1. Scope

The following general terms and conditions apply to all legal transactions between UnitedAds GmbH – hereinafter referred to as service provider – with its contractual partner – hereinafter referred to as client.

Insofar as individual contractual regulations exist that deviate from or contradict the provisions of these GTC, the individual contractual regulations take precedence.

2. Subject matter of the contract

2.1 The contracting parties agree to work together in accordance with the specific, individual contractual agreement. An employment contract is not wanted by the parties and is not justified.

2.2 The service provider takes care of the social security contributions or tax issues and releases the client from any obligations.

2.3 The service provider is free to work for other clients.

3. Conclusion of the contract

3.1 The contractual relationship for the services comes about when the client places a customer order (offer) and the service provider accepts it. The client is bound to the placing of the customer order (offer) for two weeks.

3.2 The subject matter of the contract or the precise description of the task is described in the written order.

4. Contract duration and termination

4.1 The contract begins and ends at the individually agreed time.

4.2 The contract can be properly terminated. A period of 2 weeks to the end of the month is agreed in this regard.

4.3 Termination without notice for an important reason is possible. An important reason exists, for example, if the client is in arrears with two due, successive payments and after a reasonable grace period has expired, the client falls into financial decline after the conclusion of the contract (insolvency, insolvency), unless it has already been filed an application to open insolvency proceedings.

5. Scope of services, obligations of the contractual partners

5.1 The services to be provided by the service provider generally include the tasks listed in detail, according to the order placed by the client.

5.2 UnitedAds’ service activities (including advice, consulting, support, etc.) consist – unless otherwise agreed in individual cases – in providing independent advice and / or support for the client as a service.

5.3 A concrete success is neither owed nor guaranteed. The client decides in sole responsibility about the time, type and scope of the measures recommended by UnitedAds or coordinated with UnitedAds. This applies even if UnitedAds accompanies the implementation of coordinated plans or measures by the client.

5.4 The specific content and scope of the service activity to be provided by UnitedAds is based on the order placed in writing. If the need for additional or supplementary activities arises, UnitedAds will make the client aware of this. In this case, an order extension is also carried out by the client requesting or accepting the additional or supplementary activity.

5.5 The service provider will periodically inform the client of the result of its work. In the contract, the contractual partners can agree on a schedule for the provision of services and a planned end date for the termination of services.

5.6 The service provider assumes that the information provided by the client or the documents made available as well as the transmitted figures are complete and correct in their work. The service provider is not obliged to check the correctness, completeness or correctness or to carry out its own research. This also applies if, within the scope of the order placed by UnitedAds, plausibility checks or valuations are to be carried out, which relate solely to the information, details or documents provided by the client and do not have their review as their content.

5.7 The passing on or presentation of written elaborations or results of UnitedAds to third parties requires the prior consent and takes place solely in the interest and on behalf of the client. The third party is not included in the scope of protection of the order between the client and the service provider.

5.8 If the service provider is actually unable to perform an order as contractually owed, he must inform the client immediately.

5.9 The service provider provides the equipment and personnel required to provide the service, unless the client has the appropriate equipment or premises, unless otherwise agreed in an individual contract.

5.10 The parties endeavor to the best of their knowledge and belief to support the contractual partner in fulfilling the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties.

5.11 Each of the contractual partners can request changes to the agreed scope of services to the other contractual partner in writing. After receiving a request for change, the recipient will check whether and under what conditions the change can be carried out and inform the applicant of the approval or rejection immediately in writing and, if necessary, give reasons. If a change request from the client requires an extensive review, the service provider can charge the cost of the review with prior notice, provided the client nevertheless insists on the review of the change request.

If necessary, the contractual adjustments of the agreed conditions and services required for a review and / or a change are set out in writing in an amendment agreement and come about in accordance with these general terms and conditions.

6. Prices and terms of payment

6.1 Services are due and invoiced monthly at the price listed in the individual contract after termination or if the remuneration is agreed on a time basis, unless another billing is agreed in the contract.

6.2 Estimated prices given for services on a time basis, especially in cost estimates, are non-binding. The quantities on which an estimate is based are based on an assessment of the scope of services carried out to the best of our knowledge.

6.3 The sales tax will be invoiced at the sales tax rate applicable at the time of the service.

6.4 Invoices are payable on receipt without deduction. If the invoice amount has not been received within 30 days of the invoice date, the service provider is entitled to claim default interest. The default interest is 2% pa above the base rate applicable at the time of calculation.

7. Liability

7.1 The service provider is liable in cases of willful intent or gross negligence in accordance with the statutory provisions. The liability for guarantees is independent of fault. The service provider is only liable for slight negligence in accordance with the provisions of the Product Liability Act, for injury to life, limb or health, or for breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability is due to injury to life, body or health. The service provider is liable to the same extent for the fault of vicarious agents and representatives.

7.2 The regulation of the preceding paragraph (7.1) extends to compensation for damages in addition to the service, the compensation for damages instead of the service and the claim for compensation for futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility

8. Place of jurisdiction

German law applies exclusively to the business relationship between the parties.

The place of performance for all deliveries and (services) is the registered office of our company. The exclusive place of jurisdiction for all disputes arising from the order (including those in the dunning procedure) is Starnberg (Bavaria). Our right to take legal action at the customer’s place of jurisdiction remains unaffected.