Terms and conditions

1. Scope of application

These General Terms and Conditions ("Terms") apply to all contracts between Mario Moosbauer (sole proprietorship), hereinafter "Mario Moosbauer", and his customers, hereinafter "Customer", in the version valid at the time the contract is concluded.

Mario Moosbauer concludes contracts only with businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law, not with consumers.

The Customer's terms and conditions apply only if Mario Moosbauer has expressly agreed to them in text form.

Each contract is based on the offer and these Terms. Provisions in the offer take precedence over these Terms.

2. Subject matter of the business relationship

Mario Moosbauer provides consulting, strategy, marketing, advertising and implementation services, in particular in the areas of e-commerce, Amazon and artificial intelligence. These may include, among other things, analyses, workshops, campaign management, listing and advertising copy, photo, video, UGC, rendering and content services, business development, and the coordination of suitable third parties.

The specific scope of services is set out in the offer. Mario Moosbauer is free to choose strategies and measures, unless the Customer gives express design or conceptual specifications.

Mario Moosbauer may have services performed in whole or in part by subcontractors or creators, unless the Customer objects in text form for comprehensible reasons. He engages third parties in his own name or, by agreement, in the Customer's name.

3. Provision of services

Type, scope, deadlines and fees are set out in the accepted offer. Workshops, training, on-site appointments and other additional services are owed only if they have been agreed.

Mario Moosbauer is free to choose place of work, working hours and approach, unless the purpose of the contract, agreed deadlines or necessary coordination require otherwise.

4. Customer's duties to cooperate

The Customer provides all necessary information, documents, access, approvals and budgets completely and on time. Unless otherwise agreed, the Customer delivers requested documents and data within 48 hours.

For advertising campaigns, the Customer provides the agreed advertising budgets and platform access. As a rule, the Customer responds to offers, drafts and approval requests within ten business days. Delays caused by missing cooperation extend agreed deadlines appropriately.

The Customer warrants that it may lawfully use the content, brands, logos, images, products and statements it provides. Legal review of business statements, product information and mandatory information remains with the Customer unless expressly agreed otherwise.

If a claim is brought against Mario Moosbauer because of an infringement of third-party rights through content, brands or information provided by the Customer, the Customer indemnifies him and reimburses the costs of a reasonable legal defense, to the extent the Customer is responsible for the infringement.

5. Services and work results, acceptance

Services are generally service contracts. A specific outcome, in particular revenue, profit, ranking, reach, advertising efficiency, appointments or a number of conversations, is owed only if the offer expressly agrees it as a guaranteed outcome.

Where a work result is owed in an individual case, the Customer reviews it without delay after handover and either accepts it within ten business days or reports specific material defects. If no justified objection is made within this period, the work is deemed accepted. Acceptance may not be refused for creative or artistic reasons if the agreed key points have been met.

6. Cooperation and systems

The parties agree on suitable communication and project management systems. The Customer ensures that the points of contact it names are reachable and authorized to make decisions.

7. Fees and payment terms

The fees are set out in the offer and are plus statutory VAT, where applicable. Advertising budgets, goods, production, shipping, logistics, platform and Amazon fees and other third-party costs are not included unless the offer provides otherwise.

Invoices are due without deduction within seven calendar days of receipt. Mario Moosbauer may demand partial payments for self-contained partial services, and for services lasting more than three months also independently of this, provided the services invoiced can be traced from the invoice.

Errors, blocks or changes on third-party platforms do not affect the entitlement to fees for services rendered in accordance with the contract. This also applies to periods in which the Customer's accounts are hacked, blocked or unreachable for reasons the Customer is responsible for.

Additional fees are owed only if they were agreed in text form. Travel, material and other expenses are charged only if they were agreed in advance.

The Customer may offset only with undisputed claims or claims established by a final court decision. This does not apply to counterclaims arising from the same contractual relationship, in particular for defects.

8. Rights of use

Upon full payment, Mario Moosbauer grants the Customer all transferable rights of use in the work results created for it, to the extent Mario Moosbauer can dispose of them himself. Unless the offer provides otherwise, the rights are non-exclusive and unlimited in time and territory; editing and further transfer are permitted.

Audio rights (music, sound effects) apply only to the specific service. Moral rights of authors remain unaffected. Raw data, working files, methods, templates, general know-how and pre-existing components remain with Mario Moosbauer unless otherwise agreed.

If Mario Moosbauer engages creators, he has them grant the rights of use to the extent he promises to the Customer.

