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Terms and Conditions

for the Website www.Heroes-Agency.com

§ 1. Scope

These Terms and Conditions (hereinafter referred to as “terms and conditions”) govern the contractual relationship between the company Heroes Agency, Gustav-Merynk-Str 13A, 82319 Starnberg (hereinafter referred to as “Heroes”) and its clients. The current version of these terms and conditions shall be binding. Deviating conditions of clients that Heroes has not accepted in writing shall not become part of the contract, even if they are not expressly contradicted in individual cases.

§ 2. Object of the Contract

Heroes provides services to clients in the areas of coaching, consulting, and implementation of solutions in the field of (online) marketing, digital products, and webinars. The exact description of services is provided in the individual offer, which becomes part of the contract.

§ 3. Conclusion of Contract

(1) A contract between the parties may be concluded orally or by telephone. The client will then receive confirmation of the contract content by email or in writing.

(2) A contract may be concluded by email or in writing. In this case, the client will receive an offer by email or in writing, which can be accepted by the client within one week by declaration in writing, text form, orally, or by implied conduct. The receipt of the acceptance declaration by Heroes is decisive.

§ 4. Consulting

Where consulting is agreed upon, Heroes is not obligated to achieve success beyond the key points mentioned in the offer, especially not the achievement of specific metrics.

§ 5. Design of Websites, Ads, Social Media Profiles, and Other Online Sales Channels

(1) If the creation or optimization of ads or landing pages or the setup of online sales channels is agreed upon, Heroes will send the client the draft or access data upon completion. The work is deemed accepted if the client does not refuse acceptance in writing or by email within one week, stating at least one defect.

(2) Heroes grants the client the exclusive and unlimited right of use to the advertising materials created by Heroes from the time of creation.

§ 6. Term

(1) Unless otherwise agreed, the contract is concluded for a specific term. During the term, ordinary termination is excluded.

(2) The contract is extended by one additional month each time if it is not terminated in writing or by email by either party at least four weeks before its expiry.

(3) The right to terminate for cause remains unaffected.

§ 7. Prices and Payment

(1) The agreed price for Heroes’ services is specified in the offer. Unless otherwise stated, prices are net prices plus VAT.

(2) If a price is agreed for a monthly term, it is to be paid in monthly installments in advance. If the contract is extended according to § 4 (2), the monthly installments remain unchanged.

(3) The client will receive an invoice in digital form for the monthly installment. Invoice amounts are due immediately and payable.

(4) If a success fee is agreed upon, Heroes will create a monthly statement in digital form. Amounts are due immediately and payable.

(5) If Heroes does not have access to the information necessary for billing the success fee, the client shall provide this information without additional request. Unless otherwise agreed, this information shall be provided for the first time one month after the start of the contract and thereafter on a monthly basis.

§ 8. Cooperation, Provided Materials

(1) The client is obliged to cooperate to the extent necessary for Heroes to perform its services, for example by providing information, photos, and content. If Heroes is prevented from providing the service because the client does not or does not timely transmit required data, Heroes’ claim to remuneration remains unaffected.

(2) The client assures that all materials provided (especially texts, photos, trademarks) are free of third-party rights. The client shall indemnify Heroes against any claims by third parties arising from the use of these materials. This includes the costs of defending against such claims.

§ 9. Liability

(1) Heroes is liable in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In all other cases, Heroes’ liability is limited to the foreseeable and typical damages, provided that the following provisions under (3) do not deviate. Heroes’ liability is excluded in all other cases, subject to the provision in (3).

(3) Heroes’ liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.

(4) The same applies to vicarious agents and representatives.

§ 10. Storage of Personal Data and Intellectual Property

(1) Personal data, such as access data, profit/loss statements, and KPI analyses, are stored for internal purposes in the course of work.

(2) Closed (video) conversations between Heroes and the client may be recorded and uploaded “non-publicly” to video platforms on the internet. The client consents to the recording of (video) conversations. The client may request in writing to prohibit the recording and uploading of future (video) conversations.

§ 11. Miscellaneous

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the client acts as a consumer and at the time of use has his habitual residence in another country, the application of mandatory laws of this country remains unaffected by this choice of law.

(2) If the client acts as a merchant, the exclusive place of jurisdiction is Heroes’ place of business. The same applies if the client acts as an entrepreneur. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

(3) If individual provisions of these terms and conditions are or become invalid, the remaining provisions of the contract remain effective. The same applies in the event of a regulatory gap.

(4) The place of performance for all services under this contract is agreed to be the company’s registered office.

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