Angaben gemäß §5TMG
Alexander Solomon, Geschäftsführender Gesellschafter
Igor Krasik, Geschäftsführender Gesellschafter
Telefon: +49 (0)681 40 113 111
Umsatzsteuer-Identifikationsnummer gemäß §27a Umsatzsteuergesetz
Wir sind nicht bereit oder verpflichtet, an Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle teilzunehmen.
egal notice I Imprint
All texts, photos and design elements on this website are protected by copyright by Kapito GbR. Any use outside the narrow limits of copyright law without the consent of Kapito GbR is inadmissible and liable to prosecution.
1. content of the online offer
The author accepts no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the author relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are excluded, unless the author can be proven to have acted with intent or gross negligence. All offers are subject to change and non-binding. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to discontinue publication temporarily or permanently.
2. references and links
The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site fromviewing those pages. The author hereby expressly declares that at the time the links were created, no illegal content was discernible on the linked pages. The author has no influence on the current and future design, content or authorship of the linked pages. For this reason, he hereby expressly distances himself from all contents of all linked pages that were changed after the link was created. This statement applies to all links and references set within the author's own website as well as to external entries in guest books, discussion forums and mailing lists set up by the author. Liability for illegal, incorrect or incomplete content and, in particular, for damage arising from the use or non-use of such information lies solely with the provider of the site to which reference is made, and not with the party who merely refers to the publication in question via links.
3. copyright and trademark law
The author endeavours to observe the copyrights of the graphics, sound documents, video sequences and texts used in all publications, to use graphics, sound documents, video sequences and texts created by himself or to use licence-free graphics, sound documents, video sequences and texts. All brand names and trademarks mentioned on the website and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties! The copyright for published objects created by the author himself remains solely with the author of the pages. Any duplication or use of objects such as diagrams, sounds or texts in other electronic or printed publications is not permitted without the author's agreement.
4. data protection
If the opportunity for the input of personal or business data (email addresses, name, addresses) is given, the input of these data takes place voluntarily. The use and payment of all offered services are permitted - if and so far technically possible and reasonable - without specification of any personal data or under specification of anonymised data or an alias. The use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished. We expressly reserve the right to take legal action against the senders of so-called spam mails in the event of violations of this prohibition.
General Terms of Conditions
1 APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF BUSINESS OF KAPITO GbR
1.1 The following General Terms and Conditions shall apply to all contracts with our customers who purchase our products and/or use our services. The customer's general terms and conditions shall not become part of the contract unless we have expressly agreed to them.
1.2 The contract with the customer comes into effect
- with the signing of the executed contract document with service description by each contracting party or
- by our written order confirmation.
2. SUBJECT MATTER OF THE ORDER
2.1 Services and description of services The nature and scope of the services to be provided by us result
- from the service description, which is prepared in cooperation with the customer or is specified by the customer;
- from the offer or order confirmation prepared by us and made the basis of the order by mutual agreement, also with regard to any supplements.
2.2 Subsequent change requests Change requests of the customer with regard to
- the agreed services
- the functional scope and/or the structure of the work to be performed
- other features of the service to be provided, insofar as they represent a deviation from the original subject matter of the contract.
object of the contract. The Company shall be free to carry out the desired changes in return for reasonable additional remuneration. The basis of the additional remuneration shall be the necessary additional expenditure of time and personnel. A change in this sense shall also be understood to be a reduction in the services to be rendered. In the case of an agreement on a lump-sum remuneration, a reduction is only permissible with the consent of the company.
Insofar as deadlines for the performance of contractual services of the COMPANY are specified, these shall only be binding if this has been expressly agreed. Binding dates for the performance of services may only be promised by the project manager on the part of the COMPANY.
4.1 The remuneration of the Company shall be agreed on a project-related basis. Project-related expenses shall be remunerated separately as a matter of principle.
4.2 If a lump-sum remuneration has been agreed, it shall cover the scope of services described in the order confirmation, otherwise all services incurred and performed up to the date of the respective invoice.
4.3 The Company shall issue invoices according to the progress of the work and shall be entitled to request payments on account for services still to be provided. Invoices shall be paid immediately upon receipt by the customer, however, within 2 weeks at the latest. After expiry of this period, default shall occur without reminder, with the corresponding consequences of an obligation to compensate for the damage caused by default.
5. DUTIES TO COOPERATE
5.1 The contracting parties shall each appoint project managers who shall cooperate constructively and lead the project to a successful conclusion. The contractual partner shall be informed immediately of any change in the project management.
5.2 The client is obliged to constructively cooperate in the performance of the service by the company. The duty to cooperate includes in particular the timely provision (if necessary before the start of the order) of the necessary information on
- desired technical standards
- the further use of the contractual performance.
5.3 All documents and materials which the contractual partners provide to each other for the performance of the contract shall be treated confidentially and with care, may only be reproduced for contract-related purposes and may not be made accessible to third parties. They shall be returned to the contractual partner, including any copies made, as soon as they are no longer required for the performance of the service.
6. RIGHTS OF USE
6.1 In principle, the Client shall receive from the Company a simple, non-exclusive right of use, limited to the territory of the Federal Republic of Germany, to all contractual services in the form supplied (i.e. not to design material, individual components, data carriers, etc.) after full payment of the remuneration. Processing or use beyond the purpose of the contract is not permitted. Copyright notices affixed to delivered media may not be removed or changed.
6.2 Further rights of use shall be agreed with the Client individually and shall in principle be subject to additional remuneration.
6.3 The Company shall be entitled
- to name the Client as a reference in a suitable form;
- to archive work results and to make them accessible for an unlimited period of time for the purpose of self-promotion, e.g. on the
to make them accessible for an unlimited period of time;
- to participate in national and international competitions with the contractual services rendered for the client.
Acceptance shall take place after completion of the agreed services, as a rule after a demonstration at a joint acceptance date proposed by the Company. Partial services shall be accepted at the Company's request.
8.1 The COMPANY shall be liable without limitation for damages due to defects of title and lack of warranted characteristics, as well as in the case of intent and gross negligence. Warranted characteristics shall only exist if they are expressly designated as such. The Company shall only be liable for slight negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). Liability under the Product Liability Act remains unaffected (§ 14 ProdHG).
8.2 The Company shall not be liable for the loss of data and/or programs to the extent that the damage is due to the Client's failure to perform timely, continuous and functional data backups and thereby ensure that lost data can be restored with reasonable effort. Liability for data loss shall be limited to the typical recovery effort that would have been incurred if the customer had properly backed up the data in the aforementioned sense.
8.3 The above provisions shall also apply in favour of the Company's employees and vicarious agents.
The COMPANY may assign the provision of services as a whole or with respect to individual partial services to subcontractors (designers, animators, directors, cameramen, actors, screenwriters, etc.). In doing so, the Company shall make a careful selection with regard to reliability and expertise. The Company shall be liable for the subcontractor as for its own vicarious agent.
10. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
The Customer shall indemnify the Company against all claims of third parties arising from infringements of industrial property rights (patents, licences and other industrial property rights) which are asserted in connection with the provision of services and for which the Company is not responsible. The COMPANY shall immediately inform the CLIENT of the asserted claims of third parties.
11. FINAL PROVISIONS
All amendments and additions to contractual agreements must be made in writing. Should individual provisions of these GTC and/or the contract(s) be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. In this case, the contracting parties shall replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply to any points not regulated. The law of the Federal Republic of Germany shall apply to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is the registered office of the company.
Stand: 01. 2023