AGB
General Terms and Conditions (AGB) for Flex Marketing Berlin.
1. General Provisions
1.1 These terms and conditions apply to all services, offers, and contracts provided by Flex Marketing Berlin (“Provider”) to clients (“Client”) in their current form unless otherwise agreed upon in writing.
1.2 Any variations to these terms must be explicitly confirmed in writing by the Provider. Any conditions proposed by the Client that differ from these terms are rejected unless expressly agreed upon.
1.3 All offers by the Provider are non-binding unless expressly stated otherwise. A contract is concluded only upon the Provider’s written acceptance or the provision of services.
2. Services and Contractual Scope
2.1 The services covered by these terms include marketing services, campaign management, digital marketing support, consulting, and other services specified in individual agreements.
2.2 Flex Marketing Berlin reserves the right to substitute any personnel, resources, or tools with equivalents to ensure service quality.
3. Payment Terms and Fees
3.1 Fees are determined according to the current rate schedule at the time of agreement. Invoices are due without deduction within 14 days of receipt, unless otherwise specified.
3.2 For projects exceeding a certain duration or complexity, the Provider reserves the right to issue partial invoices.
4. Client Responsibilities
4.1 The Client is responsible for providing accurate information, timely approvals, and necessary materials for effective service delivery.
4.2 Any delays or additional work arising from incomplete, inaccurate, or late information or materials from the Client may result in extra charges.
5. Liability of the Provider
5.1 The Provider is liable for the functionality and completion of services as per the agreed terms but is not responsible for consequential damages, such as financial loss due to delays unless caused by intent or gross negligence.
5.2 Liability for damages arising from loss of data, internet interruptions, or failure of third-party tools is excluded unless otherwise stipulated in a separate agreement.
6. Confidentiality and Data Protection
6.1 Both parties agree to maintain the confidentiality of all proprietary information. Data provided by the Client is handled per applicable data protection regulations and is not shared with third parties without consent.
7. Cancellation and Termination
7.1 The Client may cancel or terminate services by providing written notice. Fees for any completed work up to the cancellation date are due.
7.2 The Provider may terminate the agreement if there is a significant change in the Client’s financial status or if the Client fails to meet payment terms despite reminders.
8. Final Provisions
8.1 This contract is governed by the laws of Germany. The place of jurisdiction is Berlin.
8.2 If any provision of this agreement is found to be invalid, the validity of the remaining provisions shall remain unaffected.
