Terms &
Conditions

General Terms and Conditions of Fabio Nobile Design Co. Roberto-Fabio Nobile , Schaezlerstraße 38 86152 Augsburg (hereinafter "Fabio Nobile Design Co.")

1. - General provisions

1. General information

   1. Fabio Nobile Design Co. offers the client various agency services. The specific scope of services is the subject of individual agreements between Fabio Nobile Design Co. and the customer. 

   2. Fabio Nobile Design Co. does not conclude contracts with consumers or private individuals. 

   3. Fabio Nobile Design Co. is authorised to subcontract the necessary services in its own name and for its own account to subcontractors, who in turn may also use subcontractors. Fabio Nobile Design Co. remains the sole contractual partner of the client. Subcontractors will not be used if it is apparent to Fabio Nobile Design Co. that their use is contrary to the legitimate interests of the client.

   4. Insofar as other contractual documents in text or written form have become part of the contract in addition to these GTC, the provisions of these other contractual documents shall take precedence over these GTC in the event of a contradiction. 

   5. Fabio Nobile Design Co. does not recognise any general terms and conditions that deviate from these terms and conditions and that are used by the customer - subject to express consent.

1. Obligations of the customer to co-operate

   1. The customer is obliged to provide the information, data, works (e.g. the data for the imprint, graphics etc.) and accesses to be provided by him for the purpose of order fulfilment completely and correctly. He must also ensure that the instructions given by him comply with the applicable law.  

   2. Unless otherwise agreed individually, the customer is responsible for the procurement of all data or other content (e.g. texts, videos, audio, templates, graphics, fonts) and/or system environments (e.g. colour definitions, technical specifications) (hereinafter referred to as "content") required for the implementation of the project and shall provide this to Fabio Nobile Design Co. in good time and in a suitable form. This is a prerequisite for the work of Fabio Nobile Design Co. If the client does not provide these and does not make any further specifications, Fabio Nobile Design Co. may, at its own discretion and in compliance with the copyright labelling requirements, use image material from common providers (e.g. stock photo service providers) or provide  the relevant parts of the website or the work results with a placeholder.  

   3. If the customer provides Fabio Nobile Design Co. Design Co., the customer must ensure that the content does not violate the rights of third parties (e.g. copyrights) or other legal norms. The customer warrants that it is authorised to transfer the agreed rights of use because it has either created the content itself or has effectively acquired the rights required for the transfer itself. For the duration of the contractual relationship, the customer grants Fabio Nobile Design Co. the non-exclusive, non-transferable right to use the content provided by the customer for the fulfilment of the agreed service. This includes the editing, modification and publication of the content as part of the agreed service. These rights serve the sole purpose of the fulfilment of the contract by Fabio Nobile Design Co. 

   4. The customer undertakes to indemnify Fabio Nobile Design Co. against all third-party claims that may arise from the use of the content provided, including the reasonable costs of legal defence. This indemnification obligation includes in particular claims based on an infringement of copyrights, trademark rights, patents, registered designs or other intellectual property rights. The customer shall support Fabio Nobile Design Co. in the defence against the aforementioned claims asserted by third parties against the contractor due to infringements of intellectual property rights (copyrights, trademark rights, rights to one's own image, design patents, etc.) to the content, in particular by providing the information required for the defence. The customer is obliged to reimburse Fabio Nobile Design Co. Fabio Nobile Design Co. for all expenses required for legal action - in particular the necessary legal fees and court costs - incurred by as a result of claims asserted by third parties. 

   5. Fabio Nobile Design Co. is not authorised by law to provide legal advice to the customer. In particular, Fabio Nobile Design Co. is not obliged and legally unable to check the customer's business model and/or the content provided by the customer for compatibility with applicable law. In particular, Fabio Nobile Design Co. will not carry out any trade mark searches or other collision checks with regard to the works provided by the customer. Insofar as the customer issues specific instructions regarding the work to be produced, the customer shall be liable for this.  

   6. If the conclusion of an order processing contract pursuant to Art. 28 GDPR is required for individual components of the order, both contracting parties undertake to conclude such a contract - to be provided by Fabio Nobile Design Co. 

   7. Fabio Nobile Design Co. is in no way responsible to the customer  for delays and delays in the realisation of projects caused by late (necessary) cooperation or input from the customer; the provisions under the heading "Liability/exemption" remain unaffected by this.  

   8. If the customer fails to fulfil its obligations to cooperate under this section, Fabio Nobile Design Co. may charge the customer for the additional expenses incurred as a result (e.g. costs for stock photos and time spent searching for them).

