General Terms and Conditions (GTC) of jaegermediagroup.de,
Im Winkel 14, 58285 Gevelsberg
As of: April 2025
1. General – Scope
1.1. The following General Terms and Conditions (GTC) apply to all business relationships between jaegermediagroup.de, Im Winkel 14, 58285 Gevelsberg (hereinafter referred to as “Agency”) and its customers (hereinafter referred to as “Customer”), regardless of the type of contract in question (e.g. work contract, service contract, rental contract).
1.2. These terms and conditions apply exclusively. Differing, conflicting or supplementary terms and conditions of the customer do not become part of the contract - even if they are known - unless their validity is expressly agreed to in writing.
1.3. The agency provides services in the areas of:
• Web design and web development
• Creation and operation of online shops (eCommerce solutions)
• Search engine optimization (SEO)
• Technical and content support for existing websites (e.g. maintenance, updates, security checks)
• Online marketing strategy consulting
2. Conclusion of contract and subject matter of the contract
2.1. Offers from the agency are subject to change and non-binding unless they are expressly designated as binding.
2.2. A contract is concluded through:
• written confirmation of the offer by the customer,
• express order confirmation from the agency,
• or by the agency starting work after clear agreement.
2.3. The specific scope of services results from the respective individual contract, offer or project description.
2.4. Verbal additional agreements or changes to the scope of services must be confirmed in writing by the agency to be effective.
3. Scope of services, obligations to cooperate, project course
3.1. The agency provides its services based on the information and specifications provided by the customer. The customer undertakes to provide all content, data, access information and documents required to carry out the project in a timely manner.
3.2. Requests for changes after the start of the project can lead to additional costs and extend the agreed project duration. The agency is entitled to charge for such changes separately.
3.3. The customer undertakes to examine and release interim results within reasonable periods of time. If there is no response within 10 working days, approval is deemed to have been granted.
3.4. If the customer does not fulfill his obligations to cooperate, the agreed service deadlines will be extended accordingly. The agency reserves the right to demand appropriate additional compensation for the additional effort caused by delays.
4. Web development and eCommerce services
4.1. When creating websites or eCommerce shops, implementation takes place in accordance with the requirements defined in the offer or specifications.
4.2. The agency does not guarantee any specific sales, ranking placements or economic success from the operation of the website/shop.
4.3. If the agency provides hosting, domain or email services, it only acts as a technical contact. Contractual partners with regard to hosting remain third-party providers (e.g. IONOS, All-Inkl, etc.), whose terms and conditions apply additionally.
5. Search engine optimization (SEO) services
5.1. The agency offers on-page and off-page optimization, technical analysis, keyword research and ongoing SEO support.
5.2. The agency does not owe any specific ranking success. In particular, there is no guarantee of placement on Google or other search engines.
5.3. The customer undertakes not to make any changes to optimized content without first consulting the agency. Unauthorized changes can impair the effectiveness of the measures and exclude any warranty.
6. Website support and maintenance
6.1. Maintenance contracts include regularly agreed services such as system updates, security checks, backups, bug fixes and minor content updates.
6.2. Changes outside the agreed scope of maintenance (e.g. new pages, design changes, shop functions) must be paid for separately.
6.3. The agency is not liable for damages resulting from software updates if such updates were necessary to maintain security or were caused by third parties (e.g. plugin providers).
7. Compensation and payment conditions
7.1. The remuneration depends on the individually agreed offer. All prices are in euros plus statutory sales tax.
7.2. Services are generally billed as follows:
• 50% deposit when placing the order,
• 50% upon completion of the project before going live,
unless other agreements have been made.
7.3. Recurring services (e.g. maintenance, SEO) are billed monthly in advance.
7.4. Invoices are due for payment within 14 days without deductions. In the event of late payment, the agency is entitled to charge reminder fees and default interest at the statutory rate.
7.5. A right of retention or offsetting by the customer is only permitted if counterclaims have been legally established or are undisputed.
8. Rights of use and copyright
8.1. All content created by the agency (text, graphics, designs, source code, etc.) is subject to copyright.
8.2. After full payment of the agreed remuneration, the customer receives a simple, non-transferable right of use to the services created for use to the agreed extent (e.g. on a specific domain).
