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Information according to § 5 TMG

inuit GmbH
Mundsburger Damm 2
22087 Hamburg
Registry court: Hamburg Local Court
HRB 166567 / UST-Id.-Nr DE340115744
Represented by Laura Westerheider
040 – 74 32 59 89

The general terms and conditions apply 

Liability for contents

As a service provider, we are responsible for our own content on these pages in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

Liability for links

Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognizable at the time of linking. However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.


The contents and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.

Content of the GTC:


By placing an order, the client accepts the following general terms and conditions:


1.1 These Terms and Conditions apply to all contracts between inuit GmbH, Mundsburger Damm 2, 22087 Hamburg (hereinafter referred to as “inuit”) and the Client for the provision of services in accordance with the attached service description. These Terms and Conditions shall not apply if the Client is a consumer.

1.2 Insofar as these Terms and Conditions have been included once in an agreement between inuit and the Client, they shall also apply to future agreements between the Parties.


2.1 The offers of inuit are subject to change and non-binding.

2.2 A contract shall be concluded when inuit accepts an order or order confirmation from the Client in writing or verbally. The contractual performance of inuit results from the service description.

2.3 inuit shall endeavor to fulfill the Client’s order as quickly as possible. A binding deadline for completion shall require an express written agreement. Even in the case of bindingly agreed deadlines, inuit is entitled, in the event of a delay in the provision of services due to force majeure or due to circumstances that make it significantly more difficult or temporarily impossible for inuit to provide the service, to extend delivery or performance times affected by the delay by a reasonable period of time, if necessary plus a reasonable start-up time, and to reasonably postpone affected delivery or performance dates, if necessary plus a reasonable start-up time. This shall not apply insofar as inuit is responsible for these circumstances.

2.4 The production of a specific work or the achievement of a specific success by inuit in connection with the activity is only owed on the basis of an express agreement. In particular, the achievement of certain search engine rankings, traffic, website visitor or customer numbers or increases, sales or profit increases, social media follower reactions or increases are not the subject of the contract. Advice in legal matters (in particular in connection with conversion optimization) is not the subject of the contract.

2.5 Insofar as the Client grants third parties access to its online platforms, social media accounts, websites or other online presences that are the subject matter of the contract, the observation, monitoring, editing or deletion of the content published there by these third parties as well as other consulting activities in connection with this content shall not be the subject matter of this contract.

2.6 The suitability of the service for a specific purpose pursued by the Client, which goes beyond the freedom from defects, is not the subject of this contract.

2.7 Insofar as inuit uses a third party to fulfill its contractual obligations as agreed, the respective terms and conditions of this third party shall apply in addition. The terms and conditions of the third party valid at the time of the conclusion of the contract shall be attached to these General Terms and Conditions as an annex at the request of the Client.


3.1 The Client undertakes to provide inuit in a timely manner with all data, documents or other resources required for the execution of the order in accordance with the offer. This applies in particular to texts, photos, logos, graphics, films, pieces of music, style guides, previously existing website elements or layouts, technical specifications, as well as access data.

3.2 The Client shall hand over the data, documents or other aids in the agreed form. In the absence of specific agreements, the Client shall provide the documents electronically in a standard storage format. The Customer is obligated to use state-of-the-art protection programs against computer viruses for data transmissions prior to transmission.

3.3 The Client shall inform inuit in good time of the circumstances relevant to the fulfillment of its contractual obligations and provide the background information required for this purpose.

3.4 Insofar as the Customer fails to fulfill its cooperation obligations in due time or in full, inuit shall be entitled to extend delivery or performance times affected by the delay by a reasonable period of time (plus a reasonable start-up time, if applicable) and to reasonably postpone affected delivery or performance dates (plus a reasonable start-up time, if applicable).

