1 Scope and Contracting Party
1.1 These General Terms and Conditions apply to contracts with Göke M. Frerichs, operating under gmfmedien, Kirchstr. 7, 61462 Königstein im Taunus, Germany, Email info@gmfmedien.de, Phone +49 6174 9324-78, hereinafter referred to as "gmfmedien".
1.2 The offer from gmfmedien is exclusively directed at entrepreneurs within the meaning of § 14 BGB who are acting in the exercise of their commercial or independent professional activity at the time of concluding the contract, as well as at legal entities under public law and special funds under public law. Contracts with consumers within the meaning of § 13 BGB are not concluded on the basis of these T&Cs.
1.3 The customer provides accurate information about their identity, company, and business order. gmfmedien may request suitable proof of entrepreneurial status before the contract is concluded. A mere declaration does not change the customer's actual legal status.
1.4 These T&Cs cover, in particular, agency services, consulting, design, web development, online marketing, ongoing support, and digital products. Digital products can also be offered directly via gmfmedien. For offers under other brands, particularly LODIMA, these T&Cs only apply if they are expressly included in the contract there and gmfmedien is the contractual partner.
1.5 Individual agreements take precedence. Otherwise, the service description and special service conditions agreed upon at the conclusion of the contract take precedence over these GTC. Deviating GTC of the customer are only valid if gmfmedien has agreed to their validity. The mere provision of services or acceptance of payment does not constitute such agreement.
1.6 The version included at the conclusion of the contract is decisive. For further orders, these GTC apply if this is agreed. Their publication on a website does not constitute an agreement on their inclusion.
2 Offers and Conclusion of Contract
2.1 General service descriptions on websites are non-binding invitations to inquire or order. An offer individually addressed to the customer is binding within the period specified therein, unless it is expressly designated as non-binding. If no period is specified, it can be accepted within 14 calendar days of receipt.
2.2 A contract is concluded by the acceptance of a binding offer or by the acceptance of a customer order by gmfmedien. Declarations can be made in particular by e-mail or via an agreed order system. As far as no legal form is prescribed, oral agreements can also be effective. For documentation purposes, the scope of services and remuneration should be recorded in text form.
2.3 In an online shop operated by gmfmedien, the customer submits a binding offer by clicking the final order button. The contract is concluded when gmfmedien expressly accepts the order or provides the ordered product. An exclusively automated confirmation of receipt does not constitute acceptance unless it expressly declares acceptance of the contract at the same time. If acceptance does not occur within five working days, the customer is no longer bound by their order; any payments already collected will be refunded immediately. Working days are Monday to Friday, excluding public holidays at the seat of gmfmedien.
2.4 For sales via external platforms, the respective order process determines who the seller and contractual partner is. If the platform acts in its own name as a reseller, the purchase contract is governed by its terms and conditions. Payment processing by a payment service provider alone does not make them the seller.
2.5 The contract language is German, unless otherwise agreed. gmfmedien provides the customer with the order confirmation and the included terms and conditions in text form or in a storable version.
3 Scope and Type of Service
3.1 The specific order determines the delivery items, functions, scope, deadlines, remuneration, revision rounds, and responsibilities. Without a corresponding agreement, additional language versions, content, functions, interfaces, migrations, and ongoing support are not part of an individual project.
3.2 Consulting services, strategic sparring, and ongoing marketing support are generally provided as services. When creating an agreed-upon website, design, text, software function, or other specific work result, the performance obligation is based on the agreed-upon result. The legal classification is based on the actual contract content; a designation used in these GTC does not change this.
3.3 gmfmedien owes a professional service in accordance with the agreed-upon quality. Specific rankings, inclusion in search engines or AI answers, reach, sales, applications, or a certain number or quality of inquiries are only owed if they are expressly agreed upon as a binding performance success. Goals, forecasts, and planned values alone are not a guarantee of success.
