Terms of Service

General

These General Terms and Conditions (hereinafter referred to as GTC) are an integral part of all contracts that Jo & Fred Agency (hereinafter referred to as Jo & Fred) concludes with the client (hereinafter referred to as the Client) in written or electronic form.
These GTC apply to all current and future projects and services provided by Jo & Fred to the Client, even if no express reference is made to the GTC when the contract is concluded.
The content and scope of the services are set out in the respective offers and contracts.

Offer and prices

Jo & Fred's offers are valid for 14 days from the date of issue. All prices quoted, whether in an offer, other written or verbal agreement or on this website, are net prices. This means that the prices quoted do not include VAT.
If an hourly fee has been agreed, this shall be invoiced in time units of 0.25 hours (15 minutes) or part thereof.
Our hourly rate of 400 AED (EUR 100) (subject to adjustment) shall be deemed to have been agreed for additional expenses that go beyond the services owed under the order or the service provider's offer.

Conclusion of a contract

Before any contract is concluded, a non-binding initial meeting will take place between Jo & Fred and the Client. An order is deemed to have been placed if Jo & Fred has submitted a written or verbal offer and this is confirmed in full by the Client in writing, by e-mail or by signing a contract within 14 days of the date of issue.
Changes to the scope of the order by the Client after the conclusion of the agreement require written permission from Jo & Fred.

Obligations of the Client

The Client must ensure that the graphics, texts and documents provided for the execution of the order do not infringe any copyrights or other rights of third parties. Jo & Fred accepts no liability for any infringements of rights; the responsibility lies exclusively with the client.
In addition, the client undertakes to provide the information and files required for the implementation of the project in good time.

Performance deadlines

Specified concept or completion dates serve as guidelines and are non-binding unless a binding date has been set. Binding deadlines must be agreed in writing.
If the client does not provide the documents and files required for the implementation of the project on time and this makes the finalization of the project considerably more difficult or impossible, Jo & Fred is entitled to dissolve the contract and all agreements. The services rendered up to that point will be invoiced based on working hours.

Delivery of the invoice

The invoice will be sent to the client after completion of the order. However, in the case of orders without ongoing support, Jo & Fred may issue interim or partial invoices during the term of the order.
In the case of service contracts with a longer performance period or installment payments, invoicing shall be monthly or quarterly in advance, unless otherwise agreed in writing.
Invoices shall be sent to the client by e-mail in PDF format, unless otherwise agreed. Documents sent electronically have the same legal validity as original documents in paper form.

Payment

Unless otherwise agreed in writing, the invoice is due for payment without deduction within 14 days of the invoice date. If the payment deadline is not met, default interest of 10% and reminder fees of 15 AED (EUR 4.00) per reminder will be charged.

Retention of title

Jo & Fred retains ownership of the service until payment has been made in full.

Termination

The client may terminate the contract at any time without giving reasons. Notice of termination must be given verbally (by telephone) or in writing by email to hi@jo-and-fred.com.
The notice of termination must contain a clear statement, such as the intention to terminate the contract.
The services provided by Jo & Fred up to the time of termination will be invoiced on the basis of working hours. Termination shall take effect immediately, with the exception of long-term service contracts, which shall be regulated separately.
Sample wording: I hereby terminate with immediate effect the order placed for the creation of the agreed web project and acknowledge that the services provided by the Jo & Fred agency to date will be invoiced and charged on the basis of working hours.
The termination of a long-term service contract, such as maintenance or SEO optimization (not an exhaustive list) over several months, by the client shall take effect from the month following the month for which the advance payment was made. A refund is not possible as the services have already been provided.
Sample wording: I hereby cancel my service contract with the Jo & Fred agency. I acknowledge that the termination will take effect from the month following the month in which the advance payment was made. A refund is not possible as the services have already been provided.
Automatic termination takes effect as soon as the agreed service period of a contract has expired.
Jo & Fred reserves the right to extraordinary termination if the client violates these GTC despite repeated warnings.

Completion and handover

Unless otherwise agreed in writing, the project will be submitted to the client as a draft for review prior to completion. After the client's approval and any corrections, the project is completed and handed over to the client on a suitable data carrier or by uploading it to a web server. Jo & Fred is not obliged to back up data after the project data has been handed over.
For assignments without a visually measurable result (such as search engine optimization, online marketing, public relations), the client will regularly receive verbal reports on the services provided, unless otherwise agreed. Such reports shall be provided in the course of general business operations, unless otherwise agreed.

Acceptance by the client

Once a web or design project has been completed and handed over, the client is obliged to accept it, provided that the service provided by Jo & Fred meets the contractual requirements.
The deadline for acceptance is 7 days from the day of delivery. The client is obliged to check the web or design project and test the functions. Any defects must be reported immediately, but at the latest within 7 days. Jo & Fred will promptly rectify the complaints.
The web or design project is deemed to have been accepted and approved if the client does not report any defects within 14 days of delivery. Changes after acceptance are subject to a charge, unless otherwise agreed.
Orders that do not fall within the scope of website design, graphic design and print design are not subject to acceptance by the client, as in these cases such acceptance is not possible due to a lack of visual results. In such cases, Jo & Fred will inform the client in an appropriate manner, for example by means of reports, about the performance of the services.

