These General Terms and Conditions ("Allgemeine Geschäftsbedingungen" / AGB) govern all contracts concluded between ALEXANDRU STEFAN TOIA, Laurentiusstraße 34, 74676 Niedernhall, Germany ("we", "us", "the Provider") and the client ("you", "Client") for the provision of digital marketing services. By engaging our services you accept these terms.
1. Scope of Services
We provide digital marketing services including Instagram and Facebook promotion, search engine optimisation (SEO), paid advertising management, content creation and strategic consulting. The specific scope, deliverables, timelines and remuneration of each engagement are defined in a separate written offer or Statement of Work, which prevails over these AGB in case of conflict.
2. Conclusion of Contract
A binding contract is concluded when the Client accepts our written offer in text form (§126b BGB), e.g. by email confirmation. Verbal side agreements require written confirmation to be valid.
3. Remuneration and Payment Terms
Unless otherwise agreed, our fees are net amounts in Euro (EUR) and are subject to the statutory German Value Added Tax (Umsatzsteuer) where applicable. Monthly retainers are invoiced in advance and payable within 14 days of the invoice date without deduction. In case of late payment, default interest is charged at 9 percentage points above the base rate (§288(2) BGB) for business clients.
4. Client Obligations
The Client agrees to provide all information, brand assets, approvals and platform accesses necessary for the timely delivery of the services. Delays caused by missing approvals or assets do not entitle the Client to a reduction of fees and may extend agreed timelines.
5. Intellectual Property and Usage Rights
Upon full payment, the Client receives a non-exclusive, transferable right to use the deliverables created specifically for them for the agreed purpose. Pre-existing methodologies, templates, frameworks and tooling owned by the Provider remain its property and are licensed to the Client for internal use only.
6. Confidentiality
Both parties undertake to keep confidential any information designated as confidential or apparent from the circumstances to be confidential, and to use it only for purposes of the engagement. This obligation survives termination of the contract.
7. Liability
We are liable without limitation for intent and gross negligence and in case of injury to life, body or health. For slight negligence we are liable only for the breach of essential contractual obligations ("Kardinalpflichten"), limited to foreseeable damages typical for the contract. Liability under the Product Liability Act (ProdHaftG) remains unaffected.
8. Term and Termination
Monthly retainers run for an initial term of one month and renew automatically unless cancelled with 30 days' written notice to the end of a calendar month. The right to extraordinary termination for good cause (§314 BGB) remains unaffected.
9. Force Majeure
Neither party is liable for failures or delays caused by events outside its reasonable control (e.g. natural disasters, pandemics, official orders, prolonged platform outages).
10. Final Provisions
These AGB are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for disputes with merchants, legal persons under public law or special funds under public law is the court competent for our registered seat. Should any provision be invalid, the validity of the remaining provisions remains unaffected.
11. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR) at ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.