The type and scope of the services to be performed are determined in each case by the binding offer from madeone. The parties can change the type and scope by mutual agreement at any time after conclusion of the contract by written declaration.
2.1 Strategy Development & Consulting
2.1.1 Service contract law applies to all services in the area of Strategy Development & Consulting (“Consulting Services”). Unless explicitly agreed otherwise between the parties, madeone is not obliged to produce a work within the scope of Strategy Development & Consulting services. Insofar as madeone records its Consulting Services digitally or on physical media, this recording is considered an ancillary service and not an independent work.
2.1.2 madeone will perform the Consulting Services with the necessary care customary in the market and will employ sufficiently qualified staff.
2.1.3 madeone takes no responsibility for information, specifications, concepts or materials provided by the customer. madeone does not provide legal advice and therefore assumes no responsibility for the legal admissibility of the implementation of any consulting results, in particular with regard to distance selling, fair trading or advertising law specifications, product-specific advertising specifications/restrictions, telemedia law specifications and youth protection law specifications.
2.2 3D Product Configurator & Frontend Solutions
2.2.1 In the 3D Product Configurator & Frontend Solutions area, madeone will provide the customer with the respectively agreed madeone software for the agreed term. The customer is responsible for hosting the madeone software. If agreed separately, madeone will support the customer in an advisory capacity with regard to its hosting solution.
2.2.2 If the parties have agreed that madeone should create 3D models of products for the madeone software, the customer must provide madeone with images of the products. In this respect, madeone’s requirements for the images (resolution, file format, viewing angle, number, etc.) must be complied with by the customer.
2.2.3 madeone guarantees that the madeone software has the agreed quality. Excluded from the warranty are malfunctions of the madeone software and damage due to:
(a) Errors or malfunctions or changes in the connected systems or the runtime environment for which madeone is not responsible;
(b) Defective functions of third party software;
(c) Modifications to the madeone software by the customer or a third party not approved by madeone;
(d) Operating errors by the customer;
(e) Malfunctions of third-party systems or in the network infrastructure; and
(f) Defects that have already been corrected in an update of the madeone software that was available to the customer before the damage occurred.
In the event of a significant defect, the customer can demand that madeone rectifies the defect within a reasonable period. If madeone’s attempts to rectify a defect fail twice or if madeone refuses to rectify the defect, the customer may terminate the contract prematurely.
2.2.4 If and to the extent agreed between the parties, madeone will provide the customer with consulting support for the integration of the madeone software (“Integration Consulting”). Service contract law applies to the Integration Consulting.