LMC Creative Concept UG (haftungsbeschränkt)
General Terms and Conditions (GTC)
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts, offers, and services provided by LMC Creative Concept UG (haftungsbeschränkt), Bergstr. 90 DE-14532 Stahnsdorf (hereinafter "LMC" or "Agency") to its clients (hereinafter "Client").
1.2 These GTC apply exclusively. Conflicting, deviating, or supplementary terms and conditions of the Client shall not become part of the contract unless LMC has expressly agreed to their validity in writing.
1.3 These GTC apply to entrepreneurs, legal entities under public law, and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
1.2 These GTC apply exclusively. Conflicting, deviating, or supplementary terms and conditions of the Client shall not become part of the contract unless LMC has expressly agreed to their validity in writing.
1.3 These GTC apply to entrepreneurs, legal entities under public law, and special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB).
2. Services
2.1 LMC provides creative, strategic, and technical services, including but not limited to brand strategy, graphic design, corporate identity, social media management, web design, and digital consulting.
2.2 The specific scope of services is defined in the individual project proposal, offer, or statement of work agreed upon in writing between LMC and the Client.
2.3 LMC reserves the right to engage qualified subcontractors or freelancers to fulfill its contractual obligations, provided that the overall responsibility remains with LMC.
2.4 LMC provides its services with the care and diligence of a professional creative agency. Unless expressly agreed otherwise, LMC provides services based on reasonable professional effort, not as a guarantee of a specific outcome.
2.2 The specific scope of services is defined in the individual project proposal, offer, or statement of work agreed upon in writing between LMC and the Client.
2.3 LMC reserves the right to engage qualified subcontractors or freelancers to fulfill its contractual obligations, provided that the overall responsibility remains with LMC.
2.4 LMC provides its services with the care and diligence of a professional creative agency. Unless expressly agreed otherwise, LMC provides services based on reasonable professional effort, not as a guarantee of a specific outcome.
3. Offer and Contract Formation
3.1 All offers submitted by LMC are non-binding unless expressly designated as binding in writing.
3.2 A contract is formed upon the Client's written acceptance of LMC's offer, or upon LMC's written order confirmation, or upon commencement of services with the Client's knowledge and without objection.
3.3 Changes to orextensions of the agreed scope of services require written confirmation by LMC and may result in additional costs.
3.2 A contract is formed upon the Client's written acceptance of LMC's offer, or upon LMC's written order confirmation, or upon commencement of services with the Client's knowledge and without objection.
3.3 Changes to orextensions of the agreed scope of services require written confirmation by LMC and may result in additional costs.
4. Fees and Payment Terms
4.1 All fees are based on the agreed offer or project proposal and are stated in Euros (EUR) exclusive of applicable VAT.
4.2 A deposit of 50% ofthe total project fee is due upon contract formation and before commencement of any work. Work will not begin until the deposit has been received.
4.3 The remaining balance is due upon delivery of the final deliverables or completion of the agreed services.
4.4 All invoices are payable within 10 days of the invoice date without deduction.
4.5 In the event of late payment, LMC is entitled to charge default interest at the statutory rate pursuant to Section 288 BGB. LMC reserves the right to claim further damages for delay.4.6 The Client may only offset claims against LMC's invoices if the counterclaim is undisputed or has been legally established.
4.2 A deposit of 50% ofthe total project fee is due upon contract formation and before commencement of any work. Work will not begin until the deposit has been received.
4.3 The remaining balance is due upon delivery of the final deliverables or completion of the agreed services.
4.4 All invoices are payable within 10 days of the invoice date without deduction.
4.5 In the event of late payment, LMC is entitled to charge default interest at the statutory rate pursuant to Section 288 BGB. LMC reserves the right to claim further damages for delay.4.6 The Client may only offset claims against LMC's invoices if the counterclaim is undisputed or has been legally established.
5. Client Cooperation and Obligations
5.1 The Client shall provide LMC in a timely manner with all information, materials, and approvals necessary for the performance of the agreed services.
5.2 The Client isresponsible for ensuring that any materials, content, logos, images, or other assets provided to LMC are free of third-party rights or that the Client holds the necessary licenses and permissions.
5.3 Delays caused by the Client's failure to provide timely feedback, approvals, or materials may result in revised delivery timelines and additional costs, for which LMCaccepts no liability.
5.4 The Client shall designate a responsible contact person for communication with LMC and ensurethat approvals can be granted in a timely manner.
5.2 The Client isresponsible for ensuring that any materials, content, logos, images, or other assets provided to LMC are free of third-party rights or that the Client holds the necessary licenses and permissions.
5.3 Delays caused by the Client's failure to provide timely feedback, approvals, or materials may result in revised delivery timelines and additional costs, for which LMCaccepts no liability.
5.4 The Client shall designate a responsible contact person for communication with LMC and ensurethat approvals can be granted in a timely manner.
6. Revisions and Change Requests
6.1 The number of revision rounds included in the agreed scope of services is defined in the individual project proposal.
6.2 Any revision requests beyond the agreed scope will be treated as additional services andinvoiced separately at LMC's applicable hourly rate.
