AGBs
Vorwort
These General Terms and Conditions regulate the cooperation of the agency Globalist GmbH, with business owners Felix Manthey and Carlos Schönig, with their customers in order processing and planning, as long as a confirmed written contract does not expressly specify otherwise.
The General Terms and Conditions apply from the time the order is placed, regardless of whether it is in writing or verbally.
§ 1 Zusammenarbeit
1.1 The customer and Globalist GmbH work together as a team in a trusting manner, taking into account the applicable laws
1.2 The customer and Globalist GmbH name each other contact persons and their representatives who are responsible and responsible for the execution of the order.
1.3 The customer and Globalist GmbH will notify each other immediately of any changes in the named persons. Until such notification is received, the previously named contact persons and/or their representatives are deemed to be authorized to make and receive statements within the scope of their previous power of representation.
§ 2 Vertraulichkeit
2.1 Globalist GmbH andertakes to treat any data that it has access to as part of the collaboration confidentially and to use the documents provided only for the purposes of the contractual relationship and to treat them confidentially
2.2 The aforementioned obligation of confidentiality, § 2.1, also applies beyond the end of the contract.
2.3 Unless otherwise agreed, Globalist GmbH receives the right to publish the customer's company logo as a reference when the order is placed.
§ 3 Auftragsdurchführung
3.1 Globalist GmbH's working basis is usually the order, order description (customer briefing), order confirmation (briefing back), schedule and cost estimate, each in writing.
3.2 An order placed verbally by Globalist GmbH is deemed to have been accepted if Globalist GmbH does not reject acceptance in writing within 3 days of placing the order.
3.3 Globalist GmbH monitors the proper and professional implementation of all commissioned development, production and communication measures. Globalist GmbH has the discretion to use third parties it deems suitable to carry out its services, taking into account §§ 1 to 2.
3.4 If the suggestions presented by it are not satisfied, Globalist GmbH will generally provide up to two improvements without additional costs, provided that the improvement was not necessary due to a change in the customer's task. In this case the
3.5 Additional costs subject to a fee. If the customer likes the suggestions initially submitted, they are not entitled to request a reduction in fees.
3.6 In the course of order processing, cost estimates must be submitted to the customer in writing for approval before work begins for measures that go beyond the originally agreed scope of services and thereby cause additional costs of more than 500 euros or more than 10% of the originally agreed order sum.
3.7 When executing the order, Globalist GmbH is obliged to coordinate with the customer regarding the measures to be taken and in particular to submit to him for approval the drafts for the proposed means of communication, changed schedules and the cost estimates obtained from third parties.
3.8 Globalist GmbH does not guarantee any promises of sales income generated through advertising measures, nor is it liable for loss of sales for any reason.
3.9 Appointments will be observed by Globalist GmbH with the general care of a prudent businessman. Fixed transactions require a separate agreement. Otherwise, Globalist GmbH is only obliged to provide subsequent, proper performance. Cancellation of the order for this reason is excluded.
§ 4 Vergütung
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, on the first of the beginning of each month. For one-off services, Globalist GmbH requires 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 offer and order, this will be done on a time basis at the rates in Globalist GmbH's current price list for the customer in question.
4.4 Globalist GmbH charges services and expenses plus statutory VAT. Globalist GmbH's fee invoices for in-house and third-party services are due for payment without deductions immediately upon receipt of the invoice. No cash discount or rebate will be granted.
§ 5 Haftung
5.1 Globalist GmbH is not liable for non-performance, lack of performance or delay on the part of advertising media or other third-party agents who are not its vicarious agents, nor for their intentional or grossly negligent behavior.
5.2 Limitations of liability agreed by Globalist GmbH in contracts or valid general terms and conditions with third parties (advertising media, advertising materials, printing companies and other communication media production companies) 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 backed up the data before or after the data transfer. Globalist GmbH checks the legal harmlessness of its proposed solutions and measures with the care of a prudent advertising businessman and the basic legal knowledge that can normally be expected from him.
It is not obliged to have its drafts and proposed measures legally examined beforehand.
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, even though Globalist GmbH had pointed out any legal concerns that may exist, or if the damage occurred due to a judicial decision that is not always to be expected according to prevailing doctrine.
5.5 Warranty Rights If marketing, social media support, search engine optimization or other advice and services are part of the contract, a specific (economic) success cannot be guaranteed. In this respect, these are service contracts for which there is no warranty against defects.
§ 6 Kündigung
6.1 The collaboration with Globalist GmbH initially runs for a minimum term of three months.
6.2 After the minimum term has expired, the contract can be terminated up to 10 days before the start of a new contract month.
§ 7 Schlussbestimmung
7.1 These General Terms and Conditions do not apply to services in the area of providing and hosting. Rather, the providers’ terms and conditions apply.7
.2 Emails also count as written form within the meaning of these General Terms and Conditions. Deviations from these General Terms and Conditions of Globalist GmbH must be made in writing in contract and/or order form.
7.3 Deviations in individual cases do not affect the continued validity of these General Terms and Conditions in part or in toto in other cases.
7.4 The customer's general terms and conditions only become part of the contract in those parts that are included in a common contractual regulation and are therefore expressly recognized.
7.5 German law applies exclusively.
7.6 The invalidity of individual formulations of these general terms and conditions does not affect the validity of the rest. The invalid provision is replaced by the permissible provision whose effect comes closest to the ineffective provision in economic terms. The same applies to matters that are inadvertently not addressed here.
7.7 Place of performance and jurisdiction for all disputes, including for bills of exchange and check liabilities, is Crailsheim.
7.8 The customer and Globalist GmbH work together as honest merchants in a spirit of trust, in strict compliance with the applicable legal situation. Both oral and written agreements are valid and valid.