General Terms and Conditions Attractive Media GmbH, Dachauer Str. 44, 80335 Munich vis-à-vis entrepreneurs and merchants.
§ 1 Scope of application, validity
(1) All deliveries, services and offers of ATTRACTIVE MEDIA GMBH are exclusively based on these General Terms and Conditions. These are part of all contracts, which ATTRACTIVE MEDIA GMBH concludes with its contractual partners (hereinafter also referred to as “customer”) about the deliveries or services offered by it. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties shall not apply, even if ATTRACTIVE MEDIA GMBH does not separately object to their validity in the individual case. Even if ATTRACTIVE MEDIA GMBH refers to a letter or an e-mail, which contains terms and conditions of the customer or a third party or refers to such, this does not constitute an agreement with the validity of those terms and conditions.
§ 2 Services of Attractive Media GmbH / Cooperation of the Customer
(1) Attractive Media GmbH provides coaching and consulting services to entrepreneurs and merchants in the field of online marketing / social media. Services also offered include consultations, seminars, agency support, lectures, events and mentoring. Unless expressly agreed otherwise in writing, Attractive Media GmbH does not owe the customer the performance of a work / concrete success.
(2) The customer must always provide the cooperation incumbent upon him completely and in due time at the first request of Attractive Media GmbH. If the customer fails to cooperate and thus prevents Attractive Media GmbH from providing the service, the claim for remuneration of Attractive Media GmbH remains unaffected.
(3) With regard to the services to be provided by Attractive Media GmbH to the customer, Attractive Media GmbH has a right to determine the performance in accordance with § 315 BGB (German Civil Code).
(4) Attractive Media GmbH is entitled to have services owed to the customer also provided by vicarious agents / subcontractors and third parties.
(5) If so-called video calls are agreed between Attractive Media GmbH and the customer, the agreed dates are binding. There is no entitlement to transfer or catch-up. This does not apply if the reasons for the hindrance originate from the sphere of Attractive Media GmbH.
(6) The customer shall always ensure the technical requirements necessary for the use of the services of Attractive Media GmbH (sufficient internet connection, camera, microphone, etc).
(7) If the customer participates in an on-site seminar of Attractive Media GmbH, the customer’s claim is limited to the participation in the booked seminar. Accommodation, travel and meals are regularly not included in the booking and are to be borne by the customer.
(8) Dates booked with Attractive Media GmbH (calls, events, workshops, seminars) are always binding. A right to cancel outside of important reasons does not exist. In particular, the customer has no right to rebook/relocate.
§ 3 Formation of contracts
(1) The presentation and advertising of our services on our websites, brochures or within advertisements (for example on Facebook) does not constitute a binding offer to conclude a contract with us.
(2) The contract between Attractive Media GmbH and the customer can be concluded by telephone (video chat, telephone, etc.), in writing or in text form.
(3) Contracts concluded between us and the customer by telephone are concluded by concurrent declarations of intent. The customer agrees that we record the telephone conversation with him and/or the respective video chat for evidence and documentation purposes.
§ 4 Prices, conditions, travel expenses, surcharges
(1) The prices stated and communicated by Attractive Media GmbH are binding. The prices communicated are net prices plus statutory value added tax.
(2) The remuneration owed by the customer to Attractive Media GmbH is due immediately, in full and in advance upon acceptance of the offer, subject to any individual agreement to the contrary. A (SEPA) direct debit authorization granted to Attractive Media GmbH shall also apply to the further business relationship until revoked.
(3) If SEPA direct debit is agreed upon, the customer shall provide Attractive Media GmbH with a written SEPA direct debit mandate after conclusion of the contract. Attractive Media GmbH will provide one upon request.
(4) Attractive Media GmbH will issue the customer a proper invoice showing the value added tax (if applicable through vicarious agents).
(5) In the event that agreed direct debits cannot be collected from the customer’s account and a chargeback occurs, the customer is obligated to transfer the amount owed to Attractive Media GmbH within three business days after the chargeback and to assume the costs caused by the chargeback.
(6) Offsetting against counterclaims shall only be mutually permissible if the respective other contracting party has acknowledged the offsetting or if such offsetting has been legally established. The same shall apply to the exercise of a right of retention by a contracting party.
(7) Any travel expenses incurred shall be borne by the Client. Travel expenses are charged at 35 cents per kilometer. In addition, 25% of the employee’s hourly rate will be charged for arrival / departure.
(8) Surcharges on agreed hourly rates shall accrue as follows:
|Monday – Friday 09:00am to 6:00pm||no surcharge|
|Monday – Friday 6:00pm to 8:00pm||25 %|
|Monday – Friday 06:00am to 09:00am||25%|
|Monday – Friday 8:00pm to 06:00am||50%|
|Saturday, Sundays and holidays||50%|
§ 5 Termination, Term
(1) The contract shall have the minimum term individually agreed between the parties. If the contract is not terminated by the other party no later than four weeks before the end of the term, it shall be renewed for the same term and under the same conditions.
(2) Seminar and workshop registrations are binding. Cancellation is excluded. The customer reserves the right to prove that Attractive Media GmbH has not incurred any damage or only significantly less damage as a result of the non-participation.
(3) Any free termination rights of the customer are excluded.
(4) Notices of termination must be in writing to be effective.
(5) The right to extraordinary termination for cause / rescission for cause shall remain unaffected. The existence of an important reason must always be proven.
§ 6 Default / extraordinary termination
(1) Deadlines for the provision of services by Attractive Media GmbH do not begin until the invoice amount has been received by Attractive Media GmbH and, as agreed, the data necessary for the services are completely available at Attractive Media GmbH or the necessary acts of cooperation have been completely performed.
