(1) These General Terms and Conditions (hereinafter referred to as 'GTC') regulate the contractual relationship between Cheggl GmbH (hereinafter referred to as the 'Provider') and the client (hereinafter referred to as the 'Orderer'). They apply to all services offered by the Provider in the version valid at the time of ordering.
(2) Deviating, conflicting or supplementary General Terms and Conditions of the client are expressly not recognized unless the Provider agrees to their validity in writing.
(3) The client agrees to the application of the GTC by placing an order or using the Provider's services. The currently valid version of the GTC is made available to the client during the ordering process or upon registration.
(4) Cheggl GmbH offers the following services via its platform www.cheggl.com:
(5) The Provider reserves the right to expand, adapt or discontinue these services, provided this does not affect the essential contractual obligations. Changes to the scope of services will be communicated to the client in a timely manner.
(1) Contracts on this portal can be concluded in the languages offered.
(2) The offers presented by Cheggl GmbH are exclusively aimed at commercial companies as well as associations and organizations with an invoice and delivery address in Europe.
(3) A client (orderer) must have reached the age of 18.
(4) The presentation of the services does not constitute a legally binding offer. By presenting the services, the client (orderer) is merely invited to make an offer.
(5) An order constitutes an offer to Cheggl GmbH to conclude a purchase contract. The client (orderer) submits a binding offer when he has completed the online ordering process by entering the required information and clicks the order or booking button in the last ordering step.
(6) The purchase contract between Cheggl GmbH and the client (orderer) is only concluded by a declaration of acceptance by Cheggl GmbH. This takes place at the earlier of the two dates, either production of a video, registration on www.cheggl.com, placement of an advertisement or sending of an order confirmation by e-mail. Confirmation of receipt of an order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts and the commercial resale of the subject matter of the purchase require express confirmation by Cheggl GmbH. This applies both to the number of services ordered as part of an order and to the placement of several orders for the same service.
(8) The orders are stored at Cheggl GmbH after conclusion of the contract.
(9) Access to the use of the services offered on www.cheggl.com requires registration on the website.
(10) By registering, the client (orderer) acknowledges these GTC. Registration creates a contractual relationship between Cheggl GmbH and the registered orderer, which is governed by the provisions of these GTC.
(11) By ordering a chargeable service, the registered orderer enters into a further contractual relationship with Cheggl GmbH, separate from the registration. The user is informed about the respective chargeable service and the payment conditions before concluding this contractual relationship. The contractual relationship is created when the client (orderer) acknowledges and releases the order and payment obligation (e.g. by clicking on an order button).
(1) The scope of services of Cheggl GmbH includes, among other things:
(2) The Provider reserves the right to further develop or adapt the services offered, provided this does not affect the fulfillment of the contract.
(1) All prices published on the platform are plus the legally valid value added tax.
(2) If a price is incorrectly marked by mistake, the client (orderer) will be contacted before using the service to confirm or cancel the order. The prices valid at the time of ordering apply.
(3) The use of the services requires registration on the platform and the creation of a user account.
(4) If the client (orderer) wishes to use chargeable services, he will be informed about the chargeability, the scope of services and the payment conditions before concluding the contract.
(5) Cheggl GmbH reserves the right to offer different remuneration models and scopes of services, which may differ depending on the time of booking, user group or duration of use.
(6) The current prices for video productions apply in connection with the presentation of the client's videos on the platform.
(7) Each client of a membership will be set up with a customer profile page. This contains videos, contact details and additional information that the client provides during registration. The client is responsible for the accuracy of this information.
(8) Annual presentation fees are charged for hosting the profile page and streaming the videos. These are to be paid in advance.
(9) The presentation on the platform is billed annually and is automatically renewed unless it is cancelled in due time. The notice period is at least three months before the end of the contract period.
(10) The rights to the marketing of the advertising space on all pages of the platform remain exclusively with Cheggl GmbH.
(1) Video productions take place on the agreed shooting day and location.
(2) If Cheggl GmbH discovers during the processing of an order that the ordered services cannot be provided, the client will be informed immediately. The client's statutory rights remain unaffected.
(3) The provision of the ordered services takes place after conclusion of the contract and in accordance with the agreed dates and conditions.
(4) If the client wishes changes or additional services during production, he bears the additional costs incurred. Cheggl GmbH informs the client about the additional costs before implementation.
(5) The Provider reserves the right to reject orders if their contents or technical requirements impair feasibility.
(6) Agreed dates will be adhered to if possible. Claims of third parties or claims for damages due to delays in dates are excluded.
