These General Terms and Conditions govern the cooperation between the agency Globalist GmbH, with business owners Felix Manthey and Carlos Schönig, and its customers in order processing and planning, unless a confirmed written contract expressly stipulates otherwise.
The GTC shall apply from the time the order is placed, regardless of whether this is in writing or verbally.
1.1 The customer and Globalist GmbH shall work together as a team in a spirit of trust and in compliance with the applicable laws
1.2 The client and Globalist GmbH shall appoint contact persons and their deputies who are responsible for the execution of the order.
1.3 The customer and Globalist GmbH shall notify each other immediately of any changes in the named persons. Until such notification is received, the previously named contact persons and/or their deputies are deemed to be authorized to make and receive declarations within the scope of their previous power of representation.
2.1 Globalist GmbH undertakes to treat confidentially any data which it gains access to in the course of the cooperation and to use the documents provided only for the purposes of the contractual relationship and to treat them confidentially
2.2 The aforementioned duty of confidentiality, § 2.1, shall also apply beyond the end of the contract.
2.3 Unless otherwise agreed, Globalist GmbH is granted the right to publish the client's company logo as a reference when the order is placed.
3.1 As a rule, Globalist GmbH's work is based on the order, order description (customer briefing), order confirmation (return briefing), schedule and cost estimate, each in written form.
3.2 An order placed verbally by Globalist GmbH is deemed to have been accepted if Globalist GmbH does not refuse acceptance in writing within 3 days of placing the order.
3.3 Globalist GmbH monitors the proper and professional execution of all commissioned development, production and communication measures. It is at the discretion of Globalist GmbH to engage third parties it deems suitable for the execution of its services, taking into account §§ 1 to 2.
3.4 If the proposals presented by Globalist GmbH are not satisfactory, Globalist GmbH will generally provide up to two subsequent improvements at no additional cost, unless the subsequent improvement was made necessary by a change in the client's task. In this case, the
3.5 Additional expenses are subject to a fee. The client shall not be entitled to demand a reduction in the fee if the proposals submitted first are accepted.
3.6 In the course of order processing, cost estimates for measures that go beyond the originally agreed scope of services and thus cause additional costs of more than EUR 500 or more than 10% of the originally agreed order amount must be submitted to the customer in writing for approval before the start of work.
3.7 When executing the order, Globalist GmbH is obliged to coordinate with the client regarding the measures to be taken and, in particular, to submit to the client for approval the drafts for the proposed means of communication, amended schedules and the cost estimates obtained from third parties.
3.8 Globalist GmbH does not guarantee any promises for sales income achieved through advertising measures, nor is it liable for the loss of sales for any reason.
3.9 Globalist GmbH will observe agreed deadlines with the general diligence of a prudent businessman. Fixed-date transactions require a separate agreement. Otherwise, Globalist GmbH is only obliged to subsequently provide proper performance. Cancellation of the order in this half is excluded.
4.1 Globalist GmbH's fee calculation is based on industry standards and profitable skills.
4.2 The billing cycle for ongoing services is monthly, in each case on the first of the beginning month. For one-off services, Globalist GmbH requests the first half of the payment at the beginning and the second half at the end of the activity.
4.3 Unless Globalist GmbH's remuneration is otherwise regulated in writing by contract or by offer and order, it shall be based on time spent at the rates of Globalist GmbH's current price list for the client concerned.
4.4 Globalist GmbH charges services and expenses plus the statutory value added tax. Globalist GmbH's fee invoices for own and third-party services are due for payment immediately upon receipt of the invoice without deduction. No discount or rebate will be granted.
5.1 Globalist GmbH is not liable for non-performance, deficient performance or delay on the part of advertising media or other third party agents who are not its vicarious agents, nor for their willful or grossly negligent conduct.
5.2 Limitations of liability agreed by Globalist GmbH in contracts or valid general terms and conditions with third parties (advertising media, advertising materials, printers and other production companies of communication media) also apply to the customer.
5.3 Globalist GmbH is not liable for the loss of data and/or programs if the customer has not made a data backup before or after the data transfer. Globalist GmbH checks the legal soundness of its proposed solutions and measures with the care of a prudent advertising agent and the basic legal knowledge that can normally be expected of him.
Globalist GmbH is not obliged to have its drafts and proposed measures legally checked in advance.
5.4 Liability for the legal admissibility of a communication measure does not apply if the measure was carried out at the express request of the customer, although Globalist GmbH had pointed out any existing legal concerns or if the damage occurred due to a judicial decision which, according to prevailing doctrine, is not to be expected in every case.
5.5 Warranty rights Insofar as marketing, social media support, search engine optimization or other consulting & services are part of the contract, a certain (economic) success cannot be guaranteed. In this respect, these are service contracts for which there is no warranty for defects.
6.1 The cooperation with Globalist GmbH begins with a minimum term of three months.
6.2 After expiry of the minimum term, the contract can be terminated up to 10 days before the start of a new contract month.
7.1 These GTC do not apply to services in the area of providing and hosting. Rather, the terms and conditions of the provider apply.7
.2 For the purposes of these General Terms and Conditions, the written form shall also include e-mails. Deviations from these General Terms and Conditions of Globalist GmbH must be made in writing in the form of a contract and/or order.
7.3 Deviations in individual cases shall not prejudice the continued validity of these General Terms and Conditions in partem or in toto in other cases.
7.4 The customer's general terms and conditions shall only become part of the contract in those parts that are included in a joint contractual provision and are thus expressly recognized.
7.5 German law shall apply exclusively.
7.6 The invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision whose economic effect comes closest to that of the invalid provision. The same shall apply to matters inadvertently not addressed here.
7.7 The place of performance and place of jurisdiction for all disputes, including liabilities arising from bills of exchange and checks, is Crailsheim.
7.8 The customer and Globalist GmbH shall work together in a trusting relationship as honorable merchants in strict compliance with the applicable legal situation. Both verbal and written agreements are effective and valid.
