1. scope of application
1.1 The following terms and conditions apply to all legal transactions of the service company Web SEO Online (represented by Dieter Hanke )- hereinafter referred to as service provider – with its contractual partner – hereinafter referred to as client.
1.2 Any changes to these terms and conditions made by the service provider will be notified to the client in writing. They are considered approved if the client does not object in writing. The Client must send the objection to the Service Provider within four weeks of notification of the changes.
2. subject of the contract
2.1 The Parties agree to cooperate in accordance with the specific individual contractual agreement. An employment contract is not wanted by the parties and is not established.
2.2 The Service Provider shall be responsible for social security contributions or tax matters and shall indemnify the Client from any obligations.
2.3 The Service Provider is free to work for other Clients.
3. conclusion of the contract
3.1 A contract with the Service Provider is concluded by sending the signed order or order quotation by post, fax or e-mail.
3.2 The subject of the contract or the exact job description is as follows:
Search engine optimization (Google)
In particular it is agreed that
1. the generation of legal search results at Google for the domain named in the respective order confirmation in the agreed amount and within the agreed time.
2. the new setting and optimisation of the keywords and link texts in the source code, as well as the setting of the Google Analytics Tool and Webmaster Tool. Also the verification of your website at Google.
3. creation of the sitemap of your website according to the guidelines of Google.
4. contract duration and remuneration
4.1 The contract shall commence on the specifically and individually agreed date.
4.2 The contract is not based on an agreed term.
4.3 A termination before the beginning of the contract is not provided for. It is only possible if the service provider will not fulfil his contractual obligations. If the Client terminates the contract before the start of the contract contrary to this section 4.3, the Service Provider shall be adequately compensated for his loss of work. A flat rate of EUR 300 is agreed for this purpose.
4.4 The service price is based on the scope of the work activity owed. This finds its legal basis in the provisions of the service contract §§ 611 ff. BGB.
4.5 All payments are due 5 days after invoicing with 5% discount and 7 days without any deduction. If the payment dates are exceeded, the Service Provider is entitled to default interest of 2% – above the reference interest rate of the European Central Bank in accordance with the Discount Rate Transition Act – without further reminder. The right to assert a claim for damages in excess thereof remains unaffected.
4.6 Cash expenses and special costs incurred by the Service Provider at the express request of the Client shall be charged at cost price.
4.7 All services provided by the Service Provider are subject to value added tax at the current statutory rate of 19%.
5. scope of services
5.1 The services to be provided by the service provider usually include the detailed tasks listed in the order placed by the client.
5.2 The service provider shall periodically inform the client of the results of his work.
5.3 If the service provider is actually unable to perform the contractually owed services, the service provider must inform the client immediately.
5.4 The service provider shall provide the equipment and personnel required to perform the services.
The Parties shall endeavour to the best of their knowledge and belief to assist the Contractor in the performance of the respective obligation by providing information, advice or experience in order to ensure a smooth and efficient workflow for both Parties.
5.5 The warranty period begins with the receipt of the FTP access data or with the transmission of the data to a person named by the client and ends after the expiry of the one-month period.
5.6 Backlinks placed by us are placed in the highest quality under industry-specific attachments and are provided with keywords. A complete list of verifiable links shall be considered as proof. As soon as these have been fully executed and can be verified, this part of the contract is considered fulfilled.
The fact that Google does not always show all links, which can be explained with technical obligations, we are obliged to keep the above mentioned list as proof.
6. obligation of secrecy
The Service Provider undertakes to maintain secrecy about all operational and business secrets of the Client during the term of the employment relationship and also after its termination.
7. contractual penalty
In the event of culpable failure to commence the contractually owed activity or breach of contract or premature termination due to culpable conduct in breach of contract, the service provider undertakes to pay the client a contractual penalty of EUR 300.
8.1 Claims for damages against the service provider are excluded, unless they are based on intentional or grossly negligent conduct of the service provider himself or his vicarious agents. The limitation period for the assertion of claims for damages is three years and begins at the time when the act triggering the obligation to pay damages was committed. Should the statutory limitation periods result in a shorter limitation period for the Service Provider in individual cases, these shall apply.
8.2 The statutory provisions of the German Civil Code shall apply to all other claims for damages.
8.3 In terms of the amount, the liability of the Service Provider is limited to the damages typical for comparable transactions of this kind, which were foreseeable at the time of the conclusion of the contract or at the latest when the breach of duty was committed.
8.4 The liability of the service provider for consequential harm caused by a defect on the legal grounds of positive breach of contract is excluded, if and to the extent that the liability of the service provider does not result from a breach of duties essential for the fulfilment of the purpose of the contract.
9. place of jurisdiction
9.1 The business relationship between the parties shall be governed exclusively by German law.
9.2 The agreement on the place of jurisdiction applies equally to domestic and foreign customers.
9.3 Place of performance and jurisdiction for all services and disputes is the respective place of performance.
10. other provisions
10.1 No subsidiary agreements to this contract exist. Amendments or supplements must be made in writing to be legally effective.
10.2 An amendment to item 10 of the contract must also be made in writing.10.3 The customer is entitled to assign his claims arising from the contract.
11 Severability Clause
Should one or more of the above provisions be invalid, this shall not affect the validity of the remaining provisions. This also applies if within a regulation a part is invalid, but another part is effective. The invalid provision shall be replaced by the parties by a provision which comes closest to the economic interests of the parties to the contract and which does not contradict the other contractual agreements.