3.4 Legal or tax advice is not part of the agency's services. Legal texts are to be provided or approved by the client or their expert advisor. Agreed technical requirements, for example for consent management, accessibility, or data security, remain unaffected by this delimitation. gmfmedien will point out significant legal or technical risks recognizable within the scope of the commissioned activity.
3.5 gmfmedien may use suitable freelance employees and subcontractors and remains responsible for the owed service. Confidentiality, data protection, and in particular agreed requirements for sub-processors must be observed. If the personal performance of a specific person is expressly agreed, their essential replacement will only occur in coordination with the client.
4 Cooperation and approvals
4.1 The customer shall designate a contact person with decision-making authority and provide the agreed information, content, access and approvals in a timely manner. They shall inform gmfmedien of relevant changes to the systems being managed and of any special technical, industry-specific or organizational requirements, insofar as these are recognizably relevant to the performance of the services.
4.2 The customer shall in particular check factual information, prices, product claims and company data for which they are responsible. gmfmedien remains responsible for its own professional performance. Customer approval neither eliminates unknown defects nor errors for which gmfmedien is responsible.
4.3 Approvals should be given in text form. Silence regarding a draft, a modification proposal or an approval request shall not be deemed consent. The statutory acceptance fiction pursuant to section 8 remains unaffected.
4.4 If required cooperation is missing, gmfmedien will point this out and, if necessary, set an appropriate deadline. Performance deadlines are extended by the proven delay, including an appropriate restart time. gmfmedien will inform about the consequences and avoid avoidable additional costs.
4.5 Claims due to missing or delayed cooperation are based on the statutory requirements, in particular §§ 280, 642 and 643 BGB. Mere delay of the project does not trigger a flat daily fee. Additional commissioned services will be remunerated according to number 5; double remuneration for the same effort is excluded.
4.6 Access rights should be set up via personal user accounts wherever possible and only to the necessary extent. Security-relevant information is exchanged via an agreed, suitable transmission channel. Backup responsibilities are governed by Section 10; they are not implicitly altered by the granting of access.
5 Changes and Additional Services
5.1 Change requests are reviewed for their impact on performance, schedule, and costs. gmfmedien discloses significant impacts prior to implementation. Additional services subject to a fee are only provided after a corresponding order has been placed. If an extensive change review is to be subject to a fee, this will be agreed upon in advance.
5.2 For remuneration based on effort, the agreed rates apply. If there is no price agreement, the remuneration will be coordinated before the additional service is performed. Necessary measures to avert an imminent loss can be taken within the scope of an granted emergency authorization; statutory rights and obligations remain unaffected.
5.3 The elimination of a defect owed by gmfmedien is not a chargeable additional service. A subsequent change to previously agreed requirements, on the other hand, can be a service that must be commissioned separately.
5.4 If a binding budget has been agreed, it must not be exceeded without the customer's consent. If a foreseeable significant overrun of a non-binding effort estimate occurs, gmfmedien will inform the customer immediately and coordinate the further procedure.
6 Remuneration and Payment
6.1 All prices are directed exclusively at business customers and are exclusive of statutory value-added tax, where applicable. The quotation, price agreement, or product prices displayed before the order are decisive. Statutory special provisions for cross-border services remain unaffected.
6.2 Advertising budgets, platform fees, hosting, domains, third-party licenses, travel expenses, and other third-party costs are only included if agreed upon. Paid third-party services in the name or on behalf of the customer require the customer's commissioning or a corresponding budget approval. Surcharges or agency fees will be agreed upon in advance.
6.3 Fixed prices apply to the agreed scope of services. When billing based on effort, gmfmedien documents the billable activities and time spent in a comprehensible manner. Performance-based billings are issued after the service has been provided, and generally monthly for ongoing services. The due date of a work remuneration is based on legal regulations, unless an effective payment plan has been agreed upon.
6.4 Advances and payment plans are agreed upon in the order. Installment payments can be requested to the extent permitted by law for services already rendered. For standardized digital products, payment before provision may be agreed upon during the ordering process.
