I didn’t just set out to be successful; I set out to truly make a difference. With beyond global, we stand for more than just excellent work – we strive to exceed our clients' expectations and set new standards. Powered by a team of 60 brilliant experts, we have built an agency that tackles global challenges with exceptional solutions, uniting the best minds, deep expertise, and creative energy under one roof. Our mission is to establish a new benchmark through innovative ideas and strategies. Our clients trust us to deliver creative and strategic solutions that genuinely make a difference. Beyond Global is an agency founded on collaboration, diversity, and continuous growth—core values that motivate us to achieve the extraordinary in every project.
We think beyond boundaries. To us, “global” means there are no barriers—neither geographically nor mentally. We’re here to turn bold dreams into reality. Helping our clients bring their visions to life. Beyond Global is more than a service provider; it represents a revolutionary mindset and an unyielding drive to go beyond expectations. I want the world to know: we are not just another agency. We are Beyond Global—and we are here to redefine the future of B2B marketing.
For someone who hasn’t heard of beyond global, how would you describe the agency in just three words?
Exceptional, passionate, dedicated.
Where is the journey for beyond global headed?
I remember the last positioning workshop we had internally quite well. In my group, we discussed our vision and quickly reached a consensus: we want the largest B2B clients to find us so incredible, they reach out to us of their own volition, eager to benefit from our extensive knowledge and expertise. An essential factor on this journey is our commitment to offering extraordinary value. For that, we need a distinctive USP, which, in my view, can only be realized with an outstanding team.
How did you get to where you are today?
I have always been very ambitious; even as a child, I found it important to improve my grades and develop my talents. Art and mathematics were always my favorite subjects. They might seem like an unlikely pair, but they complement each other well for someone aspiring to be the managing director of an advertising agency. My ambition has undoubtedly pushed me to realize my full potential. I often doubted my abilities and questioned what I was truly good at and what was right for me. Transforming those doubts into strengths has inspired me to seek more, learn more, and improve continuously. I am always reaching for more. My drive is relentless.
My father has consistently been an inspiration to me. He dedicated himself to supporting farmers in Austria, experimenting with many different strategies over the years to achieve the best results. He was constantly surrounded by creative ideas and inspiring individuals.
What are the personal factors and drivers behind your success?
Three things immediately come to mind: my passion for my profession. While I can’t precisely define my role due to its many dimensions and the variety of my tasks, it doesn’t matter if it involves business development, client advisory, creative conception, team leadership, finance, or IT. The versatility of being an owner and managing director inspires me and brings me immense pleasure.
Employee empowerment has always been a driving force for me. Reflecting on my own career path and my passion for my journey, I want the same for my employees: to reach their desired goals, to occupy positions that align with their strengths, and to, like me, find joy in teamwork.
Success is certainly another motivator for me. While everyone has their unique definition, for me, it’s about managing an agency that I love going to each day, where team members have become friends, where clients choose to work with us for years, and where we consistently try new things and prosper.
What impact does being a woman have on your business?
I have been fortunate to work with many amazing women throughout my career, both in the agency and on the client side. I believe women bring valuable contributions to various fields. I actively support female empowerment, foster a culture of diversity and inclusion, and promote a collaborative and supportive work environment to improve the workplace culture. This positions the company as modern and progressive in the eyes of others, facilitating a unique market identity. However, sadly women in leadership roles frequently face challenges related to biases and stereotypes.
Women often prioritize collaboration and strive to learn from each other. They are willing to show their vulnerabilities and turn them into strengths within the team. Additionally, women are often better at connecting with people from diverse backgrounds, different ages, and various experiences, as they tend to be less biased. This open mindset has significantly benefited me and opened many opportunities.
What distinguishes your personal leadership style, and how has it evolved throughout your career?
