TERMS AND CONDITIONS FOR FUTURE030 GMBH

SCOPE OF APPLICATION

1.1 These Terms and Conditions (hereinafter referred to as “T&C”) apply to all declarations of intent, contracts, and legal or similar acts of FUTURE030 GmbH, Jägerallee 28, 14469 Potsdam (hereinafter referred to as “FUTURE030”) with its clients (hereinafter referred to as “Client”). Both together are hereinafter referred to as “Parties.”

1.2 The Client is any legal or natural person who requests, commissions, or for whom FUTURE030 otherwise acts.

1.3 Conflicting conditions or conditions deviating from the T&C shall not be applicable unless a written agreement to this effect has been made with FUTURE030. The T&C shall also apply if FUTURE030 performs services without reservation despite being aware of conflicting or deviating conditions of the Client.

1.4 The T&C in their current version shall be published on FUTURE030’s website. The current version is binding for any form of cooperation with FUTURE030. FUTURE030 reserves the right to adapt the T&C at any time. Changes and additions to the T&C will be communicated to the Client in writing or electronically (e.g., by email). The Client may object to the updated version of the T&C within 2 weeks of receipt of the notification. As soon as the 2-week period has expired, the changes or amendments shall be deemed accepted. If the Client objects to the changes or amendments to the T&C, FUTURE030 may terminate the contractual relationship with immediate effect.

OFFERS AND CONTENTS OF THE CONTRACT

2.1 A contractual relationship between the Client and FUTURE030 is established either by signing an individual contract or by FUTURE030 providing services to the Client.

2.2 The scope and content of the services owed by FUTURE030 shall each be specified in an individual contract. The contract concluded in writing between FUTURE030 and the Client and, in the absence of such a contract, the offer submitted by FUTURE030, insofar as this has not been contradicted, shall be decisive for this, insofar as signed by both parties.

2.3 The services owed by FUTURE030 are hereinafter uniformly referred to as the “Object of Performance”. Unless expressly agreed, FUTURE030 shall not be liable for the achievement of a certain economic success as a result of its services.

2.4 In addition to the services owed according to 2.2, FUTURE030 regularly commissions third parties, such as artists, musicians, or craftsmen, to render services to the Client in its own name but for the account of the Client. The commissioning of such third parties shall be discussed and approved by the Client beforehand.

2.5 Each client and project is unique, and therefore, FUTURE030 offers individualized pricing structures that vary from case to case.

OBJECT OF PERFORMANCE

3.1 The Object of Performance owed by FUTURE030 shall be the agreed services, unless expressly agreed otherwise in an individual contract. FUTURE030 does not guarantee a specific outcome or success.

3.2 If a monthly flat fee (retainer) has been agreed, FUTURE030 is obliged to provide suitable employees for the agreed hours per month. Hours not used may be postponed to later months within reasonable limits.

3.3 At the request of the Client, FUTURE030 shall provide information on the status of services. Comprehensive written reports may be provided at FUTURE030’s discretion.

3.4 FUTURE030 is entitled to use subcontractors. The selection of employees entrusted with the services is FUTURE030’s responsibility.

3.5 If the Object of Performance includes the use of FUTURE030’s showroom, FUTURE030 is obligated to exhibit the Client’s items as agreed.

3.6 Both parties shall nominate a project manager responsible for the contract execution.

PRICES / PRICE CHANGES

4.1 The prices stated in the contract or unopposed offer shall be deemed agreed between the Parties. All prices are exclusive of VAT.

4.2 FUTURE030 regularly agrees on monthly flat-rate payments with the Client, consisting of a basic fee and office costs.

4.3 For project-related services, FUTURE030 shall provide an estimate of expected hours and corresponding rates.

4.4 The price for showroom provision shall be based on the space occupied.

4.5 The Client shall reimburse FUTURE030 for 100% of third-party costs incurred without a surcharge.

4.6 Travel expenses for employees employed by FUTURE030 shall be reimbursed by the Client.

DUE DATE OF PERFORMANCE AND CONSIDERATION

5.1 The due date for FUTURE030’s services is based on joint agreements between the Parties, creating a joint schedule.

5.2 FUTURE030 shall notify the Client of any delays.

5.3 In the event of delays for which FUTURE030 is responsible, a grace period of four weeks shall be set.

5.4 FUTURE030’s remuneration claim becomes due within two weeks after invoicing, unless otherwise agreed.

OBLIGATIONS TO COOPERATE

6.1 The Client must provide necessary information for services. Delays for which the Client is responsible may lead to extension of services or scope.

6.2 The Client guarantees the accuracy of the information provided.

6.3 After acceptance of concepts, texts, or other services, the information is deemed complete.

6.4 If the Client does not provide necessary information, FUTURE030 may proceed based on existing information or withdraw from the contract.

6.5 Any modifications to the Object of Performance must be communicated immediately.

6.6 FUTURE030 must inform the Client if any requirements or information are unsuitable for execution.

FREEDOM FROM RIGHTS OF THIRD PARTIES

7.1 FUTURE030 is not responsible for ensuring that the Object of Performance is free of third-party rights.

7.2 If the Client faces claims due to third-party intellectual property rights, they are responsible for handling them.

7.3 If the Client provides materials, they guarantee these are free of third-party rights.

CONFIDENTIALITY

8.1 Both Parties undertake to treat all confidential information as confidential and not to disclose it to third parties.

8.2 The obligation of confidentiality does not apply to publicly known information or that which must be disclosed by law.

LIABILITY

9.1 FUTURE030 is only liable for damages caused by intentional or grossly negligent breaches of duty. In cases of slight negligence, liability is limited to foreseeable damages.

9.2 Liability for loss of profit and indirect damages is excluded.

9.3 The above limitations do not apply in cases of injury to life, body, or health.

TERMINATION

10.1 The contract may be terminated by either party with one month’s notice, unless otherwise agreed.

10.2 The right to extraordinary termination for good cause remains unaffected.

FINAL PROVISIONS

11.1 Amendments and supplements must be made in writing.

11.2 Should individual provisions of these T&C be or become invalid, this shall not affect the validity of the remaining provisions.

11.3 The place of performance and jurisdiction for all disputes is the registered office of FUTURE030.

11.4 The contract is subject to the laws of the Federal Republic of Germany.