6.5 Unless otherwise agreed, proper invoices are to be paid within seven calendar days of receipt, but not before the occurrence of the statutory or contractually agreed due date. The occurrence of default is governed by statutory regulations. Default interest and default costs will only be asserted to the statutory extent.
6.6 Invoices are transmitted electronically to the agreed invoice address. Where required by law, this is done as a structured electronic invoice. The customer additionally agrees to the transmission of other electronic invoices, in particular PDF invoices, insofar as these are legally permissible.
6.7 The customer may offset with undisputed, legally established counterclaims or counterclaims originating from the same contractual relationship. Rights of retention based on claims from the same contractual relationship remain unaffected.
6.8 In the event of substantial payment default, gmfmedien may withhold further services to a legally permissible and proportionate extent after an unsuccessful, reasonable payment deadline and prior notice. Systems or accesses already provided will not be blocked solely on the basis of this clause. Statutory termination rights remain unaffected.
7 Dates and Performance Obstacles
7.1 Agreed binding dates shall apply. Non-binding scheduled dates will be designated as such. gmfmedien will immediately inform about recognizable significant delays and coordinate necessary adjustments with the customer.
7.2 Events beyond a party's reasonable control, which cannot be avoided even with reasonable precautions, may delay the affected service for the duration of the hindrance plus a reasonable restart period. The affected party shall immediately inform about the cause, expected duration, and possible remedial measures. Staff shortages, normal technical disruptions, and difficulties of a subcontractor shall not be deemed force majeure solely for that reason.
7.3 If performance becomes permanently impossible or further adherence to the contract becomes unreasonable, the rights of both parties shall be governed by law. Payments received for services no longer to be provided shall be refunded, provided there is no statutory entitlement to remuneration.
8 Creation and Acceptance of Work Results
8.1 For work services, the agreed service description, documented additions, and agreed acceptance criteria are decisive. Supported browsers, devices, interfaces, and technical environments are determined according to the project requirements. If a detailed agreement is lacking, the result must be suitable for the use presupposed in the contract, or otherwise for customary use, and have the quality owed by law.
8.2 Upon completion, gmfmedien makes the result available for inspection and requests acceptance within a reasonable period. For manageable website projects, this is regularly 14 calendar days; scope, complexity, and necessary tests may require a longer period.
8.3 Acceptance may not be refused due to immaterial defects. Identified defects should be described in a comprehensible manner. Acceptance fiction occurs exclusively under the statutory requirements of Section 640 (2) of the German Civil Code (BGB), in particular if the customer does not refuse acceptance within the reasonable period set while specifying at least one defect. gmfmedien points out this legal consequence in the request for acceptance.
8.4 Defect rights remain in effect to the statutory extent. A draft approval does not constitute acceptance of the overall work. Partial acceptances require a corresponding agreement on separable, independently verifiable services.
8.5 A publication or productive use shall not be treated as acceptance solely on the basis of these terms and conditions. Statutory regulations regarding acceptance declared expressly or through conclusive behavior remain unaffected. Publication shall take place following appropriate approval or within the scope of an expressly agreed publication order.
8.6 gmfmedien shall hand over the files, configurations, and access data required for the agreed operation and ongoing support covered by the order. In the case of individually created websites or software components, this generally also includes the corresponding project-specific source code as well as any existing build and installation instructions required. Limitations due to agreed third-party products shall be disclosed prior to the conclusion of the contract.
8.7 Internal tools, general development environments, unselected drafts, and uncommissioned open design files are only to be handed over by separate agreement. They must not be used to prevent a contractually owed handover. A handover that is already owed will not be billed additionally; separate migrations, training, or additional documentation can be commissioned.
9 Marketing and external platforms
9.1 For SEO, Local SEO, AEO, GEO, advertising, social media, email marketing, content, and analytics, the activity is based on the agreed measures, responsibilities, and budgets. Required publication and budget approvals are defined in the order. Ongoing optimization within an explicitly approved framework does not require a new individual commission for each measure.
