or other checks for conflicts with protective rights in relation to the works provided by the customer. If the customer issues specific instructions regarding the work to be produced, the customer is solely responsible for them.
The customer is obliged to provide all information, data, works (e.g., data for the legal notice, graphics, etc.) and access credentials required for performance of the order completely and correctly. The customer must also ensure that any instructions given by the customer comply with applicable law.
Unless otherwise agreed individually, the customer is responsible for procuring the material required to provide the agency services (e.g., graphics, videos) and must provide it to nice one agency in due time. If the customer does not provide such material and also does not give any further specifications, nice one agency may, at its discretion and in compliance with copyright attribution requirements, use image material from common providers (e.g., stock photo services) or insert placeholders for the relevant parts of the website.
If, for individual parts of the order, it is necessary to conclude a data processing agreement pursuant to Art. 28 GDPR, both parties undertake to conclude such an agreement—provided by nice one agency—before performance begins.
nice one agency is not responsible in any way for delays in the implementation of projects caused by delayed (necessary) cooperation and/or input from the customer; the provisions under the heading “Liability and indemnification” remain unaffected.
If the customer fails to comply with its obligations under this section, nice one agency may invoice the customer for the additional effort incurred as a result (e.g., costs for stock photos and time spent searching for them).

Part 2 – Online presences and technology

1. Website and shop creation (agile)

Unless otherwise agreed individually, the creation of new websites/shops or the expansion of existing websites/shops or web components/shop components (hereinafter “website creation”) is carried out on the basis of agile methods. The remaining provisions of these GTC remain unaffected.
The subject matter of website creation contracts between nice one agency and the customer is generally the development of new websites or the expansion of existing websites (e.g., integrating new interfaces or programming new online applications) in accordance with the customer’s technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work and services within the meaning of Sections 631 et seq. of the German Civil Code (BGB).
The services agreed in detail result from the individual contract concluded between nice one agency and the customer. To this end, the customer first submits an inquiry to nice one agency with a description of the desired website content that is as precise as possible (design content such as images, layouts, logos, fonts, etc. must be defined and provided by the customer, unless otherwise agreed). This inquiry constitutes an invitation to nice one agency to submit an offer. nice one agency will review the customer’s ideas described in the inquiry to the best of its knowledge and belief for completeness, suitability (excluding legal suitability, in particular with regard to third-party rights), clarity, feasibility, and consistency, and will prepare an offer based on the wishes arising from the customer’s inquiry. A contract between nice one agency and the customer is concluded only upon the customer’s acceptance of the offer.
The customer may submit requests at any time, provided they are covered by the originally agreed scope of services. Such adjustments become part of the original contract if both parties agree in text form (e.g., by email). Otherwise, nice one agency is only obliged to produce the functions/items listed in the contract or to provide the agreed service. Any additional services must be agreed separately and remunerated.
Once the website has been completed, nice one agency will request the customer to accept the website.
A prerequisite for nice one agency’s work is that all data (e.g., texts, templates, graphics, fonts) and/or system environments to be provided by the customer and required for implementation of the project are made available to nice one agency in due time and in a suitable form. nice one agency is not responsible in any way for delays in the implementation of projects caused by delayed (necessary) cooperation and/or input from the customer.
The review or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g., analytics) or certificates (e.g., SSL/TLS) is only owed by nice one agency if expressly agreed in an individual contract. Unless expressly agreed otherwise, there is no entitlement to the release of graphics, source codes, (development) documentation, manuals, or other additional documentation.
Unless otherwise agreed, the created websites are optimized for the browsers Chrome, Safari, Firefox, and Edge in their respective current versions (the last two versions of each browser). Search engine optimization (SEO) is only owed if expressly agreed. Optimization for mobile devices is also only owed if expressly agreed.
nice one agency is neither authorized nor obliged to advise the customer on competition law, consumer law, labeling law, or other legal matters within the meaning of the German Legal Services Act (RDG). It is therefore the customer’s responsibility to inform itself about the competition law, consumer law, or labeling requirements applicable to its shop and, if necessary, to have the shop reviewed by a specialized attorney.
After completion of the websites and/or individual parts thereof, nice one agency may offer the customer maintenance and support services relating to the websites. However, nice one agency is neither obliged to make such an offer nor is the customer required to make use of any additional services offered by nice one agency. Any such arrangements are exclusively subject to individual agreements. If no additional maintenance and support services are agreed between the parties, after acceptance the customer alone is responsible for the technical maintenance and up-to-dateness of the websites. nice one agency is not liable to the customer for any security vulnerabilities exploited for unlawful purposes due to the use of outdated third-party software (hacking).

