General Terms and Conditions

The following General Terms and Conditions apply to all legal transactions with consumers and businesses with

hereinafter referred to as gmfmedien or "we". The legal transactions can be concluded by telephone, e-mail, contact form, messenger, or via the website.

The language available for concluding the contract is exclusively German. Translations into other languages are for your information only. The German text takes precedence in case of any differences in language usage.

These terms and conditions apply exclusively. gmfmedien does not recognize any conflicting or deviating terms and conditions used by the customer, unless we have expressly agreed to their validity in writing or in text form.

The law of the Federal Republic of Germany shall apply, excluding international private law and the UN Convention on Contracts for the International Sale of Goods applicable in Germany, if

• you have your usual place of residence in Germany or
• You as an entrepreneur book a service / buy a product or
• Your habitual residence is in a state that is not a member of the European Union

In the event that you are a consumer within the meaning of § 13 BGB and have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions more favorable to the consumer of the state in which you have your habitual residence remain unaffected.

A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

For Swiss consumers, substantive Swiss law applies exclusively. For business customers from Switzerland, German law is agreed upon.

Depending on the service provided by gmfmedien, additional agreements may be made. These agreements, e.g. a website maintenance contract, an SEO agreement, or a license agreement for the use of graphic services, supplement these General Terms and Conditions. In the event of a dispute, the individual agreements made shall take precedence over these General Terms and Conditions.

The version of these GTC valid at the time of the order applies. The status of the GTC can be found at the end of the document.

The prices valid at the time of commissioning a service apply.

If specific discount or promotional offers are advertised, they are limited in time or quantity. There is no entitlement to them.

The subject of the contract can be the following services:

• Consulting on web hosting
• Consulting on website elements
• Structure and conception of a website
• Website creation
• Creation of parts of a website
• Ongoing maintenance of a website (a separate additional contract regarding duration, terms, etc. will be concluded for the maintenance of the website)
• SEO (there is a separate additional agreement for this area)
• Coaching / Consulting
• Online Courses

hereinafter referred to as "Services or Web Design or Graphic Design Services".

This list is not exhaustive. You can find the current services and offers at gmfmedien.de

In an initial consultation, gmfmedien clarifies your needs – usually by phone / via Google Meet – before preparing a quote. This consultation serves as the basis for creating a customized offer.

The initial consultation (clarification of the topic, framework conditions, and organizational matters) takes approx. 60 minutes and is free of charge and without obligation.

After the initial consultation, gmfmedien will send you a quote and a questionnaire, which forms the basis for collaboration.

This concerns access to digital products and consulting services. No goods will be shipped.

If you pay by prepayment / bank transfer, there may be a delay in the delivery of the product. When paying via PayPal, you will receive immediate access to your product.

You will receive the access data for your digital product via e-mail or, depending on the product, via e-mail with a download link or via your customer account after registration. You can download the product a maximum of three times within 14 days via this link.

The login data (username, password, etc.) provided by you during registration must be kept secret by you and not made accessible to unauthorized third parties. Above all, make sure that you also choose a secure password.

Ensure that access to and use of paid products using your user data is carried out exclusively by you or authorized users. If there are facts that justify the assumption that unauthorized third parties have gained knowledge of your access data, you must notify us immediately so that we can arrange for blocking or modification.

We can temporarily or permanently block your access if there are concrete indications that you are violating or have violated these terms and conditions and / or applicable law, or if we have any other legitimate, significant interest in blocking. When deciding on a block, we will take your legitimate interests into account appropriately. You will not be entitled to a refund or any further claims in this case.

A claim to access only exists after successful payment for the digital product.

To carry out and process a booking, gmfmedien requires the following data from you:

• Company Name
• First and last name
• Telephone number
• E-mail address
• Address data (for proper invoice creation)

If you wish to create a customer account, we require the data mentioned in paragraph 1 and a password of your choice.

We use the data you provide exclusively for the fulfillment and processing of your order(s) without your separate consent. Any further use of your personal data for advertising, market research, or for the needs-based design of our offers requires your express consent.

You have the option to do this consent before placing the order. This declaration of consent is voluntary and can be revoked by you at any time.

The data provided by you will remain stored in your customer account until you request its deletion yourself.

Without setting up a customer account, we will only store the data within the scope of our tax and commercial law obligations.

If your personal details change, please send us an email to support@gmfmedien.de with your changed contact details.

In accordance with the cancellation policy, you have a right of withdrawal.

A consumer is any natural person who concludes a legal transaction for purposes that can be predominantly attributed neither to their commercial nor their independent professional activity.

The cancellation period begins with the conclusion of the contract. The contract is concluded the moment you have accepted the offer from gmfmedien. You can revoke your order free of charge within 14 days, whereby the dispatch of the corresponding form is sufficient to observe the deadline.