1. Use of artificial intelligence (AI) 

   1. Fabio Nobile Design Co. is authorised to use artificial intelligence technologies (AI tools) to create content (e.g. text, images, sound or video) as part of the provision of services. Unless otherwise agreed, all content generated by an AI shall be checked by a natural person after it has been created and adapted if necessary. AI tools will not be used if it is evident to Fabio Nobile Design Co. that their use is contrary to the legitimate interests of the customer. In particular, Fabio Nobile Design Co. will not enter any sensitive or confidential information provided by the client into AI tools without the client's consent. If the client does not wish AI technologies to be used for certain projects or parts thereof, it must inform Fabio Nobile Design Co. of this independently in text form. 

   2. Fabio Nobile Design Co. warrants that content created in whole or in part using AI does not infringe the rights of third parties. If exclusive rights of use are to be transferred to content that has been created in whole or in part with the help of AI, Fabio Nobile Design Co. will ensure that such a transfer of rights of use is possible (e.g. by modifying the AI-generated works in such a way that the level of creation and thus copyright protection is achieved).  

   3. A separate labelling of AI-generated content is only owed if and insofar as the labelling of the content is required by law or if it is already foreseeable at the time of service provision that a labelling obligation will be required by law in the foreseeable future (e.g. due to regulations in the AI Regulation). The same applies to notifications that certain work results have been created with the aid of artificial intelligence.  

2. - Online presence and technology

1. Website development (agile)

   1. Unless otherwise agreed individually, the creation of new or the expansion of existing websites or web components (hereinafter "website creation") shall be based on agile methods. The remaining provisions of these GTC remain unaffected. 

   2. The subject matter of website creation contracts between Fabio Nobile Design Co. and the customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE). 

   3. The services agreed in detail result from the individual contract concluded between Fabio Nobile Design Co. and the customer. To this end, the customer first submits an enquiry to Fabio Nobile Design Co. with as precise a description as possible of the website content they require (creative content such as images, layouts, logos, fonts and the like must be specified and provided by the customer, unless otherwise agreed). This enquiry constitutes an invitation to Fabio Nobile Design Co. to submit an offer. Fabio Nobile Design Co. will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between Fabio Nobile Design Co. and the customer is only concluded when the customer accepts the offer. 

   4. The customer can introduce customer requests at any time, insofar as these are covered by the originally agreed scope of services. Such adjustments become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, Fabio Nobile Design Co. is only obliged to produce the functions/items listed in the contract or to provide the agreed service. Any additional services must be agreed and paid for separately.

   5. Once the website has been finalised, Fabio Nobile Design Co. will ask the client to approve the website. 

   6. The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL / TLS) are only owed by Fabio Nobile Design Co. if this has been expressly agreed in an individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements. 

   7. Unless otherwise agreed, the websites created are optimised for the Chrome, Safari, Firefox and Edge browsers in their current version (in each case the last two versions of the browser). Search engine optimisation (SEO) is only owed if it has been expressly agreed. Optimisation for mobile devices is also only owed if this has been expressly agreed .

   8. After completion of the websites and/or individual parts thereof, Fabio Nobile Design Co. may offer the customer maintenance and care services in relation to the websites. However, Fabio Nobile Design Co. is not obliged to make such an offer, nor does the customer have to make use of the more extensive services offered by Fabio Nobile Design Co. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the client alone is responsible for the technical maintenance and up-to-dateness of the websites after acceptance. Fabio Nobile Design Co. is not liable to the customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

1. Website creation (requirements and functional specifications )

   1. If the creation of new or the extension of existing websites or web components (hereinafter referred to as "website creation") has been agreed between the contracting parties on the basis of a specification sheet, the order shall be processed in accordance with this clause.

   2. The subject matter of website creation contracts between Fabio Nobile Design Co. and the customer is generally the development of new websites or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's technical and/or design specifications. Website creation contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE). 

   3. The scope of the services to be provided by Fabio Nobile Design Co. is determined on the one hand by individual contractual agreements between the parties and on the other hand by a detailed specification sheet drawn up by the client, as well as the functional specification sheet based on this. Fabio Nobile Design Co. will check the client's ideas described in the specifications to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency. If Fabio Co. Nobile Design Fabio Nobile Design Co. recognises that the specifications contained in the requirements specification are not suitable for the creation of a website, will inform the client immediately and submit a corresponding proposal for an amendment and/or adaptation of the requirements specification. The client must comment in writing or in text form on any proposals made by Fabio Design Co. Nobile Fabio Nobile Design Co. with regard to the specifications within a reasonable period of time and finally confirm the contents of the specifications to in writing or in text form. If there is agreement between the parties regarding the specifications, the contents of the specifications become part of the contract.

   4. On the basis of the specifications, Fabio Nobile Design Co. prepares a functional specification that describes in particular the technical and/or design realisation of the requirements contained in the specifications. After completion, Fabio Nobile Design Co. submits the specifications to the client for acceptance. The client is entitled to reject the specifications drawn up by Fabio Nobile Design Co. and to notify Fabio Nobile Design Co. of any changes or customisation requests. In this respect, Fabio Nobile Design Co. undertakes to submit a maximum of two alternative proposals, taking into account the customer's wishes. If the client ultimately does not agree with Fabio Nobile Design Co.'s final proposal, the client or Fabio Nobile Design Co. may - where legally possible - terminate the contract for cause or withdraw from the contract. In this case, the fees and/or expenses incurred by Fabio Nobile Design Co. in connection with the specifications and/or requirements specification must be appropriately remunerated or reimbursed by the client. 

