Terms of Service

1 General

1.1 The offer and the following provisions are not aimed at consumers, but exclusively at entrepreneurs. The customer hereby acknowledges this.

1.2 By concluding a contract with Ads-Tracking, the client/customer accepts the general terms and conditions of the provider Ads-Tracking as binding.

2) Scope

2.1 The following general terms and conditions apply to all services of Ads-Tracking (hereinafter referred to as provider) towards its contractual partners (hereinafter referred to as customer) and the contracts concluded in this regard. Deviations must be in writing.

2.2 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. An inclusion of general terms and conditions of a client/customer that do not correspond to these general terms and conditions is already contradicted.

2.3 The general terms and conditions can be viewed on the Ads-Tracking website and printed out if necessary.

3) Conclusion of contract

3.1 A contract is concluded in such a way that the client/customer either calls Ads-Tracking or is called by Ads-Tracking at his request. During the telephone call, Ads-Tracking will make 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 writing or by digital signature. Immediately after acceptance of the offer, the customer/prospect will receive 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 carbon copy counts as an order confirmation.

4) Content of the contract

4.1 With the 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.

4.2 If the customer specifies conditions that deviate from the contract when ordering the service, these only become effective if the provider expressly agrees to them in text form. In this case, silence on the part of the provider and the commencement of activities by the provider do not constitute consent.

4.3 Any deadlines and targets set by the customer are generally not binding for the provider, unless the provider has expressly promised this in writing by post or fax as a fixed target.

5) Compensation, Billing, Terms of Payment

5.1 Billing takes place in advance or monthly if permanent care is agreed.

5.2 The customer's obligation to pay remains in place even in cases in which the service provided by third-party providers such as advertising platforms - for whatever reason - does not take place, unless the provider is at fault.

5.3 Ads tracking is responsible for invoicing and collecting payment. Unless otherwise agreed in writing with the buyer, the payments are to be transferred without deduction to the account of Ads-Tracking, Michael-Vehe-Straße 17, 74078 Heilbronn, Germany, immediately after receipt of the order confirmation or invoice.

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

5.5 The documents and services ordered will only be sent after the invoice has been paid in full or the first installment has been paid in installments. In the event that the client/customer/entrepreneur is within the meaning of § 14 BGB, the following also applies:
The provider retains ownership of the documents and services until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.

5.6 All prices stated in the offer lists do not include value added tax or turnover tax and the corresponding shipping costs.

5.7 If the buyer/orderer is in arrears with a payment, Ads-Tracking is entitled to demand interest of 5 % above the respective base interest rate of the European Central Bank from the relevant point in time. We reserve the right to prove higher damage caused by ads tracking. The buyer/orderer is only entitled to set off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, have been recognized 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 contract.

6) Contract Duration, Contract Termination, Cancellation

6.1 The contract begins with the receipt of the order by the provider, unless a different beginning has been agreed.

6.2 The contract applies to permanent accompaniment for an indefinite period. In these cases, the notice period is one month to the end of the month. In the case of a one-off booking of modules, the contract ends when the provider has rendered the full service.

6.3 A premature termination by a contracting party is possible in the event of an objection by the customer in accordance with § 12, observing the deadline specified there. Immediate termination by one contracting party is possible if the other contracting party violates its contractual obligations and, despite a written request to fulfill them, does not fulfill its obligations over the long term.

7) Default of payment, debt collection

7.1 If the customer is in default of payment, the provider is entitled to make the provision of services dependent on the customer's payment. The cessation of service provision by the provider does not release the customer from the payment obligation.

7.2 The provider reserves the right to only provide further services if all outstanding claims have been settled together with all costs for collection or legal prosecution.

7.3 In this case, the provider is entitled to provide its future services only against advance payment or a deposit and full payment.

8) Warranty

8.1 The services and seminars of Ads-Tracking have been carefully prepared and carried out to the best of our knowledge. All materials and documents are created according to the latest knowledge. However, Ads-Tracking assumes no liability for the correctness and accuracy of the training content, documents and implemented modules.

8.2 In addition, the provider expressly points out that no promise of success is associated with the completion of the seminars and booked modules. The applicant/customer is provided with the relevant modules as part of the service and is obliged to actively cooperate and participate. Nevertheless, the provider does not promise success with regard to the achievement of the stated goals.

8.3 The provider is only liable for damage caused by intentional or grossly negligent action. Any further liability is excluded. In any case, liability is limited to the order value.

8.4 The provider is not liable for violations of the law through the use of keywords, advertising 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 property rights of third parties. This obligation is the responsibility of the customer.

8.5 The customer shall indemnify the provider against all third-party claims upon first request. Customer and provider will inform each other immediately in writing if third-party claims are asserted against them.

8.6 The provider is not liable for blocking or suspension of accounts by the respective account providers, advertising networks or other cooperation partners of the customer.

9) Copyright and Use Rights

9.1 All copyright usage rights to the seminar documents/tags/codes provided remain with the provider/seller. The customer/interested party is prohibited from duplicating the documents to pass them on to third parties. Duplication for the purpose of your own data backup is excluded.

9.2 A copy may only be made and used for one's own purposes if the original is no longer usable due to damage or destruction. Printed documents may under no circumstances be reprinted or imitated, not even in part.

10) Place of Performance/Jurisdiction

10.1 Place of performance and place of payment is Heilbronn.

10.2 The exclusive place of jurisdiction for all claims arising from and based on the contractual relationship between the parties, including actions on checks and bills of exchange with merchants, legal entities under public law, is Heilbronn. The law of the Federal Republic of Germany. Before filing a lawsuit, in particular with regard to a clause violation or copyright infringement, the customer must first email Mr. Bünyamin Alirkilicarslan, Michael-Vehe-Straße 17, 74078 Heilbronn [email protected] to attempt an amicable settlement.

11) Reference

11.1 The provider may name the customer in any medium as a reference. This also includes the naming and use of any protected designations or logos. The provider is not obligated to provide information.

12) Contract Amendments

12.1 The provider reserves the right to change these terms and conditions, prices and services. The provider announces such changes in writing with a notice period of at least 4 weeks. The changes will take effect as announced if the customer does not object to them in writing by the announced effective date of the changes.

13) Right of Withdrawal

13.1 In the event that the customer/consumer is within the meaning of § 13 BGB, i.e. makes the purchase for purposes that are predominantly neither commercial nor self-employed, he has a right of withdrawal in accordance with the following provisions:

13.2 The customer/client has the right to revoke this contract within 14 days without giving reasons. The cancellation period begins on the day on which he or a third party designated by him took possession of the goods.

13.3 In order to exercise the right of cancellation, the customer/client must inform Ads-Tracking, Michael-Vehe-Straße 17, 74078 Heilbronn, by email or fax of his decision to cancel the contract by means of a clear statement. To meet the cancellation deadline, it is sufficient for the customer/client to send the cancellation before the end of the cancellation period without giving reasons for exercising the right of cancellation.

13.4 If the customer/client is an entrepreneur within the meaning of Section 14 of the German Civil Code and is acting in the course of his commercial or self-employed activity when concluding the contract, there is no right of withdrawal.

14) Severability Clause

14.1 The effectiveness of the remaining provisions shall not be affected by any ineffectiveness of one or more provisions. In place of the ineffective clauses, the one agreed that most closely corresponds to what is economically intended in a legally permissible manner shall apply. This also applies to the supplementary interpretation of the contract.