Conditions

1. General

For all services (telemarketing, campaigns and other marketing services and the brokering of third-party services) between the customer and Addon Marketing Services GmbH, represented by the managing directors Elvira and Christoph Eberl, Gartenstraße 29 D in 82067 Ebenhausen (hereinafter referred to as the agency) These "General Terms and Conditions" apply exclusively. Conflicting terms and conditions of the customer are only effective if they are expressly recognized in writing by the agency. Agreements that differ from or supplement these "General Terms and Conditions" must be made in writing. Should individual provisions of these "General Terms and Conditions" be ineffective, this does not affect the binding nature of the remaining provisions and the contracts concluded on the basis of them. The ineffective provision is to be replaced by an effective one that comes closest to its purpose.

2. Conclusion of the contract

The basis of the business relationship is the respective offer, in which all agreed services (complete scope of services) as well as remuneration are recorded. The agency's offers are non-binding.

3. Scope of services

3.1. The scope of the contractual services results from the written order confirmation. Ancillary agreements or changes that change the scope of the contractual service must be made in writing. Telemarketing campaigns are carried out in accordance with the written contract agreement. The provisions of the applicable data protection law for the processing of personal data apply. (see point 9)

3.2. The agency will notify the customer immediately of changes or deviations in individual services from the agreed content of the contract, which become necessary after the contract has been concluded. Insofar as the agreed content of the contract is not or only insignificantly affected by the changes, the customer has no right of termination due to these deviations. The agency is entitled, in coordination with the customer, to change parts of the course of the campaign that deviate from the service description.

4. Termination

4.1. The customer is entitled to terminate the contractual relationship with the agency 6 weeks to the end of the quarter.

4.2. The reason for extraordinary termination for both contracting parties remains unaffected. The agency is entitled to this right in particular if the agreed fee is not paid by the customer by the due date.

4.3. Furthermore, if budget services are not paid within the scope of the contractual agreement despite being requested to do so.

5. Payment

5.1. Agency invoices are due immediately after receipt of the invoice without any deductions. In the event of late payment, default interest in the amount of 5 percentage points above the base rate is agreed.

5.2. The customer may only offset undisputed claims or assert a right of retention.

6. Liability

6.1. The agency undertakes to conscientiously prepare and carefully select and monitor the service providers in accordance with the due diligence of a prudent businessman.

6.2. The agency's liability is based exclusively on the written agreements between the parties. All claims not expressly granted here - including claims for damages, for whatever legal reason - are excluded, unless they are based on an intentional or grossly negligent breach of contract by the agency, a legal representative or vicarious agent.

6.3. In addition, the contracting parties agree that a claim for damages against the agency is limited in terms of amount, regardless of the legal basis, to the agreed fee.

7. Warranty and Compensation

7.1. The customer must submit complaints in writing and give reasons immediately [within three working days of the agency's performance]. In the case of justified and timely complaints, the customer has the right to compensation. The contracting parties agree that a claim for damages against the agency is limited in terms of amount, regardless of the legal reason, to the agreed fee.

7.2. Claims for damages by the customer, in particular due to impossibility of performance, positive breach of contract, negligence when concluding the contract, defective or incomplete performance or due to unlawful acts, are excluded both against Symacom and against its vicarious agents, unless they are based on intent or gross negligence on the part of the agency .

8. Applicable Law

German law is to be applied exclusively to the legal relationships between the customer and the agency and to the question of a valid contract as well as its pre- and post-effects.

9. Place of jurisdiction

Munich is agreed as the place of jurisdiction for all direct and indirect disputes between the agency and the customer.

10. Subsidiary agreements / written form

10.1. The contracting parties agree on strict confidentiality of all knowledge arising from business dealings with third parties, even after the termination of the contractual relationship.

10.2. Should one or more of the agreements made in this contract be legally ineffective, this shall not affect the effectiveness of the remaining provisions.

10.3. Claims and other claims from this contract can only be assigned by the customer with the prior written consent of the agency. The customer's attention is drawn to the fact that data will be saved as part of the execution of the contract.