General Terms and Conditions
§ 1 Scope of Application
These General Terms and Conditions (GTC) apply to all contracts concluded between SEOFUXX, Europaplatz 2, 10557 Berlin (hereinafter "Provider") and its customers (hereinafter "Customer") for the provision of services in the field of search engine optimization (SEO), content marketing, digital marketing and related services.
Contradictory or deviating terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing. These GTC also apply when the Provider performs the service without reservation with knowledge of contradictory or deviating terms and conditions of the Customer.
§ 2 Service Description
The Provider provides services in the field of search engine optimization and digital marketing, including but not limited to:
- On-page optimization and technical SEO analysis
- Off-page optimization and link building
- Content marketing and content creation
- Local SEO and Google My Business optimization
- SEO consulting and strategic planning
- Performance monitoring and reporting
- Conversion rate optimization (CRO)
- Social media marketing integration
The exact scope of services, timelines and deliverables are detailed in the respective contract or service specification. The Provider reserves the right to engage qualified subcontractors to provide the services.
§ 3 Contract Formation
A contract is concluded when the Customer accepts an offer from the Provider in writing, in text form (e.g. via email) or via digital platforms, or when the Provider transmits a written or digital order confirmation.
Offers from the Provider are subject to change and non-binding unless expressly designated as binding. The Provider may refuse acceptance of orders within 14 days of their receipt.
§ 4 Prices and Payment Terms
All prices are net plus statutory value-added tax at the time of service provision. Prices apply only to the agreed scope of services. Additional services will be charged separately.
Unless otherwise agreed, payments are due within 14 days of invoicing without deduction. For recurring services, advance payments may be agreed. In case of payment delay, the Provider reserves the right to charge default interest of 9 percentage points above the respective base interest rate.
In case of payment delay of more than 30 days, the Provider is entitled to suspend the provision of services until outstanding amounts are settled.
§ 5 Customer's Obligations to Cooperate
The Customer undertakes to provide all information, access (such as CMS access, analytics access, Search Console) and materials necessary for the performance of the agreed services in a timely and complete manner.
The Customer ensures that they have all necessary rights to the materials and content provided. Delays attributable to lack of or incomplete cooperation by the Customer are not at the expense of the Provider and may result in additional costs.
The Customer is obligated to immediately notify the Provider of changes to their website, business processes or other relevant circumstances that could affect SEO performance.
§ 6 Service Performance and Success
The Provider owes the professional provision of the agreed services according to the current state of technology. A specific success (such as ranking positions or traffic increases) is not owed unless expressly agreed in writing.
SEO results depend on various factors, including algorithm changes by search engines, competition and technical conditions of the website. The Provider cannot guarantee specific rankings or traffic developments.
§ 7 Liability and Warranty
The Provider is liable without limitation for damages from injury to life, body or health based on intentional or negligent breach of duty, as well as for other damages based on intentional or grossly negligent breach of duty.
For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). Liability in these cases is limited to the contractually typical, foreseeable damage and amounts to a maximum of the compensation for the affected service.
Liability for indirect damages, lost profits or consequential damages is excluded to the extent legally permissible.
§ 8 Contract Duration and Termination
Unless otherwise agreed, the contract is concluded for an indefinite period and may be terminated by either party with four weeks' notice to the end of the month. For contracts with a minimum term, termination is only possible after expiration of the minimum term.
The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in case of significant breach of cooperation obligations, payment delay of more than 60 days or insolvency of a contracting party.
Terminations must be in writing or with a qualified electronic signature.
§ 9 Confidentiality and Data Protection
Both parties undertake to maintain confidentiality of all confidential information that becomes known to them in the course of the business relationship. This obligation continues even after termination of the contractual relationship.
The Provider undertakes to comply with data protection regulations according to the General Data Protection Regulation (GDPR) and other applicable data protection laws. Details on data processing can be found in the privacy policy on the Provider's website.
Insofar as personal data is processed, the parties will conclude a separate data processing agreement if necessary.
§ 10 Copyright and Usage Rights
All content, analyses, strategies and other work results created by the Provider remain protected by copyright. The Customer receives a simple, non-transferable right of use for the agreed purposes.
The Customer grants the Provider the necessary usage rights to the materials provided for the duration of the contractual relationship.
§ 11 Severability Clause
Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions remains unaffected.
The invalid or unenforceable provision shall be replaced by a valid and enforceable regulation whose effects come closest to the economic objective.
§ 12 Applicable Law and Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is Berlin, provided the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
For consumers within the meaning of § 13 BGB, the statutory place of jurisdiction applies.
§ 13 Alternative Dispute Resolution
The Provider is not obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board. Information on competent consumer arbitration boards can be found at: https://www.bfdi.bund.de
Status: January 15, 2025