I’d like to quote Michelle Obama: “Don’t be afraid. Be focused. Be determined. Be hopeful. Be empowered.” Or, as I would say in my Mühlviertel dialect: “Don’t lose your shit!” I wholeheartedly welcome every challenge, and I can do so because I have a team I can fully rely on. This is possible because one thing is particularly important to me in leadership: employee empowerment. In the framework of the 5 Levels of Leadership, I strive to foster independence and autonomy in my employees. Essentially, the pinnacle of leadership involves cultivating a new generation of leaders who surpass your own abilities. This is driven not by personal ambition, but by the selfless desire to uplift others.
What specific challenges have you faced as a female leader in relation to New Work and agency life, and how have you overcome them?
In our agency, I've initiated numerous initiatives that started years ago, even before I stepped into a leadership role. I championed a strong company culture, organized events, and established an award to recognize employee contributions. I also advocated for flexible working hours and models, and as a leader, I've introduced various additional initiatives to cultivate a feedback culture, promote a positive work environment, and foster long-lasting, meaningful relationships. Moreover, we launched a Strategy Lab where we collaboratively develop the agency’s strategies. I don’t aspire to be a sole decision-maker; instead, I aim to create something remarkable together. Throughout this journey, my interpersonal skills as a woman have made a significant impact.
What self-leadership strategies do you personally employ?
Sparring has always been a key component of my approach. I’m fortunate to have several sparring partners, such as my colleague Thomas Catulli, my father, and our HR manager, Katarina Bijelic, with whom I maintain regular dialogue. Continuous learning is another crucial focus for me. I actively research and read to develop my skills as a leader, strategist, and owner. Additionally, I am blessed with a supportive and stable personal environment that allows me to devote significant time to my passion—the agency.
While we are on the point of humanity in leadership: How do you foster female empowerment within your leadership practices?
In the past, while I was still an apprentice, our agency struggled with high turnover rates, a common issue in the industry. This was largely because employees felt uncomfortable in the environment, and I was no exception. Once I transitioned to a more senior role, I realized what had to change. Communication became paramount; I actively seek input and feedback from my colleagues about their experiences. It’s crucial for me to have satisfied and happy employees who love their work, as I want to collaborate with them effectively.
I have also been there for employees during many different life circumstances and personal hardships. This approach reflects work-life blending. For me, the well-being of people doesn't stop at the agency entrance. I believe it's my duty to support employees, who frequently become friends, in all areas of their lives as best as I can.
What are your future aspirations?
I never had a significant plan or concrete ideas for my career. Much of it has simply evolved on its own, and I expect that will be the case moving forward. My ultimate aim as a leader is to develop a new generation of leaders who excel beyond my own abilities.
I didn’t just set out to be successful; I set out to truly make a difference. With beyond global, we stand for more than just excellent work – we strive to exceed our clients' expectations and set new standards. Powered by a team of 60 brilliant experts, we have built an agency that tackles global challenges with exceptional solutions, uniting the best minds, deep expertise, and creative energy under one roof. Our mission is to establish a new benchmark through innovative ideas and strategies. Our clients trust us to deliver creative and strategic solutions that genuinely make a difference. Beyond Global is an agency founded on collaboration, diversity, and continuous growth—core values that motivate us to achieve the extraordinary in every project.
We think beyond boundaries. To us, “global” means there are no barriers—neither geographically nor mentally. We’re here to turn bold dreams into reality. Helping our clients bring their visions to life. Beyond Global is more than a service provider; it represents a revolutionary mindset and an unyielding drive to go beyond expectations. I want the world to know: we are not just another agency. We are Beyond Global—and we are here to redefine the future of B2B marketing.
For someone who hasn’t heard of beyond global, how would you describe the agency in just three words?
Exceptional, passionate, dedicated.
Where is the journey for beyond global headed?
I remember the last positioning workshop we had internally quite well. In my group, we discussed our vision and quickly reached a consensus: we want the largest B2B clients to find us so incredible, they reach out to us of their own volition, eager to benefit from our extensive knowledge and expertise. An essential factor on this journey is our commitment to offering extraordinary value. For that, we need a distinctive USP, which, in my view, can only be realized with an outstanding team.
