1.1 The offer and the following provisions do not apply to consumers, but exclusively to entrepreneurs. The customer acknowledges this herewith.
1.2 By concluding a contract with Ads-Tracking, the client accepts the General Terms and Conditions of the provider Ads-Tracking as binding.
2.1 The following General Terms and Conditions apply to all services provided by Ads-Tracking (hereinafter referred to as "Provider") to its contractual partners (hereinafter referred to as "Customers") and to contracts concluded via this. Deviations require written form.
2.2 The offers (services) of Ads-Tracking are exclusively aimed at interested parties/ customers who have reached the age of 18. All services are provided on the basis of these General Terms and Conditions without restriction. Inclusion of general terms and conditions of an orderer/customer that do not comply with these General Terms and Conditions is hereby objected to.
2.3 The General Terms and Conditions can be viewed on the Ads-Tracking website and, if necessary, printed out.
3.1 A contract is concluded in such a way that the client/customer either calls Ads-Tracking or is called by Ads-Tracking on his request. Within the telephone call, Ads-Tracking makes an offer to the customer, which the customer can then accept. The conclusion of the contract between the parties also comes about through two corresponding declarations of intent in written or digital form. Immediately after accepting the offer, the customer/prospect receives an invoice by e-mail with the simultaneous declaration of acceptance of the purchase offer (order confirmation). In the case of physical contract documents, the copy or duplicate is considered to be the order confirmation.
4.1 Upon conclusion of the contract, the provider offers the customer consulting or implementation services (generally referred to as "services") for the creation, expansion, optimization and maintenance of online tracking systems for the customer's website.
4.2 If the customer specifies conditions deviating from the contract when ordering the services, these only become effective if the provider expressly agrees to them in writing. In this case, the provider's silence and the commencement of activities by the provider do not constitute approval.
4.3 Any deadlines and target specifications of the customer are generally not binding for the provider, unless the provider has expressly confirmed them as firm goals in writing by post or fax.
5.1 Invoicing is done in advance or monthly for long-term support agreements.
5.2 The customer's obligation to pay compensation also remains in force in cases where services from third-party providers, such as advertising platforms, are not provided for any reason, unless there is a fault on the part of the provider.
5.3 Ads-Tracking is responsible for invoicing and collecting payment. Unless otherwise agreed in writing with the buyer, payments are to be made without deduction immediately upon receipt of the order confirmation or invoice to the account of Ads-Tracking, Michael-Vehe-Straße 17, 74078 Heilbronn, Germany.
5.4 The provider is entitled to invoice for all services ordered by the customer, even if the customer does not make use of the results of these services.
5.5 The ordered documents and services will only be sent after complete payment of the submitted invoice or, in case of installment payment, the first installment. For the case that the client/customer/entrepreneur is a party within the meaning of § 14 BGB, the following shall apply in addition: The provider reserves the right to ownership of the documents and services until full settlement of all claims from the current business relationship. Prior to transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.
5.6 All prices mentioned in the offer lists are understood to be plus value-added tax or sales tax as well as the corresponding shipping costs.
5.7 If the buyer/orderer is in default with a payment, Ads-Tracking is entitled to demand interest from the relevant point in time at a rate of 5% above the respective base rate of the European Central Bank. The right to prove a higher damage by Ads-Tracking remains reserved. The buyer/orderer is only entitled to set-off, even if claims for defects or counterclaims are asserted, if the counterclaims have been legally established, acknowledged by the seller/service provider or are undisputed. The buyer/orderer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase agreement.
6.1 The contract begins upon receipt of the order by the provider, unless another start date is agreed.
6.2 The contract applies for an indefinite period in the case of continuous support. The notice period in these cases is one month to the end of the month. In the case of a one-time booking of modules, the contract ends with the complete provision of services by the provider.
6.3 In the event of a customer's objection according to § 12 with observance of the deadline mentioned there, either contracting party may terminate the contract prematurely. Immediate termination by either contracting party is possible if the other contracting party breaches its contractual obligations and does not fulfill its obligations permanently despite written request to do so.
