Heinz Josef Lustig - rankingfusions e. K.
Thomasiusstraße 8
10557 Berlin
Invoice address: Heubnerweg 7a, 14059 Berlin - hereinafter supplier - for business transactions (b2b)
(1) Contracts are concluded on the basis of these General Terms & Conditions in the version valid at the time the contract is concluded exclusively with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The General Terms & Conditions apply to the entire business relationship between the contracting parties. The General Terms & Conditions can be accessed on the provider's website at https://www.rankingfusion.com/General Terms & Conditions/
(2) The provider's General Terms and Conditions apply exclusively. Any deviating General Terms & Conditions of the customer from our General Terms and Conditions shall not apply, es unless both parties expressly agree to them.
(1) Unless otherwise agreed, offers of the provider are subject to change. The provider shall be bound by an offer for 2 weeks, unless otherwise agreed. The time of the submission of the offer is decisive.
(2) The contract shall be concluded by written confirmation of the offer by the customer. Subsequent amendments and additions to the contract require written confirmation to be valid.
(1) The Provider shall provide services in the field of search engine marketing and website optimization. The concrete scope of the service to be provided by the Provider shall result from the respective written offer of the Provider or from the additionally agreed service description. The Provider owes the provision of the agreed service, a success is not owed.
(2) If the Service includes the purchase, use and resale of backlinks to the Customer, the Provider has no control over these Internet sites and sources. The Customer acknowledges this and agrees that the Provider is not responsible for the availability of these Internet sites or third party sources, that the Provider does not adopt the content provided via these Internet sites and resources as its own, is not responsible for this content and is therefore not liable for it. The provider does not guarantee that the data offered meet user expectations or that a specific (especially economic) goal can be achieved with it.
(3) The Provider shall be entitled to provide partial services to the extent this is reasonable for the Customer. The service of the provider also includes the selection and involvement of third companies. Unless a right of co-determination of the Customer has been expressly agreed, the selection of third parties shall be made in compliance with the principle of a balanced relationship between economic efficiency and the best possible success for the Customer.
(4) The Provider is not obliged to hand over data carriers, files and data without a separate agreement, unless this is necessary for the fulfillment of the contract. If the customer wishes to surrender the data, this must be agreed and remunerated separately. General Terms and Conditions (General Terms & Conditions)
(1) The customer shall support the provider in fulfilling the contractually owed services, in particular by providing the necessary information, materials, data and content. A content-related or legal review of these materials of the customer is not owed. The Customer shall ensure that its website does not infringe any third-party rights and that all legal provisions are complied with.
(2) The Provider shall provide the Customer with its drafted text with keywords for review and correction. The text will be used only after approval by the customer.
(3) The content to be provided by the customer for the performance of the services shall be made available in common and immediately usable digital formats. If the Customer recognizes that this content is incorrect, incomplete or ambiguous, it shall notify the Provider thereof without delay.
(4) The customer's duties to cooperate under this contract shall be performed without remuneration.
(5) If the customer receives a user ID and password within the scope of the contractual cooperation with the provider, the customer is obliged to treat these confidentially. The Customer shall only be entitled to transfer this data to a third party if the Provider has consented in writing to such transfer of use to third parties. This applies regardless of whether the transfer of use is partial or complete, against payment or free of charge.
(6) The customer shall ensure regular backup of its data and content. Without a separate agreement, there is no obligation to back up data on the part of the Provider.
(1) The Provider undertakes to maintain strictest secrecy about all confidential processes, in particular business or trade secrets of the Customer, which come to its knowledge in the course of its activities for the Customer and not to pass them on. This shall apply to any unauthorized third parties, i.e. also to unauthorized employees of both the Provider and the Customer, unless the disclosure of information is necessary for the proper fulfillment of the contractual obligations.
(2) The Provider undertakes to agree on a provision identical in content to this clause also with all employees deployed by it in connection with the performance of the contract.
