Terms and conditions
preface
These terms and conditions govern the cooperation of the agency Globalist GmbH, with business owner Felix Manthey and Carlos Schönig, with its customers in order processing and planning, as long as a confirmed written contract does not expressly state otherwise.
The terms and conditions apply from the time the order is placed, regardless of whether this is done verbally or in writing.
§ 1 Cooperation
1.1 The customer and Globalist GmbH work together as a team in accordance with applicable laws
1.2 The customer and Globalist GmbH shall nominate each other contact persons and their representatives who are factually and responsible for the execution of the order.
1.3 The customer and Globalist GmbH shall immediately notify each other of any changes in the named persons. Until such notification is received, the previously named contact persons and/or their representatives shall be considered entitled to make and receive declarations within the framework of their previous power of representation.
§ 2 Confidentiality
2.1 Globalist GmbH), undertakes to treat any data that it has access to as part of the cooperation confidentially and to use the documents provided only for the purposes of the contractual relationship and to keep them confidential
2.2 The stated confidentiality obligation, § 2.1, also applies beyond the end of the contract.
2.3 Unless otherwise discussed, Globalist GmbH receives the right to publish the customer's company logo as a reference when placing an order.
§ 3 Order execution
3.1 Globalist GmbH's working basis is usually the order, order description (customer briefing), order confirmation (feedback), schedule and cost estimate, each in writing.
3.2 An order placed orally by Globalist GmbH is considered 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 implementation of all commissioned development, production and communication measures. Globalist GmbH may, at its discretion, use third parties it deems appropriate to perform its services, in compliance with Sections 1 to 2.
3.4 If the suggestions presented by it are not satisfied, Globalist GmbH will generally show up to two improvements at no additional cost, unless the improvement was necessary due to a change in the customer's task. In this case, the
3.5 Additional expenses subject to a fee. If the suggestions submitted earlier are satisfied, the customer is not entitled to claim a fee discount.
3.6 In the course of order processing, cost estimates must be submitted in writing to the customer for approval before work starts for measures that go beyond the originally agreed scope of services and result in additional costs of more than 500 euros or in the amount of more than 10% of the originally agreed order amount.
3.7 When carrying out the order, Globalist GmbH is obliged to coordinate the measures to be taken with the customer and, in particular, to submit to him the drafts for the proposed means of communication, amended schedules and the cost estimates obtained from third parties for approval.
3.8 Globalist GmbH does not guarantee any promises of revenue income achieved through advertising measures, nor is it liable for the loss of sales due to any reason.
3.9 Appointments are made by Globalist GmbH with the general care of a proper businessman. Fixed transactions require a separate agreement. Otherwise, Globalist GmbH is only obliged to perform properly at a later date. Cancellation of the order for this reason is excluded.
§ 4 Remuneration
4.1 Globalist GmbH's fee calculation is based on industry-standard standards and profitable capabilities.
4.2 For ongoing services, the billing cycle is monthly, on the first of the beginning month. For one-off services, Globalist GmbH requires the first half of payment at the start of the activity and the second half at the end of the activity.
4.3 Unless the remuneration of Globalist GmbH is regulated in writing by contract or by offer and order, this is based on the time required at the rates of Globalist GmbH's current price list for the customer in question.
4.4 Globalist GmbH charges services and expenses plus statutory value added tax. Globalist GmbH's fee invoices for in-house and third-party services are due for payment without deduction immediately upon receipt of the invoice. There is no discount or discount.
§ 5 Liability
5.1 Globalist GmbH is not liable in the event of non-performance, lack of performance or default by advertising media or other third-party agents who are not their vicarious agents, nor for their intentional or grossly negligent conduct.
5.2 Liability limitations 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 vis-à-vis the customer.
5.3 Globalist GmbH is not liable for 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 safety of its proposed solutions and measures with the diligence of an ordinary advertising agent and the basic legal knowledge that can usually be expected of 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 taken at the express request of the customer, even though Globalist GmbH had pointed out any existing legal concerns or if the damage occurred on the basis of a court decision that was not expected in every case.
5.5 Warranty rights insofar as marketing, social media support, search engine optimization or other advice & 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 for defects.
§ 6 Termination
6.1 The cooperation with Globalist GmbH starts 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 Final provision
7.1 These terms and conditions do not apply to services in the area of providing and hosting. Rather, the providers' terms and conditions apply there.7
.2 E-mails are also considered to be 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 prejudge 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 with parts that are incorporated into a joint contractual arrangement and are therefore expressly accepted.
7.5 Only German law applies.
7.6 The invalidity of individual formulations of these general terms and conditions does not affect the validity of the remaining terms and conditions. The invalid provision shall be replaced by the admissible provision which comes closest in economic terms to the ineffective provision. The same applies to facts that have not been addressed here by mistake.
7.7 The place of fulfilment and jurisdiction for all disputes, including bills of exchange and check, is Crailsheim.
7.8 The customer and Globalist GmbH work together as honorable merchants in strict compliance with the applicable legal situation. Both oral and written agreements are effective and enforceable.