Web hosting and domain

Jo & Fred acts as an intermediary between the client and the hosting provider in the area of web hosting and domains. The domain can be registered either by the client himself or after authorization by Jo & Fred via the provider. The authorization is granted as follows: As part of the offer, explicit reference is made to the granting of power of attorney. With the acceptance of the offer, the authorization is also confirmed.
Jo & Fred has no influence on whether the desired domain is actually assigned to the client by the responsible registry. Upon successful registration of the domain, the client is registered as the domain holder with all rights and obligations. The domain holder is fully responsible for the information made available on the hosting product provided by the provider.
With regard to web hosting and domain, the terms and conditions of the third-party provider (provider, domain registry) apply. Jo & Fred assumes no liability in this context.
Unless otherwise agreed in writing, web hosting and domains are billed directly by the hosting provider.
Cancellation of the web hosting and domain leads to the deletion of all data. The client is responsible for the backup of the data, unless Jo & Fred is commissioned with the data backup. Such an order will be charged separately by Jo & Fred. Termination of the business relationship between the Client and Jo & Fred will only automatically lead to termination of the web hosting and the domain if the Client, upon request, does not provide payment details with which the services are to be paid for in the future after termination of the business relationship.
Labeling and reference
Unless otherwise agreed in writing, Jo & Fred reserves the right to place a reference (link) to the author (Jo & Fred's website) on the individual pages of the client's web solution free of charge. This link, which consists of either a graphic or a text, shall be integrated into the appearance of the client's website in such a way that it is not disruptive. For a predetermined fee, the client can have Jo & Fred remove this label (link). Otherwise, the client is not entitled to remove these references.
Unless otherwise agreed in writing, Jo & Fred reserves the right to display the projects commissioned by a Client and created by Jo & Fred as a reference, including a description, on Jo & Fred's homepage.

Rights of use, license key

Unless otherwise agreed in writing, Jo & Fred grants the Client a simple and non-transferable right of use for the respective purpose after full payment of all services. This means that the web solution created by Jo & Fred is intended exclusively for use on the internet by the client. Logos, graphics, photo design and printed matter are an exception - for these services, the client receives a temporally and spatially unrestricted right of use.
In addition, in some cases Jo & Fred provides the client with license keys from third-party providers free of charge for the duration of the business relationship. This is usually the case with the use of paid plugins and developments for CMS systems (for example “multi-language extension” in WordPress). Upon termination of the business relationship between Jo & Fred and the client, the free right to use the relevant license keys expires immediately. This may result in a website no longer functioning properly. In order to counteract this, the client has the option of purchasing the permanent use of the relevant license key from Jo & Fred after termination of the business relationship.

Disclaimer of liability

Jo & Fred is not liable for any damages arising in connection with the use of the services provided. Any liability for consequential damages is excluded. The client is solely responsible for the content.
Jo & Fred accepts no liability for faults and damage caused by faulty software (e.g. CMS systems) and not caused by Jo & Fred.
Jo & Fred accepts no liability for loss of data. Unless otherwise agreed in writing, the client is responsible for data backup.

Data protection

Personal data disclosed in the course of a business relationship is collected, stored and processed by Jo & Fred as part of the business relationship. The data is used exclusively for the purposes of service provision, administration and referencing.
The following data is collected: The collection of data is kept to an absolute minimum and only includes the information that is absolutely necessary for the respective contact, business or contractual relationship:

• Personal details and master data (surname, first name, address, e-mail address, nationality, telephone and fax number, date of birth, marital status, customer number, language, vehicle registration number, etc.).
• Identification data in travel documents (passport number, passport data, date of birth, issuing authority, nationality, expiry date) and ID cards (ID card, driving license, etc. including issuing authority and expiry date)
• Image and sound data

If payment by installments has been agreed, additionally:

• Bank details
• IBAN
• BIC

Referencing can take the following forms (the client will be notified in advance of any such use):

• Publication of a client project on this website in the reference pages
• Publication in the client list on this website
• Publication of reviews and comments on this website
• Sharing on social networks
• Marketing in a newsletter, if applicable

Personal data will only be passed on to the responsible domain registrar when registering a domain and to the responsible provider when setting up a web server, unless this is done by the customer themselves.
Beyond this, personal data will not be passed on to third parties or compared, unless Jo & Fred is obliged to pass on the data to authorities and state institutions due to mandatory legal provisions.
The duration of storage is determined by the duration of our business relationship, the consent you have given and the statutory retention obligations and legal obligations applicable to us.

Confidentiality

Jo & Fred undertakes to keep confidential all knowledge of business matters as well as business and trade secrets provided by the Client for the provision of services.
Jo & Fred is entitled to process personal data of the client entrusted to it within the framework of the business relationship and to reference projects.

Dispute resolution

Complaints and online dispute resolution in consumer matters in accordance with Article 14(1) (ODR Regulation):
Jo & Fred always endeavors to reach an agreement with the customer. In the event of a complaint, you can contact us at hi@jo-and-fred.com. Together we will find a solution to your satisfaction.
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. The ODR platform serves as a contact point for the out-of-court settlement of disputes arising from online services and purchase processes.
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and are generally not prepared to do so.

Place of performance and jurisdiction

The place of performance shall be the registered office of the client if the client is domiciled in the European Union. In this case, the court in whose jurisdiction the client's registered office falls shall have jurisdiction in the event of legal disputes. If the client's registered office is outside the European Union, the place of performance shall be Jo & Fred's registered office. The court in whose jurisdiction the registered office of Jo & Fred falls shall have jurisdiction in the event of legal disputes.

Final provisions

All ancillary and special agreements or deviations from the aforementioned points must be made in writing in order to be legally effective. Should individual provisions of these GTC become ineffective due to amendments, the remaining provisions shall remain fully effective.
The terms and conditions of a client shall only apply if Jo & Fred agrees to them in writing.