Mario Moosbauer may continue to use general methods, findings and components that are not customer-specific. Confidential information and the content created for the Customer are excluded.

Mario Moosbauer may use the name, logo and a short description of the collaboration as a reference during the collaboration and for up to twelve months afterwards. The Customer may object to this at any time in text form.

9. Defects and liability

Mario Moosbauer undertakes to carry out the work entrusted to him with professional and commercial diligence, to the best of his knowledge and belief, and in compliance with the generally recognized principles of advertising.

Mario Moosbauer is liable for damage incurred by the Customer through defects, delay or non-performance only if he was unable to remedy the defects complained of, even though the Customer notified them in writing and gave him a period of at least 10 business days to remedy them. This does not apply in cases of intent, gross negligence or injury to life, body or health. In particular, there is no defect, delay or non-performance merely because Mario Moosbauer and the Customer go through several rounds of coordination on a piece of content. Nor is there any if the cause lies within the Customer's sphere, for example because, after an agreement has been reached, the Customer demands a different creator or does not want to use approved content after the feedback round, although the creator followed the agreed key points to the best of their knowledge.

For all other damage incurred by the Customer through culpable conduct of Mario Moosbauer, Mario Moosbauer is liable without limit in cases of intent and gross negligence, and in cases of slight negligence only for breach of essential obligations typical of the contract and limited to the damage typically foreseeable at the time the contract was concluded. This limitation does not apply to injury to life, body or health, nor where a limitation of liability would violate mandatory statutory law.

In cases of slight negligence, liability is also limited to the fees for the order concerned and, for ongoing contracts, to the fees for the 12 months before the damaging event. This does not apply to injury to life, body or health.

Mario Moosbauer is not responsible for defects or errors occurring on third-party platforms such as Amazon, Meta, Google, Instagram or TikTok, to the extent he is not responsible for them. The same applies if a Customer's user account on a third-party platform is hacked or compromised without any fault on the part of Mario Moosbauer.

Liability for indirect damage and consequential damage caused by defects, in particular lost profit, is excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations.

Mario Moosbauer is not liable for damage incurred by the Customer through misconduct of the creators engaged to perform the contract (excluding subcontractors), in particular through insufficient labeling of advertising content. The creators and/or the Customer are responsible for proper labeling; Mario Moosbauer expressly points the creators to this obligation. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations.

In all other respects, the statutory liability regime applies.

10. Confidentiality

Both parties treat all commercial, technical and business information of the other party that is not publicly known as confidential. This obligation continues beyond the end of the contract.

Disclosure remains permitted to employees, subcontractors and creators who are bound to confidentiality, to the extent necessary for the order, and under statutory or official obligations.

Documents and files containing confidential information must be returned or deleted on request, and at the latest at the end of the contract, unless statutory retention obligations prevent this.

11. Retention and return

Project documents are retained during the term of the contract and, as a rule, for up to one year afterwards, unless longer statutory obligations apply. After that, they may be deleted. On request, original documents provided are returned or deleted.

12. Data protection

The parties process personal data in accordance with applicable data protection laws. Mario Moosbauer processes contact data and project-related information to initiate and perform the contract on the basis of Art. 6(1)(b) GDPR and to protect legitimate interests under Art. 6(1)(f) GDPR.

To the extent necessary for the order, Mario Moosbauer transmits the Customer's contact data to creators and subcontractors engaged (Art. 6(1)(b) or (f) GDPR respectively).

Where commissioned processing takes place, the parties conclude an agreement under Art. 28 GDPR before it begins. Further information and data subject rights are set out in the privacy policy on growald-agency.de.

13. Term and termination

Term, minimum term and ordinary termination are governed by the offer. If there is no provision, a contract concluded for an indefinite period may be terminated by the Customer at the end of the next full quarter; Mario Moosbauer may terminate with one month's notice to the end of a month.

The right to extraordinary termination for good cause remains unaffected. Services rendered up to the point termination takes effect, third-party services commissioned and costs that can no longer be cancelled must be paid.

14. Final provisions

Assignment of claims arising from the contract requires the consent of the other party, unless a statutory exception applies. Mario Moosbauer may transfer the contract to a legal successor upon sale or transfer of his business, provided this is reasonable for the Customer; the Customer will be informed.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Munich.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.

Mario Moosbauer will announce changes to these Terms in text form at least two weeks in advance; for contracts already concluded, they apply only if the Customer agrees.

In case of translations, the German version prevails.