6.3 Fundamental changesto the project brief or direction after work has commenced may result in additional fees and revised timelines, which will be communicated to the Client in advance.
6.2 Any revision requests beyond the agreed scope will be treated as additional services andinvoiced separately at LMC's applicable hourly rate.
6.3 Fundamental changesto the project brief or direction after work has commenced may result in additional fees and revised timelines, which will be communicated to the Client in advance.
7. Intellectual Property and Usage Rights
7.1 All creative works, designs, concepts, and deliverables produced by LMC remain the intellectual property of LMC until full payment of all outstanding invoices has been received.
7.2 Upon receipt of full payment, LMC grants the Client the agreed non-exclusive or exclusive rights of use as specified in the project proposal. Unless otherwise agreed, usage rights are granted for the purpose and territory specified in the offer.
7.3 LMC reserves the right to use completed works for its own portfolio, marketing materials, casestudies, and self-promotion purposes, unless the Client expressly objects in writing prior to contract formation for legitimate confidentiality reasons.
7.4 The Client warrants that all content and materials provided to LMC do not infringe the intellectual property or other rights of third parties. The Client shall indemnify LMC against any third-party claims arising from such infringement.
7.2 Upon receipt of full payment, LMC grants the Client the agreed non-exclusive or exclusive rights of use as specified in the project proposal. Unless otherwise agreed, usage rights are granted for the purpose and territory specified in the offer.
7.3 LMC reserves the right to use completed works for its own portfolio, marketing materials, casestudies, and self-promotion purposes, unless the Client expressly objects in writing prior to contract formation for legitimate confidentiality reasons.
7.4 The Client warrants that all content and materials provided to LMC do not infringe the intellectual property or other rights of third parties. The Client shall indemnify LMC against any third-party claims arising from such infringement.
8. Confidentiality
8.1 Both parties agreeto treat all confidential information received in connection with the project as strictly confidential and not to disclose it to third parties without prior written consent.
8.2 This obligation does not apply to information that is publicly available, already known to the receiving party, or must be disclosed by law or court order.
8.3 This confidentiality obligation shall survive the termination of the contract for a period of three (3) years.
8.2 This obligation does not apply to information that is publicly available, already known to the receiving party, or must be disclosed by law or court order.
8.3 This confidentiality obligation shall survive the termination of the contract for a period of three (3) years.
9. Warranty and Liability
9.1 LMC warrants thatits services will be performed with professional care and in accordance with the agreed specifications.
9.2 The Client shallnotify LMC of any defects in writing within fourteen (14) days of delivery. Defects reported after this period cannot be claimed.
9.3 LMC's liability for damages is limited to cases of intent and gross negligence. Liability for ordinary negligence is excluded to the extent permitted by law, except in cases involving injury to life, body, or health.
9.4 LMC is not liable for any indirect, consequential, or loss-of-profit damages, regardless of the legal basis.
9.5 LMC's total liability in connection with any project shall not exceed the total fees paid by the Client for the relevant project.
9.2 The Client shallnotify LMC of any defects in writing within fourteen (14) days of delivery. Defects reported after this period cannot be claimed.
9.3 LMC's liability for damages is limited to cases of intent and gross negligence. Liability for ordinary negligence is excluded to the extent permitted by law, except in cases involving injury to life, body, or health.
9.4 LMC is not liable for any indirect, consequential, or loss-of-profit damages, regardless of the legal basis.
9.5 LMC's total liability in connection with any project shall not exceed the total fees paid by the Client for the relevant project.
9. Warranty and Liability
10.1 Either party mayterminate the contract for cause with immediate effect if the other partymaterially breaches its obligations and fails to remedy such breach within fourteen (14) days of written notice.
10.2 If the Client cancels a project after contract formation, the deposit of 50% is non-refundable. If work beyond the deposit value has already been performed, LMC is entitled to invoice for all work completed up to the point of cancellation.
10.3 For ongoing retainer agreements, either party may terminate with thirty (30) days' written notice unless otherwise agreed.
10.2 If the Client cancels a project after contract formation, the deposit of 50% is non-refundable. If work beyond the deposit value has already been performed, LMC is entitled to invoice for all work completed up to the point of cancellation.
10.3 For ongoing retainer agreements, either party may terminate with thirty (30) days' written notice unless otherwise agreed.
11. Data Protection
11.1 LMC processespersonal data of the Client solely for the purpose of fulfilling the contractand in accordance with applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
11.2 Further details are set out in LMC's Privacy Policy, available upon request.
11.2 Further details are set out in LMC's Privacy Policy, available upon request.
12. Governing Law and Jurisdiction
12.1 These GTC and allcontracts concluded under them are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or any contract under them is Berlin, Germany, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.
12.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or any contract under them is Berlin, Germany, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.
13. Severability
If any provision of these GTC is or becomes invalid orunenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
LMC Creative Concept UG (haftungsbeschränkt) Berlin, Germany · Version: April 2026
The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent of the original.
LMC Creative Concept UG (haftungsbeschränkt) Berlin, Germany · Version: April 2026