AGB

AGB

General Terms and Conditions (GTC) – AC Digital Creator

1. General Provisions

§ 1 Scope of Application
(1) All deliveries, services, and offers by AC Digital Creator are made exclusively on the basis of these General Terms and Conditions. They form an integral part of all contracts concluded by AC Digital Creator with its contractual partners (hereinafter referred to as "Client") regarding the deliveries or services offered. They shall also apply to all future deliveries, services, or offers to the Client, even if not explicitly agreed again.

(2) Terms and conditions of the Client or third parties shall not apply, even if AC Digital Creator does not explicitly object to their validity in individual cases. Reference by AC Digital Creator to correspondence containing or referring to the Client's or third parties' terms and conditions shall not constitute consent to their applicability.

(3) The services and offers of AC Digital Creator are directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) and merchants under the German Commercial Code (HGB).

Conclusion of Contract
The agency presents the offer to conclude a contract following an initial telephone consultation. The offer includes the scope of services and pricing. The offer remains valid for 14 days upon receipt by the Client. The contract is concluded when the Client accepts the offer ("Agency Agreement").

§ 2 Services
(1) AC Digital Creator provides individual consulting and agency services to SMEs in the fields of online marketing and social media recruiting. Unless otherwise agreed in writing, AC Digital Creator does not owe a specific work result or guarantee of success, especially not the hiring of new employees.

(2) The Client must provide full and timely cooperation upon first request. If the Client fails to cooperate, preventing the provision of services, AC Digital Creator's entitlement to compensation remains unaffected.

(3) The Client is solely responsible for the legal compliance of advertising campaigns (ads, websites, imprint, privacy policies, etc.).

(4) AC Digital Creator is not responsible for any suspension or discontinuation of advertising campaigns by platforms like Google or Meta.

(5) AC Digital Creator retains the right to determine the manner in which services are rendered under § 315 BGB.

(6) AC Digital Creator may use agents, subcontractors, or third parties to fulfill obligations.

(7) Unless otherwise agreed, the agreed compensation does not include the advertising budget, which must be provided separately by the Client.

(8) AC Digital Creator does not guarantee a specific number or quality of job applications. Pre-qualification of candidates is not owed unless expressly agreed.

(9) If AC Digital Creator provides domains or funnels, these are made available only for the contract duration unless otherwise agreed.

§ 3 Formation of Contract
(1) Contracts may be concluded by phone, in writing, or in text form. Phone contracts may be recorded with the Client's consent.

(2) For phone contracts, a written order confirmation may be provided, but it is not required for validity.

§ 4 Services Requiring Acceptance
(1) If a service falls under contract for work law, the following applies:
(2) AC Digital Creator may request partial or final acceptance upon completion of respective deliverables.
(3) If the Client does not provide written notice of defects within one week of request for acceptance, the work is deemed accepted.
(4) AC Digital Creator may continue working to correct defects found during functional testing.
(5) In case of dispute over material or minor defects, an expert appointed by the Chamber of Industry and Commerce shall be consulted.
(6) Acceptance is also deemed given if the Client fails to respond within 7 business days after being requested.

§ 5 Payment Terms and Conditions
(1) Prices quoted are binding and net of VAT, if applicable.
(2) Payment is due immediately upon invoicing unless otherwise agreed.
(3) If payment by direct debit is agreed, the Client must provide a SEPA mandate.
(4) Invoices will be issued properly including VAT, where applicable.
(5) If direct debits are reversed, the Client must transfer the due amount within three business days and cover the return costs.
(6) Offsetting and retention are only permitted if acknowledged by the other party or legally determined.

§ 6 Term and Termination
(1) Contract terms are binding. Early termination is excluded. Contracts automatically renew unless terminated four weeks before the end of the term.
(2) Termination before the start date is excluded.
(3) Ordinary termination rights during the contract term are excluded.
(4) Terminations must be made in writing.
(5) The right to extraordinary termination for good cause remains unaffected.

§ 7 Default / Extraordinary Termination
(1) Deadlines begin once payment and necessary client input have been received.
(2) If the Client defaults on payments, AC Digital Creator may suspend services.
(3) If two installments are missed, AC Digital Creator may terminate the contract and claim compensation for the remaining term.

§ 8 Fulfillment
(1) AC Digital Creator will perform agreed services with due care and may involve third parties.
(2) If service provision is hindered due to Client’s responsibilities, compensation remains due.

§ 9 Conduct and Consideration
The Client is expected to act in good faith. AC Digital Creator reserves the right to pursue legal action in response to defamatory or false statements.

§ 10 Third-Party Rights
The Client warrants that any materials provided are free of third-party rights or appropriately licensed. The Client indemnifies AC Digital Creator from any related claims.

§ 11 Usage Rights
(1) The Client receives a non-transferable, non-exclusive right to use content created during the contract term.
(2) Usage rights are granted only upon full payment.
(3) In installment agreements, rights transfer only after the final payment.
(4) Sharing or editing of materials is not permitted unless otherwise agreed.

§ 12 Liability
(1) AC Digital Creator is liable only for intent and gross negligence. For minor negligence, liability is limited to foreseeable, typical damages.
(2) Liability for data loss is limited to restoration efforts assuming proper backups. Product liability and warranties remain unaffected.

§ 13 Right of Withdrawal
Entrepreneurs and merchants have no statutory right of withdrawal. AC Digital Creator does not grant one contractually.

Final Provisions
In case of conflict between the Agency Agreement and these GTC, the Agency Agreement prevails.
Invalid provisions shall be replaced with legally effective ones that best fulfill the intended purpose.
Unless otherwise agreed, the place of fulfillment is the agency’s registered office.
Jurisdiction is exclusively the competent court in Islas Baleares.
These GTC and related agreements are subject solely to European law, specifically Spanish law, excluding the UN Convention on Contracts for the International Sale of Goods.