9.2 Advertising budgets are separate from agency remuneration. Platform accounts shall, as far as technically possible and unless otherwise agreed, be operated in the name and under the control of the client. gmfmedien shall receive the rights required for the management. Balances financed by the client and client-related accounts shall remain the economic property of the client, subject to the terms and conditions of the respective platform operator.
9.3 Platform operators make independent decisions regarding approval, delivery, account suspensions, prices, rankings, and the presentation of content. gmfmedien does not guarantee third-party decisions, but remains responsible for its own breaches of duty, the agreed-upon management, and necessary notices.
9.4 The customer is responsible for the legality of their business operations, the provided product information, and the necessary legal basis for the address and customer data supplied by them. gmfmedien is responsible for its own contractual implementation. Consent management and tracking will be set up according to the agreed concept; technical setup does not replace a legal review of this concept.
9.5 Reports are based on the specified available data sources. Measurement gaps due to missing consents, technical limitations, or platform methods will be explained if they are of significant importance. Key figures from different systems may differ from each other. A complete capture of all users or business results is not owed without an explicit agreement.
10 Maintenance and Ongoing Support
10.1 Maintenance, security updates, monitoring, backups, recovery, and on-call services are only owed to the extent they are agreed upon. The contract should define the scope, systems maintained, maintenance intervals, response times, and responsibilities. A response time refers to the start of processing and, without a separate commitment, is not a guaranteed resolution time.
10.2 Without a separate agreement, there is no 24/7 support. The statutory defect rights arising from a creation order are not restricted by the absence of a maintenance contract.
10.3 Before changes performed by gmfmedien where, in professional judgment, there is a significant risk of data loss, gmfmedien shall ensure an appropriate backup or a coordinated recovery path. Responsibility for regular operational backups otherwise follows from the order. If the client performs these themselves, gmfmedien will point out discernible, significant backup gaps.
10.4 Required work due to subsequent changes by third parties, discontinued products, or additional customer requirements are included as per the maintenance agreement or must be commissioned separately. The elimination of our own defects remains free of charge.
10.5 For agreed hourly contingents or capacity flat rates, the scope, call-off, any transferability, and billing will be regulated in the order. Automatic expiration of paid credits is not stipulated by these GTC. For expressly agreed capacity reservation, remuneration may also be owed for the agreed availability.
11 Digital Products and Access Rights
11.1 Digital products can include e-books, playbooks, templates, checklists, media, recordings, downloads, software, or time-limited online access. Content, file format, functions, technical requirements, scope of use, provision time, and, if applicable, access duration are detailed in the product description before ordering.
11.2 Provision is made via the announced method, such as download, email, or user account. For downloads, unless otherwise agreed, gmfmedien will keep the download available for at least 30 calendar days after provision. The customer is responsible for saving the file for their own use. A provision error attributable to gmfmedien does not shorten this period; statutory rights of fulfillment and defects remain unaffected.
11.3 Upon full payment, the customer receives, unless otherwise agreed in the product description, a simple, non-exclusive right to use the product within their own company for their own operational purposes and to make the necessary internal copies for this. Employees and service providers commissioned for support may use it for these purposes, provided that agreed user numbers or named individual licenses are adhered to.
11.4 For templates offered as editable, the license includes the adaptation and intended use of the resulting own work results, including their intended publication. Not included are the resale of the original product, its public provision as a template, use as your own training product, or distribution for independent use by third parties. Use for customer projects, multi-tenant, or resale models requires a corresponding product license. Mandatory statutory usage rights remain unaffected.
11.5 The use of properly acquired downloads is generally unlimited in time. For limited access, the right of access ends at the agreed time; explicitly granted permanent rights to downloaded content remain in effect. New editions, functional expansions, individual adjustments, and ongoing advice are only included if this was promised before ordering. Statutory or contractual error corrections and updates remain unaffected.
11.6 Access data must be secured against unauthorized use. If there are specific indications of misuse, gmfmedien may temporarily block the affected access to the extent necessary. The customer will be informed of the reason and given an opportunity to clarify. If prior notification is not possible for security reasons, it will be provided immediately afterward. The block will be lifted as soon as its cause ceases to exist. Claims for remuneration, reimbursement, and other claims are governed by the contract and the law.