What are the personal factors and drivers behind your success?
Three things immediately come to mind: my passion for my profession. While I can’t precisely define my role due to its many dimensions and the variety of my tasks, it doesn’t matter if it involves business development, client advisory, creative conception, team leadership, finance, or IT. The versatility of being an owner and managing director inspires me and brings me immense pleasure.
Employee empowerment has always been a driving force for me. Reflecting on my own career path and my passion for my journey, I want the same for my employees: to reach their desired goals, to occupy positions that align with their strengths, and to, like me, find joy in teamwork.
Success is certainly another motivator for me. While everyone has their unique definition, for me, it’s about managing an agency that I love going to each day, where team members have become friends, where clients choose to work with us for years, and where we consistently try new things and prosper.
How did you get to where you are today?
I have always been very ambitious; even as a child, I found it important to improve my grades and develop my talents. Art and mathematics were always my favorite subjects. They might seem like an unlikely pair, but they complement each other well for someone aspiring to be the managing director of an advertising agency. My ambition has undoubtedly pushed me to realize my full potential. I often doubted my abilities and questioned what I was truly good at and what was right for me. Transforming those doubts into strengths has inspired me to seek more, learn more, and improve continuously. I am always reaching for more. My drive is relentless.
My father has consistently been an inspiration to me. He dedicated himself to supporting farmers in Austria, experimenting with many different strategies over the years to achieve the best results. He was constantly surrounded by creative ideas and inspiring individuals.
What impact does being a woman have on your business?
I have been fortunate to work with many amazing women throughout my career, both in the agency and on the client side. I believe women bring valuable contributions to various fields. I actively support female empowerment, foster a culture of diversity and inclusion, and promote a collaborative and supportive work environment to improve the workplace culture. This positions the company as modern and progressive in the eyes of others, facilitating a unique market identity. However, sadly women in leadership roles frequently face challenges related to biases and stereotypes.
Women often prioritize collaboration and strive to learn from each other. They are willing to show their vulnerabilities and turn them into strengths within the team. Additionally, women are often better at connecting with people from diverse backgrounds, different ages, and various experiences, as they tend to be less biased. This open mindset has significantly benefited me and opened many opportunities.
What distinguishes your personal leadership style, and how has it evolved throughout your career?
I’d like to quote Michelle Obama: “Don’t be afraid. Be focused. Be determined. Be hopeful. Be empowered.” Or, as I would say in my Mühlviertel dialect: “Don’t lose your shit!” I wholeheartedly welcome every challenge, and I can do so because I have a team I can fully rely on. This is possible because one thing is particularly important to me in leadership: employee empowerment. In the framework of the 5 Levels of Leadership, I strive to foster independence and autonomy in my employees. Essentially, the pinnacle of leadership involves cultivating a new generation of leaders who surpass your own abilities. This is driven not by personal ambition, but by the selfless desire to uplift others.
What specific challenges have you faced as a female leader in relation to New Work and agency life, and how have you overcome them?
In our agency, I've initiated numerous initiatives that started years ago, even before I stepped into a leadership role. I championed a strong company culture, organized events, and established an award to recognize employee contributions. I also advocated for flexible working hours and models, and as a leader, I've introduced various additional initiatives to cultivate a feedback culture, promote a positive work environment, and foster long-lasting, meaningful relationships. Moreover, we launched a Strategy Lab where we collaboratively develop the agency’s strategies. I don’t aspire to be a sole decision-maker; instead, I aim to create something remarkable together. Throughout this journey, my interpersonal skills as a woman have made a significant impact.
What self-leadership strategies do you personally employ?