7.1 In case of default of payment by the customer, the provider is entitled to make the provision of services dependent on the customer's payment. The provider's suspension of service provision does not release the customer from its obligation to pay.
7.2 The provider reserves the right to provide further services only if all outstanding receivables including all costs for debt collection or legal action have been settled.
7.3 In such a case, the provider is entitled to provide its future services only against prepayment or deposit of a security and complete payment.
8.1 The services and seminars of Ads-Tracking are carefully prepared and conducted to the best of their knowledge. All materials and documents are created according to the latest findings. However, Ads-Tracking does not guarantee the accuracy and error-free content of the training content, materials, and implemented modules.
8.2 Furthermore, the provider expressly points out that no promise of success is associated with the completion of the seminars and booked modules. The registrant/customer will be provided with the corresponding modules as part of the service and is obliged to actively participate and cooperate. Nevertheless, the provider does not guarantee the achievement of the stated objectives.
8.3 The provider is only liable for damages caused by willful or grossly negligent conduct. Further liability is excluded. Liability is in any case limited to the order value.
8.4 The provider is not liable for legal infringements caused by keywords used, ad texts, program code, content and design elements, and the like. In particular, the provider is not obliged to check the materials used for possible infringements of third-party protective rights. This obligation lies with the customer.
8.5 On first request, the customer shall indemnify the provider against any claims by third parties. Customer and provider shall immediately notify each other in writing if any third-party claims are made against them.
8.6 The provider is not liable for the blocking or suspension of accounts by the respective account providers, advertising networks, or other cooperation partners of the customer.
9.1 All copyright usage rights to the seminar materials/tags/codes provided remain with the provider/seller. It is prohibited for the customer/prospect to reproduce the materials for distribution to third parties. The exception is the reproduction for the purpose of their own data backup.
9.2 A copy may only be made and used for its own purposes if the original is no longer usable due to damage or destruction. Printed materials may not be reprinted or imitated in any way, even in part.
10.1 Place of performance and payment is Heilbronn.
10.2 The exclusive place of jurisdiction for all claims arising from and in connection with the contractual relationship between the parties, including check and bill of exchange claims with merchants, legal persons under public law, is Heilbronn. The law of the Federal Republic of Germany applies. Before filing a lawsuit, especially with regard to a clause violation or copyright infringement, the customer must first contact Mr. Bünyamin Alirkilicarslan, Michael-Vehe-Straße 17, 74078 Heilbronn, by e-mail at firstname.lastname@example.org in an attempt to reach an amicable settlement.
11.1 The provider may mention the customer as a reference in any medium. This also includes the use of any protected names or logos. The provider is not obligated to do so.
12.1 The provider reserves the right to modify these terms and conditions, prices, and services. The provider will announce such changes in writing with a notice period of at least 4 weeks. The changes will become effective according to the announcement if the customer does not object to them in writing by the announced date of entry into force of the changes.
13.1 In the event that the customer/consumer is in the sense of § 13 BGB, i.e. making the purchase for purposes that are predominantly neither commercial nor attributable to their self-employed professional activity, they have a right of withdrawal in accordance with the following provisions:
13.2 The customer/client has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall expire after 14 days from the day on which he or a third party nominated by him, who is not the carrier, takes possession of the goods.
13.3 To exercise the right of withdrawal, the customer/client must inform Ads-Tracking, Michael-Vehe-Straße 17, 74078 Heilbronn, by email or fax, of his decision to withdraw from this contract by means of a clear statement. To meet the withdrawal deadline, it is sufficient for the customer/client to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
13.4 If the customer/client is an entrepreneur within the meaning of § 14 BGB and is acting in the exercise of his commercial or self-employed professional activity when concluding the contract, the right of withdrawal does not exist.
14.1 The invalidity of one or more provisions does not affect the validity of the remaining provisions. In place of the invalid clauses, what is economically intended to be agreed in a legally permissible manner will apply. This also applies to supplementary interpretation of the contract.