MCS - Media and Communications Services
KONTAKT

General Terms and Conditions of “MCS”

These General Terms and Conditions (GTC)—in the version valid at the time of the order—apply to all contracts concerning goods, deliveries, and other services provided by MCS and all its brands to consumers and businesses (hereinafter “Customer”).
Deviating provisions shall not apply, in particular the Customer’s general terms and conditions, regardless of whether they are objected to or not, provided they deviate from these terms and conditions.

Cooperation

  • The parties shall cooperate on the basis of trust and shall notify each other immediately in the event of any deviations from the agreed procedure.
  • The basis for the cooperation is a written proposal prepared by MCS.

Customer’s Obligations to Cooperate

  • The customer shall assist MCS in fulfilling the services owed under the contract. This includes, in particular, the timely provision of, for example, information and data to the extent required by the customer’s obligations to cooperate.
  • The customer shall provide the necessary materials in digital form whenever possible. The customer shall ensure that MCS receives the rights necessary to use these materials.
  • MCS is entitled to invoice the additional work resulting from the customer’s failure to cooperate.

Deadlines

  • The contracting parties shall set deadlines in writing. If no specific deadlines have been agreed upon, MCS shall determine the project schedule.
  • MCS shall not be held liable for delays in performance due to force majeure (e.g., strikes, lockouts, official orders, general telecommunications disruptions, etc.).
  • Delays in performance attributable to the Customer (e.g., failure to provide cooperation in a timely manner) entitle MCS to postpone the provision of the affected services by the duration of the hindrance plus a reasonable start-up period.

Changes to Services

  • If the customer wishes to change the contractually specified scope of services to be provided by MCS, the customer shall submit this request for change in writing.
  • MCS shall assess the effects of the requested change, particularly with regard to remuneration, additional expenses, and adherence to deadlines. After reviewing the request for change, MCS shall explain to the customer the effects of the request on the agreements made.
  • If necessary, the contracting parties shall set forth in writing the new additional scope of services as well as the resulting new deadlines, obligations to cooperate, and additional remuneration.

Remuneration

  • The basis for remuneration is the offer prepared by MCS for the customer. Payment terms: Payable 7 days after receipt of the invoice. If installment payments have been agreed upon, these must be made on the agreed dates.
  • Remuneration to MCS is generally based on time spent. This applies in particular to changes in services during the project period. The remuneration rates of MCS in effect at the time shall be decisive for the remuneration of time spent.
  • The customer shall bear expenses such as travel and accommodation costs upon presentation of proof.

Rights

  • MCS grants the customer a non-exclusive right, unlimited in terms of time and territory, to use the services provided in accordance with the contract.
  • Any use beyond that described in paragraph 1 is prohibited. In particular, the customer is prohibited from reproducing, renting, or otherwise exploiting the services. Any violation shall result in a contractual penalty of 5,000 euros for each individual instance of violation.
  • Until full payment of the remuneration has been made, the customer is only permitted to use the services provided on a revocable basis. MCS may revoke the customer’s right to use the services provided for which the customer is in default of payment for the duration of the default.

Liability

  • MCS is liable for intentional acts and gross negligence. MCS is liable for slight negligence only in the event of a breach of a material contractual obligation.
  • In cases of slight negligence, liability is limited in total to the amount of foreseeable damage that would typically be expected to occur. In any case, liability is limited to 100 euros. MCS shall not be liable for the loss of data and/or programs to the extent that the damage is attributable to the customer’s failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.

Confidentiality, Press Release

  • The documents, knowledge, and experience provided to the other party may be used exclusively for the purposes of this contract and shall not be disclosed to third parties, unless they are intended to be disclosed to third parties by their nature or are already known to the third party.
  • Customer data provided to MCS for processing in the course of a project remains the property of the customer. MCS undertakes not to copy or otherwise reproduce this data. Use of the data is permitted only in the name and on behalf of the customer within the agreed scope of the project.
  • Furthermore, the contracting parties agree to maintain confidentiality regarding the content of this contract and the insights gained during its execution. The confidentiality obligation shall remain in effect even after the termination of the contractual relationship.
  • Press releases, information, etc., in which the customer refers to MCS, are permitted only after prior written approval.

Miscellaneous

  • The assignment of claims to the customer is permitted only with the prior written consent of MCS.
  • The contracting parties may only set off claims that have been legally established or are undisputed.
  • MCS may name the customer as a reference customer on its website or in other media. MCS may also publicly reproduce or refer to the services provided for demonstration purposes, unless the customer can assert a legitimate interest to the contrary.

Final Clauses

  • All amendments and additions to contractual agreements must be recorded in writing for evidentiary purposes. Notices of termination must be given in writing. Notices that must be given in writing may also be sent by email.
  • Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. In such a case, the contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gaps in the agreements.
  • The Customer’s general terms and conditions shall not form part of this contract.
  • The law of the Federal Republic of Germany shall apply.
  • The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is the Munich Local Court.

DATA PROTECTION

Data processing is carried out in accordance with the applicable provisions of the General Data Protection Regulation (GDPR). MCS collects, processes, and uses the customer’s personal data. Further information on data processing and data protection can be found in MCS’s Privacy Policy at https://www.mcs-media.com/datenschutzerklaerung.

FINAL PROVISIONS

MCS reserves the right to amend these General Terms and Conditions. For amendments to the General Terms and Conditions, publication and a reference to the website address where the current version of the General Terms and Conditions is available shall suffice.

These General Terms and Conditions, as well as the relationship between the customer and MCS, are governed exclusively by German law. With respect to a consumer, this choice of law applies only to the extent that it does not restrict any mandatory statutory provisions of the country in which the consumer has their domicile or habitual residence. The UN Convention on Contracts for the International Sale of Goods is excluded. Side agreements and amendments to the contract must be in writing.

In business dealings with merchants, legal entities under public law, or special funds under public law, the place of jurisdiction for legal actions is the registered office of MCS. To the extent that claims by MCS are not asserted in summary proceedings, the place of jurisdiction for non-merchants is determined by their place of residence; the place of performance is Munich.

Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

PROVIDER INFORMATION

MCS
Schwalbenstrasse 4
85232 Bergkirchen
Germany
Mobile: +49 (0)1573 5447815
Email: info(at)mcs-media.com
Website: www.mcs-media.com

(As of: July 2024)