2. Website and shop creation (specifications and requirements document)

If the parties have agreed that the creation of new websites/shops or the expansion of existing websites/shops or web components/shop components (hereinafter “website creation”) is to be carried out on the basis of a requirements and specifications document, the order will be processed in accordance with this section.
The subject matter of website creation contracts between nice one agency and the customer is generally the development of new websites or the expansion of existing websites (e.g., integrating new interfaces or programming new online applications) in accordance with the customer’s technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work and services within the meaning of Sections 631 et seq. of the German Civil Code (BGB).
The scope of services to be provided by nice one agency is determined, on the one hand, by the individual contractual agreements between the parties and, on the other hand, by a detailed requirements document prepared by the customer, as well as the specifications document based on it. nice one agency will review the customer’s ideas described in the requirements document to the best of its knowledge and belief for completeness, suitability (excluding legal suitability, in particular with regard to third-party rights), clarity, feasibility, and consistency. If nice one agency recognizes that the specifications contained in the requirements document are not suitable for creating a website, nice one agency will inform the customer without undue delay and submit a corresponding proposal for supplementing and/or adapting the requirements document. The customer must respond to any proposals from nice one agency regarding the requirements document within a reasonable period in writing or in text form and finally confirm the contents of the requirements document to nice one agency in a binding manner in writing or in text form. If the parties agree on the requirements document, its contents become part of the contract.
Based on the requirements document, nice one agency prepares a specifications document that describes, in particular, the functional-technical and/or design implementation of the specifications contained in the requirements document. After completion, nice one agency will submit the specifications document to the customer for acceptance. The customer is entitled to reject the specifications document prepared by nice one agency and to communicate requests for changes or adjustments. In this respect, nice one agency undertakes, taking the customer’s wishes into account, to submit a maximum of two alternative proposals. If the customer ultimately does not agree with the last proposal from nice one agency, the customer or nice one agency may—where legally permissible—terminate the contractual relationship for cause or withdraw from the contract. In this case, the fees and/or expenses incurred by nice one agency in connection with the requirements and/or specifications document must be appropriately remunerated and/or reimbursed by the customer.
If the specifications document is accepted by the customer, the services described therein are deemed to have been finally agreed between the parties. Any deviations from the contents of the specifications document accepted by the customer require an express individual agreement between the parties. nice one agency does not provide any services beyond those described in the specifications document accepted by the customer. Likewise, nice one agency generally does not provide fewer services than those described in the specifications document accepted by the customer. After acceptance of the specifications document by the customer, nice one agency develops and programs the websites in accordance with the agreed specifications.
In addition to the specifications document, nice one agency will provide the customer with a schedule and work plan. The contents and specifications of this schedule and work plan become part of the contract unless the customer objects without undue delay. nice one agency undertakes to deliver the completed website or parts thereof to the customer by the end date stated in the schedule and work plan on a suitable data carrier and/or to send it by email and/or to upload it to a server specified by the customer. The details of the handover or upload of the completed websites are otherwise subject to individual contractual agreements between the parties.
A prerequisite for nice one agency’s work is that all data (e.g., texts, templates, graphics) and/or system environments to be provided by the customer and required for implementation of the project are made available to nice one agency in due time and in a suitable form. nice one agency is not responsible in any way for delays in the implementation of projects caused by delayed (necessary) cooperation and/or input from the customer.
Once the website has been completed, nice one agency will request the customer to accept the website. If necessary, a test phase may be agreed before acceptance. If the customer identifies errors before acceptance or during an agreed test phase, the customer will notify nice one agency of these in writing or in text form. nice one agency will endeavor to correct the errors professionally. For this purpose, nice one agency may provide temporary workarounds.
The review or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g., analytics) or certificates (e.g., SSL/TLS) is only owed by nice one agency if expressly agreed in an individual contract. Unless expressly agreed otherwise, there is no entitlement to the release of graphics, source codes, (development) documentation, manuals, or other additional documentation.
Unless otherwise agreed, the created websites are optimized for the browsers Chrome, Safari, Firefox, and Edge in their respective current versions (the last two versions of each browser). Search engine optimization (SEO) is only owed if expressly agreed. Optimization for mobile devices is also only owed if expressly agreed.
nice one agency is neither authorized nor obliged to advise the customer on competition law, consumer law, labeling law, or other legal matters within the meaning of the German Legal Services Act (RDG). It is therefore the customer’s responsibility to inform itself about the competition law, consumer law, or labeling requirements applicable to its shop and, if necessary, to have the shop reviewed by a specialized attorney.
After completion of the websites and/or individual parts thereof, nice one agency may offer the customer maintenance and support services relating to the websites. However, nice one agency is neither obliged to make such an offer nor is the customer required to make use of any additional services offered by nice one agency. Any such arrangements are exclusively subject to individual agreements. If no additional maintenance and support services are agreed between the parties, after acceptance the customer alone is responsible for the technical maintenance and up-to-dateness of the websites. nice one agency is not liable to the customer for any security vulnerabilities exploited for unlawful purposes due to the use of outdated third-party software (hacking).