(1) By registering and providing the information necessary for the payment procedure, the client authorizes Cheggl GmbH to collect the corresponding amount.
(2) Payment for products, video productions and advertising services is due upon ordering, unless expressly agreed otherwise.
(3) The presentation fee for the membership will be charged for the first time on the day of the order for the period of one year. After that, the billing takes place annually on the same date, unless a cancellation occurs.
(4) Accepted payment methods include:
(5) Certain payment methods may be excluded at the discretion of Cheggl GmbH.
(6) Cash payments or payments by check are not permitted.
(7) In the case of an online payment procedure, the client grants Cheggl GmbH permission to collect the due amounts at the time of ordering.
(8) All invoices are to be paid within 10 days of the invoice date without deduction. Prices are plus statutory value added tax.
(9) The works produced by Cheggl GmbH remain the property of the Provider until full payment has been made.
(1) The client declares that he and his employees have not been convicted of an intentional criminal offense that endangers the safety of third parties, in particular not for criminal offenses pursuant to §§ 174 ff., §§ 211 ff., §§ 223 ff., §§ 232 ff., §§ 242 ff., §§ 249 ff. German Criminal Code or for drug abuse.
(2) A user account is intended for the sole use of the client. Transfer or authorization of third parties is not permitted.
(3) Termination of a chargeable service (e.g. company presentation) is possible at the latest three months before the end of the contract period. If this period is not observed, the term is automatically extended by the original duration (12 months). Terminations must be submitted in writing by e-mail or post and will be confirmed in writing.
(4) Cheggl GmbH reserves the right to terminate the contractual relationship without notice in the event of a culpable breach by the client and to demand damages in the amount of the remaining remuneration. The parties remain free to prove higher or lower damages.
(5) After termination of the contractual relationship, all data of the client will be deleted, unless statutory retention obligations prevent this.
(1) Cheggl GmbH is not liable for the accuracy, timeliness or completeness of the content or data provided by the client.
(2) Contracts for services and presentations/bookings on the platform are concluded exclusively between the users. Cheggl GmbH assumes no liability for claims arising from these contracts.
(3) In the event of violations of essential contractual obligations, Cheggl GmbH is only liable for foreseeable, typical damages. For all other damages, it is only liable in the event of intent or gross negligence.
(4) The Provider reserves the right to check and remove content if it violates applicable law or the GTC.
(5) The Provider is not liable for technical or artistic errors that are outside the sphere of influence of Cheggl GmbH.
(6) The client bears the risk for provided props and materials during productions.
(7) All copyright and usage rights to produced videos remain with Cheggl GmbH until full payment has been made. The client only receives the usage rights agreed in the contract, which are recorded in writing.
(8) In the event of infringements of rights by content or materials provided by the client, the client indemnifies Cheggl GmbH from all claims of third parties and assumes all costs of legal defense.
(9) Product placements in video productions are made by arrangement, the liability for legal consequences of such placements lies with the client.
(6) Withdrawal before start of production: If the client withdraws from the order before the start of shooting without fault on the part of Cheggl GmbH, all costs incurred up to that point will be charged. If the withdrawal occurs after the scheduled start of shooting, the agreed total amount becomes due.
(1) Reservation until payment: Cheggl GmbH reserves ownership of all produced works and services until full payment has been made.
(2) Copyright: All rights to the contents of the film works, including texts, video sequences, illustrations, graphics, audio files and music, remain with Cheggl GmbH, unless they have been expressly transferred otherwise.
(3) Intellectual property: Treatments, scripts, drawings, plans and similar documents created by Cheggl GmbH remain the intellectual property of the Provider, unless they are used in the film or have been separately remunerated.
(4) Use by the client: Documents provided by the client can be returned on request. Any use of these documents beyond this requires the prior written consent of Cheggl GmbH.
(1) Exploitation rights of Cheggl GmbH: The client transfers to Cheggl GmbH in accordance with § 38/1 UrhG all necessary copyright exploitation rights, in particular reproduction, distribution, broadcasting, performance and related rights. These rights are also managed by Cheggl GmbH after completion of the video.
(2) Material retention: All material (image and sound) created in the course of production remains with Cheggl GmbH for 3 months to secure the exploitation rights.
(3) Self-promotion: Cheggl GmbH is entitled to place the company name and company logo as a copyright notice in the videos and to use them for self-promotional purposes.
(4) Usage rights for the client: The client receives the usage rights for the following purposes:
(5) Restrictions: The publication of the videos on further listing portals, commercial platforms or registers is prohibited without the written consent of Cheggl GmbH.
