General terms and conditions

General Terms and Conditions (GTC) of Media on Earth (hereinafter also: MOE)

§ 1 Scope

(1) The following General Terms and Conditions (GTC) apply to all contracts that MOE concludes with its customers where the customer is an entrepreneur (Unternehmer), a legal entity under public law or a special fund under public law (hereinafter referred to as the ‘Customer’ or ‘Client’).

(2) MOE does not conclude contracts with consumers within the meaning of § 13 BGB (German Civil Code). The Customer assures that, when concluding the contract with MOE, it is acting as an entrepreneur within the meaning of § 14 BGB or as a merchant (Kaufmann) under the HGB (German Commercial Code).

(3) These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer only become part of the contract if and to the extent that MOE has expressly agreed to their application. This requirement of consent applies in all cases, for example also if MOE, with knowledge of the Customer's general terms and conditions, begins providing the services without reservation.

§ 2 Services of MOE / Cooperation of the Customer

(1) Depending on the booking, MOE provides the Customer with standardised or individual SEO services and web design services. Unless expressly agreed otherwise in writing, MOE does not owe the production of a work result (Werk) in this respect. In particular, MOE is not responsible for whether the Customer is able to achieve higher conversion rates as a result of the consulting.

(2) If a separate remuneration has been agreed for MOE achieving a specific result of a consulting/advertising measure, this is accordingly paid as a success-based bonus. In principle, however, there is no entitlement to the achievement of a specific result.

(3) The Customer must perform the acts of cooperation incumbent upon it completely and on time. If the Customer fails to perform an act of cooperation and thereby prevents MOE from providing the services, MOE's claim to remuneration remains unaffected.

(4) With regard to the services to be provided by MOE to the Customer, MOE has a right to determine the performance pursuant to § 315 BGB.

§ 3 Conclusion of contracts

(1) Contracts between MOE and the Customer may be concluded orally by remote communication (video chat, telephone, etc.) or in writing.

(2) When concluded orally by remote communication, contracts between MOE and the Customer come into being through matching declarations of intent.

§ 4 Payments, prices, conditions

(1) The prices stated and communicated by MOE are binding. The prices communicated are in each case net prices plus statutory VAT.

(2) Payment for MOE's services is made immediately after the invoice is issued. The remuneration for MOE's services is in principle due upon conclusion of the contract, unless MOE's offer states otherwise.

(3) MOE issues the Customer with a proper invoice showing VAT (where applicable, through vicarious agents).

(4) If agreed direct debits cannot be collected from the Customer's account and the debit is reversed, the Customer is obliged to transfer the amount owed to MOE within three working days of the reversal and to bear the costs charged by the bank as a result of the reversal.

(5) Set-off against counterclaims is only permitted for either party if the respective other contracting party has acknowledged the set-off or it has been established by a final and binding court decision. The same applies to the exercise of a right of retention by a contracting party.

(6) MOE is also entitled to have due claims collected by third-party providers (Digistore24, Copecart, PayPal, etc.).

§ 5 Termination, term

(1) The contract has the minimum term stated in the main contract. There is no right of termination within this term. If no minimum term has been specified in the main contract, it is 6 months.

(2) To be effective, notices of termination must be in written form (Schriftform).

(3) The right to extraordinary termination always remains unaffected.

(4) Rights of termination at will are excluded.

§ 6 Default / Withdrawal

(1) Deadlines for the provision of services by MOE do not begin before the invoice amount has been received by MOE and, as agreed, the data required for the services is completely available to MOE or the necessary acts of cooperation have been fully performed.

(2) If the Customer is in default with due payments, MOE reserves the right not to perform further services until the outstanding amount has been settled.

(3) If, where payment by instalments has been agreed, the Customer is in default with at least two due payments to MOE, MOE is entitled to terminate the contract extraordinarily and to cease providing the services. MOE will claim the entire remuneration as damages without undue delay.

(4) Any rights of the Customer to terminate at will are excluded.

§ 7 Performance

(1) MOE will carry out the agreed services in accordance with the offer with the necessary care. MOE is entitled to use the assistance of third parties for this purpose.

(2) The Customer is aware that, unless otherwise expressly agreed in writing, MOE owes the provision of services and not the production of a work result. At the Customer's request, MOE will provide information about the services rendered under the contract within a reasonable period.

(3) If MOE is prevented from providing the agreed services and the reasons for this originate from the Customer's sphere, MOE's claim to remuneration remains unaffected.

