Terms & Conditions
for the provision of services by 3Steps Media UG (haftungsbeschränkt), wpbfdeals, Altrottstr. 31, 69190 Walldorf, E-Mail: hello@wpbfdeals.com (hereinafter referred to as âContractorâ) towards its customers (hereinafter referred to as âClientâ)
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor with the inclusion of these GTC.
1.2 The contractor does not conclude contracts with consumers or private individuals.
1.3 Insofar as further contractual documents or other terms and conditions in text or written form have become an integral part of the contract in addition to these terms and conditions, the provisions of these further contractual documents shall take precedence over these terms and conditions in the event of a conflict.
1.4 The contractor does not recognize any terms and conditions of the client that deviate from these terms and conditions, unless the contractor has given his express consent.
2. Subject matter of the contract and scope of services
2.1 The contractor shall provide the following services to the client as an independent contractor:
Listing software products and selling upgrades for the submitted listings.
2.2 The specific scope of services is the subject of individual agreements between the contractor and the client.
2.3 The contractor shall provide the contractual services with the greatest utmost care and diligence in accordance with the latest standards, rules and findings.
2.4 The contractor is obliged to provide the services owed under the contract. However, when carrying out his work, he is not subject to any instructions regarding the manner in which he provides his services, the place where he provides his services or the time at which he provides his services. However, the contractor shall determine the organization of the working days and the time allocation on these days in such a way that optimal efficiency is achieved in the contractor's work and in the realization of the subject matter of the contract. The contractor shall provide the services only in consultation and coordination with the client.
3. The customer's duty to cooperate
The customer is obliged to provide complete and correct information, data and other content for the purpose of fulfilling the service. The contractor is not responsible to the customer in any way for delays and delays in the provision of services that arise from the customer's late and necessary cooperation or input; the provisions under the heading âLiability/Indemnificationâ remain unaffected.
The contractor is not responsible to the customer in any way for delays in the provision of services that arise from the customer's late and necessary cooperation or input; the provisions under the heading âLiability/Indemnificationâ remain unaffected by this.4. Remuneration
4.1 The remuneration shall be agreed in the individual contract.
4.2 The remuneration shall be payable after the services have been provided. If the compensation is calculated according to time periods, it is to be paid after the expiration of the individual time periods (§ 614 BGB). In the case of resource-related billing, the contractor is entitled, subject to any agreements to the contrary, to bill the services provided on a monthly basis.
4.3 The contractor shall send the client an invoice by post or by email (e.g. as a PDF) after the services have been provided. Payment is due within 14 days of receipt of the invoice.
5. Liability / Indemnity
5.1 The contractor is fully liable for any legal reason whatsoever in the event of willful misconduct or gross negligence, in the event of willful or negligent willful or negligent injury to life, limb or health, due to a guarantee promise, unless otherwise regulated or due to mandatory liability. If the contractor negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding sentence. Material contractual obligations are obligations that the contract imposes on the contractor in order to achieve the purpose of the contract, the fulfillment of which is essential to the proper execution of the contract and on the observance of which the customer may regularly rely. Any further liability of the contractor is excluded. The above liability provisions also apply with regard to the liability of the contractor for his agents and legal representatives.
5.2 The client shall indemnify the contractor against any third-party claims asserted against the contractor due to violations by the client of these contractual conditions or applicable law.
6. Contract duration and termination
6.1 The parties agree the contract duration and the deadlines for ordinary termination individually.
6.2 The right of both parties to terminate the contract without notice remains unaffected.
6.3 The contractor must return or destroy all documents and other content provided to him immediately after the end of the contract at the customer's discretion. The assertion of a right of retention is excluded. Electronic data must be completely deleted. This does not apply to documents and data that must be stored for a longer period of time in accordance with the law, but only until the end of the respective retention period. The contractor must confirm the deletion in writing to the company at its request.
7. Confidentiality and data protection
7.1 The contractor shall treat all information coming to his knowledge in connection with the order as strictly confidential. The contractor shall impose the confidentiality obligation on all employees and/or third parties who have access to the contractual information. The confidentiality obligation shall apply for an unlimited period of time beyond the duration of this contract.
7.2 The contractor undertakes to comply with all data protection regulations â in particular the provisions of the General Data Protection Regulation and the German Federal Data Protection Act â when executing the order.
8. Final Clauses
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 Should any of the clauses of these GTC be or become ineffective, the validity of the remaining GTC remain unaffected.
8.3 The client shall support the contractor in providing its contractual services by taking appropriate cooperative action, as far as necessary. In particular, the client shall provide the contractor with the information and data necessary for the fulfillment of the order.
8.4 If the client is a merchant, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree that the registered office of the contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction remain unaffected by this.
< 8.5 The contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legislation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by email at least two weeks before the change comes into effect. If the existing customer does not object within the period set in the notification of change, their consent to the change is deemed to have been granted. If the existing customer objects, the changes will not take effect; in this case, the contractor is entitled to terminate the contract extraordinarily at the time the changes take effect. The notification of the intended amendment to these GTC will indicate the deadline and the consequences of an objection or the absence of one.