   5. If the specifications are accepted by the customer, the services described therein shall be deemed to have been finally agreed between the parties. Any deviations from the contents of the specifications accepted by the client require an express individual agreement between the parties. Fabio Nobile Design Co. does not provide any services over and above those described in the specifications accepted by the client. Similarly, Fabio Nobile Design Co. does not provide any services that are less than those described in the specifications accepted by the client. After acceptance of the specifications by the client, Fabio Nobile Design Co. develops and programmes the websites in accordance with the agreed specifications. 

   6. As soon as the website has been completed, Fabio Nobile Design Co. will ask the customer to accept the website. If necessary, a test phase can be agreed before acceptance. If the client discovers errors before acceptance or in the course of an agreed test phase, the client will report these to Fabio Nobile Design Co. in writing or in text form. Fabio Nobile Design Co. will endeavour to correct the errors professionally. To this end, Fabio Nobile Design Co. may provide temporary workarounds. 

   7. The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL / TLS) are only owed by Fabio Nobile Design Co. if this has been expressly agreed in an individual contract. There is no entitlement to the publication of graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements.

   8. Unless otherwise agreed, the websites created are optimised for the Chrome, Safari, Firefox and Edge browsers in their current version (in each case the last two versions of the browser). Search engine optimisation (SEO) is only owed if it has been expressly agreed. Optimisation for mobile devices is also only owed if this has been expressly agreed .

   9. After completion of the websites and/or individual parts thereof, Fabio Nobile Design Co. may offer the customer maintenance and care services in relation to the websites. However, Fabio Nobile Design Co. is not obliged to make such an offer, nor does the customer have to make use of the more extensive services offered by Fabio Nobile Design Co. Corresponding agreements are exclusively the subject of individual agreements. If no additional maintenance and care services are agreed between the parties, the client alone is responsible for the technical maintenance and up-to-dateness of the websites after acceptance. Fabio Nobile Design Co. is not liable to the customer for any security gaps that are exploited by third parties for illegal purposes through the use of outdated software (hacking).

1. Maintenance and support of websites / shops

   1. After completion of the websites and/or individual parts thereof, Fabio Nobile Design Co. may offer the customer maintenance and support services in relation to the websites (hereinafter "maintenance contracts"). Fabio Nobile Design Co. may also offer the maintenance of third-party websites. However, Fabio Nobile Design Co. is not obliged to make such an offer, nor does the customer have to make use of the more extensive services offered by Fabio Nobile Design Co. Corresponding agreements are exclusively the subject of individual agreements. 

   2. The content of the maintenance contracts is the elimination of malfunctions and the updating of the website for common web browsers in their current version as required. Further services, such as regular maintenance, can be agreed in individual contracts if necessary. 

   3. The prerequisite for maintenance is that the content to be maintained is compatible with the systems of Fabio Nobile Design Co. Compatibility may be impaired in particular by outdated components of the content to be maintained or by unauthorised changes on the part of the customer. If compatibility is not guaranteed, the customer must establish this independently (e.g. by means of appropriate updates) or commission Fabio Nobile Design Co. to establish compatibility separately. 

   4. Fabio Design Co. Nobile Fabio Nobile Design Co. shall not be liable for malfunctions and incompatibilities caused by unauthorised changes made by the customer or due to other errors for which is not responsible; the provisions under "Liability/exemption" shall remain unaffected by this.

   5. Unless otherwise agreed, maintenance only includes the technical updating of the website, but not the updating of its content. In particular, Fabio Nobile Design Co. is not responsible for updating the legal notice or the privacy policy. 

1. Procurement of hosting services

   1. Fabio Nobile Design Co. arranges hosting services from third-party providers for the customer. Unless otherwise agreed, Fabio Nobile Design Co. acts solely as an intermediary and does not itself become a party to the hosting contract. The customer's contractual partner is the hoster.

   2. Fabio Nobile Design Co. is only responsible for forwarding the required data to the hoster. However, the responsibility for the technical functionality of the hosting systems lies solely with the hoster; the provisions under "Liability/exemption" remain unaffected. 

   3. It is the customer's responsibility to make regular back-up copies of his hosted data. If the customer is not in a position to do so, he must commission Fabio Nobile Design Co. or another professionally qualified third party to back up the data. The customer is liable for any loss of data resulting from a lack of data backup.

