§1 - General

The following General Terms and Conditions (GTC) are part of all contracts with Mehr Mandanten & Kunden S.R.L. (hereinafter referred to as "Mehr Mandanten & Kunden"). Services are provided only under the following conditions. More Clients & Customers provides services to the Client, (hereinafter referred to as "Client"), in the field of marketing websites on the Internet, as well as other Internet services in the broader sense. 

§2 - Conclusion of contract

With the placing of an order by the Client to Mehr Mandanten & Kunden, with the signing of the contracts, in individual cases also by verbal/email contracts between merchants, the contract is concluded after the order confirmation by Mehr Mandanten & Kunden. Offers are subject to change and non-binding. Mehr Mandanten & Kunden is entitled to entrust subcontractors with the fulfillment of individual or all contractual obligations. The client must immediately inform Mehr Mandanten & Kunden of any significant changes in his environment (company name, address, legal form, VAT ID,...). If this change makes it more difficult for Mehr Mandanten & Kunden to enforce claims, Mehr Mandanten & Kunden may demand advance payment of the agreed fee. The transfer of rights and obligations arising from a contract with Mehr Mandanten & Kunden to a third party requires the prior written consent of Mehr Mandanten & Kunden. In the event of a change of ownership or sale of the site to be optimized, the service is also not transferable without the consent of Mehr Mandanten & Kunden. In this case, Mehr Mandanten & Kunden reserves the right to continue to charge the client for the current costs of the optimization in accordance with the current contract. The client's information about his existing EDP system, intended hardware extensions or functional aspects are not to be checked for correctness by Mehr Mandanten & Kunden. The client alone is responsible for this information. The Client has agreed to the applicable GTC and accepted them in full. 

§3 - Prices

The individually agreed prices at the time of placing the order are decisive. Employees and/or agents of the cannot make any agreements deviating from the service descriptions, tariffs as well as from these GTC, unless these deviations are limited by a special promotion or offer. The prices for the agreed services according to the order form include the one-time setup fees and monthly follow-up costs. 

§4 - Payments

Payment for services provided by Mehr Mandanten & Kunden is always made on account. The invoice amount is due immediately upon receipt of the invoice and will be collected by Mehr Mandanten & Kunden. Should the client be in arrears with a total of 2 monthly service fees, Mehr Mandanten & Kunden is entitled to work only on advance payment until the corresponding fees have been paid and beyond. Invoices are issued in advance according to the individual contract with the client. All invoices are payable immediately and without deduction. After receipt of the invoice amount by Mehr Mandanten & Kunden and availability of the data required for the services, the contractually agreed services will be carried out by Mehr Mandanten & Kunden. Deviating agreements regarding due dates and deductions must be made in writing. Offsetting with counterclaims is only permissible if Mehr Mandanten & Kunden acknowledges the counterclaim or if the counterclaim has been legally established. The client waives the assertion of a right of retention from earlier or other business transactions of the business relationship with Mehr Mandanten & Kunden. All payments shall in principle be credited against the oldest debt, irrespective of any provisions of the client to the contrary. Partial services may be invoiced separately. A payment shall be deemed to have been made only when the amount due has been credited to Mehr Mandanten & Kunden. If the client does not meet his payment obligations, Mehr Mandanten & Kunden is entitled to immediate withdrawal / suspension of the contract without special prior notice. If the client is in arrears with due payments, Mehr Mandanten & Kunden reserves the right not to perform further services until the outstanding amount is settled. Legal recourse remains unaffected. 

§5 - Contents & Data

More Clients & Customers does not check and monitor whether the registered content or the pages of the AG violate the rights of third parties or are structured according to the guidelines of the individual search engine operators. The Client alone is responsible for any possible downgrading of third-party pages. The client is also solely responsible for the legal admissibility of the contents of his pages registered by him as well as for the information provided by him, in particular the search terms, keywords, terms to be optimized and texts. The same applies to the protection of the rights and freedom of third parties, in particular with regard to copyright, competition law and criminal law. This also applies to search terms, keywords, terms to be optimized and texts selected by the client, which are based on a suggestion or recommendation by Mehr Mandanten & Kunden during the analysis phase. The client is also solely responsible for these contents. 

§6 - Data protection

The Client agrees that, within the framework of the contract concluded with him, data concerning his person may be stored, changed and/or deleted and, within the framework of necessity, transmitted to third parties. This applies in particular to the transmission of data necessary for the registration and/or modification of a domain in search engines, catalogs, lists, business directories, etc., which may subsequently become public. For all other customer data, Mehr Mandanten & Kunden undertakes to refrain from disclosing such data to third parties. 

§7 - Contract period / Termination

The Client may terminate the contractual relationship in accordance with the agreed term and notice period in the contract or the accepted offer or the written agreements for clients without giving reasons by notifying Mehr Mandanten & Kunden by registered letter. All conditions agreed upon at the conclusion of the contract remain valid for the entire contractual relationship, unless otherwise agreed in writing. Mehr Mandanten & Kunden reserves the right to terminate any contracts already in force. 

to terminate contracts without giving reasons by notifying the relevant AG in writing by e-mail or by post. The contract has a minimum term of 3 months, unless otherwise agreed in the contract. It shall be extended by the agreed minimum term in each case, unless it is terminated 30 days before the end of the corresponding contract period. The termination must be made in writing by registered mail and all files created by More Clients & Customers must be deleted by the Client. For files stored on the server or computers of Mehr Mandanten & Kunden, Mehr Mandanten & Kunden reserves the right to continue using them for its own purposes. After the end of the contract, the service obligation regarding the Internet marketing services / website optimization by Mehr Mandanten & Kunden expires immediately. The files, contents and optimizations created for the client will fall to Mehr Mandanten & Kunden. Should the corresponding files still be in operation after termination, Mehr Mandanten & Kunden reserves the right to charge ongoing costs. 

