1. Scope
These General Terms and Conditions (GTC) apply to all contracts, services, and deliveries between Ophelia Agency (hereinafter referred to as “Agency”) and its customers (hereinafter referred to as “Customer”) in the version valid at the time of conclusion of the contract. Any deviating agreements must be made in writing. By commissioning our services, the Customer agrees to these GTC.
2. Provider information
Ophelia Agency
Finkenstraße 23
75443 Ötisheim
Germany
Phone: +49 17621235371
Email: lucabaranyai03@gmail.com
Social media: @ophelia.agency
Vertreten durch: Luca Baranyai
3. Subject matter of the contract
The subject matter of the contract is the services provided by the agency as described in the respective offer, in particular creative services in the areas of branding, design, social media, photography, web design, and digital communication. The exact scope of services is specified in the individual offer or the written order confirmation.
The agency provides all services based on current technical and creative standards with reasonable care.
4. Conclusion of contract
A contract between the agency and the customer shall only come into effect upon written confirmation (e.g. by email). Offers made by the agency are always subject to change and non-binding. Changes and additions must be made in writing.
5. Customer's obligations to cooperate
The customer is obliged to provide all data, materials, content, and information necessary for the implementation of the project in a timely and complete manner. Delays due to late cooperation shall extend the agreed delivery deadlines accordingly.
The customer confirms that all content provided (e.g., images, logos, texts) is free of third-party rights. The customer is liable for any copyright infringements.
6. Performance period and delivery
Delivery dates shall be agreed individually. Should delays occur, the Agency shall inform the Client immediately. Force majeure or circumstances beyond the Agency's control (e.g., technical failures, illness, delivery delays by third parties) shall entitle the Agency to provide the service at a later date.
7. Remuneration and terms of payment
All prices are in euros, unless otherwise agreed. Unless otherwise specified in the offer, payments are due within 14 days of invoicing without deduction.
For larger projects, a deposit of up to 50% of the total amount may be required before work begins. In the event of late payment, the agency reserves the right to withhold further services until payment is received.
8. Rights of use and copyright
All drafts, designs, texts, photographs, or other creative works created within the scope of the project are subject to copyright. Unless otherwise agreed, the agency transfers to the customer a simple, non-transferable right of use for the contractually agreed purpose.
The transfer to third parties, processing, reproduction, or publication outside the agreed purpose requires the written consent of the agency.
All rights remain with the agency until full payment has been made.
9. Corrections and approval
The customer is entitled to a reasonable number of corrections, as specified in the offer. Once the customer has given their approval (in writing or by email), they assume responsibility for all further changes or errors. Subsequent adjustments will be charged separately.
10. Warranty and liability
The agency undertakes to perform all services with the utmost care. In the event of justified complaints, the agency shall initially be entitled to rectify the defect. If this fails, the customer may demand a reasonable reduction in price.
Liability for slight negligence is excluded, provided that no essential contractual obligations have been violated. The agency is not liable for lost profits or indirect damages.
11. Liability for third-party content
If the agency integrates external content, plugins, or third-party services (e.g., fonts, tracking tools, APIs, videos, social media feeds) at the client's request, this is done under the client's responsibility. The agency is not liable for the content or data protection practices of external providers.
12. Confidentiality
Both parties undertake to keep all confidential information that becomes known in the course of their cooperation secret and not to make it accessible to third parties. This obligation shall remain in force even after the termination of the contract.
13. Data protection
The agency processes personal data exclusively within the framework of legal regulations and in accordance with the privacy policy. The customer agrees to the processing of their data for the purpose of contract execution.
14. Contract term and termination
The contract ends upon complete fulfillment of the agreed services. For longer-term projects or maintenance contracts, the individually agreed terms and notice periods apply.
Termination without notice for good cause remains unaffected by this.
15. Reference citation
The agency may name the customer as a reference and publish the work created as part of the project on its website and social media for demonstration purposes, unless the customer expressly objects to this.
16. Final provisions
The place of performance is Ötisheim. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is the agency's registered office, provided that the customer is a merchant or a legal entity under public law.
Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose.
Status: Oktober 2025