1. - Content creation and design 

1. Creation of legal notice and privacy policy

   1. If agreed, Fabio Nobile Design Co. will create the privacy policy and the legal notice for the customer's website. Generators are generally used for this purpose. Fabio Nobile Design Co. is only responsible for creating the texts with the generators; the customer is responsible for the legal and content-related review - if necessary with the help of legal advice; the provisions under the heading "Liability/exemption" remain unaffected by this. 

   2. The client is obliged to provide Fabio Nobile Design Co. with all necessary information for the creation of the legal texts in a timely, correct and complete manner. The client must independently inform himself and Fabio Nobile Design Co. of any special information obligations in the context of the legal notice (e.g. professional liability insurance, professions requiring authorisation, etc.) and the data protection declaration. In this context, it is pointed out once again that Fabio Nobile Design Co. is not authorised by law to provide legal advice to the client.

   3. The customer must inform Fabio Nobile Design Co. immediately and independently of any changes affecting the information in the legal notice or the data protection declaration.

   4. Unless otherwise agreed in an individual contract, the customer must separately commission Fabio Nobile Design Co. to update the imprint or the data protection declaration after completion and acceptance of the website.

1. Cookie Consent Tool

   1. Fabio Nobile Design Co. does not create and/or programme any consent systems ("consent tools") required for the use of cookies or marketing and tracking tools. Fabio Nobile Design Co. can advise the customer on the selection of a suitable consent tool on request, but assumes no liability for their legal and technical correctness and functionality. 

   2. However, Fabio Nobile Design Co. only advises the customer on the technical suitability of the cookie consent tool for the customer's website, but not on its graphic and content design. If the customer wishes to use a cookie consent tool, Fabio Nobile Design Co. is only responsible for the technical integration of the cookie consent tool; the customer is responsible for the legal and content-related review of the cookie consent tool . Unless otherwise agreed, the customer is the sole contractual partner of the respective consent tool provider. The provisions under "Liability/exemption" remain unaffected.

1. Design of print products

   1. The subject of design contracts in the print sector between Fabio Nobile Design Co. and the customer is generally the development of print products according to the customer's design specifications (e.g. design of banners, posters, signs, flyers, roll-ups, vehicle or shop window stickers, textiles or logo designs, etc.). Design contracts concluded between the parties are contracts for work within the meaning of §§ 631 ff. BGB. A deviating scope of services can be agreed between the parties in individual contracts. 

   2. The services agreed in detail result from the individual contract concluded between Fabio Nobile Design Co. and the customer. To this end, the client first submits an enquiry to Fabio Nobile Design Co. with as precise a description as possible of the design services it requires. This enquiry constitutes an invitation to Fabio Nobile Design Co. to submit an offer. Fabio Nobile Design Co. will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between Fabio Nobile Design Co. and the customer is only concluded when the customer accepts the offer.

   3. Once the contract has been concluded, the customer's requirements are discussed in a further briefing if necessary and the specifications are concretised. At this point, customer requests can be introduced, provided they are covered by the originally agreed scope of services. If necessary, there is the option of a rebriefing before the service is produced. Adjustments become part of the original contract if both contracting parties agree in text form (e.g. by e-mail). Otherwise, Fabio Nobile Design Co. is only obliged to produce the items listed in the contract. Any additional services must be agreed and paid for separately.

   4. As soon as the agreed object of performance has been completed, Fabio Nobile Design Co. will request the customer to accept the work. 

   5. Unless otherwise agreed, the customer is entitled to two correction loops . Complaints regarding the artistic design are generally excluded after the agreed correction loops have been carried out. If the customer wishes to make further changes, he shall bear the additional costs.

   6. The remuneration is the subject of an individual contractual agreement between the parties. In all other respects, the statutory provisions shall apply. 

   7. Unless otherwise contractually agreed and not otherwise to be expected from the purpose of the contract, Fabio Nobile Design Co. only owes the delivery of a print file (e.g. PDF, JPG or PNG) in addition to the contractually agreed service items when creating print products. The customer is not entitled to receive an editable file (e.g. open files from graphics programmes).

1. Creation of texts / copywriting

   1. Fabio Nobile Design Co. creates texts for the client (e.g. press releases, articles for websites, advertising copy, etc.). The content of these texts is defined in individual contracts. 

   2. As soon as the agreed texts have been finalised, Fabio Nobile Design Co. will send them to the customer for approval and acceptance. Unless otherwise agreed, the client is entitled to two correction loops at . Complaints regarding the stylistic design or the integration of new information into the text are generally excluded after the second revision loop. If the customer wishes to make further changes, he must bear the additional costs.

   3. If Fabio Nobile Design Co. has been commissioned with the publication, the texts will only be published after approval by the customer, unless otherwise agreed; approval also constitutes acceptance of the texts. In the case of press releases, a distribution date on which they are to be sent to the media will also be set once approval has been given. If the customer is to publish or publicise the texts himself, he must approve the texts in advance. If the customer publishes the texts prior to acceptance, publication shall be deemed acceptance.

