General terms & conditions
1. Scope
The following General Terms and Conditions (GTCs) apply to all business services provided by Target GmbH. They can be found on the website https://target-group.io.
Target GmbH (hereinafter referred to as “Target”) is active in various business areas. Unless otherwise stipulated, the following general terms and conditions apply equally to orders from all business divisions. In addition to the general terms and conditions (Section 2), the additional terms and conditions described below (Sections 3 & 4) also apply to orders from the Branding, Communications, and Cybersecurity business divisions.
2. General conditions
2.1 Conclusion of contract
Orders placed verbally shall only be effective upon written confirmation. Collateral agreements and amendments must be made in writing to be effective. The exact nature of the service and its scope are defined in separate order agreements, quotations, and order confirmations.
2.2 Services and obligations
Target undertakes to provide the agreed services thoroughly and professionally, to the best of its knowledge and belief. The exact specifications and scope of the services are set out in the individual agreements. In principle, Target is not liable for the success of the commissioned services when used by the ordering party.
The ordering party must inform Target of how the service is to be carried out and provide further information and documents in good time, if required. By placing the order, the ordering party confirms that it has the relevant rights of use and access for the documents and systems provided.
In the event of a culpable breach by the ordering party, Target may terminate the contract for good cause without notice.
2.3 Order processing
Target is entitled to have its services performed by qualified third parties. The ordering party hereby consents to Target doing so. Target shall only be liable for the careful selection of third parties within the scope of the agreed liability rules. Confidentiality is ensured by the conclusion of appropriate written agreements as well as by technical and organizational measures.
Compliance with the agreed delivery date shall be subject to the timely provision of the necessary documents/information by the ordering party. In the event of delays or subsequent changes/additions, the delivery date must be renegotiated.
2.4 Term-related agreements (subscriptions)
When concluding a contract for the use of products and/or services provided and/or rendered by Target over a certain period of time (subscription), the minimum term, notice period, and termination date shall be governed by the respective written agreement.
Early termination is possible in the following cases:
Persistent unavailability: If Target is unable to provide the product or service in the foreseeable future, the ordering party is entitled to terminate the contract, except in cases where the ordering party or force majeure are responsible for the inability to provide the product or service.
In the event of unlawful, inappropriate, or improper use by the customer or its representatives (employees): In this case, Target shall be entitled to terminate the provision of services. The ordering party shall be liable to pay all fees until the next contractually possible termination date. The terms of use of the product or service shall apply.
Default of payment by the ordering party: In this case, Target shall be entitled to terminate the provision of services. The ordering party shall be liable to pay all fees until the next contractually possible termination date.
2.5 General liability
Target is only liable for intent and gross negligence. Liability is limited to damage typical of the contract. Liability for indirect damages or loss of profit is excluded.
The ordering party indemnifies Target against any claims that could be asserted against Target by third parties arising from the service provided.
Any further liability is excluded with the exception of intent and proven gross negligence on the part of Target and its vicarious agents.
2.6 Confidentiality
Target undertakes to treat all information made available within the scope of the cooperation as confidential and to use it only for the agreed purpose as well as to maintain confidentiality regarding all facts that become known in connection with the fulfillment of the contract. This obligation shall continue to apply beyond the end of the cooperation.
There is no liability with regard to the known risks of the electronic transmission of texts and data.
Data protection regulations must be complied with by both parties. Further information can be found in Target’s Privacy Policy, as published on its website. Additional details can be defined in a customized confidentiality agreement.
2.7 Invoicing
Invoices are due 14 days after receipt. Discounts or other price deductions require a prior, written agreement. The ordering party’s general terms and conditions of order are not sufficient to justify a claim.
Unless otherwise agreed with the ordering party, such as in the form of a quotation, the Target price list shall form the basis for calculation. If no fee agreement has been made prior to the execution of the order and the service to be provided is not part of Target’s general price list, the actual time spent shall be invoiced at the currently valid hourly rate.
In the event of an order being canceled, Target shall be entitled to invoice the work incurred up to that point. For term-related products (subscriptions), the agreed notice periods shall apply.
In the event of default of payment by the customer, Target shall be entitled to suspend services and/or deliveries. In such a case, the ordering party’s claim to service delivery by Target shall lapse. Target shall continue to be entitled to the agreed fees, especially for term-related agreements (subscriptions).
3. Branding & Communications business divisions
3.1 Obligations of the ordering party
The ordering party shall provide Target with all data and documents required for the project free of charge. By placing the order, the ordering party confirms that it has the necessary rights to the data.
3.2 Rights of use
Unless otherwise agreed, Target grants the ordering party nonexclusive rights of use to the documents and concepts provided. These rights shall apply for the agreed duration and purpose, and they shall be subject to full payment of the order by the ordering party. Changes and modifications to the services provided as well as a transfer of the rights of use by the ordering party to third parties shall be subject to Target’s consent. Copyrightable content in particular requires Target’s consent before it can be used or forwarded.
These regulations also apply to content and concepts from quotations, presentations, and drafts, regardless of whether an order is placed with Target or not. Even drafts that are not realized are protected, and Target shall retain the rights to these drafts.
Unless otherwise agreed, Target retains an unlimited right of use for its own purposes to all content and concepts created. Target can refer to the existing customer relationship and reference projects in its own communication channels.