3. Maintenance and support of websites/shops

If the parties have agreed that the creation of new websites/shops or the expansion of existing websites/shops or web components/shop components (hereinafter “website creation”) is to be carried out on the basis of a requirements and specifications document, the order will be processed in accordance with this section.
The scope of the maintenance contracts includes the resolution of functional issues as well as incident-based updates to the website for the current versions of common web browsers. Additional services, such as regular maintenance, may be agreed upon on an individual contractual basis if required.
A prerequisite for maintenance is that the content to be maintained is compatible with the systems of nice one agency. Compatibility may be impaired in particular by outdated components of the content to be maintained or by unauthorized changes made by the customer. If compatibility is not ensured, the customer must establish it independently (e.g., by performing corresponding updates) or separately commission nice one agency to establish compatibility.
nice one agency is not liable for malfunctions and incompatibilities caused by unauthorized changes made by the customer or based on other errors that are not within nice one agency’s area of responsibility; the provisions under “Liability and indemnification” remain unaffected.
Unless otherwise agreed, maintenance includes only technical updates, not content updates, of the website. In particular, nice one agency does not owe updates to the legal notice or the privacy policy.

4. Domain registration

nice one agency offers the customer domain registration services. The specific scope of services (domain registration, storage space, certificates, etc.) is subject to individual agreements between the parties.
The contractual relationship required to register the respective domain is concluded directly between the customer and the respective domain registry or registrar. In the relationship between the customer and the registry, nice one agency acts solely as an intermediary, without any influence on the allocation of the domain.
The customer bears full responsibility for ensuring that the desired domain does not infringe third-party rights. A review of the domain for legal admissibility is not owed.
The respective conditions of the individual registries apply additionally to the registration of domains. nice one agency will inform the customer of any special features in the event of an intended registration.