When purchasing a physical product, the cancellation period begins when you or a person authorized by you has received the goods. You can cancel your booking free of charge within 14 days, whereby the dispatch of the corresponding form is sufficient to observe the period.

There are the following special features regarding the right of withdrawal for digital products:

If a digital product (e.g., an online course, an e-book, an audio file) is purchased and you are directly provided with the entire content, you waive your right of withdrawal. We point this out directly BEFORE completing the order.

A consulting unit typically comprises 60 minutes.

The consultation usually takes place 1:1 or in groups with 6 participants.

Unless otherwise agreed between the parties, the coaching sessions will take place online via Google Meet.

Consulting is based on cooperation and mutual trust. Consulting is a free, active, and self-responsible process in which a specific success cannot be promised and is not owed.

You are fully responsible for your physical and mental health both during the session and in the phase between appointments. Any actions you may take as a result of the consultation are your own responsibility.

If you have a mental illness / have been medically diagnosed, ask your doctor if coaching can be useful. We reserve the right to terminate coaching in such cases.

The scope of services depends on the service booked.

Should a consultation on our part be canceled - e.g. due to illness - this appointment will be made up. In the event that this is not possible, you will receive the amount paid (pro rata) back.

If you cancel an appointment, whether the consultation will be made up or forfeited depends on the timing of the cancellation. You can find the regulations for this under 11.

Cancellation of a coaching appointment is free of charge up to 3 days before the appointment. You must then contact gmfmedien regarding a new appointment.

In case of cancellation from 3 days to 48 hours before the appointment, 50% of the (pro rata) amount is due.

In case of cancellation from 48 hours before the appointment, the full (pro rata) amount is due.

In case of termination of coaching / consulting by you, the full fee will be retained, unless a medical certificate is provided.

The cancellation must be in text form (e-mail) to the e-mail address info@gmfmedien.de take place.

We are entitled to cancel a group coaching / workshop at short notice if not enough participants have registered.

We are also entitled to cancel a 1:1 or group workshop if the speaker falls ill at short notice and no replacement can be provided.

In cases 1 and 2, we will first try to find a replacement date. If this is not possible, you will receive a refund of the participation fee. Further costs incurred by you, such as travel expenses, accommodation costs, etc., will not be covered.

If you act in breach of contract by violating these General Terms and Conditions, we have the right to exclude you from the coaching / workshop. This is particularly the case if you disrupt the course of the coaching / workshop and do not cease doing so even after a request.

We are also entitled to exclude you from coaching / workshops if you repeatedly fail to adhere to agreements made, e.g., by not attending appointments.

In cases 4 and 5, we will not refund any costs to you.

The files and documents may only be accessed (downloaded) and printed by you as our customer and only for your own further training. The download and printing of files are only permitted within this scope. In this respect, you as the customer may also have the printout made with the technical support of third parties (e.g. a copy shop).

Furthermore, all usage rights to the files and documents remain reserved. This means that you do not receive any additional usage rights. Therefore, in particular, the creation of copies of files or printouts for third parties, the distribution or forwarding of files to third parties, or other use for purposes other than your own studies, whether for a fee or free of charge, even after the termination of the consultation, requires our express prior written consent.

Any complete or partial commercial use is excluded.

The brands and logos listed on the documents are protected by trademark law / copyright law.

As a customer, you are obliged to use the documents and files accessible to you only within the scope expressly permitted here or allowed by mandatory legal provisions without our consent, and to prevent unauthorized use by third parties. This also applies after the termination of the consultation.

Forms of use that are permitted due to mandatory statutory provisions are of course exempt from this reservation of consent.

In our online marketing courses, we exclusively provide recommendations. The implementation of these recommendations is solely your responsibility.

The documents included in the course are templates that you must adapt to your company / your needs. No liability is assumed for the completeness and up-to-dateness of these documents.

The basic concept includes a basic layout for the home page and one subpage.

Based on the answers and results from the initial discussion, gmfmedien will create an offer and develop a maximum of three concept proposals.

After submitting the owed number of concept proposals, you must approve the proposal you want within two weeks to gmfmedien. This can also be done by e-mail.

If no approval is given within the specified period and there is no rejection of essential features of one of the concept proposals, gmfmedien can begin creating the website after the two-week period has expired based on the original concept. You will be reminded of this again.

If you reject the concept proposal(s) from gmfmedien in a substantially changed version that takes your wishes into account more than twice, gmfmedien has the right to terminate the contract and demand the proportionally agreed upon or an appropriate proportional remuneration for the concept development phase.

After you approve a concept proposal, gmfmedien will first create a prototype of the website based on it. This prototype is intended to indicate the planned page layout (appearance and content elements), the structure and navigation of the individual web pages, as well as their linking to each other. Specific content can be indicated with dummy text and placeholders.