8.3. Any distribution, modification or commercial reuse beyond the agreed scope is not permitted without the express written consent of the agency.
8.4. The agency is entitled to place a copyright notice (“Created by jaegermediagroup.de”) including a link on created websites, unless the customer expressly objects to this.
9. Acceptance and warranty
9.1. After completion of the agreed services, the handover for acceptance takes place. The customer undertakes to check and declare acceptance within 10 working days.
9.2. If acceptance fails to take place despite expiry of this period without any indication of significant defects, acceptance is deemed to have taken place.
9.3. In the event of legitimate defects, the agency initially has the right to make improvements. If the repair fails, the customer can demand a reduction or withdrawal.
9.4. The warranty obligation is 12 months from acceptance, unless a longer period is mandatory by law.
10. Liability
10.1. The agency is fully liable for intent and gross negligence as well as for injury to life, body or health.
10.2. In the case of slight negligence, the agency is only liable for breach of essential contractual obligations (cardinal obligations), but limited to the foreseeable damage that is typical for the contract.
10.3. Liability for indirect damages, in particular lost profits or loss of data, is excluded unless there is a breach of duty in accordance with 10.1.
10.4. The Agency assumes no liability for any content, data or materials provided by the Client.
11. Data Protection
11.1. The agency is committed to complying with applicable data protection regulations, in particular the GDPR.
11.2. The customer's personal data will only be processed to fulfill the contract or on the basis of legal permission.
11.3. Further details on the processing of personal data can be found in the Privacy Policy regulated by the agency.
12. Contract term and termination
12.1. Contracts for recurring services (e.g. SEO support, website maintenance) are concluded for the minimum term agreed in the offer.
12.2. The notice period is 4 weeks to the end of the respective contract term. If the contract is not terminated on time, it will automatically be extended for a further 12 months.
12.3. The right to termination without notice for good cause remains unaffected.
13. Final provisions
13.1. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2. The place of jurisdiction for all disputes arising from this contract is Gevelsberg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
13.3. Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective, the effectiveness of the remaining provisions remains unaffected. The parties undertake to replace the ineffective regulation with an effective one that comes closest to the economic purpose.
General Terms and Conditions (GTC) of jaegermediagroup.de
1. Scope
These General Terms and Conditions (GTC) apply to all contractual relationships between jaegermediagroup.de | Die-Bekleber.com GmbH (hereinafter “service provider”) and its customers (hereinafter “customer”), in particular for the provision of services in the area of digital projects such as websites, e-commerce solutions (shop solutions), as well as the connection and integration of external software, e.g. broker software. Conflicting or deviating terms and conditions of the customer will not be recognized unless the service provider expressly agrees to their validity in writing.
2. Conclusion of contract and binding offer
2.1 The contract is concluded through the customer's written acceptance of an individual offer from the service provider. The service provider is entitled to revoke or change his offer at any time until acceptance.
2.2 Offers from the service provider are subject to change and non-binding unless a binding period is expressly stated. We reserve the right to make technical changes and other adjustments that serve to improve or update the service.
3. Scope of services and changes
3.1 The scope of services results from the individually created offer and the written agreements. The service provider reserves the right to provide partial services if this is reasonable for the customer.
3.2 The service provider is entitled to make changes to services if these are necessary to meet legal requirements, technical developments or other circumstances and if the changes are reasonable for the customer.
3.3 If the customer requests subsequent changes or extensions to the scope of services, this requires the written consent of the service provider. The service provider is entitled to demand additional compensation for such changes or extensions.
4. Customer’s obligation to cooperate
4.1 The customer is obliged to provide all necessary information, materials, data, content and access data in a timely and complete manner that is necessary to provide the agreed services. If the customer does not comply with this obligation to cooperate, the agreed service deadlines will be extended accordingly.
4.2 If the implementation of the services is delayed due to circumstances for which the customer is responsible, the service provider is entitled to additionally invoice the resulting additional effort.
4.3 The customer is responsible for checking the content provided by him for legal admissibility. The service provider is not liable for legal violations caused by the content provided by the customer.