3.3 Liability
The ordering party shall bear any risk arising from the processing and use of documents and content by Target, including injury and financial loss. Delivered data must be checked without undue delay by the ordering party for technical integrity and correctness of content (text and images). This especially applies to decision-relevant content such as figures, production-relevant and medical information, as well as business results. The ordering party cannot hold Target responsible for any loss or damage caused by the use of the documents or texts that Target has processed.
In the case of contracts, brand and product names, slogans, logos, and other content that may be worthy of protection, Target’s responsibility is limited to the correct execution of the commissioned services. Further liability, particularly with regard to legal effects and trademark issues, is excluded. It is the responsibility of the ordering party to check the delivered content and documents for possible intellectual property rights or other rights of third parties.
It is the responsibility of the ordering party to check all content, texts, and information provided by Target before publication and use. Target accepts no liability for any consequences arising from the use thereof. This also applies when Target is commissioned and instructed by the ordering party to publish something. Additionally, when providing support for social media channels and creating content for them, Target shall not be liable for any consequences or claims arising from content published on these channels.
Unless otherwise agreed, Target shall be liable without limitation in the event of intent and gross negligence. In the event of a breach of material contractual obligations due to minor negligence, liability shall be limited to foreseeable damage typical of the contract.
3.4 Translations
Unless otherwise agreed, translation fees shall be calculated according to standard lines. The number of lines will be determined by the source language text for the translation. If the volume of the target language text is higher than that of the source language text, the agreed standard of measurement shall be the target language text.
3.5 Complaints
The ordering party must address any change requests or complaints in writing to Target within 10 working days of receipt. After expiry of this period, no further claims may be made. This applies regardless of the nature of the claim or the cause of the action, whether in breach of contract or tort or otherwise, even if Target has been advised of the possible occurrence of such damages. Liability shall not be affected by quotations or additional documentation. Any errors found will be corrected at no additional cost.
4. Cybersecurity business division
4.1 Obligations of Target
Target is responsible for the conscientious and professional implementation of the agreed technical services and the provision of the relevant tools. By confirming the order, Target does not enter into any obligation to deliver results, but merely provides services, tools, and advice.
For maintenance purposes and in the event of unexpected system failures, the availability of services and tools may be restricted for as long as is technically necessary. The supplier may not claim any reduction, reimbursement, or compensation as a result. In the event of unforeseen events or force majeure that make the provision of the agreed service more difficult or impossible, e.g., owing to internet outages, technical failures in services provided by third parties, or official orders, the agreed delivery and service period shall be extended by at least the duration of the event that led to the delay.
4.2 Obligations of the ordering party
The ordering party shall be responsible for their own working environment and infrastructure, including all hardware and software components as well as programs, licensing, and configuration on the ordering party’s end devices. Technical defects on the devices or in the infrastructure of the ordering party and the resulting loss of performance in the services and tools provided by Target do not justify a reduction in the agreed order volume and invoice amount.
The ordering party must make sure that it has a reliable internet connection in order to use Target’s services and tools. Any change in the ordering party’s infrastructure that is essential for the use of Target’s offers must be communicated immediately.
4.3 Liability
The ordering party is obliged to comply with the applicable laws regarding the provision of infrastructure, equipment, and systems required for the execution of the order. Liability for acts of a civil and criminal nature lies with the ordering party, who releases Target from any legal responsibility.
Target accepts no liability for direct or indirect damage, consequential damage, data loss, financial loss, or other direct or indirect losses arising from the use of the services or tools offered. This applies particularly, but not exclusively, to security incidents, data breaches, system failures, and other cybersecurity-related events. Target endeavors to minimize the likelihood of such incidents through the implementation of systems and services as well as through training provided to the ordering party. However, such incidents can never be completely ruled out. Target does not guarantee the absolute security of systems or data. Furthermore, Target does not guarantee that the services and tools provided will be free of errors or interruptions.
Target shall not be liable for damages caused by its own or third-party products or services, including but not limited to software, hardware, or other technologies. Target also assumes no liability for acts, omissions, service interruptions, quality problems, or delays caused by third parties.
The ordering party is personally responsible for backing up its own systems and data. Target accepts no liability for damage caused by inadequate safety precautions or negligence on the part of the ordering party. Target shall also not be liable for damages incurred directly or indirectly by the ordering party as a result of the provision of the agreed services. This includes, but is not limited to, temporary or prolonged interruption or delay of services or network, loss of profits, loss of business data, and unavailability of applications and data. This also applies if the damage is caused by malfunctions of the tools provided by Target, missing or inadequate encryption, or errors in the processing and transmission of electronic messages and data.
4.4 Special conditions for specific services
For certain services from our cybersecurity portfolio, there are additional, more comprehensive provisions. Target shall make these available to the ordering party upon request and upon conclusion of the order. These provisions and any individual agreements with the ordering party shall supplement these general terms and conditions.
5. Final provisions
This contract shall be governed exclusively by German law. For merchants, the exclusive place of jurisdiction for all claims shall be Heidelberg.
Target is entitled to amend and supplement the general terms and conditions at any time. The provisions valid and published at the time the order is placed shall apply. It is the responsibility of the ordering party to obtain information about these provisions.
Should any of the above provisions be or become invalid, it shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic intent and purpose of the invalid provision.