Terms of Business

Grossmann & Koehler Consulting LLC

2880W Oakland Park BLVD - SUITE 225C

33311, Oakland Park, Florida, USA 

("GK" in the following)

§ 1 Scope

(1) The following General Terms and Conditions (GTC) apply to all contracts that GK concludes with its customers if they are an entrepreneur, a legal entity under public law or a special fund under public law (hereinafter "customer" or "client". called “) acts.

(2) GK does not conclude any contracts with consumers within the meaning of Section 13 of the German Civil Code. The customer assures that upon conclusion of the contract with GK, he is acting as an entrepreneur in accordance with Section 14 of the German Civil Code or as a merchant in accordance with the German Commercial Code.

(3) These General Terms and Conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that GK has expressly agreed to their validity. This requirement for consent applies in any case, for example even if GK begins to provide the services without reservation in knowledge of the customer's general terms and conditions.

§ 2 Services of GK / cooperation of the customer

(1) GK provides services for entrepreneurs in the field of online marketing, new customer acquisition and management consulting. Unless expressly agreed otherwise in writing, GK does not owe the provision of a work. In particular, GK can only predict the success of certain advertising measures based on empirical values. The customer is aware that GK is not responsible for success in this regard. If a separate payment has been agreed for achieving a specific success of an advertising measure, this will be paid as a success-related bonus. In principle, however, there is no entitlement to achieving concrete success.

(2) The customer must always provide the cooperation actions incumbent on him completely and on time. If the customer fails to cooperate and thus prevents GK from providing the service, GK's claim to remuneration remains unaffected.

(3) With regard to the consulting services to be provided by GK, GK has the right to determine performance in accordance with Section 315 of the German Civil Code.

§ 3 Conclusion of Contracts

(1) The contract between GK and the customer can be concluded by telephone (video chat, telephone, etc.) or in writing. If the contract is concluded by telephone, the customer is not entitled to receive the contents of the contract again in writing from GK, unless otherwise agreed.

(2) Telephone contracts between GK and the customer come about through corresponding declarations of intent. The customer agrees that GK records the telephone call and/or the respective video chat for evidence and documentation purposes.

§ 4 Payments, Prices, Conditions

(1) The prices stated and communicated by GK, whether by telephone or in writing, are binding. The communicated prices are net plus statutory sales tax.

(2) The payment for the services of GK takes place immediately after the invoice has been issued, in principle by SEPA direct debit mandate. Payment for GK's services is generally due upon conclusion of the contract, unless GK's offer states otherwise. A (SEPA) direct debit authorization granted to us also applies to further business relationships until revoked.

(3) The following applies to telephone contracts with GK:

Subject to an individual agreement, payment for the booked services is only possible in advance using the SEPA direct debit procedure. For this purpose, you are obliged and declare your consent to send us a written and signed SEPA direct debit mandate immediately after the conversation to: jm@alexgrossmann.com (in advance) and then by post to:

Grossman & Koehler Consulting LLC

2880W Oakland Park BLVD - SUITE 225C

33311, Oakland Park, Florida

United States

The following template is to be used by the customer for this purpose:

I authorize Grossmann & Koehler Consulting LLC, 2880W Oakland Park BLVD - SUITE 225C, 33311, Oakland Park, Florida, USA and its agents to collect recurring payments due from my account

IBAN:

to be collected by means of a SEPA core direct debit. At the same time, I instruct my bank to redeem the direct debits drawn on my/our account by Grossmann & Koehler Consulting LLC, 2880W Oakland Park BLVD - SUITE 225C, 33311, Oakland Park, Florida, USA. I can demand reimbursement of the debited amount within eight weeks, starting with the debit date. The conditions agreed with my bank for payments by direct debit in the SEPA core direct debit procedure apply.

First name and last name of the account holder

Street and house number of the account holder

ZIP code and location

Credit institution (name and BIC)

IBAN:

Place and date

Signature of account holder

(4) GK will issue the customer with a proper invoice (if applicable) showing the sales tax n

(4) GK will issue the customer with a proper invoice (if applicable) showing the sales tax after successful direct debit.

(5) In the event that agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to transfer the amount owed to GK within three working days.

