Terms and Conditions

§1 Scope

These General Terms and Conditions (GTC) apply to all contracts between kosecom Marketing and the client for the provision of services, in particular web design, branding, social media ads, and other agency services.

Deviating, conflicting, or supplementary GTC of the client shall only become part of the contract if kosecom has expressly agreed to their inclusion.

§2 Conclusion of contract

A contract is concluded by acceptance of a written offer, a written confirmation (email, WhatsApp, DM), or the start of processing after receipt of the order.

Individual agreements take precedence over these GTC.

§3 Scope of services and cooperation obligations

The scope of services is determined by the respective offer or contract. Changes and additions require a separate agreement and may result in additional costs.

kosecom is entitled to involve third parties in providing the services.

The client shall provide all required information and documents in a timely, complete, and suitable manner. The client is liable for the legality and freedom from third-party rights of the materials provided.

§4 Remuneration and payment

Invoices are due immediately. In the event of late payment, statutory default interest applies.

Installment payments are only possible for projects with a value of 2,000 € or more and are at the discretion of the agency.

Remuneration is based on the respectively agreed fixed-price offer.

§5 Acceptance

The client must accept the service within 7 days of completion. Acceptance may not be refused due to minor defects.

If no response is received within 7 days, the service is deemed accepted.

§6 Usage rights and copyright

Full, exclusive, and unlimited usage rights are only transferred to the client after complete payment.

Excluded from the transfer are: drafts, raw data, and third-party software (the client only receives simple usage rights here).

kosecom reserves the right to use rendered services in its portfolio or as references, unless the client expressly objects.

§7 Retention of title

Until full payment, all services and access remain the property of kosecom. kosecom is entitled to block or take digital content offline in the event of payment default.

§8 Warranty and liability

kosecom warrants that the services comply with the contractual agreements upon acceptance. In the event of defects, rectification will be carried out within a reasonable period.

kosecom's liability is limited to intent and gross negligence. In cases of slight negligence, kosecom is only liable for the breach of essential contractual obligations (cardinal obligations) and only up to the amount of the typically foreseeable damage.

Liability for personal injury remains unaffected.

§9 Term and termination

Project contracts can only be terminated in writing for good cause.

In the event of early termination by the client, services already rendered and expenses incurred will be billed according to the causation principle.

Social media ads: Termination with 1 month to the end of the month.

§10 Data protection and confidentiality

kosecom processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR). Confidentiality applies indefinitely during and after termination of the contract.

No disclosure to third parties unless required by law or with the express consent of the client.

§11 Employee secondment / Non-solicitation

The client undertakes not to solicit or directly engage employees or subcontractors of kosecom during the term of the contract and for 24 months thereafter.

In the event of a culpable breach of this non-solicitation obligation, the client is obliged to pay a contractual penalty in the amount of three monthly fees — calculated on the basis of the average monthly revenue of the last 6 months — to kosecom.

§12 Changes to the GTC

kosecom reserves the right to change these GTC. Changes to the GTC will be announced by email. If the customer does not object within 14 days, they are deemed accepted. Every customer has the right to terminate the contract effective at the time of the change.

§13 Final provisions

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.

German law applies. UN sales law is excluded.

Place of jurisdiction is the seat of the agency, provided the client is a businessperson.