General Terms and Conditions for Marketing Campaigns

Leadpeak® – a brand of Homepage Lieferanten GmbH, represented by Reemt Windmann and Norma Jeising, Magdalene-Schoch-Straße 5, 97074 Würzburg (hereinafter also referred to as the agency), offers services relating to website creation and online marketing.
Customers can order the creation or takeover of a website or order online marketing measures such as search engine marketing (SEA) or search engine optimization campaigns (SEO). Leadpeak® – a brand of Homepage Lieferanten GmbH then creates the ordered services and takes over the maintenance as part of the agreed maintenance service.
The following General Terms and Conditions (GTC) apply to the contractual relationship between Leadpeak® – a brand of Homepage Lieferanten GmbH and the customer as a framework agreement for marketing campaigns.
All terms used apply to both female and male customers, regardless of the language form.

§ 1 Scope of application

The following General Terms and Conditions (hereinafter “GTC”) apply exclusively in the version valid at the time of confirmation by the customer. Deviating terms and conditions of the user shall not be recognized unless Leadpeak® – a brand of Homepage Lieferanten GmbH expressly agrees to their validity. A lack of objection to third-party terms and conditions does not constitute consent.

§ 2 Subject matter of the GTC

The customer assigns Leadpeak® – a brand of Homepage Lieferanten GmbH the mandate to manage and develop one or more online marketing channels. For the duration of the assignment, Leadpeak® – a brand of Homepage Lieferanten GmbH is solely responsible for these channels. The framework agreement sets out the basic rights and obligations. The exact services to be performed within the scope of the mandate are listed separately in the respective offer. Should the GTC and the offer contradict each other, the offer shall prevail. Offers that refer to these GTC as a framework agreement always list the unique customer reference number.

§ 3 Performance obligations of the agency

After accepting the order, the agency undertakes to take over the corresponding marketing channel.
The agency is obliged to submit a new offer in the event of mandate extensions and to withdraw obsolete offers in writing.
The agency is obliged to handle advertising budgets for third parties, such as, but not limited to: Google, Facebook, LinkedIn, on a fiduciary basis.
The agency is obliged to reimburse unused advertising budgets for third parties after the end of the mandate.
The agency is obliged to act to the best of its knowledge in the interests of the client and to pursue the client’s objectives as if they were its own.

§ 4 Usage agreements and copyright

1. The customer receives all exploitation rights to its advertising campaign and all contributions created on behalf of the customer.
2. The transfer of exploitation rights may be restricted if the client has not paid his mandate fees in full.
3. Leadpeak® – a brand of Homepage Lieferanten GmbH may use the content of the customer’s advertising campaign for self-marketing purposes without having to consult the customer.

§ 5 Obligations of the customer

When ordering, the customer selects services from the agency’s service catalog. The selected services are confirmed with a digital signature under the offer with the customer reference number.
The customer is responsible for the content of its campaigns. He must ensure that the data he presents in the marketing campaigns or which can be accessed via the campaigns does not infringe the rights of third parties.
The client must respond to the agency’s written inquiries within 14 days. If there is no response, the agency may also charge outstanding mandate fees if the service could not be provided due to a lack of information.

§ 6 Prices and payment

The prices are stated in the respective signed offers.
Even without a reminder, the customer shall be in default if he does not pay the amount due within fourteen calendar days of receipt of the invoice. The decisive factor is that the amount is received in the account of the agency specified in the invoice within this period.
All fees are due monthly in advance. Separate agreements with the customer shall take precedence.
The customer may only offset our claims against uncontested or legally established claims.

§ 7 Defects

The agency shall be liable for defects with regard to the functionality of the website in accordance with the statutory provisions of sales contract law (§ 434 et seq. BGB).
The customer must inspect the advertising material immediately after making it available on the Internet in the ordinary course of business and notify the agency immediately of any defects. If the customer fails to do so, the advertising material shall be deemed to have been approved, unless the defect was not recognizable during the inspection.
An unsuccessful campaign does not constitute a defect.

§ 8 Liability

The Agency shall only be liable for damages if the Agency or one of its vicarious agents has breached an essential contractual obligation (cardinal obligation) in a manner that jeopardizes the purpose of the contract or if the damage is attributable to gross negligence or intent on the part of the Agency or one of its vicarious agents.
The client itself is responsible for compliance with all legal provisions applicable to the operation of its campaign and other products of the agency. To enable the client to fulfill this responsibility, the agency shall provide the client with the latest version of all advertising materials.
The customer expressly indemnifies the agency against copyright claims and claims for damages resulting from the violation of competition law regulations.
If a campaign is not successful, the agency is not liable for lost sales.

§ 9 Contract term and end

These GTC shall only apply upon the signing of the contract by both parties under the first offer with customer reference number or upon the first act of fulfillment and payment of the first mandate fee.
Unless otherwise agreed, the respective assumed mandates are concluded for an indefinite period with a minimum term of 12 months. A contractual relationship running for an indefinite period can be terminated by either party without giving reasons after the expiry of the minimum term with 3 months’ notice.
The right of both parties to terminate without notice for good cause shall remain unaffected. Good cause shall be deemed to exist for the agency in particular if the customer,
1. is three months in arrears with a payment.
2. or culpably violates the contractual conditions or the contractual guidelines.
Notice of termination can be given by letter or e-mail. To ensure the authenticity of the declaration, notices of termination must be sent by e-mail using the e-mail address provided by the customer as the contact.
These GTC shall remain part of the contractual relationship as a framework agreement for as long as an active mandate is managed by the agency.
The same notice periods apply to the termination of individual mandates or services within a mandate as to the contract as a whole.

§ 10 Final provisions

Terms and conditions of the customer that deviate from this contract shall not become part of the contract, even if the agency does not expressly object to them.
Neither party will refer to agreements that are not set out in writing or by e-mail communication.
Würzburg is agreed as the place of jurisdiction for all disputes arising from this contractual relationship.