5. Web hosting (reseller)

nice one agency also offers hosting services to the customer. To fulfill its services, nice one agency will use servers of third-party companies. nice one agency will inform the customer about the servers and third-party companies used before the contract is concluded. The specific scope of services (domain administration, storage space, email hosting, certificates, etc.) is subject to individual agreements between the parties.
Unless otherwise agreed, if web hosting is commissioned, nice one agency will assume the administration and management of the data. As a rule, the customer will not receive access to the administration backend of the hosting system.
The availability of the servers used by nice one agency for hosting purposes is at least 99% on an annual average. Excluded from this are periods during which the servers are not accessible due to events beyond nice one agency’s control (force majeure, actions of third parties, technical problems outside nice one agency’s sphere of influence, etc.).
Unless otherwise agreed, the customer has no entitlement to the assignment of a fixed IP address for its website. Technically or legally required changes are possible at any time and remain reserved.
The customer is obliged to keep its passwords and other access data—if such data has been provided by nice one agency—confidential and not to pass them on to third parties. The customer is responsible for any misuse by third parties unless nice one agency is responsible for it.
It is the customer’s responsibility to create regular backup copies of its hosted data. If the customer is not able to do so, the customer must commission nice one agency or other professionally suitable third parties to perform the backups. The customer is responsible for any data loss resulting from insufficient data backup.

Part 3 – Creation and design of content

1. Creation of texts / copywriting

nice one agency creates, among other things, texts for the customer (e.g., press releases, website posts, advertising copy, etc.). The content of these texts is defined in an individual contract.
Once the agreed texts have been completed, nice one agency will submit them to the customer for approval and acceptance. Unless otherwise agreed, the customer is entitled to two rounds of revisions. Complaints regarding the stylistic design or the inclusion of new information in the text are generally excluded after the second revision round. If the customer requests further changes beyond this, the customer must bear the additional costs.
If nice one agency has been commissioned with publication, the texts will—unless otherwise agreed—only be published after approval by the customer; approval also constitutes acceptance of the texts. For press releases, a distribution date will also be set after approval, on which they are to be transmitted to the media. If the customer publishes the texts itself or is to publish them, the customer must accept the texts in advance. If the customer publishes the texts before acceptance, publication is deemed acceptance.
nice one agency is liable for errors discovered after approval/acceptance exclusively in accordance with the provisions under the heading “Liability and indemnification”.

2. Design and conception of graphics and logos (designs)

By agreement with the customer, nice one agency undertakes the conception and design of graphics and/or logos (hereinafter “Designs”).
To this end, the customer first submits an inquiry to nice one agency with a description of the desired designs that is as precise as possible. This inquiry constitutes an invitation to nice one agency to submit an offer. nice one agency will review the customer’s ideas described in the inquiry to the best of its knowledge and belief for completeness, suitability (excluding legal suitability, in particular with regard to third-party rights), clarity, feasibility, and consistency, and will prepare an offer based on the wishes arising from the customer’s inquiry. A contract between nice one agency and the customer is concluded only upon the customer’s acceptance of the offer.
A prerequisite for nice one agency’s work is that the customer provides all data required for implementation of the project (color definitions, etc.) to nice one agency in full and in a suitable form before the start of the assignment. If the customer fails to comply with this obligation, nice one agency may invoice the customer for the time incurred as a result.
Unless otherwise agreed, the customer is entitled to two rounds of revisions for each design. After these revision rounds have been carried out, requests for adjustments and complaints (in particular regarding the artistic design) will no longer be considered. If the customer requests further changes after the agreed revision rounds, nice one agency may create these for the customer for an additional fee to be agreed.
Once the agreed design has been completed, nice one agency will request the customer to accept the work. The designs will be sent to the customer in a common file format.
nice one agency expressly does not review the final designs for legal admissibility (in particular trademark and/or competition law) or for infringement of other identifiers and/or protective rights (e.g., trademarks, design patents, patents, etc.), nor for the registrability of the designs, e.g., in official registers.
nice one agency grants the customer the rights of use in the designs required for the respective purpose. Unless otherwise provided, the creation of logos includes an exclusive right of use that is unlimited in time, territory, and content; however, individual graphic elements of the logos may be used to create other works, provided this does not create a likelihood of confusion with the created logo. For all other designs, a non-exclusive right of use is granted unless otherwise agreed individually. Any transfer of rights of use by the customer to third parties requires an individual contractual agreement with nice one agency. The drafts presented within the revision rounds may not be used, reproduced, or passed on to third parties by the customer, neither in their original form nor in modified form, without the express consent of nice one agency.
The rights of use transfer to the customer only after full payment of the remuneration.
Unless otherwise agreed in an individual contract, nice one agency may require that an appropriate copyright notice be placed on the created works in a suitable location.