   4. Fabio Nobile Design Co. shall only be liable for defects discovered after approval/acceptance in accordance with the provisions under the heading "Liability/exemption". 

1. Design and conception of graphics and logos (designs)

   1. Fabio Nobile Design Co. undertakes the conception and design of graphics and/or logos (hereinafter referred to as "designs") by agreement with the customer. 

   2. For this purpose, the customer first submits an enquiry to Fabio Nobile Design Co. with as precise a description as possible of the designs they require. This enquiry constitutes an invitation to Fabio Nobile Design Co. to submit an offer. Fabio Nobile Design Co. will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between Fabio Nobile Design Co. and the customer is only concluded when the customer accepts the offer.

   3. Unless otherwise agreed, the customer has the right to two correction loops regarding the individual designs  . Once these correction loops have been carried out, requests for adjustments and complaints (in particular with regard to the artistic design) will no longer be considered. If the customer wishes to make further changes after the agreed correction loops have been carried out, Fabio Nobile Design Co. can create these for the customer for an additional fee to be agreed. 

   4. As soon as the agreed design has been finalised, Fabio Nobile Design Co. will ask the customer to accept the work. The designs will be sent to the customer in a standard file format. 

   5. Fabio Nobile Design Co. expressly does not check the final designs for legal admissibility (in particular trademark and/or competition law) or for infringement of other labelling and/or property rights (e.g. trademarks, registered designs, patents, etc.) or for the registrability of the designs, e.g. in official registers. 

   6. Fabio Nobile Design Co. grants the customer the rights of use to the designs required for the respective purpose. Unless otherwise agreed, an exclusive right of use, unlimited in terms of time, place and content, is granted for the creation of logos; however, individual graphic elements of the logos may be used for the creation of other works as long as there is no risk of confusion with the logo created. Subject to deviating individual agreements, a simple right of use is granted for all other designs. Any transfer of the rights of use by the customer to third parties requires an individual contractual agreement with Fabio Nobile Design Co. The designs presented within the correction loop may not be used, reproduced or passed on to third parties by the client, either in the original or modified form, without the express consent of Fabio Nobile Design Co. 

   7. The rights of use shall not be transferred to the customer until the remuneration has been paid in full. 

1. Corporate identity - conception/development

   1. By agreement with the client, Fabio Nobile Design Co. takes on the conception/development of the corporate identity (e.g. new development or revision of corporate concepts in the areas of external appearance, brands, corporate culture, corporate behaviour, corporate communication, etc.). To this end, the client first submits an enquiry to Fabio Nobile Design Co. with as precise a description as possible of the corporate image they wish to achieve. This enquiry constitutes an invitation to Fabio Nobile Design Co. to submit an offer. Fabio Nobile Design Co. will check the customer's ideas described in the enquiry to the best of its knowledge and belief for completeness, suitability (with the exception of legal suitability, in particular with regard to the rights of third parties), clarity, feasibility and consistency and will prepare an offer on the basis of the wishes arising from the customer's enquiry. A contract between Fabio Nobile Design Co. and the customer is only concluded when the customer accepts the offer.

   2. Once the contract has been concluded, the customer's requirements are discussed in a further briefing if necessary and the specifications are concretised. At this point, customer requests can be introduced, provided they are covered by the originally agreed scope of services. If necessary, there is the option of a rebriefing before the service is produced. Adjustments become part of the original contract if both contracting parties agree in text form. Otherwise, Fabio Nobile Design Co. is only obliged to produce the items listed in the contract. Any additional services must be agreed and remunerated separately.

   3. Unless otherwise agreed, the customer is entitled to two correction loops . Complaints regarding the artistic design are generally excluded after the agreed correction loops have been carried out. If the customer wishes to make further changes, he shall bear the additional costs.

   4. As soon as the agreed object of performance has been completed, Fabio Nobile Design Co. will request the customer to accept the work.

   5. The remuneration is the subject of an individual contractual agreement between the parties. In all other respects, the statutory provisions shall apply.

   6. Subject to deviating regulations, an exclusive right of use is granted for the creation of the corporate design, unlimited in terms of time, place and content; however, individual graphic elements of the corporate design may be used for the creation of other works as long as there is no risk of confusion with the created corporate design. 

   7. A transfer of the rights of use to third parties requires an individual contractual agreement.

   8. The rights of use shall not be transferred to the customer until the remuneration has been paid in full.

1. - Recruiting services

1. Recruiting websites

   1. Fabio Nobile Design Co. creates new or expands existing websites, web components or individual landing pages for the customer that are intended to maximise the success of recruiting applicants (hereinafter: "recruiting websites"). The subject matter of the contract is the creation and transfer of rights of use to the website or web component created. Unless otherwise agreed, Fabio Nobile Design Co. transfers a simple, temporally and spatially unlimited right to use the created website / landing page / web component after full payment. The transfer of the website can be limited in time by individual agreement; in this case, the transfer of a simple, spatially and geographically unlimited right of use takes place for the period individually agreed between the contracting parties.  The services agreed in detail result from the individual contract concluded between the parties or from the offers of Fabio Nobile Design Co. In principle, Fabio Nobile Design Co. creates the recruiting websites on the basis of agile methods.

