Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen der Ads-Tracking UG

1. General

  1. The offer and the following provisions are not aimed at consumers, but exclusively at entrepreneurs. The customer hereby acknowledges this.
  2. By concluding a contract with Ads-Tracking, the client/customer bindingly acknowledges the General Terms and Conditions of the provider Ads-Tracking.

2. Scope of Application

  1. The following General Terms and Conditions apply to all services provided by Ads-Tracking (hereinafter referred to as the provider) to their contractual partners (hereinafter referred to as customers) and the contracts concluded through them. Deviations require written form.
  2. The offers (services) of Ads-Tracking are aimed exclusively at interested parties/customers who have reached the age of 18. All services are provided without restriction on the basis of these General Terms and Conditions. The inclusion of General Terms and Conditions of a client/customer that do not correspond to these General Terms and Conditions is already objected to.
  3. The General Terms and Conditions can be viewed on the Ads-Tracking website and printed out if necessary.

3. Conclusion of Contract

A contract is concluded in such a way that the client/customer either calls Ads-Tracking or is called by Ads-Tracking at their request.

Contract Forms

During the phone call, Ads-Tracking makes an offer to the customer, which they can then accept. The conclusion of the contract between the parties is also achieved through two corresponding declarations of intent in writing or by digital signature.

Order Confirmation

Immediately after acceptance of the offer, the customer/interested party receives an invoice by email with the simultaneous declaration of acceptance of the purchase offer (order confirmation). For physical contract documents, the copy or carbon copy serves as order confirmation.

4. Contract Content

  1. Upon conclusion of the contract, the provider offers the customer consulting or implementation services (generally "services") for the creation, expansion, optimization and maintenance of online tracking systems for the customer's website.
  2. If conditions deviating from the contract are specified by the customer when ordering the service, these only become effective when the provider expressly agrees to them in text form. In this case, the provider's silence as well as the commencement of activities by the provider do not constitute consent.
  3. Any deadlines and targets set by the customer are generally not binding for the provider, unless the provider has expressly guaranteed this in writing by post or fax as a firm goal.
Online tracking systems include the creation, expansion, optimization and maintenance of tracking solutions for your website.

5. Remuneration, Billing, Payment Terms

Billing

  1. Billing is done in advance or monthly if ongoing support is agreed upon.
  2. The customer's obligation to pay remuneration remains even in cases where the service from third-party providers used, such as advertising platforms, is not provided for whatever reason, unless the provider is at fault.

Payment Terms

  1. Ads-Tracking is responsible for invoicing and collecting payment. Unless otherwise agreed in writing with the buyer, payments must be transferred without deduction immediately upon receipt of the order confirmation or invoice to the Ads-Tracking account.

Bank Details: Ads-Tracking Michael-Vehe-Straße 17 74078 Heilbronn, Germany

  1. The provider is entitled to bill all services ordered by the customer, even if the customer does not use the results of these services.

Retention of Title

  1. The ordered documents and services will only be sent after full payment of the transmitted invoice or, in the case of installment payment, the first installment. In the event that the client/customer/entrepreneur within the meaning of § 14 BGB (German Civil Code), the following additionally applies: The provider reserves ownership of the documents and services until all claims from the ongoing business relationship have been fully settled. Before transfer of ownership of the reserved goods, pledging or transfer of ownership for security purposes is not permitted.
  2. All prices stated in the offer lists are understood to be plus VAT or sales tax as well as the corresponding shipping costs.

Default Interest

  1. If the buyer/client defaults on payment, Ads-Tracking is entitled to charge interest of 5% above the respective base rate of the European Central Bank from the relevant point in time. Ads-Tracking reserves the right to prove higher damages.
The buyer/client is only entitled to offset if the counterclaims have been legally established, recognized by the seller/service provider or are undisputed.

6. Contract Duration, Contract Termination, Cancellation

Contract Start

  1. The contract begins upon receipt of the order by the provider, unless another start date is agreed.

Notice Period

  1. In the case of permanent support, the contract is valid for an indefinite period. In these cases, the notice period is one month to the end of the month. In the case of one-time booking of modules, the contract ends with the complete provision of services by the provider.

Early Termination

  1. Early termination by either party is possible in the event of customer objection in accordance with § 12, observing the period specified therein. Immediate termination by either party is possible if the other party violates its contractual obligations and, despite written request for fulfillment, permanently fails to fulfill its obligations.