3.5 inuit shall be entitled but not obligated to independently carry out preliminary work, in particular on the Customer’s delivered or transmitted data, to the extent necessary without further consultation, if this is in the Customer’s interest or is required to meet the completion date. Insofar as the Customer’s data deviates from the agreed specifications and errors arise in the final product as a result of a corresponding adjustment, these shall not be at the expense of inuit. This shall not apply insofar as inuit is responsible for these deviations. The Customer expressly declares that such work is carried out at his risk and that any complaint is excluded. Such work will be invoiced according to the time spent on it.

Customer hereby gives the following warranties:

4.1 The guarantee that the data and documents provided to inuit are not encumbered with third-party rights, have been produced without infringing any third-party rights (in particular copyrights, ancillary copyrights, design rights, or trademark rights), and can be evaluated and modified.

4.2 The guarantee to dispose of all transferred rights free of third party rights. The Client also guarantees not to have already disposed of the transferred rights vis-à-vis third parties nor to dispose of them in the future.

4.3 The guarantee of the correctness and completeness of the information provided by the Client with regard to the data and documents made available to inuit.

4.4 The guarantee that the client has granted to himself in the contracts with all contributors to the data and documents made available to inuit the corresponding necessary rights of the contributors in transferable form and to inuit GmbH, Mundsburger Damm 2, 22087 Hamburg / / 040/30745313 at least to the extent of this contract. All guarantees of the Client contained in the present contract shall constitute independent guarantee promises.

4.5 The Client shall indemnify inuit against all claims and demands made by third parties against inuit on account of the alleged or actual breach of the Client’s obligations under this contract. The same shall apply with regard to any attorney’s fees and court costs as well as all expenses and damages incurred directly or indirectly by such a claim against inuit. Should claims be asserted by third parties that affect this contract, in particular affecting the evaluation of the data and documents provided to inuit, the Client shall be obligated to take all legal actions that are suitable and necessary from the point of view of inuit for the corresponding legal preservation; the Client shall, if necessary, make additional agreements with the claimant third party after consultation with inuit that remove the obstacle to the fulfillment of this contract. Irrespective of this, inuit is entitled, but not obliged, without prejudice to further claims, to satisfy claims of third parties for the account of the Client after prior written consent of the Client in the individual case or to otherwise remove impairments to the performance of this contract. This also includes the judicial assertion and defense of claims of all kinds in its own name or in the name of the client. In the event that legal claims are asserted against inuit by third parties, the Client shall promptly, completely and truthfully provide inuit with all information necessary for the examination of the claims and defense.

4.6 inuit shall not carry out a separate individual examination as to whether asserted claims by third parties are justified or unjustified. The Client is responsible for providing the necessary evidence for the actual harmlessness of the content.

4.7 The Client is obligated to make backup copies of all data and documents that it provides to inuit – regardless of the form.

4.8 The Client is prohibited from using the services of inuit for legally inadmissible content.


5.1 The data, documents and information provided to inuit shall not be deemed confidential unless expressly agreed otherwise.

5.2 The Client undertakes, subject to any official or statutory obligations to provide information, to treat as confidential all business and trade secrets as well as other business or operational facts concerning inuit, its customers or other third parties involved which become known to it in the course of its work for inuit. This includes, in particular, customer relationships as well as supplier relationships and contractual agreements with these persons. This duty of confidentiality shall also continue after termination of the contractual relationship.

5.3 Insofar as inuit uses third parties to provide the services offered, inuit is entitled to disclose the Customer Data to the third party if and insofar as this is necessary for the contractual purposes. The disclosure of data by the cooperation partners to other third parties is not permitted. Any communication with the cooperation partners shall run directly through inuit.

5.4 The Client undertakes to observe the data secrecy protected under the German Federal Data Protection Act and, in particular, not to process, disclose, make accessible or otherwise use any protected personal data without authorization for a purpose other than that pertaining to the respective lawful fulfillment of the task. This obligation shall continue to exist even after termination of the contractual activity.

5.5 The Principal agrees to the storage of his personal data and its forwarding to the customer inuits for the purpose of fulfilling the contractual order. The Client shall be entitled to the right to information at any time with regard to his personal data stored by inuit. Furthermore, the client has the right to correct, block or delete his personal data at any time. The Client may assert these rights either by e-mail to or in writing to the following address: inuit Gmbh, Mundsburger Damm 2, 22087 Hamburg. No costs other than transmission costs according to the prime rates shall be incurred for this.