   2. The object of the creation of the recruiting websites is generally the development of new recruiting websites or landing pages or the expansion of existing websites (e.g. integration of new interfaces or programming of new online applications) in compliance with the customer's design specifications. Contracts concluded between the parties for the creation of websites are contracts for work within the meaning of §§ 631 ff. BGB (GERMAN CIVIL CODE). Fabio Nobile Design Co. does not owe the success of a certain number or particular type or nature or quality of applications. 

   3. Unless otherwise agreed, the recruiting websites are published in the name of the customer (in particular by naming them in the imprint and similar). The customer alone is the service provider and responsible party in terms of data protection. Fabio Nobile Design Co. merely acts as the customer's processor.

   4. As soon as the recruitment websites have been finalised, Fabio Nobile Design Co. will ask the client to approve them. 

   5. The examination or procurement of rights, the procurement and/or integration of plugins and/or tools (e.g. statistics) or certificates (e.g. SSL / TLS) are only owed by Fabio Nobile Design Co. if this has been expressly agreed in an individual contract. 

   6. There is no entitlement to the publication of the recruiting websites and/or graphics, source codes, (development) documentation, manuals and other additional documentation - subject to deviating express individual agreements. 

   7. Unless otherwise agreed, the recruiting websites created are optimised for the Chrome, Safari, Firefox and Edge browsers in their respective current versions (in each case the last two versions of the browser). Search engine optimisation (SEO) is only owed if it has been expressly agreed.

1. Creation of recruiting texts 

   1. Fabio Nobile Design Co. creates texts for the client on request (e.g. job adverts, texts for recruitment websites, social media posts, texts for communication in the context of employee recruitment, etc.). The content of these texts is defined in individual contracts. 

   2. As soon as the agreed texts have been finalised, Fabio Nobile Design Co. will send them to the customer for approval and acceptance. Unless otherwise agreed, the client has the right to two correction loops. Complaints regarding the stylistic design or the integration of new information into the text are generally excluded after the second revision loop. If the customer wishes to make further changes, he must bear the additional costs.

   3. If Fabio Nobile Design Co. has been commissioned with the publication, the texts will only be published after approval by the customer, unless otherwise agreed; approval also constitutes acceptance of the texts. 

   4. Fabio Nobile Design Co. shall only be liable for defects discovered after approval/acceptance in accordance with the provisions under the heading "Liability/exemption". 

1. Web hosting for recruiting websites 

   1. Fabio Nobile Design Co. also offers the customer hosting services for the duration of the contract period for the recruiting websites. Fabio Nobile Design Co. will use the servers of third-party companies to fulfil its services. Fabio Nobile Design Co. will inform the customer about the servers and third-party companies used before concluding the contract. The specific scope of services (domain management, storage space, e-mail hosting, certificates, etc.) is the subject of individual agreements between the parties.

   2. Unless otherwise agreed, Fabio Nobile Design Co. is responsible for the administration and management of the data if web hosting is commissioned. The customer does not receive access to the administration backend of the hosting system.

   3. The availability of the servers used by Fabio Nobile Design Co. for hosting purposes is at least 99% on an annual average. This does not include times when the servers are unavailable due to events beyond the control of Fabio Design Co. Nobile Fabio Nobile Design Co. (force majeure, acts of third parties, technical problems beyond the control of etc.).

   4. Unless otherwise agreed, the customer is not entitled to the allocation of a fixed IP address for his Internet presence. We reserve the right to make technical or legal changes at any time.

   5. The customer is obliged to keep his passwords and other access data - insofar as Fabio Nobile Design Co. has made them available to him - secret and not to pass them on to third parties. The customer is responsible for any misuse by third parties, unless Fabio Nobile Design Co. is responsible for this.

   6. It is the customer's responsibility to make regular back-up copies of his hosted data. If the customer is not in a position to do so, he must commission Fabio Nobile Design Co. or another professionally qualified third party to back up the data. The customer is liable for any loss of data resulting from a lack of data backup.

   7. 3.7.No content may be stored on the storage space provided that is offensive, extremist, glorifies or trivialises violence, incites hatred, is right-wing extremist, discriminatory, anti-constitutional, harmful to minors or pornographic, violates the rights of third parties (e.g. trademark and copyright law) or other applicable law or morality (in particular criminal law and the law on administrative offences) or contains malicious code or malware. If Fabio Nobile Design Co. becomes aware that unauthorised content within the meaning of this paragraph could be stored on the storage space provided as part of the hosting, it will proceed as follows:

1. Fabio Nobile Design Co. will immediately carry out a cursory examination of the content in question. If the cursory examination reveals that unauthorised content cannot be ruled out, Fabio Nobile Design Co. may, at its own discretion, temporarily block the content or take other measures appropriate to the risk situation, up to and including deleting the content. Fabio Nobile Design Co. will ask the customer to make a statement and grant it a reasonable period of time to do so.