(2) If the customer is in arrears with payments due, Attractive Media GmbH reserves the right not to perform further services until the outstanding amount has been settled.
(3) If, in the case of payment by installments, the customer is in default of at least two payments due to Attractive Media GmbH, Attractive Media GmbH is entitled to terminate the contract extraordinarily and to discontinue the services. Attractive Media GmbH will, if applicable, claim the entire remuneration due by the next ordinary termination date as damages.
§ 7 Fulfillment
(1) Attractive Media GmbH will perform the agreed services according to the offer with the necessary care. Attractive Media GmbH is entitled to use the help of third parties for this purpose without restriction.
(2) If Attractive Media GmbH is prevented from providing the agreed services and the reasons for the hindrance originate from the sphere of the customer, the claim for remuneration of Attractive Media GmbH remains unaffected.
§ 8 Conduct and consideration
(1) The customer shall ensure the usual conduct of a bona fide businessman towards us. We reserve the right to pursue any unlawful and/or improper or fact-free statements about our company and our services, whether made by customers, competitors or other third parties, in particular untrue statements of fact and defamatory criticism, under civil law and, moreover, to bring criminal charges against them without prior notice.
(2) When participating in our programs and events, the customer is obligated to ensure the trouble-free progress of our programs and events and to follow our instructions immediately. In the event of repeated infringement of an instruction once issued, we shall be entitled to exclude the customer temporarily or permanently from the relevant participation. Our claim to remuneration remains unaffected in these cases.
§ 9 Industrial property rights of third parties
(1) The parties agree that Attractive Media GmbH assumes no liability whatsoever for the contents of the (advertising) measures carried out, as these are provided by the customer.
(2) The customer warrants that working materials provided to Attractive Media GmbH (e.g. photos, texts, videos) are free of third party rights or that the necessary permits for the purposes of the main contract have been obtained. In this respect, the customer indemnifies Attractive Media GmbH from any claims of third parties.
§ 10 Rights of use
(1) The customer receives a simple and non-transferable right of use with respect to the work and service results created and made available by Attractive Media GmbH exclusively for the duration of the contract. Performance and work results in the sense of the underlying contract are all work or services or parts thereof created by Attractive Media GmbH for the customer (e.g. all information, documents, evaluations, videos, photos, know-how acquired in the course of the order fulfillment, advertisements, drawings, materials, specifications, program drafts, (electronic) files, data collections, individual software including associated documentation, manuals and IT systems in the form of source codes or in any other form).
(2) Paragraph 1 shall apply exclusively subject to the reservation that the customer has paid the remuneration due to Attractive Media GmbH under the main contract in full.
(3) If payment in installments has been agreed upon, the right of use designated in accordance with paragraph 1 shall not pass to Attractive Media GmbH until the last installment has been paid in full, subject to any individual agreement to the contrary.
(4) The transfer of the results of work and services to third parties (including affiliated companies) is excluded. The same applies to an adaptation according to § 23 UrhG.
(5) Attractive Media GmbH is entitled to advertise with the name as well as a logo of the customer in business dealings as a reference.
(6) The transfer of our program content to third parties is prohibited and will be prosecuted under civil and criminal law in case of violation. This also applies in particular to access to our member platforms. Subject to any individual agreement to the contrary, a right of use exists exclusively for our direct contractual partner.
§ 11 Right of withdrawal
A right of withdrawal for entrepreneurs in the sense of § 14 BGB (German Civil Code) and merchants according to the German Commercial Code (HGB) neither exists by law nor is such a right otherwise granted by Attractive Media GmbH.
§12 Data protection, consent to data processing and contacting
(2) You revocably consent to being contacted by our company by means of remote communication (e.g. e-mail, SMS, telephone, messenger services). If you object to being contacted by us, you must email us to do so at: [email protected] In your objection e-mail, you must name all contact options through which we may no longer contact you. Any incompleteness in this respect shall not be at our expense. The actual receipt of your e-mail by us is decisive.
§ 13 Liability
(1) Attractive Media GmbH is liable for damages – regardless of the legal grounds – only for intent and gross negligence. In the case of simple negligence Attractive Media GmbH is only liable for
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, liability shall be limited to compensation for the foreseeable, typically occurring damage.
(2) Within the limits of paragraph 1, Attractive Media GmbH is not liable for data and program losses. Liability for loss of data shall be limited to the amount of the typical recovery costs that would have been incurred if back-up copies had been made regularly and in accordance with the risk. Liability under the Product Liability Act shall always remain unaffected, as shall liability for the assumption of a guarantee.
§ 14 Final provisions
(1) Deviations from these GTC shall only be effective if agreed in writing. Individual agreements made with the customer in individual cases, including collateral agreements, supplements and amendments) shall in any case take precedence over these GTC. A written contract or the written confirmation of Attractive Media GmbH is decisive for the content of such agreements.
(2) The entire contractual relationship between Attractive Media GmbH and the customer is subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) The place of performance is the registered office of Attractive Media GmbH. The exclusive commercial place of jurisdiction is the registered office of Attractive Media GmbH, currently Munich.
(4) Should one or more provisions of the contract be or become invalid or unenforceable for factual or legal reasons, this shall not affect the validity of the remaining provisions of the contract. Attractive Media GmbH and the customer are obligated to replace the invalid or unenforceable provision with a valid provision that most closely approximates the economic intent.
AGB Stand: 01.09.2020 © Reproduction prohibited