(3) Provider and Customer agree on the scope of confidentiality within the framework of a Non Disclosure Agreement (NDA)
(1) If the customer wishes to make changes to the contractual scope of services, the customer shall notify the provider thereof in writing. Insofar as the changes are feasible after examination by the Provider, the contracting parties shall agree on the implementation of the change request. If an agreement is reached, the contract will be amended to that extent. Otherwise es remains with the originally agreed scope of services.
(2) Contractually agreed dates shall, if and insofar as they are affected by the change procedure, be postponed appropriately, taking into account the duration of the review, the vote on the proposed change General Terms and Conditions (General Terms & Conditions) and the change requests to be carried out. The Provider shall inform the Customer of the new dates without delay.
(3) The Provider shall not be responsible for any delays in performance for which the Customer is responsible (e.g. delayed provision of cooperation services) or which are due to force majeure (e.g. strikes, disruptions in telecommunications). The Provider shall be entitled to postpone the relevant service for the duration of the impediment and a reasonable start-up period. The Provider shall notify the Customer of the delays in performance without delay.
(1) Es the prices on the website of the supplier or in the offer at the time of the conclusion of the contract shall apply. All prices are net prices and are to be paid plus the applicable statutory value added tax. In the case of fixed prices, the Provider shall be entitled to charge progress payments for self-contained and independently usable parts of the agreed service.
(2) Further payment modalities such as partial payments, rebates, discounts, etc. shall be governed by the service description or the order confirmation.
(3) Travel expenses and out-of-pocket expenses shall be reimbursed separately on a time basis after consultation with the Client.
(4) Offsetting against counterclaims is only permissible insofar as these are undisputed or have been established by final and binding decisions.
(1) Unless otherwise agreed, the term of the contract is one year. After the expiration of the term of the contract, the contract ends automatically without the need for es to terminate the contract. An extension of the contract is possible at any time by simple written notice.
(2) Termination without notice for special reasons is possible.
The Customer shall permit the Provider to name the latter as a reference customer on its own website and in other media and to publicly reproduce the services provided for advertising purposes, unless the Customer objects.
(1) The Customer shall inspect the delivered work and services immediately after for correctness, completeness or obvious defects and notify the Provider of any complaints to this effect in writing without delay. If the immediate complaint is not made, the services shall be deemed approved and accepted.
(2) In the event of defective performance, the customer shall be entitled to subsequent performance. The Provider shall be obligated, at its option, to subsequent performance in the form of rectification of the defect or delivery/production of a new item free of defects.
(1) The Provider shall be liable without limitation for intent. In the event of gross negligence as well as simple negligence in the event of a breach of essential contractual obligations as well as in the event of the assertion of damages in lieu of performance, the Provider shall be liable for the typically occurring, foreseeable damage. Otherwise, liability for slight negligence is excluded. This shall not affect liability arising from the assumption of a guarantee or procurement risk, from default, on account of damage to life, limb and health and under the Product Liability Act.
(2) The above provisions shall also apply to the personal liability of employees, representatives and vicarious agents.
(3) The provider is not responsible for materials and content provided by the customer. In particular, the Provider is not obligated to check the materials and content provided for possible violations of the law. The Customer shall support the Provider in the defense against claims asserted by third parties against the Provider on the basis of the content provided by the Customer, in particular by providing the information required for the defense. The customer is obligated to compensate the provider for the costs necessary for legal prosecution incurred by the provider due to legal claims by third parties based on the content provided by the customer.
(4) Liability for data loss or damage is limited to the effort that would be required to restore the data from the backed-up data material if the data had been properly backed up.
The provider treats personal customer data confidentially and in accordance with the statutory data protection regulations. Personal customer data shall not be passed on without express consent or only within the scope of the necessary processing of the contract.
(1) The place of performance shall be Berlin.
(2) The exclusive place of jurisdiction shall be Berlin.
(3) Es shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(4) To the extent that any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions of this Agreement shall remain unaffected hereby.
Berlin, ab 2024