§ 8 Third-party rights

The Customer warrants that working materials provided to MOE (e.g. photos) are free from third-party rights or that the permissions required for the purposes of the main contract have been obtained. In this respect, the Customer indemnifies MOE against any claims asserted by third parties.

§ 9 Copyright and rights of use

(1) All copyrights, rights of use or other protective rights to the content, depictions, logos, graphics and images on our pages or within our software, as well as to the software and database underlying our offering, remain with the provider or the respective rights holder.

(2) The Customer receives a simple (non-exclusive) right of use with regard to the work and service results created and made available by MOE. Work and service results within the meaning of the underlying contract are all works or services or parts thereof that were created by MOE for the Customer (e.g. all information, documents, analyses, videos, photos, know-how acquired in the course of fulfilling the order, advertisements, drawings, materials, specifications, program drafts, (electronic) files, data collections, custom software including associated documentation, manuals and IT systems in the form of source code or in any other form). As long as work results have not been completed, the corresponding partial results are deemed to be work results within the meaning of this contract.

(3) Paragraph 1 applies exclusively subject to the condition that the Customer has paid in full the remuneration due to MOE under the main contract.

(4) If payment by instalments has been agreed, the right of use referred to in paragraph 1 only passes upon full payment of the last instalment to MOE.

(5) The passing on of the work and service results to third parties (including affiliated companies) is excluded. The same applies to adaptation pursuant to § 23 UrhG (German Copyright Act).

§ 10 Liability

(1) MOE is liable for damages, irrespective of the legal grounds, only for intent and gross negligence. In the case of simple negligence, MOE is only liable a) for damage resulting from injury to life, body or health, b) for damage resulting from the breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner regularly relies and may rely); in this case, however, liability is limited to compensation for the foreseeable damage that typically occurs.

(2) Within the limits of paragraph 1, MOE is not liable for loss of data and programs. Liability for loss of data is limited in amount to the typical recovery effort that would have been incurred if backup copies had been made regularly and in line with the risk. Liability under the Product Liability Act (Produkthaftungsgesetz) always remains unaffected, as does liability for the assumption of a guarantee.

(3) The Customer is aware that third-party providers such as Google are entitled under their policies to delete/remove individual advertising campaigns from their services at any time. MOE is not liable for any such action.

§ 11 Data protection and data security

(1) The Customer assures that it will comply with the provisions of the General Data Protection Regulation, GDPR (DSGVO), and the German Federal Data Protection Act (BDSG) when passing on personal data to MOE.

(2) The Customer indemnifies MOE against liability for infringements of the GDPR and the BDSG in the course of performing the main contract, unless MOE is responsible for these infringements.

§ 12 Final provisions

(1) Deviations from these GTC are only effective if they have been agreed in writing. Individual agreements made with the Customer in a particular case (including collateral agreements, supplements and amendments) take precedence over these GTC in all cases. A written contract or MOE's written confirmation is decisive for the content of such agreements.

(2) The law of the Federal Republic of Germany applies. The place of performance is MOE's place of business. The exclusive place of jurisdiction for merchants is MOE's place of business.

Legal notice

Information pursuant to § 5 DDG (German Digital Services Act)

Karim Hadj Yahia
Media on Earth (sole trader)
Karlstr. 63
63456 Hanau

Contact

Phone: +49 172 6974070
Email: karim@mediaonearth.com

VAT ID

VAT identification number pursuant to § 27 a of the German VAT Act (Umsatzsteuergesetz):
DE336996429

Consumer dispute resolution/universal arbitration board

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Liability for content

As a service provider, we are responsible for our own content on these pages under general law pursuant to § 7(1) TMG (German Telemedia Act). However, pursuant to §§ 8 to 10 TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information under general law remain unaffected. However, liability in this respect is only possible from the point in time at which we become aware of a specific legal infringement. As soon as we become aware of such infringements, we will remove this content immediately.

Liability for links

Our offering contains links to external third-party websites over whose content we have no influence. We therefore cannot accept any responsibility for this third-party content. The respective provider or operator of the linked pages is always responsible for their content. The linked pages were checked for possible legal infringements at the time of linking. Illegal content was not recognisable at the time of linking.

However, permanent monitoring of the content of the linked pages is not reasonable without concrete indications of a legal infringement. If we become aware of any infringements, we will remove such links immediately.

Copyright

The content and works created by the site operators on these pages are subject to German copyright law. Reproduction, editing, distribution and any kind of exploitation beyond the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please notify us accordingly. If we become aware of any infringements, we will remove such content immediately.