11.7 A statutory right of withdrawal solely based on consumer protection regulations does not exist for the business customer contracts regulated here. Mandatory statutory rights, particularly if the Distance Learning Protection Act applies, remain unaffected. A blanket waiver of such rights is not agreed upon.
12 Consultation and Events
12.1 Individual consultations, workshops, and training sessions are tailored to the agreed-upon goal, format, scope, and participant group. Individual consultation focuses on addressing specific operational questions. Whether a service is legally classified as instruction or consultation depends on its agreed content and focus.
12.2 For digital materials, individual support, task review, and personal feedback on learning progress are only included if they are explicitly part of the offer. This service delineation does not preclude the legal applicability of the Distance Learning Protection Act. For offers falling under this act, the necessary legal information, any required authorization, and corresponding special contractual conditions must be provided before the contract is concluded.
12.3 Appointments are binding. A claim for free postponement or cancellation only exists if it has been agreed upon or arises from the law. In the event of cancellations, non-attendance, or early termination, claims for remuneration shall be governed by the respective contract type and the statutory requirements. Saved expenses and attributable other earnings will be taken into account. A flat-rate retention of the entire fee is not agreed upon.
12.4 If gmfmedien cannot carry out an appointment, the customer will be informed immediately. An alternative appointment will be agreed upon by mutual consent. If this is not possible and the performance obligation is not met, the remuneration attributable to it will be refunded. Further statutory rights remain in effect, taking into account clause 18. A minimum number of participants and a cancellation option based on it only apply if the minimum number and the latest cancellation date were agreed upon before booking.
12.5 Recordings of conversations or events, including automated transcriptions, will only be made on a legally permissible basis and after prior notification of the persons concerned. Necessary consents must be obtained before commencement.
13 Usage rights for individual services
13.1 The customer receives the usage rights necessary for the agreed contract purpose for work results individually created for the customer after full payment of the remuneration owed for them. Unless otherwise agreed, these are granted as simple usage rights, unlimited in time and space. Exclusive rights must be expressly agreed. Until full payment, the customer may use the result for review and acceptance; further preliminary use may be agreed upon.
13.2 For commissioned websites, the purpose of the contract includes their operation, publication, securing, processing, and further development by the customer or service providers commissioned by them. The rights can be transferred to a legal successor together with the associated website or the respective business operation. Rights to third-party components that are only rented or otherwise subject to limited licensing are governed by their disclosed license conditions.
13.3 Already existing methods, general know-how, reusable components, tools, and unselected drafts remain with gmfmedien or the respective rights holders. To the extent that such components are incorporated into the delivered result, the customer receives the rights necessary for its agreed use. The reuse of general components by gmfmedien must not violate confidential customer information and agreed exclusive rights.
13.4 Rights to content provided by the customer remain with the customer or the respective copyright holders. The customer grants gmfmedien the usage and processing rights necessary to execute the order.
13.5 Rights to open-source software, fonts, images, themes, plugins, and other third-party components are governed by their respective license terms. gmfmedien shall inform about significant usage restrictions and follow-up costs prior to their paid use and provide the necessary license notices. Rights that gmfmedien does not hold are not promised as its own exclusive rights.
13.6 Reference naming, use of the customer logo, or publication of project details not yet publicly known shall take place with the prior consent of the customer. Additional agency branding on the customer website shall be agreed upon separately. Statutory moral rights of authors and mandatory third-party license notices remain unaffected.
14 Third-party rights and customer content
14.1 The customer ensures that they are permitted to use the content, data, and binding specifications they provide for the agreed purpose. gmfmedien observes its own contractual duties of examination and care for self-procured and created components. Free sources are not exempt from this.
