Terms of Service
General Terms and Conditions Scanfeed e. K (sole proprietorship) ( represented by the managing director: Marius Meyer) , Strackerjanstrasse 30, 26129 Oldenburg in Lower Saxony.
§ 1 Scope, Validity
(1) All deliveries, services and offers from Scanfeed are based exclusively on these General Terms and Conditions. These are part of all contracts that Scanfeed concludes with its contractual partners (hereinafter also referred to as “customer”) for the deliveries or services it offers. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.
(2) Terms and conditions of the customer or third parties do not apply, even if Scanfeed does not separately object to their validity in individual cases. Even if Scanfeed refers to a letter or an e-mail that contains or refers to the terms and conditions of the customer or a third party, this does not constitute an agreement with the validity of those terms and conditions.
§ 2 Services of Scanfeed / Cooperation of the customer
(1) Scanfeed provides agency and consulting services to entrepreneurs and merchants in the field of online marketing, in particular also in the areas of online reputation management (ORM) and inquiry and lead generation Unless otherwise expressly agreed in writing, Scanfeed does not owe the customer the provision of a work / concrete success.
(2) Scanfeed owes neither a certain number of leads nor a certain quality. The customer is advised that any inquirers may also provide incorrect information in individual cases.
(3) The customer must always provide the cooperative actions incumbent on him completely and on time at Scanfeed's first request. If the customer fails to cooperate and thus prevents Scanfeed from providing the service, Scanfeed's claim to remuneration remains unaffected.
(4) With regard to the services to be provided by Scanfeed to the customer, Scanfeed has the right to determine the performance in accordance with § 315 BGB.
(5) Scanfeed is entitled to have vicarious agents / subcontractors and third parties perform the services owed to the customer.
(6) Scanfeed is not responsible for the continued existence of an online marketing campaign on third-party platforms such as Google My Business.
(7) Scanfeed is not responsible for the legal conformity of any measures in the area of ORM / online marketing for the customer. In case of doubt, the customer must consult legal counsel at his own expense before beginning any measure.
(8) If websites and landing pages are created for the customer, these are considered to be rented to the customer for the duration of the contract. In addition, the customer has no right of use.
(9) Costs for advertising campaigns and third-party platforms are not included in the flat fee agreed with Scanfeed. The customer has to bear these separately and, if necessary, settle them directly with the third-party platform.
§ 3 Conclusion of Contracts
The contract between Scanfeed eK and the customer can be made by telephone, in writing or in text form.
§ 4 Payments, Prices, Conditions
(1) The prices specified and communicated by Scanfeed are binding. The communicated prices are net plus statutory sales tax.
(2) The remuneration owed by the customer is due immediately, in full and in advance, unless otherwise individually agreed. A scan feed The (SEPA) direct debit authorization issued also applies to further business relationships until revoked.
(3) If the SEPA direct debit is agreed, the customer has Scanfeed to issue a written SEPA direct debit mandate after the conclusion of the contract. scan feed provides one upon request.
(4) Scan feed will issue the customer with a proper invoice showing the sales tax (possibly through vicarious agents).
(5) In the event that agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to pay the amount owed to Scanfeed e.K_cc781905- within three working days after the chargeback. 5cde-3194-bb3b-136bad5cf58d_ and to bear the costs caused by the chargeback.
(6) Reciprocal offsetting with counterclaims is only permissible if the other contractual partner has recognized the offsetting or if it has been legally established. The same applies to the exercise of a right of retention by a contracting party.
§ 5 Termination, Term
(1) The contract has the minimum term individually agreed between the parties. Early termination is excluded. If the contract is not terminated by the other party at the latest four weeks before the end of the term, it will be extended with the same term and the same conditions.
(2) Any free termination rights of the customer are excluded.
(3) Terminations must be in writing to be effective.
(4) The right to extraordinary termination for an important reason / withdrawal for an important reason always remains unaffected. The existence of an important reason must always be proven.
§ 6 Default / Extraordinary Termination
(1) Deadlines for the provision of services by Scanfeed do not start before the invoice amount at Scanfeed has been received and, as agreed, the data required for the services at Scanfeed are fully available or the necessary cooperative actions have been completed.
(2) If the customer is in arrears with payments due, Scanfeed e.K reserves the right not to carry out further services until the outstanding amount has been settled.
