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General Terms and Conditions of #postingwerkstatt

§ 1 Scope of application

The following General Terms and Conditions govern the contractual basis for all services provided between #postingwerkstatt (#postingwerkstatt, owner Jan Fohler, An der Ziegelei 2, 45721 Haltern am See) and our customers.

§ 2 Subject matter of the contract

  1. The subject matter of the contract is the provision of services by #postingwerkstatt for the creation of posts, optimisation and expansion of the customer's social media channels.
  2. The exact scope of services is defined by the customer before ordering via the #postingwerkstatt configurator (https://app.postingwerkstatt.de/konfigurator).
  3. The contractual service comprises the following areas, if commissioned/ordered in each case:
  • Creation of contributions
    • Creation/editing of post images/post graphics/short videos
    • Creation of contribution texts
    • Publication of contributions

 Agreed scope: (according to order)

 Images/graphics: Yes

 Short videos/"Reels": (according to order)

 Post texts/"Caption", incl. hashtags: Yes

  • Publication on the customer's channels: Instagram (other channels according to order)

 

  • Moderation
    • Replying to comments
    • Replying to direct messages
  • Number of responses per month: 50
  • Optimisation
    • Optimisation of the external presentation (e.g. profile picture, description, etc.)

 Minor adjustments as required and agreed: max. 30 min/month

  • Ideas, release, communication, short report
    • Brainstorming
    • Release workflow
    • Brief reports on the previous month
    • Planning and reporting meetings

 Planning and reporting meetings: 1x weekly

 Creation and provision of short reports: 1 per month, at the beginning of each month for the previous month

 Approval workflow for contributions: According to the number of contributions per month

4. #postingwerkstatt shall also provide the customer with a web app specially developed by #postingwerkstatt (hereinafter referred to as "#postingwerkstatt App"), which supports the provision of the service in terms of organisation and content. Of course, classic communication channels (such as e-mail and telephone) are still available, but exclusive processing of the service outside of the #postingwerkstatt app is excluded.

§ 3 Start of contract, duration of contract

The contractual relationship is concluded for an indefinite period.

The contract begins on the "start date" selected in the order.

The minimum term of the contract is determined by the customer during the ordering process.

The contract is extended by the minimum term specified in the order process.

§ 4 Cancellation

The cancellation periods depend on the minimum term selected.

Minimum term of 6 months: 30 days to the end of the term

Minimum term of 3 months: 14 days to the end of the term

Minimum term 1 month: 7 days to the end of the term

§ 5 Obligation to implement and cooperate

#postingwerkstatt undertakes to provide the services listed under §2 (2) in a professional and timely manner.

If required, the customer undertakes to provide technical/operational support to optimise the performance of the services to be provided.

These include:

  • Professional involvement in the creation of contribution texts that require specialist expertise
  • The creation of photos and videos, unless otherwise commissioned by the customer to #postingwerkstatt
  • The transmission of necessary access data for the respective commissioned social media channels

Without the appropriate co-operation of the customer, the quality of the work performed cannot be guaranteed under certain circumstances.

§ 6 Remuneration and due date

  1. #postingwerkstatt receives a monthly fee for its services in accordance with the respective order/configuration, plus VAT at the applicable rate.
    Payment is due monthly on the 15th of each calendar month. If the 15th of a month is not a working day, payment is due on the next working day at the latest.
    #postingwerkstatt shall provide the customer with a monthly invoice on the 10th of each calendar month, including VAT.
    1.1 If the start date falls after the 10th of the respective month, the first month will be invoiced on a pro rata basis at the beginning of the collaboration and is due for payment immediately.
  2. A one-off fee is (usually) due for the initial consultation/onboarding. The amount depends on the service booked and is determined by the customer in the #postingwerkstatt configurator during the order process. The one-off fee is billed with the first invoice and is subject to the same due dates as the monthly fee.
  3. Other conditions:
    Travel expenses: 1.00 € net / kilometre
  4. Services that go beyond the agreed scope of services require a separate order and will be invoiced separately.

§ 7 Start date and preparation time

  1. At the start of the collaboration, various information must be collated and exchanged between the parties. As a result, the creation of the first contributions may be delayed by up to 7 days.
  2. The start date should therefore be chosen by the customer so that the initial meeting/onboarding takes place before or directly at the start of the collaboration.
  3. If necessary information is withheld or not made available to #postingwerkstatt so that the service cannot be provided or can only be provided in part, this shall not constitute grounds for a reduction in remuneration.

§ 8 Liability

#postingwerkstatt warrants that it will not publish any content without the customer's prior consent.

Liability for any damages incurred is therefore excluded.

§ 9 Enticement of employees

The enticement of employees of #postingwerkstatt by the customer shall result in a contractual penalty in the amount of 30 monthly remunerations agreed in this contract under §6 (1).

"Enticement attempts" and enticements in any form will result in immediate termination of the contract. All claims that would arise by the end of the term shall become due immediately (plus any contractual penalties). (Compensation for damages)

The above provisions shall apply for 2 years beyond the end of the contract term.

§ 10 Place of fulfilment and jurisdiction

The parties agree that the place of fulfilment and jurisdiction shall be Haltern am See.

§ 11 Severability clause

Should individual provisions of this contract be invalid or void in whole or in part or become invalid or void in whole or in part as a result of a change in the legal situation or through supreme court judgement or in any other way, or should this contract contain loopholes, the parties agree that the remaining provisions of this contract shall remain unaffected and valid. In this case, the contracting parties undertake, taking into account the principle of good faith, to agree an effective provision in place of the ineffective provision which comes as close as possible to the meaning and purpose of the ineffective provision and which it can be assumed that the parties would have agreed at the time of conclusion of the contract if they had known or foreseen the ineffectiveness or invalidity. The same applies if this contract should contain a loophole.

Status: 05/2023