3. Corporate identity – conception and development

By agreement with the customer, nice one agency undertakes the conception and development of the “Corporate Identity” (e.g., new development or revision of corporate concepts in the area of external presentation, brands, corporate culture, corporate behavior, corporate communication, etc.). To this end, the customer first submits an inquiry to nice one agency with a description of the desired corporate image that is as precise as possible. This inquiry constitutes an invitation to nice one agency to submit an offer. nice one agency will review the customer’s ideas described in the inquiry to the best of its knowledge and belief for completeness, suitability (excluding legal suitability, in particular with regard to third-party rights), clarity, feasibility, and consistency, and will prepare an offer based on the wishes arising from the customer’s inquiry. A contract between nice one agency and the customer is concluded only upon the customer’s acceptance of the offer.
After the contract has been concluded, the customer’s requirements will, if necessary, be discussed in a further briefing and the specifications will be made more concrete. At this point, customer requests may be submitted, provided they are covered by the originally agreed scope of services. If required, a re-briefing is possible before the deliverable is produced. Adjustments become part of the original contract if both parties agree in text form. Otherwise, nice one agency is only obliged to produce the items listed in the contract. Any additional services must be agreed separately and remunerated.
Unless otherwise agreed, the customer is entitled to two rounds of revisions. Complaints regarding the artistic design are generally excluded after the agreed revision rounds have been carried out. If the customer requests further changes beyond this, the customer must bear the additional costs.
A prerequisite for nice one agency’s work is that the customer provides all data required for implementation of the project (color definitions, templates, graphics, etc.) to nice one agency in full and in a suitable form before the start of the assignment or at another agreed time. If the customer fails to comply with this obligation, nice one agency may invoice the customer for the time incurred as a result.
Once the agreed deliverable has been completed, nice one agency will request the customer to accept the work.
Remuneration is subject to an individual contractual agreement between the parties. Otherwise, the statutory provisions apply.
Unless otherwise provided, the creation of the corporate design includes an exclusive right of use that is unlimited in time, territory, and content; however, individual graphic elements of the corporate design may be used to create other works, provided this does not create a likelihood of confusion with the created corporate design.
Any transfer of rights of use to third parties requires an individual contractual agreement.
The rights of use transfer to the customer only after full payment of the remuneration.

Part 4 – Marketing

1. SEO marketing

nice one agency offers the customer, among other things, services in the area of SEO marketing. In providing the services, nice one agency only owes the implementation of measures that, based on nice one agency’s experience, can positively influence search engine rankings or that are expressly instructed by the customer. This is a service within the meaning of Sections 611 et seq. of the German Civil Code (BGB). A specific result (e.g., a specific ranking in search engine results) is only owed as part of the SEO services if it has been expressly guaranteed.

2. SEA campaign

nice one agency offers the customer services in the area of SEA campaigns. In providing the services, nice one agency only owes the submission of proposals regarding effective advertising keywords and, after the customer’s approval, the implementation of the measure (placing advertisements). These are services within the meaning of Sections 611 et seq. of the German Civil Code (BGB). A specific result (e.g., sales figures) is not owed as part of SEA services unless it has been expressly guaranteed. nice one agency is not obliged to review the legality of keywords. nice one agency submits proposals to the customer regarding the booking of keywords. The legal review, in particular with regard to third-party trademark rights, and the approval of the keywords are the customer’s responsibility before the campaign is carried out. The fee agreed for the services described herein does not include the costs for placing paid advertisements; unless otherwise agreed, these costs are to be borne by the customer.