6.1 Insofar as the subject matter of the contract is the creation of a work, this shall include the granting of rights of use to this work. For inuit, there is freedom of design within the scope of the order.

6.2 The provisions of the Copyright Act shall apply accordingly with regard to the Designs, Work Drawings and other contractual services created by inuit, even if the level of creation required under Section 2 UrhG is not achieved.

6.3 The Works, Designs, Work Drawings and other contractual performances of inuit may only be used for the agreed type of use and the agreed purpose to the agreed extent. In the absence of an express agreement, the purpose of the contract shall be deemed to be only the purpose made recognizable by the Principal when the order was placed. Any other or further use is only permitted with the consent of inuit and after agreement of an additional usage fee.

6.4 Without inuit’s consent, the Work, including the copyright designation, may not be altered either in the original or in the reproduction. Any imitation – even of parts or details – is not permitted. A culpable violation entitles inuit to demand a lump sum for damages in an appropriate amount, but at least in the amount of one and a half times the agreed remuneration. The Client is entitled to prove that inuit has incurred no damage or only significantly less damage.

6.5 The rights of use are granted in a non-transferable manner. The further transfer of granted rights of use to third parties requires the consent of inuit. inuit is entitled to claim information from the Client regarding the scope of use.

6.6 Suggestions and instructions of the Client for technical, creative and other reasons and his other cooperation shall have no influence on the amount of the remuneration. Insofar as the Client acquires a joint copyright pursuant to Section 8 UrhG as a result of his suggestions or instructions, he shall waive his share of the exploitation rights and his editing and redesign right pursuant to Section 23 UrhG in favor of the other joint authors in accordance with Section 8 (4) UrhG.

6.7 inuit shall not separately check whether the image or text material, samples and other data and documents provided by the Client are free of third-party rights. The examination is the sole responsibility of the Client.

6.8 The drafts, layouts, rough cuts, concepts, pitch ideas and other services serving the creation of the contractual work created by inuit may only be used by the Client for the purpose of viewing and testing. In particular, the use on websites, in social media or for similar purposes such as use in test advertising measures is expressly prohibited. If the Designs are culpably used without acquiring a right of use, inuit shall be entitled to damages of at least double the agreed remuneration. The Client is entitled to prove that inuit has not incurred any damages or only significantly lower damages.

6.9 The rights of use shall only be transferred to the Client after full payment of the remuneration. inuit shall remain the sole owner of the rights to scripts and programs created even after full payment of the remuneration. Property rights shall only be transferred on the basis of a separate agreement.

6.10 inuit is entitled, while safeguarding the legitimate interests of the Client, to use the contractual work as well as parts thereof for reference purposes and for self-promotion purposes in all media. The Client is obligated to provide inuit with three flawless samples of each of the reproduced Works free of charge. inuit is entitled to add a copyright notice or inuit’s company logo to the contractual Work in a suitable location. If the Client culpably infringes inuit’s right to name, he shall be obligated to pay inuit a contractual penalty in addition to the remuneration owed in this respect in an appropriate amount – but at least in the amount of the remuneration agreed in this respect.

6.11 The Client is obligated to have all edits or changes approved by inuit made by inuit itself. This shall not apply insofar as this is unreasonable for economic, advertising or technical reasons.


7.1 Drafts and working drawings together with the granting of the rights of use form a single service, insofar as no individual calculation has been agreed in the service description. All activities performed by inuit for the Client within the scope of the contractual order shall be subject to a charge, unless expressly agreed otherwise.

7.2 The remuneration shall be due upon acceptance of the contractual services.

7.3 If work is delivered in parts in accordance with the contract, the corresponding partial remuneration shall be due in each case upon acceptance of the part. This shall apply in particular to the preparation of concepts, layouts and other drafts.