Sparring has always been a key component of my approach. I’m fortunate to have several sparring partners, such as my colleague Thomas Catulli, my father, and our HR manager, Katarina Bijelic, with whom I maintain regular dialogue. Continuous learning is another crucial focus for me. I actively research and read to develop my skills as a leader, strategist, and owner. Additionally, I am blessed with a supportive and stable personal environment that allows me to devote significant time to my passion—the agency.
While we are on the point of humanity in leadership: How do you foster female empowerment within your leadership practices?
In the past, while I was still an apprentice, our agency struggled with high turnover rates, a common issue in the industry. This was largely because employees felt uncomfortable in the environment, and I was no exception. Once I transitioned to a more senior role, I realized what had to change. Communication became paramount; I actively seek input and feedback from my colleagues about their experiences. It’s crucial for me to have satisfied and happy employees who love their work, as I want to collaborate with them effectively.
I have also been there for employees during many different life circumstances and personal hardships. This approach reflects work-life blending. For me, the well-being of people doesn't stop at the agency entrance. I believe it's my duty to support employees, who frequently become friends, in all areas of their lives as best as I can.
What are your future aspirations?
I never had a significant plan or concrete ideas for my career. Much of it has simply evolved on its own, and I expect that will be the case moving forward. My ultimate aim as a leader is to develop a new generation of leaders who excel beyond my own abilities.
BEYOND GLOBAL GERMANY
Speicher 1
Konsul-Smidt-Straße 8j
D-28217 Bremen
phone +49 421 339 160
hello@beyond.global
BEYOND GLOBAL GERMANY
Speicher 1
Konsul-Smidt-Straße 8j
D-28217 Bremen
phone +49 421 339 160
hello@beyond.global
1.1 beyond global (hereinafter "Agency") shall provide its services exclusively on the basis of the following General Terms and Conditions (GTC). They shall apply to all legal relationships between the Agency and the Customer, even if they are not expressly referred to.
1.2 The version applicable at the time of conclusion of a contract shall be relevant. Deviations from these GTC and other supplementary agreements with the Customer shall only be effective if they have been confirmed by the Agency in writing.
1.3 Terms and conditions of the Customer, if any, shall not be accepted, even if the Agency knows them, unless expressly agreed otherwise in writing on a case-by-case basis. The Agency expressly objects to GTC of the Customer. No other objection of the Agency to the Customer's GTC shall be required.
1.4 The Customer shall be informed about amendments to the GTC; they shall be deemed agreed unless the Customer objects to the amended GTC in writing within 14 days; in the information the Customer will be expressly informed about the consequence of silence on his part. This fiction of consent does not apply to changes in essential service content and fees.
1.5 If any provisions of these General Terms and Conditions are ineffective, the binding nature of the remaining provisions and the contracts concluded on the basis of the same shall not be affected. The ineffective provision shall be replaced by an effective provision which comes as close as possible to the meaning and purpose of the ineffective one.
1.6 The Agency's offers shall be subject to change without notice and non-binding.
Before an order is placed the Agency expressly points out to the Customer that providers of "social media channels" (e.g. facebook; hereinafter referred to as Providers), in their terms and conditions of use, reserve the right to reject or remove advertisements or promotional appearances for any reason whatsoever. Accordingly, Providers are not obliged to forward content or information to users. Thus, there is a risk, which cannot be calculated by the Agency, that advertisements or promotional appearances are removed for no reason. Although in the case of a complaint of a different user Providers do offer an opportunity to reply, the content will be immediately removed also in that case. In that case restoring the original, lawful condition may take some time. The Agency works on the basis of the Providers' terms and conditions of use, on which it has no influence, and also makes them the basis of Customer orders. By placing the order the Customer expressly acknowledges that those terms and conditions of use (co-)determine the rights and duties of a contractual relationship, if any. The Agency intends to execute the Customer's order to the best of its knowledge and belief and to comply with the policies of "social media channels". Due to the terms and conditions of use that are currently applicable and the fact that every user can easily allege a violation of the law with the aim that contents will be removed, the Agency cannot guarantee that the ordered campaign can be retrieved at any time.