5. Compensation and payment conditions
5.1 The remuneration is based on the prices specified in the offer. All prices are exclusive of VAT.
5.2 The service provider is entitled to demand advance payments for partial services provided. Unless otherwise agreed, invoices are payable without deductions within 14 days of the invoice date.
5.3 If the customer defaults on payment, the service provider is entitled to charge default interest of 9 percentage points above the base interest rate. Further claims of the service provider, in particular the right to withdraw from the contract or demand compensation, remain unaffected.
6. Acceptance and notification of defects
6.1 After completion of the contractually agreed services, the customer will be asked to accept them. The customer must inspect the services within 10 working days and declare acceptance in writing or report any defects. If there is no acceptance or notification of defects within this period, the service is deemed to have been accepted.
6.2 If complaints about defects are justified, the service provider is obliged to remedy the defects within a reasonable period of time. Further claims, in particular for damages, only exist in the event of intent or gross negligence on the part of the service provider.
6.3 The service provider is entitled to refrain from correcting the defect if the customer has made changes or interventions in the service provided that caused the defect.
7. Liability and Limitation of Liability
7.1 The service provider is fully liable for damage that is due to intentional or grossly negligent behavior, as well as for damage resulting from injury to life, body or health.
7.2 The service provider is only liable for minor negligence if essential contractual obligations are breached (cardinal obligations). In these cases, liability is limited to the damage that is typically foreseeable under the contract.
7.3 Liability for indirect damages, in particular lost profits, business interruptions or loss of data, is excluded unless these are due to intentional or grossly negligent behavior on the part of the service provider.
7.4 The service provider is not liable for damage caused by improper use of the services provided or by external intervention in the customer's system.
8. Copyrights and rights of use
8.1 All copyrights and other property rights to the services provided, in particular to websites created, software solutions, graphics and texts, remain with the service provider, unless expressly agreed otherwise.
8.2 The customer receives a simple, non-transferable right of use to the created works, which is limited to the contractually agreed purpose. Further rights of use, in particular the right to edit or resell, require a separate written agreement.
8.3 The service provider is entitled to use created works, in particular websites and graphics, for demonstration and reference purposes unless the customer expressly objects to this.
9. Confidentiality and data protection
9.1 The service provider undertakes to treat all information and data received as part of the collaboration confidentially and to use it only to fulfill the contract. This obligation also applies after termination of the contractual relationship.
9.2 The customer agrees that personal data will be stored and processed as part of the execution of the contract, to the extent that this is necessary to fulfill the contract. The data will only be passed on to third parties if this is necessary to fulfill the contract or if the customer expressly agrees.
10. Contract term and termination
10.1 Contracts for servers, domains, e-mail and maintenance are concluded upon receipt of the contract confirmation, or at the latest with the first act of fulfillment. Unless otherwise agreed, all contracts are concluded with a minimum contract term of 12 months.
If a minimum contract term has been agreed with the customer, the contract will be extended indefinitely after the minimum contract term has expired unless it is terminated with one month's notice to the end of the minimum contract term. The automatically extended or indefinite contractual relationship can be terminated by either party at any time without giving reasons with one month's notice. The contract term depends on the individual agreements in the offer. The contractual relationship can be terminated by either party with 30 days' notice to the end of the month, unless expressly agreed otherwise.
10.2 The right of both parties to terminate without notice for good cause remains unaffected. An important reason exists for the jaegermediagroup in particular if the customer
– is in arrears with an amount equal to at least one monthly basic fee.
– culpably violates the award conditions or the award guidelines.
11. Final provisions
11.1 Changes and additions to the contract must be made in writing. This also applies to the cancellation of this written form requirement.
11.2 If individual provisions of these General Terms and Conditions are or become ineffective, the effectiveness of the remaining provisions remains unaffected. The invalid provision must be replaced by a regulation that comes as close as possible to the economic purpose of the invalid provision.
11.3 The law of the Federal Republic of Germany applies exclusively. The place of jurisdiction is the registered office of the service provider if the customer is a merchant, a legal entity under public law or a special fund under public law.
jaegermediagroup.de | Die-Bekleber.com GmbH
Date: January 21, 2023