(3) If the customer is in arrears with at least two payments due to Scanfeed e.K in the event of payment in installments, Scanfeed _cc781905-5cde-3194-bb3b-136bade.cf .K entitled to terminate the contract extraordinarily and to discontinue the services. Scanfeed e.K will, if applicable, claim the entire remuneration due by the next ordinary termination date as compensation.
§ 7 Fulfillment
(1) Scanfeed e.K will carry out the agreed services according to the offer with the necessary care. scan feed eK is entitled to use the help of third parties without restriction.
(2) If Scanfeed e.K is prevented from providing the agreed services and the reasons for the hindrance stem from the sphere of the customer, Scanfeed _cc781905-5cde- remains entitled to compensation. 3194-bb3b-136bad5cf58d_e.K untouched.
§ 8 Conduct and Consideration
(1) The customer has to guarantee us the usual behavior of an honest businessman. We reserve the right to prosecute any illegal and/or inappropriate or unfounded statement about our company and our services, whether by customers, competitors or other third parties, in particular untrue statements of fact and abusive criticism, and to bring criminal charges without prior notice.
(2) When participating in our programs and events, the customer is obliged to ensure that our programs and events continue without interruption and to follow our instructions immediately. In the event of repeated violations of an instruction given, we are entitled to temporarily or permanently exclude the customer from participation. Our right to compensation remains unaffected in these cases.
§ 9 Third party property rights
The customer guarantees that Scanfeed e.K work materials (e.g. photos, texts, videos) provided are free of third-party rights or the approvals required for the purposes of the main contract present. The customer indemnifies Scanfeed e.K from any claims by third parties.
§ 10 Rights of Use
(1) The customer receives a simple and non-transferable right of use in relation to the work created and made available by Scanfeed e.K exclusively for the duration of the contract period - and performance results. Performance and work results within the meaning of the underlying contract are all works or services or parts thereof that were created by Scanfeed e.K for the customer (e.g B all information, documents, evaluations, videos, photos, know-how acquired as part of the fulfillment of the order, advertisements, drawings, materials, specifications, draft programs, (electronic) files, data collections, individual software including associated documentation, manuals and IT systems in the form of source code or in any other form).
(2) Paragraph 1 applies exclusively with the proviso that the customer has fully paid the remuneration due to Scanfeed e.K according to the main contract.
(3) If payment in installments has been agreed, the right of use referred to in paragraph 1 is only transferred to Scanfeed e.K unless otherwise agreed in an individual agreement.
(4) The transfer of work and service results to third parties (including affiliated companies) is excluded. The same applies to processing according to § 23 UrhG.
(5) Passing on our program content to third parties is prohibited and will be prosecuted under civil and criminal law in the event of a violation. This applies in particular to access to our member platforms. Subject to an individual agreement to the contrary, a right of use exists exclusively for our direct contractual partner.
§ 11 Right of withdrawal
A right of withdrawal for entrepreneurs within the meaning of § 14 BGB and merchants according to the German Commercial Code (HGB) does not exist by law, nor is such a right granted by Scanfeed e.K otherwise.
Section 12 Liability
(1) Scanfeed e.K is liable for damages - for whatever legal reason - only for intent and gross negligence. Scanfeed e.K is only liable for simple negligence
a) for damage resulting from injury to life, limb or health,
b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
(2) Scanfeed e.K is not liable for data and program losses within the limits specified in paragraph 1. Liability for data loss is limited to the amount of the typical recovery effort that would have occurred if backup copies were made regularly and appropriate to the risk. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.
§ 13 Final Provisions
(1) Deviations from these General Terms and Conditions are only effective if they have been agreed in writing. Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these GTC. A written contract or the written confirmation of Scanfee e.K is decisive for the content of such agreements.
(2) The entire contractual relationship between Scanfeed e.K and the customer is subject to German law to the exclusion of the UN Sales Convention.
(3) The place of fulfillment is the seat of Scanfeed e.K . The exclusive commercial place of jurisdiction is the registered office of Scanfeed e.K , currently Oldenburg in Lower Saxony.
(4) Should one or more provisions of the contract be or become invalid or unenforceable for factual or legal reasons, the validity of the remaining contractual provisions shall not be affected. scan feed eK and the customer are obliged to replace the invalid or unenforceable provision with an effective provision that comes as close as possible to what is economically intended.
Terms and Conditions Status: 11.10.2020 © Reproduction prohibited