2. As soon as Fabio Nobile Design Co. Fabio Nobile Design Co. has received the customer's statement or if the customer has not submitted a statement within the period allowed, will make a final decision on how to deal with the content in question. In particular, the following measures may be considered: warning; indefinite blocking or permanent deletion of the content; temporary blocking of the customer (alternatively, partial blocking may also take place); ordinary or extraordinary termination of the contract; criminal complaint or complaint to the public order office (if a criminal offence is involved that may pose a risk to the life, limb or safety of a person, Fabio Nobile Design Co. is legally obliged to report this). Fabio Nobile Design Co. will only take the respective measure after a thorough and objective assessment, taking into account in particular the severity of the offence, the number of total offences, potential effects on the services provided by Fabio Nobile Design Co., its customers and other third parties, the overall behaviour (e.g. ability to understand the offence), the fault (intent, negligence), the motives for the offence (if recognisable) and the customer's statement (if any).

3. Fabio Nobile Design Co. will inform the customer about the evaluation, its result and the measures decided upon, provided there are no legal reasons to the contrary.

4. Fabio Nobile Design Co. will not proactively check the stored content and - unless otherwise stated - will not carry out any automated checks of the stored content. However, it will take action as soon as it recognises such content itself or is informed of such content by third parties. If the customer becomes aware of such content, he can of course contact Fabio Nobile Design Co. at any time using the contact details in the legal notice.

1. Applicant management

   1. Fabio Nobile Design Co. informs the client about new incoming applicants using channels set up for this purpose and agreed with the client (e.g. by e-mail). 

   2. Subject to individual agreements to the contrary, Fabio Nobile Design Co. . does not check incoming applications for accuracy, seriousness, value or suitability

   3. Unless otherwise agreed individually, Fabio Nobile Design Co. does not communicate with applicants.    

   4. If Fabio Nobile Design Co. provides the client with access to web-based software for the management of job applicants, this access is limited to the duration of the contract. The software may only be used within the scope of the application process(es) covered by the contract. Fabio Nobile Design Co. may use the software and servers of third parties to fulfil this service.  

   5. The specific scope of services of the SaaS solution is the subject of individual agreements or is based on the service description in the offer or on the website of the provider of the third-party software between the parties.

   6. Fabio Nobile Design Co. grants the customer the non-exclusive and non-transferable right to use the software as intended within the scope of the SaaS services for the duration of the contract. The customer may only process the software insofar as this is covered by the intended use of the software according to the current service description. Duplication of the software is only permitted insofar as this is covered by the intended use of the software in accordance with the current service description. Necessary duplication includes loading the software into the working memory on the customer's server/computer, but not even temporary installation or storage of the software on data carriers (such as hard drives or similar) of the hardware used by the customer.

   7. The customer is not authorised to transfer the software or the storage space provided to a third party for use, in part or in full, for a fee or free of charge. The customer is expressly prohibited from subletting the software.

1. Data erasure during operation and after contract termination

   1. Fabio Nobile Design Co. and the client are aware that certain deletion periods must be observed as part of the application processes for data protection reasons. It is the responsibility of the client - as the responsible body within the meaning of the GDPR - to determine the deletion cycle and to carry out the deletion. The customer can instruct Fabio Nobile Design Co. to carry out the deletion. Fabio Nobile Design Co. will not proactively delete the personal data of applicants (integrity and confidentiality of the data). 

   2. Upon termination of the contractual relationship, Fabio Nobile Design Co. will irrevocably delete the applicant data after 4 weeks, unless otherwise stipulated by contract or law. The customer is responsible for transferring, deleting or backing up all data required by him and stored on the storage space / system allocated to him in good time. The customer is not entitled to receive the software suitable for use of the data.

1. - Counselling / further training

1. General consulting services 

Fabio Nobile Design Co. offers the client general consultancy services in various areas. In the context of the provision of services, Fabio Nobile Design Co. is only obliged to provide advice to the best of its knowledge and belief and - where relevant - on the basis of the current state of knowledge. The consulting services are a service within the meaning of §§ 611 ff. BGB (GERMAN CIVIL CODE). A specific result is only owed if it has been expressly guaranteed. Consultancy based on or taking into account specific standards (e.g. DIN standards or professional regulations) is also only owed if this has been expressly agreed. 

1. - Other provisions

1. Prices and remuneration

The remuneration for the services of Fabio Nobile Design Co. is the subject of an individual contractual agreement between the parties and is generally based on the offer. 