If a potential Customer has already invited the Agency beforehand to develop a concept and if the Agency accepts this invitation prior to conclusion of the principal contract, the following shall apply:
3.1 By the invitation and acceptance of the invitation by the Agency the potential Customer and the Agency enter into a contractual relationship ("pitching contract"). That contract will also be based on the GTC.
3.2 The potential Customer acknowledges that already by developing a concept the Agency will render cost-intensive services, even though the Customer himself has not taken on any performance duties yet.
3.3 To the extent that they reach the level of originality required for copyright protection the linguistic and graphic parts of the concept are protected by the Austrian Copyright Act [Urheberrechtsgesetz]. The potential Customer is not permitted to use or edit those parts without the Agency's consent due to the Austrian Copyright Act alone.
3.4 Furthermore, the concept contains ideas that are relevant to advertising which do not reach the level of originality required for copyright protection and are thus not protected by the Austrian Copyright Act. Such ideas are generated at the beginning of every creative process and may be defined as the creative spark for all subsequent work results and, thus, as the origin of the marketing strategy. Accordingly, those elements of the concept are protected which are unique and characterise the marketing strategy. For the purpose of this agreement ideas shall in particular mean advertising slogans, advertising texts, graphics and illustrations, advertising means etc., even if they do not reach the level of originality required for copyright protection.
3.5 The potential Customer undertakes not to exploit or have exploited commercially and/or use or have used the creative advertising ideas which the Agency presented as part of the concept in any context other than the corrective of a principal contract to be concluded at a later time.
3.6 If the potential Customer is of the opinion that the Agency presented ideas to him which he already had before the presentation, he shall notify the Agency thereof via e-mail within 14 days of the day of the presentation and include means of evidence which allow a chronological allocation.
3.7 Otherwise the Parties will assume that the Agency has presented an idea to the potential Customer which is new to him. If the Customer uses the idea, it has to be assumed that the Agency received remuneration therefor.
3.8 The potential Customer may be released from his duties under this Clause if he pays a reasonable compensation plus 20% VAT. Such release shall become effective only after receipt of the full compensation payment by the Agency.
4.1 The scope of the services to be rendered shall be based on the specifications of the Agency Agreement or the Agency's acknowledgment of order, if any, and the briefing report, if any ("Offer Documents"). Subsequent modifications of the services shall be subject to the Agency's written confirmation. When executing the order the Agency shall be free in its discretion within the framework specified by the Customer.
4.2 All services of the Agency (including but not limited to all preliminary designs, sketches, final drawings, proofs, blueprints, copies, coloured prints and electronic files) shall be checked by the Customer and released within three working days of receipt by the Customer. If they are not released within that period, they shall be deemed approved by the Customer. After that period has expired with no reply from the Customer they shall be deemed accepted by the same.
4.3 The Customer shall make accessible to the Agency completely and in time all information and documents required for rendering the service. The Customer shall notify the Agency of all circumstances that are relevant to execution of the order, even if they become known only in the course of execution of the order. The Customer shall bear the costs incurred due to the fact that work has to be done again by the Agency or is delayed because of his incorrect, incomplete or subsequently modified specifications.
4.4 In addition, the Customer is obliged to clear the documents made available by him for execution of the order (photos, logos, etc.) for potential copyrights, trademark rights, marks or other rights of third parties (rights clearance) and guarantees that the documents are free from rights of third parties and may therefore be used for the desired purpose.
In the case of merely slight negligence or if it has fulfilled its duty to warn the Customer, the Agency shall not be liable (at least as regards the relationship between the Agency and the Customer) for an infringement of such rights of third parties by documents made available by the Customer. If the Agency is held liable for an infringement of such rights, the Customer shall indemnify and hold harmless the Agency and shall compensate the Agency for any and all disadvantages suffered by it due to third-party claims, including costs of reasonable legal representation. The Customer undertakes to support the Agency in defending claims of third parties, if any. For this purpose the Customer shall provide the Agency with all documents without request.
