Terms and Conditions
1. Scope and Definitions
1.1. These terms and conditions apply exclusively to the business relationship between Edgar Fluijt / Marketlife, Bergmannstrasse 57, 10961, Berlin (hereinafter referred to as the “PROVIDER”), and the recipient of the services (hereinafter referred to as the “CLIENT”; collectively, the “PARTIES”), particularly with respect to contracts concerning services like online marketing, digital campaigns, and general consulting (hereinafter referred to as the “SERVICES”).
1.2. The PROVIDER’s services are intended solely for business clients, as defined under relevant business regulations. By entering into the contract, the CLIENT confirms that they are engaging the services solely for business purposes.
1.3. Any opposing, differing, or supplementary terms from the CLIENT are not part of the contract, unless explicitly agreed by the PROVIDER. These terms also apply if the PROVIDER provides services without explicitly objecting to differing conditions.
1.4. The version of these terms valid at the time the services are used shall apply.
2. Services
2.1. The PROVIDER specializes in generating leads and inquiries through digital marketing strategies and campaigns.
2.2. The exact scope of the SERVICES will be agreed upon by the PARTIES. If online advertising is to be executed on behalf of the CLIENT, the CLIENT authorizes the PROVIDER accordingly.
2.3. The CLIENT determines the advertising budget, which is in addition to the PROVIDER’s service fees. The CLIENT is responsible for all advertising costs, and payment is made directly between the CLIENT and the platform unless otherwise agreed.
2.4. The PROVIDER does not guarantee specific outcomes, such as a certain number of leads or sales.
2.5. Platforms used for advertising (e.g., social media or search engines) may suspend or block campaigns without explanation. The PROVIDER has no control over such actions and retains the right to payment regardless.
2.6. The PROVIDER may use third parties or subcontractors to fulfill parts of the services.
3. Contract Formation
3.1. The PROVIDER’s presentations on the website, in social networks, or in advertisements do not constitute a binding offer. These materials invite the CLIENT to submit an offer.
3.2. Contracts may be concluded verbally (e.g., via video or phone call), in text form (e.g., email), or in writing.
3.3. If contracts are concluded verbally, the CLIENT consents to the PROVIDER recording the conversation for documentation purposes.
3.4. The CLIENT agrees not to share login credentials, materials, or links provided under the contract with third parties. Any violation may result in claims for damages.
4. Payment
4.1. Payment for services is as stated in the offer or according to the current price list if no specific agreement is made. Payments are due immediately upon receipt of an invoice, and full prepayment is required unless otherwise agreed.
4.2. Any set-up fees are generally one-time charges, and will not apply again for contract renewals.
4.3. If the CLIENT requests a temporary suspension of services or if a suspension is otherwise required for reasons not due to the PROVIDER’s fault, payment obligations remain unchanged.
5. Default
5.1. Service timelines only commence once payment is received and all required cooperation from the CLIENT is complete.
5.2. If the CLIENT is late with payments, the PROVIDER reserves the right to halt further services until all overdue payments are settled.
5.3. The PROVIDER may terminate the contract for cause if the CLIENT is in default with two or more installments. In this case, the PROVIDER may claim damages for the full remaining contractual value.
5.4. If the CLIENT does not complete onboarding requirements within 90 days, the CLIENT loses the right to receive services.
6. Obligations of the PARTIES
6.1. The PROVIDER will deliver the agreed services starting from the agreed contract date or start date.
6.2. The CLIENT must provide all necessary information for service delivery. If the PROVIDER is unable to perform due to CLIENT issues, the PROVIDER retains the right to payment.
6.3. The CLIENT is responsible for all content provided, ensuring it does not infringe third-party rights or violate laws. The PROVIDER is not obligated to review content for compliance.
6.4. The PROVIDER may deliver services digitally (e.g., via video conferencing) unless physical presence is explicitly required.
6.5. The CLIENT is responsible for maintaining the technical conditions needed to fully utilize the services.
7. Contract Duration
7.1. The contract runs for the agreed term and cannot be terminated early, except for cause.
7.2. The right to terminate the contract for cause remains unaffected.
8. Liability
8.1. The PROVIDER’s liability is limited as follows:
8.2. The PROVIDER is fully liable for damages due to willful misconduct or gross negligence, and for injury to life, body, or health.
8.3. For other damages caused by minor negligence, the PROVIDER is liable only for foreseeable damages typical of such contracts.
9. Data Protection and Confidentiality
9.1. The PROVIDER processes CLIENT data only for purposes related to fulfilling the contract and maintains confidentiality regarding all data.
9.2. Both PARTIES are obligated to treat any non-public information as confidential, even after the end of the contract.
10. Copyright
10.1. All materials provided are subject to copyright protection.
10.2. The CLIENT grants the PROVIDER the right to use CLIENT branding for service delivery unless agreed otherwise.
10.3. Unauthorized use or redistribution of provided content is prohibited, especially for use by competing agencies.
11. Acceptance
11.1. If the SERVICES require acceptance by the CLIENT, such acceptance will be deemed given if the CLIENT does not respond within 7 business days after a request for acceptance.
12. General Provisions
12.1. The exclusive jurisdiction for disputes arising from these terms is the location of the PROVIDER’s registered office.
12.2. These terms are governed by the laws applicable at the PROVIDER’s registered location.
12.3. Changes to these terms are permitted and will be communicated to the CLIENT. If the CLIENT does not object within two weeks, the new terms are deemed accepted.