3. Email marketing

nice one agency offers the customer the planning and implementation of email marketing campaigns. The specific scope of services is defined in an individual contract. To carry out the email campaigns, nice one agency requires access to the customer’s newsletter lists and, if applicable, to the customer’s newsletter service provider. In designing the email marketing campaigns, nice one agency only owes the implementation of measures that, based on nice one agency’s experience, promote the intended result (e.g., selling products, generating leads, or similar). A specific result (e.g., actually generating a certain number of leads) is only owed if it has been expressly guaranteed.
nice one agency is not liable for errors that occur within the responsibility of the email service provider or within the customer’s sphere of control. In particular, nice one agency is not liable for warnings or fines issued due to the sending of unsolicited advertising emails (e.g., sending emails to recipients who have not consented to receiving advertising emails). Unless otherwise agreed individually, the customer is responsible for properly maintaining the newsletter lists. The provisions under the heading “Liability and indemnification” remain unaffected.

4. Social media marketing

nice one agency provides its customers, among other things, with technical support in creating and/or managing social media presences. If the customer makes use of these services, nice one agency only owes the technical creation of the social media presences and/or the technical uploading of the content to be provided by the customer.
In addition to creating the social media presences, posting in the customer’s name and on the customer’s behalf (so-called ghost posting) may also be agreed. nice one agency is free in terms of content design, provided there are no specifications from the customer. There is no obligation to respond to or monitor posts by third parties. This is the responsibility of the customer as the operator.
If the customer specifies content (images, texts, videos, etc.), nice one agency will not review this content for factual or legal accuracy. In this respect, it is expressly pointed out that nice one agency is not authorized to provide legal advice to the customer. If, in individual cases, nice one agency nevertheless determines that the content provided by the customer violates applicable law, nice one agency may refuse to post such content.
All content must be approved by the customer and will then be uploaded by nice one agency to the respective presences, whereby nice one agency only owes and is only responsible for the technical uploading of the content; the provisions under “Liability and indemnification” remain unaffected.
The service provider within the meaning of Section 10 TMG is solely the customer. nice one agency acts only as the customer’s processor.

5. Placement of advertisements

nice one agency supports the customer with placing advertisements in social media portals, search engines, and other media (“Ads”).
nice one agency advises the customer on how to design its ads to achieve the highest possible visibility. Specific results (e.g., sales figures, leads) are not owed.
nice one agency also supports the customer in conceptualizing the texts and images for the ads. However, the selection of content for the ads (images, texts, videos, legal notice, etc.) is solely the customer’s responsibility. nice one agency will not review this content or the ads as a whole for factual or legal accuracy. In this respect, it is expressly pointed out that nice one agency is not authorized to provide legal advice to the customer. If, in individual cases, nice one agency nevertheless determines that the content provided by the customer and/or the ads violate applicable law, nice one agency may refuse to post such content or create the ads.
All content must be approved by the customer and will then be uploaded by nice one agency to the respective advertising channels, whereby nice one agency only owes and is only responsible for the technical uploading of the content; the provisions under “Liability and indemnification” remain unaffected.
The fee agreed for the services described herein does not include the costs for placing paid advertisements; unless otherwise agreed, these costs are to be borne by the customer.
The service provider within the meaning of Section 10 TMG is solely the customer. nice one agency acts only as the customer’s processor.

Part 5 – Consulting

1. General consulting services

nice one agency offers the customer general consulting services in various areas. In providing the services, nice one agency only owes consulting to the best of its knowledge and belief and—where applicable—based on the current state of knowledge or the state of the art. The consulting services are services within the meaning of Sections 611 et seq. of the German Civil Code (BGB). A specific result is only owed if it has been expressly guaranteed. Consulting based on or taking into account specific standards (e.g., DIN standards or professional regulations) is also only owed if expressly agreed.