7.4 Insofar as the execution of the order extends over a period that is not only insignificantly longer than the agreed period due to circumstances arising after the conclusion of the contract, inuit may demand reasonable down payments in accordance with the work already performed. This does not apply if inuit is responsible for the circumstances causing the delay.

7.5 Should cost increases occur during the execution of the order that were not foreseeable at the time of the conclusion of the contract, the Client will be informed of these without delay. inuit is entitled to a corresponding reasonable adjustment of the agreed remuneration. This does not apply insofar as inuit is responsible for the circumstances causing the cost increases.

7.6 If no explicit cost estimate or offer is provided by inuit, a remuneration of 150.00 EUR (plus VAT) per hour or part thereof shall be deemed agreed. Insofar as inuit bases its invoicing on a shorter cycle, this shall only affect the respective invoicing and shall have no effect on other contractual relationships existing between the parties.

7.7 All stated remuneration amounts are net amounts, which are to be paid plus value added tax. Any reductions or discounts must be made in writing.


8.1 Acceptance of the contractual works shall take place within a reasonable period of time after delivery.

8.2 If acceptance has not taken place by the Client after a reminder or within a maximum of fourteen working days after delivery of the contractual services, the design shall be deemed accepted and invoiced. inuit undertakes to separately inform the Client of the intended significance of his conduct at the beginning of the period.

8.3 If the Client unjustifiably withdraws from the contract or unjustifiably refuses acceptance, he shall be in default of acceptance. In the event of default in acceptance, inuit shall be entitled to insist on fulfillment of the contract or to demand compensation for non-fulfillment as a substitute. Subject to further claims, inuit may claim 15% of the agreed remuneration as compensation. The Client is entitled to prove that inuit has incurred no damage or only significantly less damage.

8.4 Shipments shall be made at the expense and risk of the Client. In the event of shipments to the Client or to third parties named by the Client, the risk shall pass to the Client upon delivery of the item to be shipped to the person or institution designated to carry out the shipment.


9.1 The term of the contract shall be the term of the contract agreed by the Customer and inuit.

9.2 If a shorter contract term than 3 months has been agreed, termination of this Agreement shall be excluded pursuant to Section 649 of the German Civil Code (BGB). The termination of this agreement for good cause shall remain unaffected.

9.3 If the Client terminates this agreement pursuant to Section 649 of the German Civil Code (BGB) prior to completion of the work, inuit shall be entitled, subject to further claims, to demand payment of 15% of the agreed remuneration. inuit GmbH, Mundsburger Damm 2, 22087 Hamburg, Germany

Deutsche Bank IBAN: DE02 2007 0024 0082 5521 00 BIC: DEUTDEDBHAM 040/30745313


10.1 inuit points out that, according to the current state of technology, it is not possible to produce hardware and software in such a way that it works error-free in all conceivable applications or can be protected against any manipulation. inuit only warrants that software used or provided by inuit will function essentially in accordance with the manufacturer’s service description at the time of transfer under normal operating conditions and with normal maintenance.

10.2 The creation or editing of websites or online advertising materials (in particular advertising banners) shall be carried out in such a way that they are built up quickly and completely on the browsers customary at the time of acceptance. inuit does not guarantee that the websites or online advertising materials will also function properly on older or non-standard browsers.

10.3 Insofar as a separate acceptance has been agreed with regard to the draft content and design, complaints based on purely artistic aspects within the framework of the conception may only be asserted once, insofar as no number of correction rounds has been agreed. inuit is not obligated to make further purely artistic changes after correction has been made. Artistic differences within the framework of the agreed concept do not constitute a defect. Insofar as the Work is produced in accordance with the approved concept, draft, layout, pitch idea, script or other specifications of the Client and, insofar as it deviates from these, only contains deviations based on instructions of or approved by the Client, and otherwise complies with the agreed requirements, the Client shall be obligated to accept it (exclusion of so-called taste returns).

10.4 The Principal shall be liable – without prejudice to any guarantees assumed – to inuit for intent and negligence. Upon request, the Client shall provide inuit with evidence of the existence of liability insurance covering damage caused by the Client to inuit, inuit’s clients or third parties in the course of the performance of this contract.