(6) Prohibition of processing: Without prior written permission, the videos may not be copied, edited, reproduced or otherwise exploited. All rights not expressly granted remain with Cheggl GmbH.
(7) Liability of the client: The client is responsible for the legally compliant use of the videos and indemnifies Cheggl GmbH from claims of third parties resulting from unauthorized use.
(1) If the client (orderer) is not a consumer, any defect in the products and services of Cheggl GmbH will be remedied by new delivery or new performance.
(2) The limitation period for defects is one year. This does not apply to claims for damages and reimbursement of expenses that relate to compensation for damage in relation to body and health or to intent or gross negligence.
(1) Cheggl GmbH is liable for claims for damages by the client (orderer) due to the violation of essential contractual obligations, as well as for other damages that are based on its intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the purpose of the contract. The liability of Cheggl GmbH is limited to the foreseeable, contract-typical damage.
(3) For simple negligence, Cheggl GmbH is only liable in the event of a violation of essential contractual obligations and also limited to the contract-typical, foreseeable damage.
(4) Liability for damages resulting from the violation of life, body or health remains unaffected.
(5) Cheggl GmbH is not liable for indirect damages, lost profits or other consequential damages, unless these are based on gross negligence or intent.
(6) The provisions of the Product Liability Act remain unaffected by these liability regulations.
(1) Right of withdrawal for consumers: The client (orderer) has the right to withdraw from a contract concluded with Cheggl GmbH within fourteen days without giving reasons, provided it is a consumer contract within the meaning of § 13 BGB. The withdrawal period is fourteen days from the day of the conclusion of the contract.
(2) Consequences of withdrawal: In the event of an effective withdrawal, Cheggl GmbH will immediately, but no later than within 14 days of receipt of the declaration of withdrawal, refund all payments received from the client including the delivery costs. For this repayment, Cheggl GmbH uses the same means of payment that the client used in the original transaction, unless expressly agreed otherwise.
(3) Special notes: The client (orderer) may lose the right of withdrawal if Cheggl GmbH has completely provided the service and the client has expressly agreed to the start of the execution.
(4) Exceptions from the right of withdrawal: There is no right of withdrawal for contracts for services that are individually tailored to the client or clearly tailored to his needs.
(1) If personal data (e.g. name, address, e-mail address) is collected, Cheggl GmbH undertakes to obtain the consent of the client (orderer). The processing takes place in accordance with the applicable data protection laws, in particular the GDPR.
(2) Cheggl GmbH undertakes to use personal data only for the fulfillment of the contract and legally permissible purposes. A transfer to third parties only takes place with the express consent of the client or within the framework of legal obligations.
(3) The client has the right at any time to information about the data concerning him, their correction, deletion or restriction of processing as well as the right to data portability. Requests in this regard can be sent to the address mentioned in §18.
(4) The client has the right to lodge a complaint with the competent data protection authority if he believes that the processing of his personal data is unlawful.
(5) Further information on the processing of personal data can be found in the separate data protection declaration of Cheggl GmbH.
(1) To provide the services and to improve the user experience, Cheggl GmbH uses cookies. Cookies are small text files that are stored on the user's device.
(2) The website uses both temporary cookies, which are deleted after the end of the browser session, and permanent cookies, which remain on the device for a certain period of time in order to identify recurring users.
(3) The user is informed about the use of cookies when visiting the website for the first time and has the option of accepting or rejecting the use of certain cookies. This is done via a cookie banner that informs the user about the different cookie categories.
(4) Users can prevent the storage of cookies by making the appropriate settings in their browser or delete already stored cookies. Instructions for this can be found in the help function of the respective browser.
(5) By using the website, the user agrees to the use of cookies, unless he has restricted this by the aforementioned measures.
(1) Ownership of content: All content provided on the Cheggl.com platform, including but not limited to videos, texts, graphics, design elements, trademarks, logos and other visual or audiovisual content, is protected by copyright. This content is either the property of Cheggl GmbH or is provided with the express permission of the respective rights holders.
(2) Prohibition of unauthorized use: Without the express prior written consent of Cheggl GmbH or the respective rights holder, it is prohibited:
(1) The language of the contract is German. Translations are for information purposes only and are not legally binding.
(2) If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a regulation that comes closest to the economic purpose of the invalid provision.
(3) Changes and additions to these GTC require the written form. This also applies to the amendment of this written form clause.
(4) Cheggl GmbH reserves the right to change these GTC at any time. Changes will be communicated to the client in text form at least 30 days before they come into effect. If the client does not object to the changes within this period, they are deemed to have been accepted.
(5) The current version of the GTC can be viewed on the website www.cheggl.com.