The imprint and privacy policy are created based on the information provided by you. gmfmedien assumes no legal liability for correctness. No data protection or legal advice is provided.

After approval of the concept by you or the expiry of the deadline without feedback according to section 16 para. 4 of these GTC, gmfmedien will create the design / or the website according to the information obtained.

gmfmedien creates a website that is responsive and therefore adapts its display to different end devices (smartphones, tablets, desktop). Since internet pages and configurations of the various end devices are of a dynamic nature, gmfmedien cannot guarantee correct displays.

gmfmedien must transfer the created website to your sphere of control upon completion. gmfmedien can accomplish this by uploading the data to a server specified by you, by handing over a physical data medium, or in any other manner reasonable for you.

The copyrights arising from the overall website, the individual subpages, and integrated elements belong to gmfmedien.

gmfmedien grants the customer the full, unrestricted rights of use for all known and unknown types of use, except for the restrictions in para. 5 of this clause, without any content, spatial, or temporal limitations.

The rights of use remain with you even after the termination of the business relationship between you and gmfmedien until the end of the statutory protection period.

The granting of rights will only become effective according to § 158 para. 1 BGB once you have fully paid the remuneration determined according to the offer from gmfmedien, including previous expenses.

gmfmedien is entitled to use the website subject to the contract at any time for demonstration purposes or as a reference for its work. Your company name may be mentioned.

gmfmedien is entitled to be named as the author in the form of a notice on every website created by gmfmedien. gmfmedien may place this copyright notice itself and you are not authorized to remove it without the consent of gmfmedien.

You must provide gmfmedien with all information necessary for the development of the concept in a timely manner and express your wishes in a timely manner.

At the latest after approval of the concept, you must provide gmfmedien with all content required for the development and creation of the graphic service in the following form:

• Completed questionnaire for website creation
• Selected colors
• Design examples
• Texts as PDF files
• Images, graphics (incl. logos, buttons) (e.g. .png, .jpg, .gif)
• Information for interactive functions, such as purchased themes or plug-ins
• Videos (e.g. YouTube link, HTML5, Windows Media, MPG)

You as the customer are solely responsible for the procurement and acquisition of rights to these contents. You shall indemnify gmfmedien against all third-party claims in this regard.

You must answer questions from gmfmedien in writing within 3 working days.

Should delays occur in gmfmedien's planning due to a lack of cooperation from you as the customer, this will be compensated with 50% or 25% of a usual daily rate. You have the right to prove that the delay was not caused by you.

Upon completion of the website, you must check the website for completeness and accuracy within 14 days. After this period has expired, the website shall be deemed to have been properly created and accepted.

As part of the acceptance, gmfmedien provides a checklist that you can use to accept the website / graphic design. Any defects in the website / graphic design must be communicated in writing (email sufficient) to gmfmedien.

Deadlines provided for gmfmedien are always non-binding and only binding if they are expressly agreed in writing as fixed deadlines in individual cases.

Compliance by gmfmedien with a deadline or a bindingly agreed period requires that gmfmedien has received in due time all information, approvals or other contributions to be procured by you, including due installment payments. If this is not the case, the period shall be extended at least for the duration of these circumstances.

Force majeure, unavoidable circumstances or other unforeseeable, serious and uncaused events that significantly complicate or temporarily make impossible the provision of the service, entitle the respective party to postpone the fulfillment of the service by the duration of the impediment and a reasonable start-up period.

Billing is based on the fees stated in the respective gmfmedien offer and the due dates specified there.

The agreed prices are exclusive of statutory value-added tax for business customers. For consumer customers, we show prices inclusive of statutory value-added tax.

The creation of designs by gmfmedien at the customer's request is subject to a fee. The obligation to pay also applies if the submitted designs are not approved by you.

Deviations from the original offer, support with third-party software or with technical problems caused by third parties must be remunerated separately by the customer. The remuneration is based on the effort involved.

The customer is not entitled to assert a right of retention or to offset claims against payment claims by gmfmedien; unless these are undisputed or legally established counterclaims of the customer.

gmfmedien is entitled to invoice an advance payment of 50% of the agreed or expected remuneration after order placement. Otherwise, gmfmedien is entitled to invoice the customer for advance payments for partial services already rendered.

Invoicing by gmfmedien will take place after the partial or complete service has been rendered.

An invoice will generally be sent to you by e-mail in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to gmfmedien within 7 days.

If you are in default of payment or otherwise in default, gmfmedien is entitled to refuse the service or delivery until all outstanding payments have been made. In addition to default interest at the legally determined rate, you must pay EUR 5.00 for each reminder from gmfmedien. gmfmedien is also entitled to withhold, interrupt, delay, or completely cease services without being obliged to compensate for any resulting damage.

