Terms and Conditions
This is a non-binding English translation. The German version (AGB) is legally binding and shall prevail in case of any discrepancies.
1. Scope
These Terms and Conditions apply to all contracts for services in the field of social media management, content planning, creation and publishing, and related digital services between Guerrilla Technology Inh. Tobias Bartel, Ottostr. 4, 93414 Cham, Germany (“Contractor”) and its clients (“Client”). Deviating terms of the Client do not apply unless the Contractor has expressly agreed to them in writing.
2. Subject matter
Depending on the individual agreement, the subject matter of the contract may include in particular:
- editorial planning and creation of content for social media channels (e.g. LinkedIn, Instagram, Facebook, TikTok, YouTube, X),
- scheduled publishing of this content via the software used by the Contractor,
- analysis of metrics (analytics) for the managed channels,
- and any further services specifically described in the respective offer or order.
The exact scope of services results from the individual offer or order confirmation.
3. Formation of contract
Offers made by the Contractor are non-binding. A contract is formed once the Client accepts an offer in writing (including by email) or the Contractor sends an order confirmation.
4. Client’s duties to cooperate
The Client shall provide the Contractor in good time with the information, platform access, brand and image material and other documents required for performance, and shall designate a contact person for approvals. Delays caused by late cooperation on the part of the Client are not attributable to the Contractor.
5. Approval process
Where agreed, content will be submitted to the Client for approval prior to publication. If no response is received within the agreed or a reasonable period, the content is deemed approved, provided this has been specified in the offer.
6. Fees and payment terms
Fees are based on the respective offer. Unless otherwise agreed, invoices are due for payment without deduction within 14 days of the invoice date. Statutory provisions apply in the event of late payment.
7. Term and termination
Contracts involving ongoing management services (e.g. monthly social media management) are concluded for the minimum term stated in the offer and automatically renew for the stated period unless terminated with four weeks’ notice to the end of the term. The right to extraordinary termination for good cause remains unaffected.
8. Usage rights
Upon full payment, the Client receives the simple usage rights necessary for the agreed purpose of use in the content created for them. Unless expressly agreed otherwise, the Contractor may use created content for its own reference purposes (e.g. portfolio). Third-party rights (e.g. stock material, music) remain unaffected and are governed by the respective license terms.
9. Liability
The Contractor is liable without limitation for intent and gross negligence, and in accordance with the German Product Liability Act. In the case of slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited to the typically foreseeable damage. The Contractor assumes no liability for decisions made by third parties – in particular changes to algorithms, terms of use, advertising or moderation policies of the respective platforms (e.g. LinkedIn, Meta, TikTok, YouTube, X) – as these are outside its sphere of influence.
10. Platform policies
The Client is responsible for ensuring that the content, products and services provided comply with the applicable terms of use of the platforms used. The Contractor will, to the best of its knowledge, point out any recognizable policy violations as part of its services, but cannot guarantee compliance with the platforms’ continuously changing rules.
11. Data protection
Both parties undertake to comply with applicable data protection law, in particular the GDPR. Further information is available in our Privacy Policy. Where data processing on behalf of the Client is required for the performance of services, the parties shall enter into a separate data processing agreement (DPA).
12. Final provisions
These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent legally permissible, the place of jurisdiction for all disputes arising from or in connection with this contract is the Contractor’s place of business. Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.
Note: These Terms are a generic template for a social media management offering and do not replace an individual legal review. Please have them adapted by a qualified legal professional to your specific services and contract models before publication.