for the provision of services by Vithuran Koneswarathasan - Bivi Creative Agency, Hauptstr. 58, 34253 Lohfelden, E-mail: kontakt@bivi-agency.com (hereinafter "Contractor") to its customers (hereinafter "Client")
1.1 These General Terms and Conditions for the provision of services apply to contracts concluded between the Client and the Contractor that incorporate these Terms and Conditions.
1.2 If, in addition to these Terms and Conditions, further contract documents or other terms in text or written form become part of the contract, the provisions of those documents shall prevail in the event of any conflict.
1.3 The Contractor does not recognize deviating terms and conditions used by the Client unless expressly agreed.
2.1 The Contractor provides the following services as an independent contractor to the Client:
Development, publication, and provision of a digital indie video game (mobile game) made available to users for private entertainment.
The game may include optional in-app purchases. All payment processing is handled exclusively by the respective platform operators (Apple App Store and Google Play Store). The provider does not collect, store, or process any payment data.
The game contains no user accounts. No personal data of users is collected, stored, or processed by the provider.
The game may be used exclusively for private, non-commercial purposes. There is no entitlement to specific features, content, or permanent availability.
2.2 The specific scope of services shall be subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and diligence in accordance with the latest state of the art, rules, and findings.
2.4 The Contractor is obliged to provide the services owed under the contract. In performing its work, the Contractor is not subject to any instructions regarding the type of performance, the place of performance, or the time of performance. However, the Contractor will schedule its working days and times to achieve optimal efficiency for its work and the realization of the contract subject matter. The Contractor's performance is carried out only in coordination with the Client.
The Client is responsible for providing complete and accurate information, data, and other content necessary for performance. The Contractor is not responsible for delays caused by late or required cooperation and support by the Client; the provisions under the heading "Liability / Indemnification" remain unaffected.
4.1 Remuneration shall be agreed upon in individual contracts.
4.2 Remuneration is payable after the services have been performed. If remuneration is calculated by time periods, it is payable after the end of each time period (§ 614 BGB). In the case of effort-based billing, the Contractor is entitled, unless otherwise agreed, to invoice services monthly.
4.3 The Contractor shall issue an invoice to the Client after performance of the services by post or e-mail (e.g. as a PDF). Payment is due within 14 days of receipt of the invoice.
5.1 The Contractor is liable without limitation for intent or gross negligence, for intentional or negligent injury to life, body, or health, due to a guarantee promise, or as a result of mandatory liability unless otherwise regulated. If the Contractor negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability applies according to the preceding sentence. Material contractual obligations are duties which, by their content, the contract imposes on the Contractor to achieve the contract purpose, the fulfillment of which makes proper performance of the contract possible in the first place, and on whose compliance the Client may regularly rely. Otherwise, liability of the Contractor is excluded. The foregoing liability provisions also apply with respect to the liability of the Contractor for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any third-party claims asserted against the Contractor due to the Client's violations of these contractual conditions or applicable law.
6.1 The contract term and the notice periods for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate for cause without notice remains unaffected.
6.3 After termination of the contract, the Contractor shall, at the Client's option, immediately return or destroy all documents and other content provided. Any right of retention is excluded. Electronic data must be deleted in full. Exempt from this are documents and data for which a longer statutory retention period exists, but only until the end of the respective retention period. The Contractor shall confirm the deletion in writing at the request of the Client.
7.1 The Contractor shall treat all matters that become known in connection with the assignment as strictly confidential. The Contractor undertakes to impose the confidentiality obligation on all employees and/or third parties who have access to the contract-related information. The confidentiality obligation shall continue indefinitely beyond the term of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations when carrying out the assignment, in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act.
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.
8.3 The Client shall support the Contractor in the performance of its contractual services through reasonable cooperation acts where necessary. In particular, the Client shall provide the Contractor with the information and data required for the performance of the assignment.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree on the Contractor's place of business as the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these Terms and Conditions for objectively justified reasons (e.g. changes in case law, legislation, market conditions, or business and company strategy) while observing a reasonable notice period. Existing customers will be informed by e-mail at least two weeks before the changes take effect. If the existing customer does not object within the period specified in the amendment notice, their consent shall be deemed granted. If they object, the changes do not take effect; in this case the Contractor is entitled to terminate the contract extraordinarily at the time the changes would take effect. The notice about the intended amendment of these Terms and Conditions will point out the period and the consequences of objection or failure to object.
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure under the VSBG.
Our e-mail address can be found in the heading of these Terms and Conditions.