General Terms and Conditions (GTC) – Asuly Media / Tammo Pastoor
1. Scope
These General Terms and Conditions (GTC) apply to all contracts between the Contractor (Asuly Media, Owner: Tammo Pastoor, Brüningskamp 24, 26810 Westoverledingen, Germany) and its Clients concerning marketing, consulting, and services in the field of social media marketing, paid advertising, and related services.
Deviating or supplementary terms and conditions of the Client shall only become part of the contract if expressly acknowledged in writing by the Contractor.
2. Services of the Contractor
The Contractor provides services in the field of social media marketing, in particular:
Conception, setup, and management of advertising campaigns (e.g., Facebook/Instagram Ads, Google Ads, LinkedIn Ads),
Ongoing optimization and adjustment of campaigns,
Consulting on online marketing strategy,
Preparation of reports on campaign results.
The specific scope of services shall be determined by the individual offer or contract.
The Contractor does not owe a specific economic success, but rather the proper execution of the agreed measures.
3. Duties of the Client
The Client is obliged to provide all information, data, access details, and materials (e.g., images, texts, login credentials) required for the performance of the services in a timely and complete manner.
The Client warrants that all provided content is free of third-party rights and that its use is lawful.
Delays caused by the Client’s lack of cooperation shall not be the responsibility of the Contractor.
4. Remuneration and Payment Terms
The remuneration shall be based on the fee agreed in the contract or offer.
All amounts are understood as net prices plus the applicable VAT.
Invoices are due within 14 days of invoicing without deduction.
The advertising budget for ads (e.g., Google Ads, Meta Ads) shall be paid directly by the Client to the respective platform provider and is not part of the agency fee.
5. Term and Termination
Contracts are concluded for the contractually agreed term.
Unless otherwise agreed, contracts are automatically renewed for one additional month unless terminated in writing with four weeks’ notice to the end of the month.
The right to extraordinary termination for good cause remains unaffected.
6. Liability
The Contractor shall be liable for damages only in cases of intent or gross negligence.
For slight negligence, the Contractor shall only be liable in the event of a breach of essential contractual obligations (cardinal obligations), limited, however, to the foreseeable, typical contractual damage.
Liability for indirect damages, lost profits, or unrealized economic success is excluded.
The maximum liability shall be limited to the amount of the last monthly fee paid by the Client.
7. Confidentiality and Data Protection
Both parties undertake to maintain confidentiality regarding all information disclosed during the collaboration.
The Contractor undertakes to comply with the applicable data protection laws (in particular the GDPR).
The processing of personal data shall take place exclusively within the scope of the agreed services.
8. Usage Rights
The Client shall receive simple usage rights to advertising materials (e.g., ads, creatives) created by the Contractor under the contract, provided that payment has been made in full.
Any further transfer of rights requires a separate written agreement.
9. Final Provisions
Amendments or supplements to the contract and these GTC must be made in writing.
Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for all disputes arising from contractual relationships shall be the registered office of the Contractor, provided that the Client is a merchant.