7. Payment Default, Debt Collection

  1. In the event of payment default by the customer, the provider is entitled to make the provision of services dependent on payment by the customer. The cessation of service provision by the provider does not release the customer from the payment obligation.
  2. The provider reserves the right to only provide further services if all outstanding claims plus all costs for debt collection or legal prosecution have been settled.
  3. In this case, the provider is entitled to only provide future services against advance payment or deposit of a security and full payment.
In case of persistent payment default, debt collection costs and legal prosecution costs may be additionally claimed.

8. Warranty

Duty of Care

  1. The services and seminars of Ads-Tracking are carefully prepared and conducted to the best of our knowledge. All materials and documents are created according to the latest findings. However, Ads-Tracking assumes no guarantee for the substantive correctness and freedom from errors of the training content, documents and implemented modules.

Promise of Success

  1. 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 is provided with the corresponding modules as part of the service and is obliged to actively work and cooperate. Nevertheless, the provider does not give any promise of success regarding the achievement of the stated goals.

Limitation of Liability

  1. The provider is only liable for damages caused by intentional or grossly negligent conduct. Further liability is excluded. Liability is in any case limited to the order value.
  2. The provider is not liable for legal violations through 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 violations of third-party rights. This obligation lies with the customer.

Indemnification

  1. The customer indemnifies the provider on first request from all claims by third parties. Customer and provider will notify each other in writing immediately if claims by third parties are asserted against them.
  2. The provider is not liable for blockages or suspensions of accounts by the respective account providers, advertising networks or other cooperation partners of the customer.

9. Copyright and Usage Rights

  1. All copyrights to the seminar materials / tags / codes provided remain with the provider/seller. The customer/interested party is prohibited from reproducing the documents for distribution to third parties. Excluded is reproduction for the purpose of personal data backup.

Reproduction

  1. A duplicate copy may only be made and used for personal purposes if the original is no longer usable due to damage or destruction. Printed documents may not be reprinted or imitated in any case, not even in excerpts.
The distribution of documents to third parties is prohibited and constitutes a copyright violation.

10. Place of Performance / Jurisdiction

Place of Performance

  1. The place of performance and payment is Heilbronn.

Jurisdiction

  1. The exclusive place of jurisdiction for all claims arising from and on the basis of the contractual relationship between the parties, including check and bill of exchange actions with merchants, legal entities under public law, is Heilbronn. The law of the Federal Republic of Germany applies.

Amicable Settlement

Before filing a lawsuit, especially with regard to a clause violation or copyright infringement, the customer must first contact Mr. Bünyamin Alirkilicarslan for an attempt at an amicable settlement:

Contact: Bünyamin Alirkilicarslan Michael-Vehe-Straße 17 74078 Heilbronn Email: info@ads-tracking.de

11. Reference Naming

The provider may name the customer as a reference in any medium. This also includes the naming and use of possibly protected designations or logos. The provider is not obliged to make such reference.

12. Contract Adjustments

The provider reserves the right to change these Terms and Conditions, prices and services. The provider announces such changes in text form with a notice period of at least 4 weeks.

The changes become effective according to the announcement if the customer does not object to them in text form by the announced date of entry into force of the changes.

In the event of no timely objection, the amended conditions are deemed accepted.

13. Right of Withdrawal

Right of Withdrawal for Consumers

  1. In the event that the customer/consumer within the meaning of § 13 BGB (German Civil Code), i.e. makes the purchase for purposes that can predominantly be attributed neither to commercial nor independent professional activity, they have a right of withdrawal in accordance with the following provisions.

Withdrawal Period

  1. The customer/client has the right to withdraw from this contract within 14 days without giving reasons. The withdrawal period begins on the day on which they or a third party designated by them took possession of the goods.

Exercise of Right of Withdrawal

  1. To exercise the right of withdrawal, the customer/client must inform Ads-Tracking of their decision to withdraw from the contract by means of a clear statement:

Contact: Ads-Tracking Michael-Vehe-Straße 17 74078 Heilbronn Email: info@ads-tracking.de

To meet the withdrawal deadline, it is sufficient for the customer/client to send notification of exercising the right of withdrawal without giving reasons before the expiry of the withdrawal period.


Exclusion for Entrepreneurs

  1. If the customer/client is an entrepreneur within the meaning of § 14 BGB (German Civil Code) and acts in the exercise of their commercial or independent professional activity when concluding the contract, there is no right of withdrawal.
Important: The right of withdrawal only exists for consumers, not for entrepreneurs.

14. Severability Clause

The possible invalidity of one or more provisions does not affect the validity of the remaining provisions. Instead of the invalid clauses, what corresponds most closely to what was economically intended in a legally permissible manner is deemed agreed. This also applies to supplementary interpretation of the contract.