10.5 inuit shall be liable to the Client for damages in the event of intent and gross negligence on the part of inuits, its representatives, executive employees and other vicarious agents. The same shall apply in the event of culpable injury to life, limb or health, in the event of the assumption of guarantees or other strict liability as well as in the event of claims under the Product Liability Act. In the event of a simple negligent breach of material contractual obligations vis-à-vis the Client (obligations the fulfillment of which is a prerequisite for the proper performance of the contract and the observance of which the Client may regularly rely on, so-called main contractual obligations) by inuit, its representatives, executives or simple vicarious agents, inuit’s liability shall be based on the merits, but limited in amount to the foreseeable damage typically incurred. In all other respects inuit’s liability towards the Principal is excluded.

10.6 Insofar as inuit’s liability is excluded or limited, this shall also apply to the personal liability of its representatives, executives and vicarious agents.


11.1 inuit shall retain title to the items delivered by it until full payment of the remuneration (including any VAT and other costs to be borne by the Buyer), and in the case of an ongoing business relationship until full payment of all claims arising from the business relationship (including any VAT and other costs to be borne by the Buyer).

11.2 In the event of the treatment or processing of materials, inuit shall be deemed the manufacturer pursuant to Section 950 of the German Civil Code (BGB) and shall immediately acquire ownership of the newly created item. Insofar as the treatment or processing is carried out from materials of several owners or the value of the processed item is higher than the value of the Reserved Goods, inuit is limited to a co-ownership share in the ratio of the value of the Reserved Goods to the value of the newly created item. Insofar as no such acquisition of ownership occurs for inuit, the Customer hereby transfers his future ownership or – in the above-mentioned ratio – co-ownership of the newly created item to inuit as security. Insofar as the reserved goods are combined or inseparably mixed with other items to form a uniform item and one of the other items is to be regarded as the main item, inuit shall, insofar as it owns the main item, transfer proportionate co-ownership of the uniform item to the Customer in the ratio stated in sentence 2. The property thus acquired by inuit shall be deemed reserved property.

11.3 Until full payment of the remuneration, the Client is obligated to handle the delivered items with care and to treat them with care. If a remuneration of € 5,000.00 or more has been agreed for the delivered items, the Customer shall be obliged, until the remuneration has been paid in full, to insure the purchased item at its own expense against theft, water damage and fire damage sufficiently at the current market value at the time the contract was concluded. If the Customer breaches one of the obligations incumbent upon him under this paragraph, inuit shall be entitled, after the unsuccessful expiration of a deadline set to remedy the breach of obligation, to terminate any installment payment agreement entered into and to make the remaining total price due for immediate payment, or to withdraw from the contract. The setting of a deadline shall not be required if special circumstances exist which, after weighing the interests of both contracting parties, justify the immediate withdrawal or the immediate total due date of remaining partial payments.

11.4 Unless otherwise agreed, the Customer shall be obliged not to sell or otherwise dispose of the delivered items or its expectant right acquired in the delivered items until the remuneration has been paid in full.

11.5 If the Customer is permitted to sell or otherwise dispose of the delivered items or his acquired expectant right thereto prior to full payment of the remuneration, the Customer hereby assigns to inuit as security for the remuneration claim to which inuit is entitled the claims which the Customer acquires against his customers as a result of the sale or other disposal. inuit accepts the assignment. In the event of default in payment, the Client is obligated to immediately inform inuit of the debtor of the assigned claim. In order to avoid over-securing, inuit undertakes to release the assigned claims at the request of the Client to the extent that their value exceeds the claims to be secured by more than 10 percent. inuit shall be entitled to collect the assigned claims in inuit GmbH, Mundsburger Damm 2, 22087 Hamburg , Deutsche Bank IBAN: DE02 2007 0024 0082 5521 00 BIC: DEUTDEDBHAM its own name as soon as and insofar as the Client is in default of payment of the remuneration. inuit shall inform the Client of the assignment 3 days prior to disclosure to the Client’s customer.