5.1 The Agency shall be entitled at its own discretion to render the services itself, to employ expert third parties as agents [Erfüllungsgehilfen as defined by Section 1313a of the Austrian General Civil Code [AGBG]] and/or to commission a third party to render such services ("External Service").
5.2 Commissioning of third parties in connection with an External Service shall be done either in the Agency's own name or in the name of the Customer. The Agency shall select the relevant third party with care and ensure that it is appropriately qualified.
5.3 The Customer shall assume obligations vis-à-vis third parties which survive the contract. This shall expressly apply also in the case of termination of the agency contract for cause.
6.1 Unless expressly agreed to be binding, delivery or service periods stated shall only be approximate and non-binding. Binding agreements on deadlines shall be recorded in writing or confirmed by the Agency in writing.
6.2 If the delivery/service of the Agency is delayed for reasons for which the Agency is not responsible, such as, e.g. events of force majeure or other unforeseeable events that cannot be prevented by reasonable means, the service obligations shall be suspended for the duration and to the extent of the impediment and the deadlines shall be extended accordingly. If such delays continue for more than two months, the Customer and the Agency shall be entitled to rescind the contract.
6.3 If the Agency is in default, the Customer may only rescind the contract after having granted the Agency a reasonable grace period of at least 14 days in writing and after such period has expired fruitlessly. Claims of the Customer for damages on the ground of non-performance or default shall be excluded, unless intent or gross negligence can be proved.
7.1 The Agency shall be entitled to terminate the contract for cause with immediate effect. Causes shall include but not be limited to situations where
(a) provision of a service becomes impossible for reasons for which the Customer is responsible or is further delayed even though the Customer was granted a grace period of 14 days;
(b) the Customer continues to violate material obligations under this contract, such as, e.g. the obligation to pay an amount payment of which has been demanded or duties to co-operate, despite a written warning and having been granted a grace period of 14 days.
(c) legitimate concerns exist regarding the Customer's credit standing and, upon the Agency's request, the Customer fails to make advance payments or to furnish suitable security prior to provision of the service by the Agency;
7.2 The Customer shall be entitled to terminate the contract for cause without having to grant a grace period. A cause shall be, in particular, where the Agency repeatedly violates material provisions of this contract despite a written warning and having been granted a grace period of at least 14 days to remedy the breach of the contract.
8.1 Unless otherwise agreed the Agency's entitlement to fees shall arise for any specific service once the same has been rendered. The Agency shall be entitled to ask for advances to cover its expenses.
8.2 The fees shall be stated as net fees plus statutory value added tax. If in a specific case no agreement on fees has been concluded, the Agency shall be entitled to fees at market rates for the services rendered and for transfer of copyrights and marks.
8.3 All services of the Agency which are not expressly covered by the agreed fees shall be paid for separately. All cash expenses incurred by the Agency shall be reimbursed by the Customer.
8.4 Cost estimates provided by the Agency shall be non-binding. If it becomes clear that the actual costs will exceed the Agency's written cost estimate by more than 15%, the Agency shall advise the Customer of such higher costs. The increase in costs shall be deemed accepted by the Customer if the Customer does not object to such increase in writing within three working days of the advice and states cheaper alternatives at the same time. Cost increases of up to 15% shall not have to be advised separately. Such a deviation from the cost estimate shall be deemed accepted by the Customer from the beginning.
8.5 If the Customer unilaterally modifies or cancels work ordered without involving the Agency and notwithstanding other regular support from the same, the Customer shall pay the Agency for the services provided by then according to the agreement on fees and shall reimburse all costs incurred. Unless work is cancelled on the ground of a breach of the Agency's duties by gross negligence or wilful intent, the Customer shall, in addition, pay the Agency the total fee (commission) agreed for that contract, and the allowance [Anrechnungsvergütung] as defined in Section 1168 of the Austrian Civil Code [AGBG] shall be excluded. Furthermore, the Agency shall be indemnified and held harmless from and against any third-party claims, in particular of the Agency's contractors. By payment of the fees the Customer shall acquire no rights to use work already carried out; concepts, drafts and other documents which were not implemented shall rather be returned to the Agency without delay.