(6) Reciprocal offsetting with counterclaims is only permissible if the other contractual partner has recognized the offsetting or if it has been legally established. The same applies to the exercise of a right of retention by a contracting party.

§ 5 Termination, Term

(1) The contract is firmly concluded for the term agreed in the respective main contract. If the main contract does not contain a term, a fixed three-month term is deemed to have been agreed.

(2) Unless otherwise agreed between GK and the customer, the contract period is extended by the duration of the initial period unless one of the contracting parties has terminated the contract at least 4 weeks before the end of the initial period or the extended period (= notice period). Terminations must be in writing to be effective.

(3) The right to extraordinary termination always remains unaffected.

§ 6 Default / Withdrawal

(1) Deadlines for the provision of services by GK do not begin before the invoice amount has been received by GK and the data required for the services are available to GK in full as agreed or the necessary cooperation has been provided in full.

(2) If the customer is in arrears with payments due, GK reserves the right not to carry out further services until the outstanding amount has been settled.

(3) If the customer is in arrears with at least two payments due to GK in the case of installment payments, GK is entitled to terminate the contract extraordinarily and to discontinue the services. GK will claim the entire remuneration that is due by the next ordinary termination date as damages. Saved expenses are to be deducted.

(4) Any free termination rights of the customer are excluded.

§ 7 Fulfillment

(1) GK will carry out the agreed services according to the offer with the necessary care. GK is entitled to use the help of third parties for this purpose.

(2) The customer is aware that GK owes the provision of services and not the production of a work, unless otherwise expressly agreed in writing. At the request of the customer, GK will provide information about the services provided within a reasonable period of time.

(3) If GK is prevented from providing the agreed services and the reasons for the hindrance stem from the customer's sphere, GK's claim for remuneration remains unaffected.

§ 8 Conduct and Consideration

(1) GK and the customer only give ratings (stars, comments) about each other within social media (e.g. Google My Business) with mutual consent. Upon first request from GK, the customer will permanently remove a review submitted via GK. This also applies after termination of the contract between GK and the customer.

(2) If the customer participates in GK communities and groups (e.g. on Facebook), he is obliged to protect the interests of GK there. GK is entitled to temporarily or permanently exclude the customer from participating in communities and groups if the customer injures or impairs the interests of GK within the group/community (e.g. through statements that are harmful to business). In particular, the customer is not entitled to poach other customers from GK.

§ 9 Rights of Use

(1) The customer receives a simple right of use with regard to the content stored in the protected member area of ​​GK exclusively for the duration of the contract period. Passing it on to third parties or duplicating the stored content is strictly prohibited.

(2) The customer does not receive any right of use in relation to advertising texts / advertisements published by GK on their websites or within forums / groups.

(3) Violations of paragraphs 1 and 2 will be prosecuted under civil and criminal law.

§ 10 Liability

(1) GK is only liable for damages - regardless of the legal reason - for intent and gross negligence. In the case of simple negligence, GK is only liable

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.

(2) GK is not liable for data and program losses within the limits specified in paragraph 1. Liability for data loss is limited to the amount of the typical recovery effort that would have occurred if backup copies were made regularly and appropriate to the risk. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.

(3) The customer is aware that third-party providers such as Facebook are entitled to delete / remove individual advertising campaigns from their offers at any time according to their guidelines. GK is not liable for such a procedure.

(4) As part of his duty to cooperate, the customer is obliged to only provide GK with image/video/sound material that is free of third-party rights. In this respect, the customer fully indemnifies GK from any claims by third parties due to the infringement of intellectual property.

§ 11 Data protection and data security

(1) The customer assures that he will comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) when passing on data to GK.

(2) If an order data processing agreement has to be concluded between the customer and GK or the standard contractual clauses of the EU Commission have to be used, the customer will inform GK of this before the start of the services and work towards corresponding agreements.

(3) The customer fully indemnifies GK from liability for violations of the GDPR and the BDSG, unless GK is solely responsible for these violations.

§ 12 Final Provisions

(1) Deviations from these General Terms and Conditions are only effective if they have been agreed in writing. Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these GTC. A written contract or written confirmation from GK is decisive for the content of such agreements.

(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention (CISG).

Terms and Conditions Status: 12.02.2019 ©