In some cases, gmfmedien also offers installment payments. The total amount may be increased compared to a full payment. You have the right to pay the full sum in whole or in part at any time before the agreed-upon deadline.

The contract between us can be terminated without notice for good cause. Good cause is always given if the trust relationship between the contracting parties is so permanently disturbed that the continuation of the contract is no longer reasonable.

There is a particularly important reason in particular:

• in case of non-payment of the deposit
• in case of repeated failure of the customer to fulfill their cooperation obligations
• in the event of a change in the shareholders or equity holders of the other contracting party, provided that this gives rise to a substantive reason against the continuation of the contract
• upon the opening of insolvency proceedings against the other contracting party or the rejection of the opening due to insufficient assets or liquidation

All fees incurred up to the time of termination must be paid to gmfmedien.

gmfmedien is entitled to use subcontractors in its own name to provide the agreed services or parts thereof, without requiring separate consent from you as the customer.

If you wish to have your website managed by a third party in the future, you will have to pay a reasonable amount for the handover of the source code. This amount will be determined by gmfmedien according to market practice.

You provide gmfmedien with your login data for the performance of services, such as website maintenance. gmfmedien does not pass on this data and ensures - within the bounds of what is reasonable - that the data is not accessible to others.

gmfmedien offers a confidentiality agreement.

The contracting parties shall maintain silence regarding all information that is to be treated as confidential and that they become aware of within the scope of the contractual relationship, and shall only disclose such information to third parties with the prior written consent of the other party.

You are aware that all information you receive during our collaboration regarding the manner of our service provision is subject to trade secrets. For this reason, you undertake to maintain the trade secret and to remain silent about the aforementioned information. Commercial use is prohibited in any case and always requires our express permission.

As part of a coordinated testimonial, you are authorized to speak / write about the way you work with us.

The obligation to maintain business secrecy remains in effect beyond the end of the cooperation between the parties.

Information is not affected by the confidentiality agreement,

• were already known prior to the confidentiality obligation,
• which were developed independently of gmfmedien,
• which were or are publicly accessible upon receipt of information or subsequently became publicly accessible through no fault of the contractor.

An appropriate contractual penalty is due for each breach of the confidentiality obligation.

gmfmedien shall be liable to you for damages only in cases of intent or gross negligence, except in cases of injury to body, life or health and in cases of breach of essential contractual obligations.

Otherwise, the liability of gmfmedien is limited to contract-typical and foreseeable damages. Reimbursement of foreseeable, typically arising damage is also limited to a maximum of 3 times the order value. Liability for indirect damages is excluded.

Colors are selected by you according to templates. It is unavoidable that minor color deviations may occur during the printing / production process. The parties therefore agree that minor color deviations do not constitute a material defect within the meaning of § 434 BGB.

The examination of legal questions regarding the services of gmfmedien, particularly but not exclusively in the areas of copyright, design, trademark, or competition law, is solely your responsibility and not the task of gmfmedien.

If gmfmedien is held liable by third parties for injunctions or damages due to the design or content of the services, you shall indemnify gmfmedien from liability and reimburse gmfmedien for all expenses incurred in legal defense.

For damage to documents handed over by the customer, gmfmedien's liability is limited to the material value of the information provided. gmfmedien is only liable for data loss if the conditions for liability are met and if the loss could not have been avoided by the customer's appropriate data backup measures.

gmfmedien is not liable for the availability or correct functioning of infrastructures, software or transmission paths of the internet that are not within the responsibility of gmfmedien.

All warranty claims by merchants against gmfmedien shall expire after a period of one year, unless a shorter statutory limitation period applies, except in cases of intent.

The aforementioned limitations of liability apply to all services provided by gmfmedien. In addition, the limitations of liability apply accordingly to employees or legal representatives of gmfmedien as well as third parties engaged by gmfmedien.

The terms and conditions written here are complete and final. Changes and additions to these terms and conditions should be made in writing to avoid ambiguities or disputes between the parties regarding the agreed contract content - with e-mail being sufficient.

If you had your place of residence or habitual abode in Germany when you concluded the contract and have either moved from Germany at the time of legal action by us or your place of residence or habitual abode is unknown at that time, the place of jurisdiction for all disputes shall be the location of our company in Königstein im Taunus.

We would like to point out that, in addition to legal recourse, the option of an out-of-court settlement of disputes is available to you in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the following internet address: EU platform for online dispute resolution.

Should a provision of this contract or a part of a provision be or become invalid, or should a gap in regulation requiring completion arise, this shall not affect the validity of the remaining provisions of this contract. The contracting parties undertake to replace any invalid provision with a new provision that comes closest to the legal and economic content of the invalid provision.

Online dispute resolution according to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS) which you can access at EU platform for online dispute resolution find. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.