14.2 If gmfmedien is legitimately held liable by third parties due to a rights infringement culpably caused by the customer through their content or binding specifications, the customer shall indemnify gmfmedien from these claims and necessary reasonable legal defense costs to the extent of their responsibility. This shall not apply to rights infringements based on unauthorized modifications or fault on the part of gmfmedien; in the event of contributory negligence, the respective responsibility shall be taken into account.
14.3 gmfmedien shall inform the customer immediately of any asserted claims, allow the customer appropriate participation in defending against them, and shall not acknowledge any claims without the customer's consent, unless there is a mandatory legal obligation to do so. Consent must not be unreasonably withheld. Both parties shall support each other in clarification and mitigation of damages.
15 Data Protection and Confidentiality
15.1 The parties shall process personal data in accordance with the applicable data protection regulations. Information regarding processing by gmfmedien can be found in the privacy policy at https://www.gmfmedien.de/datenschutz.html. These GTC do not constitute consent to advertising or any other data processing going beyond the performance of the contract.
15.2 Insofar as gmfmedien processes personal data on behalf of the customer, the parties shall conclude an agreement pursuant to Art. 28 GDPR before the commencement of such processing. The subject matter, instructions, technical and organizational measures, sub-processors as well as return and deletion shall be governed therein. A general permission to use subcontractors does not replace these requirements.
15.3 The parties shall treat non-public commercial, technical and other information that is marked as confidential or is confidential in nature as confidential. They shall use it solely for the purpose of the contract and make it accessible only to persons who require it for this purpose and are appropriately bound to confidentiality.
15.4 The obligation does not apply to information that was already lawfully known, becomes public without a breach of obligation, is lawfully obtained from third parties, or is independently developed. Disclosures required by law remain permissible; where permitted, the other party shall be informed in advance. The obligation of confidentiality shall survive the termination of the contract as long as a legitimate interest in secrecy exists. The statutory protection of trade secrets remains unaffected.
15.5 The intended use of acquired knowledge and work results granted under the contract is not prohibited by the obligation of confidentiality. A contractual penalty is not established by these GTC.
16 Use of AI and Automation
16.1 gmfmedien may use suitable digital tools, including AI, to support the contracted services, provided that agreed requirements, third-party rights, confidentiality, and data protection are observed. Responsibility for the contractual performance and the necessary professional review remains with gmfmedien.
16.2 Confidential customer information and personal data will only be transmitted to external AI systems if this is legally permissible, covered by the agreed processing purpose, and compatible with the agreed protective measures. If the customer's consent or a data protection agreement is required, it will be obtained in advance. The use of such data for the general training of external AI models is not permitted under these Terms and Conditions.
16.3 For largely AI-generated deliverables, gmfmedien informs the customer about relevant limits regarding protectability and the granting of exclusive rights. If a specific exclusivity or copyright protectability is required, this must be coordinated prior to the respective use. The inspection of the agreed quality as well as possible recognizable legal violations is not waived.
16.4 For automated publications, budget changes, or other outwardly effective actions, authorities, limits, and required approvals are specified in the order. A general consulting order does not automatically permit such actions.
17 Defects and Complaints
17.1 The statutory defect rights apply according to the respective type of contract. These General Terms and Conditions do not shorten the statutory limitation periods. For services, rights regarding breaches of duty are governed by the applicable statutory provisions.
17.2 Complaints should be reported as promptly as possible and with a comprehensible description. In the case of technical errors, affected functions, the environment, and, if possible, steps for reproduction should be communicated. This cooperation does not establish an additional preclusive period for claims.
17.3 Insofar as the law provides for priority of subsequent performance, gmfmedien shall be given the opportunity for inspection and subsequent performance within a reasonable period. Cases in which setting a deadline is legally dispensable remain unaffected. The statutory rights in the event of failed or unreasonable subsequent performance shall continue to exist.
17.4 A subsequent modification by the customer, a third party, or a platform provider does not cause claims to lapse across the board. However, gmfmedien is not liable for a malfunction to the extent that it is exclusively based on such a modification for which gmfmedien is not responsible. The statutory rules on the burden of presentation and proof remain unaffected.