1. Acceptance

If a work performance has been agreed, Fabio Design Co. Nobile Fabio Nobile Design Co. can demand that the acceptance takes place in writing; written acceptance is only owed if requests the customer to do so. The acceptance provisions of the German Civil Code remain otherwise unaffected. The acceptance period within the meaning of Section 640 (2) sentence 1 BGB is set at 2 weeks from notification of completion of the work, unless a different acceptance period is required in individual cases due to special circumstances, in which case Fabio Nobile Design Co. will inform the client of this separately. If the customer does not respond within this period or does not refuse acceptance due to a defect, the work is deemed to have been accepted. 

1. Cancellation of work contracts

   1. If the customer cancels a contract for work and services, the contractor is entitled to demand the agreed remuneration; however, he must allow credit for the expenses he saves as a result of the cancellation of the contract or acquires or maliciously fails to acquire through other use of his labour. 

   2. It is assumed that Fabio Nobile Design Co. is entitled to 10% of the agreed remuneration for the part of the work not yet performed. 

   3. The parties reserve the right to prove that the share to which Fabio Nobile Design Co. is entitled in accordance with Section 648 BGB is lower or higher than the stated lump sum. 

   4. Both parties reserve the right to assert claims arising from breaches of duty. 

   5. Otherwise, § 648 BGB remains unchanged. 

   6. This clause does not contain an independent legal basis for the cancellation of contracts for work and services. 

1. Warranty for defects

An insignificant defect does not justify any claims for defects. Fabio Nobile Design Co. shall be entitled to choose the type of subsequent fulfilment. The limitation period for defects and other claims is one (1) year; this shortening of the limitation period does not apply to claims resulting from intent, gross negligence or injury to life, limb or health by Fabio Nobile Design Co. The limitation period shall not recommence if subsequent fulfilment takes place within the scope of liability for defects. Otherwise, the statutory warranty for defects remains unaffected.

1. Contract term for continuing obligations

Subject to deviating provisions in and outside of these GTC, continuing obligations have a minimum term of 12 months. The cancellation period is 3 months. If the contract is not cancelled in due time at the end of the term, it is automatically extended by a further 12 months. The right to extraordinary cancellation without notice for good cause remains unaffected. 

1. Granting of rights, self-promotion and right of mention

   1. Subject to other provisions in these terms and conditions, Fabio Nobile Design Co. grants the customer - after full payment of the order - a simple, non-transferable right of use to the commissioned work results. Further rights can be agreed in individual contracts.

   2. Unless otherwise agreed, the client expressly authorises Fabio Nobile Design Co. to present the project to the public in an appropriate manner for the purpose of self-promotion (references/portfolio). In particular, Fabio Nobile Design Co. is authorised to advertise the business relationship with the client and to refer to itself as the author on all advertising material produced and in all advertising measures, without the client being entitled to any remuneration for this. 

   3. Furthermore, Fabio Design Co. Nobile Fabio Nobile Design Co. is entitled to place its own name, with a link, in an appropriate manner in the footer and in the imprint of the website(s) created by without the customer being entitled to any remuneration for this.

   4. Unless otherwise agreed in an individual contract, Fabio Nobile Design Co. may demand that a suitable copyright notice be placed in an appropriate position on works created by it.

1. Confidentiality

   1. Fabio Nobile Design Co. shall treat as strictly confidential all business transactions of which it becomes aware, in particular, but not exclusively, print documents, layouts, storyboards, figures, drawings, tapes, images, videos, DVDs, CD-ROMs, memory cards, passwords, interactive products and other such documents containing films and/or radio plays and/or other copyrighted materials belonging to the client or its affiliated companies. Fabio Nobile Design Co. undertakes to impose this confidentiality obligation on all employees and/or third parties (e.g. suppliers, graphic designers, programmers, film producers, sound studios, etc.) who have access to the aforementioned business transactions. The confidentiality obligation shall apply indefinitely beyond the term of this contract.

1. Liability/exemption

   1. Fabio Nobile Design Co. is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated in this respect, or on the basis of mandatory liability, such as under the Product Liability Act. If Fabio Nobile Design Co. negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding sentence. Material contractual obligations are obligations which the contract imposes on Fabio Nobile Design Co. in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely. Any further liability on the part of Fabio Nobile Design Co. is excluded. The above liability provisions also apply with regard to the liability of Fabio Nobile Design Co. for its vicarious agents and legal representatives. 

   2. The customer shall indemnify Fabio Nobile Design Co. against any third-party claims asserted against Fabio Nobile Design Co. due to violations of these GTC or applicable law by the customer.

1. Final provisions

   1. The contracts concluded between Fabio Nobile Design Co. and the customer are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

   2. If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the registered office of Fabio Nobile Design Co. shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected by this.

   3. Fabio Nobile Design Co. is authorised to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change, their consent to the change shall be deemed to have been given. If he objects, the changes will not come into force; in this case, Fabio Nobile Design Co. is entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended amendment to these GTC will indicate the deadline and the consequences of an objection or failure to object.

Status: May 2025