§8 - Copyright

The AG is exclusively responsible for the content of its website. This applies in particular with regard to copyright, protection of minors, tele-data, press law and the right to one's own image. The copyright to all work created by Mehr Mandanten & Kunden remains with Mehr Mandanten & Kunden. If Mehr Mandanten & Kunden registers a domain in the name of the client on behalf of the client, the client hereby grants Mehr Mandanten & Kunden the right to transfer the domain to its own or a third name or to deregister it with the registry at any time in the event of termination by one party or in the event of default of payment. 

§9 - Fulfillment / Warranty

Mehr Mandanten & Kunden agrees with the Client on an optimization of its website in accordance with the individually agreed contractual provisions. The Client is aware that the placement of the website in the search engines cannot be guaranteed by Mehr Mandanten & Kunden, as this is solely at the discretion of the respective search engine operator. A prerequisite for the provision of the agreed service is that all relevant data has been provided by the Client. Relevant data for the service are: Search terms and search term combinations, texts (text descriptions for the search terms and search term combinations) as well as - if necessary - access data to the statistics tools and/or the web space as well as CMS and/or store systems of the homepage operator. More Clients & Customers will not compensate the Client in case of non-publication or deletion (also for reasons of a search engine policy violation) of its website by one or more search engines, as this is solely at the discretion of the search engine operators. The client is aware that the position of his web pages in the search engines can change at any time. 

§10 - Performance

a) All service agreements must be in writing. In the event of delays in performance due to force majeure, as well as disruptions in performance in the sense of operational disruptions, strikes or the like, which make timely performance difficult or impossible for Mehr Mandanten & Kunden, Mehr Mandanten & Kunden shall be granted a right of withdrawal from the contract due to one of the aforementioned events, after the expiration of 20 working days after the deadline. If the service is demonstrably impossible due to such a circumstance, the withdrawal shall release the parties from the obligation to fulfill the contract. 

b) For web development projects, the 2 correction loops customary in the industry are agreed as included as a lump sum. Additional correction loops are not to be performed by Mehr Mandanten & Kunden SRL. Both parties have the option to refuse further correction loops or to have them done for an additional charge. This does not prevent the completion of the web development project and the due date of payment by the customer.

§11 - Warranty

The warranty period for services provided by Mehr Mandanten & Kunden is six months. Notifications of defects must be made immediately in writing and must always be documented by the client in a meaningful manner, in particular by logging displayed error messages. The client shall support Mehr Mandanten & Kunden to the best of its ability in the event of a possible rectification of defects, and shall completely back up programs, data and data carriers prior to rectifying the defect. Mehr Mandanten & Kunden is therefore not liable for data and program losses. If the defect cannot be remedied after repeated attempts and after setting a grace period of four weeks, the client is entitled to terminate the contract in writing with immediate effect; the client shall not be entitled to any further claims for damages. Generally excluded from the warranty are such errors and defects which are caused by external influences (including unauthorized access via the Internet), operating errors, components or products of third parties, Trojans, computer worms, computer viruses - of whatever kind - or changes, additions, installations or removals, repair attempts or other manipulations not carried out by Mehr Mandanten & Kunden. The client is aware that most search engine providers are entitled, according to their guidelines, to delete individual web pages from their search offer or to change the search algorithm at any time. Mehr Mandanten & Kunden cannot accept any liability for such actions. Mehr Mandanten & Kunden cannot guarantee certain rankings. A loss of previously held rankings is also solely at the discretion of the search engines, we can not guarantee for this either. A specific ranking promise by Mehr Mandanten & Kunden S.R.L., its representatives or employees, must therefore always be considered as a promise to do the best possible, in our opinion, to achieve a desired ranking. The AG assures that he only registers or optimizes his internet address(es) or acts on behalf of third parties and with their consent. If, however, damage should occur to third party websites or if there should be recourse payments, only the AG can always be held responsible. 

§12 - References & Miscellaneous

a) Mehr Mandanten & Kunden is entitled to name clients with whom nothing to the contrary has been expressly agreed as references on its own website. Likewise, agency partners and suppliers of Mehr Mandanten & Kunden, with whom this has been agreed, may name these clients as references. The founder of Mehr Mandanten & Kunden, Björn Assmann, may also name clients as references for future business purposes.

b) Unless otherwise agreed in the relevant contract, Mehr Mandanten & Kunden is entitled to place a link on the client's site. 

§13 - Secrecy

The client undertakes to keep secret all business and trade secrets, contractual conditions or other information which it receives or becomes aware of during the execution of the contract by Mehr Mandanten & Kunden or persons acting on behalf of Mehr Mandanten & Kunden, insofar as these are not generally known. This applies in particular to information about search habits and search engine technology, as well as to such information which concerns the general procedure or correspondence with Mehr Mandanten & Kunden. This obligation also applies for two years after the end of the contract. 

§14 - Place of performance and jurisdiction

The place of performance is 030204 Bucharest, Romania; Romanian law shall apply and the place of jurisdiction shall also be Bucharest, Romania. This shall also apply in the event that the AG's registered office is abroad. 

§15 - Final provisions

Deviations from these GTC are only effective if they have been agreed in writing. The legal successors of the clients of Mehr Mandanten & Kunden are also bound by the obligations arising from contracts concluded on the basis of these GTC. Should these GTC contain an invalid provision, the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the wording.