Madison Hofer Design – Madison Hofer (hereinafter referred to as "Contractor")
Effective date: 06 October 2026
A. These Terms and Conditions (T&C) apply to all contracts between the Contractor and the respective Client (hereinafter referred to as "Client").
B. The Client's terms and conditions only become part of the contract if the Contractor expressly agrees to them in writing.
C. Amendments to these T&C will be communicated to the Client in text form and are considered agreed upon if the Client does not object in writing within two weeks of receipt.
A. The Contractor provides creative design services, automation and AI consulting, as well as related advisory, conceptual, and implementation services.
B. The scope, content, schedule, and remuneration of the services are specified in the respective offer, order confirmation, or project agreement.
C. Unless expressly agreed otherwise, the Contractor is free to choose the methods, technologies, and personnel used in the execution of services.
A. The Client shall provide all information, access, and materials necessary for the provision of services in a timely and appropriate manner.
B. If service delivery is delayed due to incomplete or late cooperation, agreed deadlines and delivery times will be extended accordingly.
C. The Client warrants that all provided content is free of third-party rights and does not violate any legal provisions.
A. All prices are stated net in euros plus applicable VAT.
B. Unless otherwise stated in the invoice or offer, invoices are payable within 14 calendar days without deduction.
C. In the event of late payment, the Contractor may charge default interest at the statutory rate and suspend further service delivery until payment is received.
A. Upon full payment of the agreed fee, the Contractor grants the Client the usage rights to the work results as specified in the offer.
B. The Contractor retains the copyright and all rights not expressly transferred to the Client for all designs, concepts, source code, and other works.
C. The Client grants the Contractor permission to use project results, the Client's name, and any protected trademarks and logos as references in portfolios, presentations, social media, and publications. This permission can only be revoked for an important reason provided in writing.
A. In cases of slight negligence, the Contractor is liable only for breaches of essential contractual obligations, limited to the foreseeable damage typical for this type of contract; in cases of intent, gross negligence and injury to life, body or health, liability is unlimited.
B. Strict liability for initial defects (§ 536a German Civil Code) is excluded.
C. Creative and consulting services are largely subjective in nature; a specific economic or technical outcome is only owed if expressly agreed in writing.
D. The Contractor does not provide legal or tax advice, particularly regarding data protection, trademarks, competition, or other legal matters. The Client is responsible for seeking appropriate legal review independently.
A. Where the Contractor implements or configures software bots, scripts, or AI models, their obligation is limited to the design, development, and technical implementation.
B. The Client remains solely responsible for content, data sources, process outcomes, and their compliance with legal requirements (e.g., GDPR, copyright, or labor law).
C. The Contractor does not guarantee that automations will remain compliant with future legal or platform changes without adjustment; maintenance or updates must be separately commissioned.
D. Data security and privacy measures are implemented to the best of the Contractor's knowledge; however, detailed audits or legal evaluations are not included in the services.
A. Both parties process personal data solely in accordance with applicable data protection laws.
B. If necessary, the parties will enter into a data processing agreement (DPA) pursuant to Art. 28 GDPR.
C. Further details on data processing can be found in the Contractor's website privacy policy.
A. Researching existing trademarks or other intellectual property rights is not part of the scope of services unless expressly agreed in writing.
B. The Contractor accepts no liability for the registrability or protectability of designs, names, domains, or other identifiers.
C. The Client is responsible for ensuring that the services provided do not infringe upon third-party rights.
A. Both parties agree to keep all confidential information marked as such or recognizably confidential strictly confidential.
B. This obligation does not apply to information that is publicly available without breach of contract or has been lawfully obtained from third parties.
C. The confidentiality obligation remains in effect even after the termination of the contract.
A. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
B. The place of jurisdiction for all disputes is – to the extent permitted by law – the registered office of the Contractor.
C. Should any provision of these T&C be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected; the invalid provision shall be replaced by the statutory provision or one that most closely reflects the intended economic purpose.