General Terms and Conditions
for the provision of services by Nicole Kanig, Heckscherstraße 32, 20253 Hamburg, email: info@gjoopy.com (hereinafter “Contractor”) to its customers (hereinafter “Client”)
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor, including these GTC.
1.2 The Contractor does not enter into contracts with consumers or private individuals.
1.3 The Contractor is entitled, in its own name and for its own account, to subcontract the required services to subcontractors, who in turn may also use subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is apparent to the Contractor that their use would conflict with the Client’s legitimate interests.
1.4 To the extent that, in addition to these General Terms and Conditions, additional contractual documents or other terms and conditions in text or written form have become part of the contract, the provisions of these additional contractual documents shall prevail over these General Terms and Conditions in the event of a conflict.
1.5 The Contractor shall not recognize any General Terms and Conditions used by the Client that deviate from these General Terms and Conditions – unless expressly agreed otherwise.
2.1 The Contractor, as an independent entrepreneur, provides the following services to the Client:
Social Media Management, Social Media Consulting, Content Creation & Events
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall provide the contractual services with the greatest possible care and conscientiousness in accordance with the latest state of the art, the latest rules, and the latest findings.
2.4 The Contractor is obligated to provide the contractually agreed services. However, in performing its work, the Contractor is not subject to any instructions regarding the manner in which its services are provided, the location of the services, or the time of service provision. However, the Contractor will determine the scheduling of work days and the scheduling of these days in such a way as to achieve optimal efficiency in its work and in the realization of the contractual object. The Contractor’s services shall be provided solely in consultation and coordination with the Client.
It is the Client’s responsibility to fully and accurately communicate the information, data, and other content it is required to provide for the purpose of fulfilling the service. The Contractor shall not be liable to the Client in any way for delays or delays in the provision of services resulting from late and necessary cooperation or assistance by the Client; the provisions under the heading “Liability / Indemnity” remain unaffected.
4.1 Remuneration shall be agreed upon individually.
4.2 Remuneration is payable upon performance of the services. If remuneration is calculated based on time periods, it is payable after the expiration of each time period (Section 614 of the German Civil Code). In the case of time-based billing, the Contractor is entitled, unless otherwise agreed, to invoice the services provided monthly.
4.3 The Contractor shall send the Client an invoice by mail or email (e.g., as a PDF) after the services have been provided. Payment is due within 14 days of receipt of the invoice.
5.1 The Contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, intentional or negligent injury to life, limb, or health, due to a warranty promise, unless otherwise agreed, or due to mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the preceding sentence. Material contractual obligations are obligations that the contract imposes on the Contractor according to its content to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Client may regularly rely. Otherwise, the Contractor’s liability is excluded. The above liability provisions also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties. The Contractor may not be held liable for damages resulting from the Client’s breach of these Terms and Conditions or applicable law.
6.1 The term of the contract and the notice periods for ordinary termination shall be agreed upon individually by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 The Contractor shall immediately return or destroy all documents and other content provided to it after termination of the contract, at the Client’s discretion. The assertion of a right of retention in such documents is excluded. Electronic data must be completely deleted. This does not apply to documents and data subject to a longer statutory retention period, but only until the end of the respective retention period. The Contractor must confirm the deletion in writing to the Client upon request.
7.1 The Contractor shall treat all processes of which it becomes aware in connection with the contract as strictly confidential. The Contractor undertakes to impose the obligation of confidentiality on all employees and/or third parties who have access to the information subject to the contract. This obligation of confidentiality shall apply indefinitely beyond the term of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when performing the contract.
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions of these General Terms and Conditions shall remain unaffected.
8.3 The Client shall support the Contractor in the provision of its contractual services by providing appropriate cooperation, where necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfill the contract.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the Contractor’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected.
8.5 The Contractor is entitled to amend these Terms and Conditions for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by email at least two weeks before the amendment takes effect. If the existing customer does not object within the period specified in the notification of the amendment, their consent to the amendment is deemed to have been given. If they object, the amendments will not take effect; in this case, the Contractor is entitled to terminate the contract with immediate effect at the time the amendment takes effect. The notification of the intended amendment to these Terms and Conditions will indicate the deadline and the consequences of the objection or failure to object.
