Terms of Use

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter referred to as GTC) apply to all contracts concluded between T.E.C.K.Y. - FZCO (hereinafter referred to as the Contractor) and the customer. Upon conclusion of the contract, the customer acknowledges these GTC as binding, regardless of whether they have actually taken note of them. The GTC take precedence over any terms and conditions of the customer. Conflicting terms and conditions of the customer will not become part of the contract without the express contradiction, unless the contractor agrees to them in the individual case in text form.

(2) The general terms and conditions in the version valid at the time of the conclusion of the contract shall apply.

(3) Supplements or amendments to these GTC must be in text form pursuant to § 126b BGB (German Civil Code) to be legally effective.

(4) The customer assures that they are fully capable of conducting business at the time of the conclusion of the contract or have the consent of their legal representative.

(5) For reasons of readability, the simultaneous use of masculine, feminine, and diverse linguistic forms is omitted. The use of the word "customer" applies equally to all genders.

(6) The contract language is German.

§ 2 Conclusion of Contract

(1) Any offers made by the contractor on the website www.tecky-consulting.com and other digital and analog advertising media do not constitute a binding offer. The customer is hereby invited to send an inquiry to the contractor. The inquiry can be made by telephone, email, via communication service providers such as WhatsApp, or through the website. Sending the inquiry does not yet constitute the conclusion of a contract.

(2) As part of the contact, the customer's inquiry should include questions about their business model, the desired target group, the type and scope of the desired advertising, and their performance budget. These contents serve the contractor to create a suitable offer. The contractor will then contact the customer and arrange a meeting. Thereafter, the contractor makes a binding offer.

(3) The contractor is bound to this offer for 14 days. The customer can accept this offer within this period in text form. If the customer does not accept the offer within this period, the contractor is entitled to submit a new offer.

(4) After acceptance of the offer, a change of the contractually agreed upon can only be made by mutual consent.

§ 3 Scope of Services, Duration of Services

(1) After accepting the offer, the customer receives a confirmation of the order. The scope of services and the duration of the contract as well as the service budget result from the order confirmation. The subject includes, among others, the scope of advertising, social media platforms to be advertised, advertising periods, and the service budget. A change is only made by agreement.

(2) The customer is informed that the contractor is only obligated and entitled to the contractually agreed service. Services beyond this require an additional agreement.

(3) If a change in the scope of services or the subject of the service is necessary for the fulfillment of the contract by the client, they will inform the customer about this before execution.

(4) The contractor creates a social media advertising concept (e.g., a script) for the customer and advises on the design of the advertising campaigns. Advertising by the contractor takes place on social media in the form of so-called paid advertising. Advertising on other digital or analog advertising media does not take place unless otherwise agreed.

(5) The creation of an advertising target page (landing page) for the customer only takes place if the customer does not have a corresponding page and nothing else has been agreed.

(6) The customer is informed that the contractor does not perform legal and data protection checks of the provided content. Should the customer provide the contractor with content relevant to criminal law and the contractor recognizes this criminal relevance, the contractor is entitled to refuse to process this content.

(7) The contractor does not enter into a contract with social media platforms in its own name. If the contractor concludes the contract with the platform, it does so on behalf of and in the name of the customer. The extent of administrative, technical, and/or editorial support of the account on the platforms is based on the subject of the service.

(8) The contractor does not create videos, images, or similar for the customer. At the customer's request, the contractor can recommend specialized companies that create the necessary images and videos. The customer is informed that this is only a recommendation. The customer must conclude the contract themselves.

(9) The advertising duration is regularly 30 days, unless otherwise agreed. During the advertising period, the contractor checks the market and target group reaction. The customer is informed about this. 14 days after the advertisement placement, the customer has the opportunity to pause the advertisement and revise it. The advertisement with new content is placed for the remaining 16 days. The contractor and the customer agree on a reasonable period for the revision of the advertisement. After the expiration of the period, the advertisement continues with the original content.

(10) The service budget provided by the customer (advertising account budget) is planned by the contractor on a monthly basis and used exclusively for the contract purpose. The contractor provides the customer with a detailed budget overview and its use.