9.1 The fee shall be due for payment immediately upon receipt of the invoice without any deductions, unless special payment terms are agreed in writing on a case-by-case basis. The same shall apply to all cash and other expenses charged. The Agency shall retain title to the goods delivered by it until full payment of the fee including all ancillary liabilities.
9.2 In the case of payment default of the Customer statutory default interest at the rate applicable to business-to-business transactions will be charged. In the case of default the Customer also undertakes to reimburse the Agency the dunning and collection charges incurred to the extent they are necessary for appropriate pursuit of the claim. This shall in any case include the costs of two dunning letters at the market fee of currently at least EUR 20 per letter plus those of one dunning letter of a lawyer who has been instructed to collect the receivables outstanding. Assertion of further rights and claims shall remain unaffected.
9.3 If the Customer is in default of payment, the Agency may call for immediate payment of services or partial services rendered under different contracts concluded with the Customer.
9.4 Furthermore, the Agency is not obliged to render other services until payment of the amount outstanding (right to withhold services). The obligation to pay the fees shall not be affected.
9.5 If payment by instalments has been agreed, the Agency reserves the right to demand immediate payment of the total debt outstanding if instalments or ancillary claims are not paid in time (acceleration clause).
9.6 The Customer shall not be entitled to set off claims of the Agency against his own claims unless the Customer's claim has been recognised by the Agency in writing or ascertained by court.
10.1 The Agency shall retain title to all services of the Agency, including services in connection with presentations (e.g., suggestions, ideas, sketches, preliminary designs, scribbles, final drawings, concepts, negatives, slides), including parts thereof, as well as the individual workpieces and original designs and the Agency may demand at any time, in particular in the case of termination of the contractual relationship, that they be returned to it. By paying the fees the Customer shall acquire the right to use the services for the designated purpose agreed. Unless otherwise agreed the Customer shall, however, use the Agency's services exclusively in Austria. Acquisition of rights to use and exploit the Agency's services shall in any case be subject to full payment of the fees charged by the Agency for the same. If the Customer uses the Agency's services already prior to that time, such use shall be based on a loan relationship that may be revoked at any time.
10.2 Modifications and/or editing of services of the Agency, including but not limited to further development of the same by the Customer or third parties working for the Customer, shall only be permitted with the express consent of the Agency and, to the extent that services are protected by copyright, of the author. The surrender of all so-called "open files" is therefore expressly not part of the contract. The agency is not obliged to surrender. This means that the customer has no legal right to this without contractual assignment of the rights of use even for "electronic work".
10.3 Use of the Agency's services beyond the originally agreed purpose and scope of use shall be subject to the Agency's consent irrespective of whether such service is protected by copyright or not. In consideration thereof the Agency and the author shall be entitled to a separate reasonable fee.
10.4 After expiration of the Agency Agreement use of services of the Agency and/or advertising means for which the Agency developed concepts or designs shall also be subject to the Agency's consent irrespective of whether the service is protected by copyright or not.
10.5 In the first year after termination of the contract the Agency shall be entitled to the full agency fees agreed in the expired contract for any use described in paragraph 4. In the second and third year after expiration of the contract the Agency shall only be entitled to half or one fourth of the consideration agreed in the contract. From the fourth year after termination of the contract no agency fees shall be payable.
10.6 The Customer shall be liable to the Agency for any unlawful use in the amount of twice the reasonable fees for such use.
11.1 The Agency shall be entitled to make reference to the Agency and the author, if applicable, on all advertising means and in any advertising and promotion measures, without the Customer being entitled to any payment in this respect.