Part 6 – Miscellaneous provisions

1. Prices and remuneration

Remuneration for the services of nice one agency is subject to an individual contractual agreement between the parties and is generally based on the offer.

2. Acceptance

If a work performance has been agreed, nice one agency may require that acceptance be made in writing; written acceptance is only owed if nice one agency requests the customer to do so. The acceptance provisions of the German Civil Code remain unaffected. The acceptance period within the meaning of Section 640 (2) sentence 1 BGB is set at 2 weeks from notification of completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, in which case nice one agency will inform the customer separately. If the customer does not respond within this period or does not refuse acceptance due to a defect, the work is deemed accepted.

3. Warranty for defects

An insignificant defect does not give rise to defect claims. The choice of the type of subsequent performance is at the discretion of nice one agency. The limitation period for defects and other claims is one (1) year; this shortening of the limitation period does not apply to claims resulting from intent, gross negligence, or injury to life, body, or health caused by nice one agency. The limitation period does not restart if subsequent performance is provided within the scope of defect liability. Otherwise, the statutory warranty for defects remains unaffected.

4. Contract term for continuing obligations

Subject to deviating provisions in and outside these GTC, continuing obligations have a minimum term of 12 months. The notice period is 3 months. If the contract is not terminated in due time at the end of the term, it is automatically extended by a further 12 months. The right to extraordinary termination without notice for good cause remains unaffected.

5. Granting of rights, self-promotion, and right of mention

nice one agency grants the customer—after full payment of the order by the customer—a non-exclusive, non-transferable right of use in the respective work results. Further rights may be agreed in an individual contract.
Unless otherwise agreed, the customer expressly grants nice one agency permission to publicly present the project in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, nice one agency is entitled to advertise the business relationship with the customer and to identify itself as the author on all created advertising materials and in all advertising measures, without the customer being entitled to any remuneration.
Furthermore, nice one agency is entitled to place its own name with a link in an appropriate manner in the footer and in the legal notice of the website(s) created by nice one agency, without the customer being entitled to any remuneration.

6. Confidentiality

nice one agency will treat all business matters that come to its attention, in particular but not exclusively print documents, layouts, storyboards, numerical material, drawings, audio tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products, and other documents containing films and/or audio plays and/or other copyrighted materials of the customer or affiliated companies, as strictly confidential. nice one agency undertakes to impose the confidentiality obligation on all employees and/or third parties (e.g., suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business matters. The confidentiality obligation applies for an unlimited period beyond the term of this contract.

7. Liability and indemnification

nice one agency is liable without limitation under any legal grounds in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise stipulated in this regard, or based on mandatory liability such as under the Product Liability Act. If nice one agency negligently breaches a material contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies pursuant to the preceding sentence. Material contractual obligations are obligations that the contract imposes on nice one agency according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper performance of the contract in the first place, and on whose compliance the customer may regularly rely. Otherwise, liability of nice one agency is excluded. The above liability provisions also apply with regard to the liability of nice one agency for its vicarious agents and legal representatives.
The customer indemnifies nice one agency against any claims by third parties asserted against nice one agency due to the customer’s violations of these Terms and Conditions or applicable law.

8. Final Provisions

The contracts concluded between nice one agency and customers are governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the registered office of nice one agency shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
nice one agency is entitled to amend these Terms and Conditions for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business or corporate strategy) and subject to a reasonable notice period. Existing customers will be notified of this by email at least two weeks before the amendment takes effect. If the existing customer does not object within the period specified in the amendment notification, their consent to the amendment is deemed granted. If they object, the amendments do not take effect; in this case, nice one agency is entitled to terminate the contract extraordinarily at the time the amendment takes effect. The notification of the intended amendment to these Terms and Conditions will indicate the period and the consequences of objection or its absence.