17.5 An inspection and notification duty pursuant to Section 377 of the German Commercial Code (HGB) only applies insofar as its legal prerequisites are actually met. It is not generally extended to all agency services by these General Terms and Conditions.
18 Liability
18.1 gmfmedien shall be liable without limitation in cases of intent and gross negligence, for culpable injury to life, body or health, for fraudulent concealment of a defect, as well as under the Product Liability Act and other mandatory statutory liability provisions. In the event of an assumed guarantee, liability shall be governed by its content.
18.2 In the case of simple negligence, gmfmedien shall only be liable outside the cases specified in Section 18.1 in the event of a breach of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and upon whose observance the customer may regularly rely. In such cases, liability is limited to the typical, foreseeable damage at the time of contract conclusion.
18.3 Otherwise, liability for simple negligence is excluded. The limitations set forth in Sections 18.2 and 18.3 also apply in favor of the legal representatives, employees, and vicarious agents of gmfmedien. Furthermore, no blanket exclusion of indirect damages or lost profits is agreed upon.
18.4 Contributory negligence on the part of the customer, in particular the culpable breach of a security or damage mitigation obligation assumed by them, shall be taken into account in accordance with § 254 BGB (German Civil Code). The customer's own agreed backup and protection obligations towards gmfmedien remain unaffected. A failure by the customer to perform data backups does not automatically lead to a complete exclusion of liability.
19 Term and Termination of Contract
19.1 Project contracts end upon provision of the agreed services, without prejudice to continuing rights and obligations. Terms and notice periods for ongoing support and time-limited product access are agreed upon in the respective order. Timed access is only extended if an extension rule was expressly agreed upon prior to contract conclusion.
19.2 If neither a fixed term nor a notice period has been agreed for ongoing support, it shall run for an indefinite period and may be terminated by either party with a notice period of one month to the end of the month.
19.3 Statutory termination rights, in particular for good cause, remain unaffected. In the case of service contracts, the client's right of termination pursuant to Section 648 of the German Civil Code (BGB) remains in effect. To the extent that Section 627 BGB is applicable to a specific consulting contract, the right of termination regulated therein is not excluded. Claims for remuneration and reimbursement in the event of early termination shall be governed by statutory provisions; expenses saved and other earnings to be offset shall be taken into account.
19.4 Terminations may be declared in text form, in particular by e-mail to info@gmfmedien.de, provided that a stricter statutory form is not mandatory. Required warnings and setting of deadlines shall be governed by law. An insolvency event alone does not establish any additional right of termination through these General Terms and Conditions.
19.5 After the contract ends, the owed handover of customer accounts, documents, work results, and access credentials will take place. The granted and paid-for exploitation rights remain in effect to the agreed extent. Additional support for a provider change will only be billed upon separate commissioning. Statutory retention rights remain unaffected.
19.6 Return, further retention, and deletion are governed by the contract, any data processing agreement that may have been concluded, and statutory obligations. Before any planned deletion of customer data that is still to be handed over, the customer will be given a reasonable opportunity to retrieve it. Statutory retention obligations do not establish an unlimited obligation to restore or archive operational customer systems.
20 Final Provisions
20.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory statutory provisions remain unaffected.
20.2 Insofar as both contracting parties are merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is the court locally competent for the registered office of gmfmedien. Otherwise, the statutory jurisdictions shall apply. In the case of cross-border contracts, jurisdiction agreements shall only apply insofar as they are permissible under the applicable international regulations.
20.3 Amendments to ongoing contracts and the general terms and conditions applicable to them require an agreement. Mere silence regarding a notification of amendment shall not be deemed consent. A new website version does not automatically apply to existing contracts.
20.4 Individual agreements continue to take precedence even if they were not made in text form and no statutory form requirement prevents this. Should individual provisions be invalid or not become part of the contract, the consequences shall be governed by statutory provisions, in particular § 306 BGB. An automatic replacement by the economically closest provision is not agreed.