11.2 The Agency shall be entitled to make reference to its current or former business relationship with the Customer on its own advertising media, including but not limited to its website, by referring to the Customer's business name and business logo, with the Customer having the right to revoke his consent in writing at any time.
12.1 The Customer shall notify any defects immediately and in any case within eight days of delivery/provision of the service by the Agency and hidden defects not later than eight days after they were identified in writing including a description of the defect; otherwise the service shall be deemed accepted. In that case assertion of any warranty claims or claims for damages as well as the right to assert claims on account of mistake shall be excluded.
12.2 In the case of a justified and timely notification of defects the Customer shall be entitled to improvement or replacement of the delivery/service by the Agency.
The Agency shall repair the defects within a reasonable period of time and the Customer shall enable the Agency to take all measures which are necessary for examination and repair of the defects. The Agency shall be entitled to refuse improvement of the service if such improvement is impossible or if the Agency were to incur disproportionately high costs. In that case the Customer shall be entitled to cancel the contract or get a fee reduction as provided for by law. In the case of improvement the Customer shall send the defective (physical) item at his cost.
12.3 The Customer shall also be obliged to examine the service for its lawfulness, including but not limited to competition law, trademark law, copyright law and administrative law. The Agency is obliged only to roughly examine lawfulness. In the case of slight negligence or after it has fulfilled its duty to warn the Customer, if any, the Agency shall not be liable for lawfulness of contents if they were advised or accepted by the Customer.
12.4 The warranty period shall be six months as of delivery/service. The right of recourse to the Agency as defined in Section 933 b (1) AGBG shall be forfeited one year after delivery/service. The Customer shall not be entitled to withhold payments on the ground of complaints. The presumption rule [Vermutungsregel] of Section 924 AGBG shall be excluded.
13.1 In cases of slight negligence liability of the Agency and its employees, contractors or other agents [translator's note: Erfüllungsgehilfen as defined by Section 1313a AGBG] ("People") for damage to property or pecuniary loss suffered by the Customer shall be excluded, be it indirect or direct damage, lost profit or consequential damage resulting from a defect, damage due to default, impossibility, breach of obligation, culpa in contrahendo or due to defective or incomplete performance. The harmed party shall have to prove gross negligence. To the extent that the Agency's liability is excluded or limited this shall also apply to personal liability of its People.
13.2 Any liability of the Agency for claims asserted vis-à-vis the Customer on the ground of services rendered by the Agency (e.g. advertising and promotion measures) shall be expressly excluded, provided that the Agency complied with its duty to inform or if it was unable to see such a duty, even due to slight negligence. The Agency shall, in particular, not be liable for costs of legal proceedings, lawyer's fees of the Customer or costs of publication of judgments or for claims for damages, if any, or other claims of third parties; the Customer shall indemnify and hold harmless the Agency in this respect.
13.3 Claims of the Customer for damages shall be forfeited six months after knowledge of the damage and in any case three years after the Agency's infringement. Claims for damages shall be limited to the net contract value.
For contracts concluded with one of the agency companies in Austria or Germany, the law of the country in which the GmbH is based shall apply. Contracts concluded with the Austrian agencies are subject to Austrian substantive law, excluding its conflict of law rules. Contracts concluded with the German agencies are subject to German law, particularly the provisions of the German Civil Code (BGB). The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15.1 The place of performance is the registered office of the respective agency. In the case of shipment, the risk passes to the customer as soon as the agency has handed over the goods to the carrier selected by the agency.
15.2 The agreed place of jurisdiction for all legal disputes arising between the Agency and Customer in connection with this contractual relationship shall be the court having jurisdiction over the subject-matter and the Agency's registered office. Notwithstanding the foregoing the Agency shall be entitled to sue the Customer at his general place of jurisdiction.
15.3 If only the masculine form is used herein for describing natural persons it shall equally refer to women and men. If a specific person is referred to, the respective gender-specific form shall be used.