Terms and Conditions for mm-helper.com
- Scope and Acceptance of Terms By accessing and using this website (the “Site”) or availing of services from mm-helper.com, the customer acknowledges that they have read, understood, and accepted these General Terms and Conditions (T&C). The sole proprietorship Christian Achleitner, Karl Mazzucco Weg 8, 5303 Thalgau, Austria (hereinafter “mm-helper”) operates this Site. The materials contained on this website are protected by applicable copyright and trademark law. Austrian law applies.
- Ownership, Trademarks & Provided Assets The customer remains the owner of all graphics and files created within a fully paid month. mm-helper will never use any of these graphics or files for purposes other than expressly specified or approved by the customer.
- Disclaimer THE MATERIALS ON MM-HELPER’S WEBSITE ARE PROVIDED “AS IS.” MM-HELPER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES.
- Limitations IN NO EVENT SHALL MM-HELPER OR ITS SUPPLIERS BE LIABLE FOR DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON MM-HELPER’S WEBSITE.
- Fees 5.1 Use of mm-helper’s services requires the payment of recurring fees. All amounts owed under this contract are non-cancelable and non-refundable.
- Confidential Information 6.1 The term “Confidential Information” refers to non-public or proprietary information. Both mm-helper and the customer agree to keep each other’s Confidential Information confidential.
- Term and Termination 7.1 This contract expires or ends with the expiration or termination of the account or subscription of a service. mm-helper may terminate this contract at any time if the customer breaches this contract.
- Disclaimer 8.1 MM-HELPER IS NOT RESPONSIBLE FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES OR INDIRECT DAMAGES ARISING FROM THE USE OR INABILITY TO USE THIS SITE.
- Indemnification 9.1 THE CUSTOMER AGREES TO INDEMNIFY MM-HELPER FROM ANY CLAIMS, LIABILITIES, DAMAGES, AND COSTS.
- Links to Third-Party Platforms 10.1 If this Site is available through a third-party platform or contains links to a third-party platform, mm-helper assumes no responsibility for the content or practices of such third parties.
- Disputes and Applicable Law 11.1 This agreement is governed by Austrian law.
- Change of Fees 12.1 mm-helper reserves the right to change the fees with a 5-day advance notice. By continuing to use the services, the customer accepts such changes.
- Sharing with Third Parties 13.1 mm-helper may share all materials shared with it with third parties who cooperate with it. This applies in particular to other design subscription services or similar partner companies or individual freelancer. mm-helper accepts no liability for the actions or omissions of third parties, including, but not limited to, their handling of the shared materials.
- Limitation of Work Volume 4.1 The daily working hours of mm-helper shall not exceed two hours per day. Furthermore, the monthly work volume is limited to a maximum of forty hours. Deviations from these limits require a separate written agreement between the contracting parties.
- Portfolio Rights 15.1 The customer grants mm-helper a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to use all deliverables developed as part of the services for marketing and advertising purposes.
- Force Majeure 16.1 If mm-helper is unable to fulfill an obligation under this contract due to circumstances beyond its reasonable control, mm-helper has no liability to the customer for such failure.
- Privacy 17.1 mm-helper’s privacy policy, which can be found at [link to privacy policy], describes how the customer’s personal information may be used. By continuing to use this Site, the customer accepts the privacy policy.
- Submission and Deadlines 18.1 Short-term Deadlines for Small Tasks To meet the deadlines, the task must be created at least one week before the deadline expires, and no other task may be active at that time. 18.2 Long-term Deadlines In the monthly strategy meeting, the Creatives for the quarter are determined. Based on this, a quarterly plan is created that contains the final deadlines for the respective Creatives.
- Copyright and Provided Materials 19.1 The customer declares and warrants that they are the lawful author or holder of the required rights, licenses, and permissions for all materials, texts, images, trademarks, and other content that they forward to mm-helper or that mm-helper should use on behalf of the customer. The customer assures that the use of these materials by mm-helper does not violate the rights of third parties, including copyrights, trademark rights, or other intellectual property rights. 19.2 The customer is liable for all claims, losses, costs, and damages that mm-helper incurs as a result of violations of this assurance and indemnifies mm-helper from all claims by third parties that may arise from a violation of this assurance.
- Severability Clause 20.1 Should a provision of these T&C be or become ineffective or unenforceable, this does not affect the effectiveness of the remaining provisions.