(11) Before individual advertising texts, layouts, finished posts, or otherwise are published on the platforms, the contractor sends them to the customer for approval. The customer can inform the contractor of any desired changes. The customer is informed that generally two correction loops are planned and calculated in the price. Should more correction loops be necessary, the contractor is entitled to create an additional offer, considering the customer's interests. This does not apply if the contractor grossly negligently or intentionally does not implement the customer's wishes, although it is possible and reasonable to do so.

(12) The service is provided in the German language.

§ 4 Prices, Payment Terms, Service Budget (Advertising Account Budget)

(1) All prices are gross prices including VAT and other price components.

(2) The contractor is entitled to request a reasonable advance payment.

(3) Payment can be made by direct debit, PayPal, invoice, or credit card, unless otherwise agreed.

(4) The customer is informed that the service budget is used by the contractor on a monthly basis to provide the agreed service. The service budget is not a remuneration for the contractor but must be deposited with the platforms on which advertising is to be placed. The customer receives a corresponding performance overview. The customer provides the service budget to the contractor in advance upon request.

§ 5 Customer's Obligations to Cooperate, Granting of Rights by the Customer, Indemnification

(1) The customer is informed that obligations to cooperate beyond the following duties may be necessary. The contractor will inform the customer about these in a timely manner. These obligations to cooperate are necessary for the fulfillment of the contract.

(2) The customer must make truthful statements when determining their data, also as part of the contact.

(3) The customer provides the contractor with all necessary images, texts, or other content (hereinafter referred to as content) in digital form unless otherwise agreed.

(4) The customer assures that they have all rights to the content they provide or are authorized to use them for advertising purposes.

(5) The customer must ensure that all data, content, and representations transmitted by them comply with applicable law.

(6) The customer concludes contracts with the platforms on which the advertising is to be placed according to the subject of the service. The customer provides the contractor with the access data for the duration of the service period, which the contractor treats confidentially. If the contractor concludes the contracts with the individual social media platforms for the customer, the customer will authorize him in advance to do so.

(7) The contractor informs the customer if the access data for the agreed advertising platforms are necessary. The customer must inform the contractor of this and make it available to him for the duration of the contract.

(8) The customer grants the contractor the right to process the transmitted data and documents. The customer assures that all necessary rights from their clients, users, and all affected third parties were granted and the required consents are available that are necessary to provide the service.

(9) The customer indemnifies the contractor from all claims raised by third parties with the assertion that the services of the contractor, in particular, the use of content on the website to be created, violate him or others in their rights.

(10) If the conclusion of a data processing agreement according to Art. 28 GDPR is required for individual contract components, both contracting parties are obliged to conclude such a contract before the commencement of the service provision. If one party refuses to conclude such a contract, the other party is entitled to terminate this contract extraordinarily. Refer to §§ 13 and 14.

(11) The customer is obliged, in the case of a contract for work, to accept the work unless there are defects that entitle him to refuse acceptance.

(12) If the contractor creates a landing page, setup fees may apply. The contractor informs the customer about this in advance. The customer concludes the contracts for this themselves and pays the invoices.

(13) The customer must be available to the contractor for any queries. It is recommended that the customer names a second contact person to the contractor if this is possible and reasonable for them.

(14) If data, information, contact persons, or other details change during the contract period, the customer must inform the contractor immediately, if this is necessary for the fulfillment of the contract.

§ 6 Commissioning Third Parties

(1) The contractor is entitled to transfer the services incumbent on him to third parties at his own expense unless otherwise agreed. The contractor monitors and controls the execution of a third party commissioned by him.

(2) The inclusion of a third party does not at any time create a direct contractual relationship between him and the customer.

§ 7 Warranty

(1) The customer's warranty rights are governed by the general statutory provisions unless otherwise specified below.

(2) An additional guarantee by the contractor is not provided.

§ 8 Liability

(1) If the contractor cannot meet a performance deadline due to force majeure, strike, war, riot, pandemic, or unaccountable operational disruption or closure, no claims for damages arise.

(2) Insofar as damage to the customer was caused by slight negligence, the contractor's liability is limited: Liability exists only in the case of breach of essential contractual obligations and is limited in amount to the foreseeable typical damages at the time of the conclusion of the contract. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely.

(3) In the case of proven delay damage, the contractor is liable to a maximum of 5% of the agreed amount (upper limit), provided that the delay damage was caused by the contractor through slight negligence. If the customer has suffered a lesser delay damage, he can only assert this against the contractor.

