General terms and conditions of business

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between Marktstärke GmbH (hereinafter "Marktstärke") and its customers for the provision of marketing services. Deviating conditions of the customer are not recognized unless Marktstärke expressly agrees to their validity in writing.

2. Conclusion of contract

The contract is concluded when the customer accepts Marktstärke's offer. Acceptance can be made in writing, by email or by implied action.

3. Scope of services

The scope of services to be provided by Marktstärke is determined from the respective offer or order confirmation. Changes or extensions to the scope of services require a separate written agreement.

4. Customer’s obligation to cooperate

The customer is obliged to provide Marktstärke with all information and documents required to carry out the order in a timely manner. The customer bears the additional costs incurred if work has to be repeated due to incorrect, incomplete or subsequently changed information.

5. Remuneration and payment terms

The remuneration is based on the prices stated in the offer or in the order confirmation. All prices are exclusive of VAT. Invoices are due for payment within 14 days of the invoice date without deductions.

6. Rights of use

Upon full payment of the agreed remuneration, Marktstärke transfers to the customer the rights of use for the works created that are required for the respective contractual purpose. Any use beyond this requires the prior written consent of Marktstärke.

7. Warranty and liability

Marktstärke provides its services with the greatest possible care and to the best of its knowledge and belief. No guarantee can be given for the achievement of certain economic goals or successes. The liability of Marktstärke is limited to intent and gross negligence, unless it involves the violation of a contractual obligation or damage resulting from injury to life, body or health.

8. Confidentiality

Both parties undertake to treat all knowledge and information acquired during the cooperation as confidential and not to pass it on to third parties.

9. Final provisions

The law of the Federal Republic of Germany applies. The place of performance and jurisdiction is Berlin, provided the customer is a merchant. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.