- Subject of the contract and general terms and conditions
Gabriele Bryant provides online marketing and consulting services that are contractually agreed between the client and Gabriele Bryant.
The following general terms and conditions (GTC) apply exclusively to all contractual relationships between Gabriele Bryant and the client. Counter-confirmations by the customer with reference to his own terms and conditions are hereby expressly contradicted. Deviations from these GTC are only effective if they are confirmed in writing by Gabriele Bryant. Deliverables, services and offers are based on these General Terms and Conditions. Subsidiary agreements must be in writing.
Gabriele Bryant gmbh reserves the right to change these terms and conditions at any time and will inform the client of such a change. If the customer does not object to the change notification within 14 days of the date of dispatch, the changed GTC are deemed to have been accepted by the customer.
- Offer and contract:
Offers are non-binding. Declarations of acceptance and orders by the client require written or electronic confirmation from Gabriele Bryant to be effective. The contract is also concluded when Gabriele Bryant begins to perform the service.
Conditions of the client do not become part of the contract, even if Gabriele Bryant does not expressly object to them and the contract is nevertheless implemented.
Additional work and additions that are not listed in the offer require a separate offer and a written order.
- Description of services:
Gabriele Bryant offers and provides individual services primarily in the areas of online marketing consulting. The type and scope of the services are recorded in writing or electronically between the client and Gabriele Bryant.
The client is obliged to fulfill all organizational and technical requirements for the provision of the services. In the case of interfaces or third-party systems, Gabriele Bryant’s guarantee ends at the interface.
- Duty to cooperate:
The client is obliged to provide all necessary cooperation services so that Gabriele Bryant can carry out the contractual service. In particular, he will provide the information required for the execution of the contract within the framework of a defined project schedule. The client is obliged to examine all deliverables provided by Gabriele Bryant immediately and to give notice of defects in writing with a precise description. If Gabriele Bryant carries out troubleshooting at the request of the client and it turns out that there are no errors or errors outside Gabriele Bryant’s area of responsibility, Gabriele Bryant can charge for the effort. If the client does not meet his obligations to cooperate, Gabriele Bryant is released from the obligation to perform. If Gabriele Bryant nevertheless performs, she will invoice the effort in accordance with the valid offer prices.
- Competitive exclusion:
As a matter of principle, Gabriele Bryant will not give the interests of one client priority over the interests of another client when providing advice and implementation. Exclusive services for individual companies or geographic regions must be contractually agreed separately.
- Prices, expenses and terms of payment:
Price changes: Price changes for Gabriele Bryant’s offers are possible at any time. For agreed and confirmed orders, the prices valid at the time of conclusion of the contract will be applied until the end of the contract.
Expenses will be charged separately (according to expenditure). For meetings and appointments with the client, we charge a flat rate of €0.35 per kilometer or a 1st class public transport ticket. Further expenses will be charged according to actual expenditure.
Terms of payment: Invoicing takes place as standard depending on the duration of the project aconto and/or after conclusion of the contract. The prices are in € Euro exclusive of statutory value added tax (VAT). Invoices are due for payment without deductions no later than 30 days after invoicing.
Third-party providers work in a direct contractual relationship with the client. Gabriele Bryant mediates the contractual relationship, but assumes no guarantees or financial obligations in this context.
If a customer is in default of payment for direct services from Gabriele Bryant, the right to offsetting is expressly reserved.
- Warranty and Guarantee:
Gabriele Bryant guarantees that the services are provided in accordance with the service description valid at the time the contract is concluded and essentially fulfill the functions described there.
Third-party providers: In the case of interfaces or third-party providers, Gabriele Bryant’s guarantee ends at the interface. Gabriele Bryant does not guarantee that services provided by third parties will be error-free and secure.
The client must prove that he has reported defects to Gabriele Bryant in writing and that the defects are based on the services provided by Gabriele Bryant.
Gabriele Bryant is liable for any damages, regardless of the legal reason (e.g. non-performance, subsequent impossibility, delay, warranty, culpa in contrahendo, breach of ancillary obligations or tort) only in the event of intent or gross negligence. A claim for damages is excluded if Gabriele Bryant cannot fulfill the obligation because suppliers, third-party providers or other service providers have not provided their services properly through no fault of Gabriele Bryant or because the software products or other services they provide do not work properly.
- Copyright Use Permissions:
In the current contractual relationship, all content created by Gabriele Bryant for the customer is available to the customer for use.
- Responsibility, exemption:
Gabriele Bryant does not check whether the delivered content or the client’s websites infringe the rights of third parties. The client is solely responsible for the admissibility and freedom from third-party rights of the content on his website that he uses, especially with regard to copyright, competition law and criminal law. Gabriele Bryant reserves the right to reject content or orders that are obviously illegal. However, Gabriele Bryant does not carry out legal examination of the terms or the content contained on the client’s website. The client hereby indemnifies Gabriele Bryant against all third-party claims arising from the client using content that is inadmissible or encumbered with third-party rights.
- Contract period, termination:
The term of the Gabriele Bryant service is contractually agreed between the client and Gabriele Bryant. The right to terminate for good cause remains unaffected. Important reasons for early termination of the contract by Gabriele Bryant are, among other things, if the customer does not fulfill his obligation to cooperate as defined above, stops making payments, or insolvency proceedings are opened; if the customer’s claims are attached and the attachment is not lifted within two weeks; if the contractual partner does not comply with the provisions on the admissibility of content and terms towards third parties or violates essential contractual obligations, e.g. B. violates the duty of confidentiality; if third parties challenge the admissibility of the terms and page content registered by the client.
The client undertakes to keep secret all business and trade secrets or information designated as confidential that he receives or becomes aware of during the performance of the contract by Gabriele Bryant or on behalf of Gabriele Bryant.
- Applicable Law and Jurisdiction:
Changes or additions to the contract, including ancillary agreements, must be in writing. This also applies to this provision. Should one or more provisions of the contract, including the General Terms and Conditions, be or become invalid, the validity of all other provisions or agreements shall not be affected in case of doubt. Rather, instead of the ineffective provision, a provision should apply that comes as close as possible to the economic meaning and purpose of the ineffective provision in a legally permissible manner. The exclusive place of jurisdiction is the registered office of Gabriele Bryant.
Gabriele Bryant – July 2022