(4) The limitation of liability is excluded if the contractor fraudulently conceals a defect, it concerns an injury to life, body, or health, insofar as an injury was caused intentionally or through gross negligence, as well as in the case of liabilities from the Product Liability Act.

(5) The contractor is not liable for personal, economic, entrepreneurial, or other success of the customer through the advertising measures.

(6) The contractor is not liable to the customer for damages that arise to him due to the content provided by the customer.

(7) The contractor is not liable to the customer for damages that have arisen to him due to the violation of his obligations to cooperate.

(8) The contractor is not liable to the customer for damages if the content provided by the customer does not comply with applicable law or data protection.

§ 9 Early Termination

(1) The statutory provisions apply.

(2) If the customer is a consumer and has a right of withdrawal, they can revoke the contract within 14 days of the conclusion of the contract without giving reasons. Refer to the cancellation policy in the annex.

§ 10 Copyright Infringement; Scope of Use

(1) The customer is informed that the design of the advertisements, texts, and the respective drafts are the intellectual property of the contractor. The contractor is the author and must be named as such by the customer in legal transactions.

(2) After full payment of the services, the contractor grants the customer an exclusive, temporally and spatially unlimited, and non-transferable right of use. The use is limited to the use on social media.

(3) The customer is prohibited from passing on the advertising created by the contractor to third parties.

§ 11 Final Provisions; Severability Clause

(1) The law of the Federal Republic of Germany applies to contractual and other business relationships. The application of UN sales law (so-called "CISG", stands for "United Nations Convention on Contracts for the International Sale of Goods") is excluded. If the contractual partner is a consumer, mandatory protective provisions of the law of the state in which the contractual partner has his habitual residence remain applicable.

(2) If individual provisions of the General Terms and Conditions or individual agreements of the contract are invalid, the validity of the remaining provisions is not affected. In place of the invalid provisions, the statutory regulations apply.

(3) If the contractual partner is a merchant, a legal entity under public law, or a special fund under public law, Stuttgart is the jurisdiction for all disputes arising from the contractual relationship. The same applies if the contractual partner does not have a general place of jurisdiction in Germany or an EU member state or if no residence or habitual residence is known.

Dubai, April 24, 2023

Cancellation Policy

Right of Withdrawal: If the customer is a consumer according to § 13 BGB or a natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed, they have a right of withdrawal according to § 312g in conjunction with § 355 BGB if the contract was concluded outside the contractor's business premises or exclusively via distance communication.

The right of withdrawal does not apply to contracts regarding the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Furthermore, the right of withdrawal does not apply to the delivery of goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery; if the goods have been inseparably mixed with other goods after delivery due to their nature.

Otherwise:

Cancellation Instructions If you are entitled to a right of withdrawal, you can revoke the contract without giving reasons.

The withdrawal period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (contact details below) by means of a clear statement (e.g., by postal mail or email) of your decision to withdraw from this contract.

For this purpose, you can use the attached model withdrawal form.

To meet the deadline, it is sufficient to send the notification of exercising your right of withdrawal before the expiration of the aforementioned period.

The withdrawal should be addressed to:

In case of written withdrawal:

T.E.C.K.Y. - FZCO represented by Erich Steinhübel

IFZA Businesspark, Building A1

DUBAI SILICON OASIS

Dubai / UAE

In case of withdrawal by email: erich.steinhuebel@tecky-consulting.com

In case of withdrawal by phone: +49 16099520484

Consequences of Withdrawal:

If you revoke this contract, we have to refund all payments we have received from you, including delivery costs, immediately and at the latest within 14 days from the day on which the notification of your revocation of this contract was received by us.

For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged fees for this repayment.

If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal regarding this contract compared to the total extent of the services provided for in the contract.

Withdrawal Form

If the contract already concluded is to be revoked, please fill out this form and send it back to us.

T.E.C.K.Y. - FZCO represented by Erich Steinhübel

IFZA Businesspark, Building A1

DUBAI SILICON OASIS

Dubai / UAE

I/We hereby revoke the contract concluded by me/us for the following order: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________

concluded on ________________________________________

First and last name ________________________________________

Address ________________________________________

Phone number ________________________________________

Place, Date Signature of the customer