11.6 Until payment of the remuneration in full, the Client is obliged to inform inuit immediately in writing if the delivered items or the assigned claim have been seized by third parties, if seizure is imminent, or if the delivered items or the assigned claim are subject to other interference by third parties or if such interference is imminent. Insofar as the third party is not in a position to reimburse inuit for the judicial and extrajudicial costs for the legal defense against such an attachment or other interference (in particular a third-party action pursuant to Section 771 of the German Code of Civil Procedure (ZPO)), the Client shall be liable to inuit for the loss.

11.7 inuit is in particular entitled to take back the delivered goods or to demand surrender to itself or to a third party named by it if inuit has withdrawn from the contract in accordance with the provisions of these General Terms and Conditions or in accordance with the statutory provisions. Taking back the reserved goods shall only constitute a withdrawal from the contract if inuit expressly declares this in writing. If inuit withdraws from the contract, inuit may demand reasonable compensation for the duration of the transfer of use of the goods.


12.1 The Client shall only have a right of set-off against inuit if its counterclaims have been legally established or recognized by inuit. The Client shall only have a right of retention against inuit if its counterclaims are based on the same legal relationship. The commercial right of retention pursuant to § 369 of the German Commercial Code (HGB) is excluded for the Client. Notwithstanding the provision of § 354a HGB, the Client is not entitled to assign its claims against inuit to third parties.

12.2 Claims of the Client against inuit due to a defect in the contractual service shall become time-barred one year after declaration of acceptance. This shall not apply to claims for damages due to injury to life, body or health and to claims for damages due to damage caused by gross negligence or intent on the part of inuit. In this respect, the statutory limitation periods shall apply.

12.3 If the Client is in default of payment, inuit shall be entitled to a right to refuse performance with regard to further services still to be provided under all contracts existing between inuit and the Client.


13.1 The Client is an independent contractor and shall prove this to inuit upon request. The payment of taxes and duties arising from its activities, in particular also of taxes dependent on earnings and turnover, is the exclusive responsibility of the Client.

13.2 If the Client is not liable for tax in the Federal Republic of Germany or is only liable for tax to a limited extent, the Client will inform inuit of this immediately and in writing. Of the contractual payments to the Client that are subject to statutory tax deduction in such a case, inuit will make the statutory tax deduction and transfer it to the competent tax authority, unless the Client has obtained a so-called “notice of exemption” from the competent tax authority in the context of an agreement for the avoidance of double taxation for the contractual payments in question and has submitted this to inuit in the original. Apart from the above exception, the Client shall pay its own taxes on the contractual payments. In the event that certain tax amounts are withheld by inuit or its clients in accordance with relevant tax legislation, this is acknowledged by the Client.


14.1 If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of performance and jurisdiction for all disputes arising from this contractual relationship shall be Hamburg. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

14.2 Changes of address shall be notified to the other party without undue delay.

14.3 The possible invalidity of a provision shall not affect the validity of the contract in its entirety. The contracting parties undertake to replace an invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply in the event of a gap in the contract.

14.4 Terms and conditions of business of the Client that are wholly or partially inconsistent with the content of these Terms and Conditions of Business shall not be accepted by inuit. Deviating terms and conditions of the Principal shall only become effective upon written confirmation by inuit. This shall also apply in the event that an order is executed with knowledge of the Client’s terms and conditions to the contrary.

14.5 All declarations made in the context of the execution of this contractual relationship as well as the cancellation and/or amendment of the present contract must be made in writing. The cancellation of the written form requirement agreed herewith shall also require the written form. The parties agree that the written form shall be complied with by sending mutually signed declarations by fax as well as by e-mail. Verbal collateral agreements have not been made.

inuit GmbH, Mundsburger Damm 2, 22087 Hamburg
Place of performance and jurisdiction is Hamburg.
UST-Id. no. DE340115744
German Bank
IBAN: DE02 2007 0024 0082 5521 00