General Terms and Conditions (GTC) of Tiki-Taka Media GmbH
1. scope of application
1.1 These General Terms and Conditions (GTC) apply to all contracts between Tiki-Taka Media GmbH, Curschmannstr. 9, 20251 Hamburg (hereinafter “Agency” or “we”), and its customers (hereinafter “Customer” or “you”) for the provision of services in the field of digital marketing, in particular search engine advertising (SEA), social media advertising, search engine optimization (SEO), web development and other online marketing services.
1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless their validity is expressly recognized in writing by the agency.
2. conclusion of contract
2.1 The Agency’s offers are subject to change and non-binding. A contract is only concluded when the agency confirms the customer’s offer in writing or in text form or begins to provide the service.
2.2 Amendments or additions to the contract must be made in writing.
3. scope of services
3.1 The Agency shall provide the services described in the contract or offer. The exact scope of services shall be defined in an individual contract, offer or service description.
3.2 The Agency shall be entitled to use subcontractors or third parties to provide the contractually agreed services.
4 Obligations of the customer
4.1 The Client undertakes to provide the Agency with all necessary information and materials required for the proper performance of the services.
4.2 The customer shall ensure that the information and materials provided do not infringe any third-party rights, in particular copyrights, trademark rights or personal rights.
4.3 The client is obliged to inform the agency immediately of any changes to its requirements or the materials provided.
5. remuneration
5.1 The remuneration for the Agency’s services is set out in the contract or the offer. All prices are exclusive of statutory value added tax.
5.2 Unless otherwise agreed, the Agency’s invoices shall be due for payment without deduction within 14 days of invoicing.
5.3 If the customer is in default of payment, the Agency shall be entitled to charge interest on arrears at a rate of 9 percentage points above the prime rate of the European Central Bank.
6 Contract term and termination
6.1 The contract is concluded for the period agreed in the contract or offer and ends at the end of this period without the need for termination, unless otherwise agreed.
6.2 The contract can be terminated by either party with a notice period of 4 weeks to the end of the month, unless a longer notice period has been agreed in the contract.
6.3 The right to extraordinary termination for good cause remains unaffected.
7 Liability and warranty
7.1 The Agency shall be liable for damages caused by intentional or grossly negligent behavior. In the event of simple negligence, the Agency shall only be liable for the breach of material contractual obligations, whereby liability shall be limited to the foreseeable, typically occurring damage.
7.2 The Agency assumes no liability for the success of the marketing measures, in particular not for a specific placement in search engines or social media platforms.
7.3 The Agency guarantees that the services are provided in accordance with the generally recognized standards of the industry and the requirements of the relevant law.
8. data protection
8.1 The Agency undertakes to treat all personal data processed in the course of fulfilling the contract in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).
8.2 Further information on the processing of personal data can be found in the agency’s privacy policy.
9 Copyright and rights of use
9.1 Insofar as copyrighted works (e.g. texts, graphics, designs) are created as part of the provision of services, the Agency shall grant the Client a simple, non-transferable right of use for the duration of the contract.
9.2 Unless otherwise agreed, the copyright shall remain with the Agency.
10. final provisions
10.1 These GTC and all legal relationships between the Agency and the Customer shall be governed exclusively by German law.
10.2 The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Hamburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
10.3 Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.
11. contact information
Tiki-Taka Media GmbH
Curschmannstr. 9
20251 Hamburg
Phone: +49 40 2286 3441
E-mail: hello@tikitaka.digital
Website: https://tikitaka.digital/