As of: March 2024
These General Terms and Conditions (hereinafter "GTC") apply to all contracts, services, and offers of CubeBIM Visualization Studio (Owner: Owais Tasabihji), Breitscheidstraße 27, 16321 Bernau bei Berlin (hereinafter "Contractor"), provided in the fields of BIM design, 3D visualization, and digital plan creation.
2.1 The Contractor offers services in the area of Building Information Modeling (BIM), 3D rendering, creation of 2D/3D plans (especially with ArchiCAD), and the digitization of analog plans.
2.2 Offers from the Contractor are subject to change and non-binding unless they are expressly marked as binding. A contract is only concluded upon written order confirmation or the actual commencement of work by the Contractor.
3.1 The specific scope of services is derived from the respective offer or project description.
3.2 Subsequent change requests by the customer that go beyond the original offer are to be remunerated separately. This applies in particular to changes after partial steps have already been accepted.
4.1 The customer is obliged to provide the Contractor with all documents necessary for the execution of the order (e.g., existing plans, sketches, dimensions, material specifications) in a timely, complete, and digitally readable form.
4.2 Delays or errors resulting from incomplete or incorrect information provided by the customer shall be at the customer's expense.
5.1 The prices agreed upon in the offer shall apply. For businesses (entrepreneurs), prices are net prices plus the applicable statutory value-added tax. For consumers, prices are gross prices including statutory value-added tax (unless the small business regulation according to § 19 UStG applies).
5.2 Invoices are payable within 14 days of the invoice date without deduction.
5.3 For larger projects, the Contractor is entitled to demand reasonable down payments according to project progress.
6.1 All works created by the Contractor (BIM models, renderings, plans, IFC files) are protected by copyright.
6.2 Upon full payment of the remuneration, the Contractor grants the customer the rights of use necessary for the respective contractual purpose. Passing on editable model data (e.g., native ArchiCAD files) to third parties requires express written consent.
6.3 The Contractor retains the right to use the created visualizations and models for reference purposes on its own website and in social media, unless an express non-disclosure agreement exists.
7.1 Upon completion of the service, it will be presented to the customer for acceptance. Acceptance is deemed to have taken place if the customer does not notify the Contractor of justified defects in writing within 7 working days. If the customer is a consumer, they will be specifically informed of this consequence again at the beginning of the period.
7.2 Minor creative deviations that lie within the scope of artistic freedom in visualizations do not constitute a defect.
8.1 Limitation of Liability:
The Contractor shall be liable without limitation for damages arising from injury to life, body or health. For other damages, the Contractor shall only be liable in the event of intent or gross negligence. In the event of a breach of essential contractual obligations (obligations whose fulfillment is a prerequisite for the proper execution of the contract), the Contractor shall also be liable for slight negligence, but limited to typical, foreseeable damage.
8.2 Purely Illustrative Nature:
The visualizations and models created serve exclusively for visual representation and illustration. They do not constitute construction-ready planning.
8.3 Exclusion of Structural/Technical Verification:
The Contractor assumes no warranty for:
8.4 Customer's Duty of Inspection:
The customer is expressly advised that a review by qualified professionals (e.g., architects, structural engineers) must be carried out prior to structural implementation. The use of the visualizations as a basis for construction work or material orders is at the customer's own risk.
If the customer is a consumer, they generally have a statutory right of withdrawal for distance contracts. Detailed information on the right of withdrawal will be provided separately. For digital content or services, the right of withdrawal may expire prematurely once the Contractor has completely rendered the service with the prior express consent of the consumer.
The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11.1 The law of the Federal Republic of Germany shall apply. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's usual residence is not withdrawn.
11.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Bernau bei Berlin.
11.3 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.