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General Terms and Conditions

Preamble
 
Lindenbrook – a brand of Essential Advertising GmbH – provides services in the areas of brand development, design, communication, content production, strategic consulting, and digital solutions. These General Terms and Conditions govern all contracts between Essential Advertising GmbH (operating as Lindenbrook) and its clients.
 
I. Scope

a) The following General Terms and Conditions apply to all legal transactions of Lindenbrook – a brand of Essential Advertising GmbH – with its contractual partner, hereinafter referred to as the “Client.”
b) Amendments to these Terms and Conditions will be communicated to the Client in writing. They are deemed approved unless the Client objects in text form.
 
II. Subject of Agreement
 
a) Lindenbrook provides services in the areas of brand development, communication design, digital media, content production, and strategic consulting.
b) The specific subject of each contract arises from the respective offer, order confirmation, or separate agreement.
 
III. Offers and Conclusion of Contract

a) Offers from Lindenbrook are non-binding and subject to change.
b) A contract is only concluded upon written order confirmation or commencement of service provision.
c) All agreements made between Lindenbrook and the Client for the purpose of fulfilling the contract must be recorded in writing.
 
IV. Client’s Duties to Cooperate
 
a) The Client shall provide Lindenbrook with all data, information, and materials required for the execution of the order in due time and in an appropriate form.
b) The Client warrants that they are authorized to use all templates and materials provided to Lindenbrook. Should this warranty prove false, the Client shall indemnify Lindenbrook against all claims by third parties.
 
V. Remuneration
 
a) The agreed remuneration in the contract applies. All prices are exclusive of statutory VAT.
b) Payment shall be due immediately upon invoicing without deduction, unless otherwise agreed.
c) If the Client is in default of payment, Lindenbrook reserves the right to withhold further services until outstanding claims are settled.
 
VI. Retention of Title and Usage Rights
 
a) All services provided by Lindenbrook, in particular drafts, concepts, presentations, and digital products, remain the property of Lindenbrook until full payment has been received.
b) Upon full payment, the Client is granted a simple right of use within the agreed scope and purpose.
c) Transfer, modification, or use beyond the agreed scope requires Lindenbrook’s written consent and is subject to separate remuneration.
d) Open files, raw data, or source codes will only be released upon separate agreement.
 
VII. Deadlines, Schedules, and Force Majeure
 
a) Deadlines are only binding if confirmed in writing.
b) Lindenbrook is not responsible for service delays caused by force majeure or unforeseeable events.
 
VIII. Acceptance
 
a) Services provided by Lindenbrook must be reviewed by the Client and formally accepted in writing within 5 working days.
b) If no acceptance or objection is made within this period, the services shall be deemed accepted.
 
IX. Warranty and Liability
 
a) Lindenbrook undertakes to perform the assigned work with due care and to the best of its knowledge.
b) Lindenbrook accepts no liability for defects resulting from incorrect information or materials supplied by the Client.
c) Lindenbrook is only liable for intent or gross negligence and for the breach of essential contractual obligations (cardinal obligations).
d) Liability is limited to foreseeable, typical contractual damages.
 
X. Confidentiality

a) Lindenbrook undertakes to treat all business and trade secrets disclosed during cooperation as confidential.
b) This obligation continues beyond the termination of the contract.
 
XI. Data Protection

a) Lindenbrook processes personal data exclusively in accordance with the statutory provisions of the GDPR.
b) The Client agrees to the processing of their data for the purpose of contract performance.
 
XII. Final Provisions

a) Amendments or additions to this contract must be made in writing.
b) If individual provisions of these GTC are invalid, the validity of the remaining provisions shall remain unaffected.
c) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
d) The place of jurisdiction, insofar as legally permissible, is the registered office of Lindenbrook – Essential Advertising GmbH in Oberursel. For international clients, Frankfurt am Main may be agreed as the place of jurisdiction.

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