General Terms and Conditions

As of: 2026-06-01

1. Scope

1.1 All deliveries, services and offers of Unternehmensberatung Artur Pakosch (hereinafter referred to as “I”) are made exclusively on the basis of these General Terms and Conditions. They form an integral part of all contracts that I conclude with my contractual partners (hereinafter also referred to as “Client” or “you”) regarding the deliveries or services offered by me. They also apply to all future deliveries, services or offers to you, even if they are not agreed separately again.

1.2 Terms and conditions of the Client or third parties shall not apply, even if I do not expressly object to their applicability in individual cases. Even if I refer to a letter that contains or refers to the terms and conditions of the Client or a third party, this does not constitute consent to the applicability of those terms and conditions. The above shall not apply insofar as I expressly agree in writing to the applicability of deviating terms and conditions.

1.3 I may amend these General Terms and Conditions with reasonable notice, provided the amendment is reasonable for you. If you do not object within a reasonable period set by me, the amendment shall be deemed approved. I will specifically point this out in the notice of amendment.

1.4 Supplements and amendments to the agreements made, including these General Terms and Conditions, must be in text form to be effective. Transmission by email satisfies the text form requirement.

2. Offer and conclusion of contract

1.4 Supplements and amendments to the agreements made, including these General Terms and Conditions, must be in text form to be effective. Transmission by email satisfies the text form requirement.

3. Services

3.1 The scope of services of the individual services results from the current description of the service applicable at the time the contract is concluded and the contractually agreed prices.

3.2 Consulting or service services to be provided by me shall be agreed between you and me in each case by individual contract or by a service description.

3.3 Unless otherwise agreed in individual cases, I provide services via remote access. You shall provide and keep available, at your own expense, the suitable systems and networks required for this purpose.

3.4 If on-site consulting or service services are agreed, you shall inform me in writing 90 days prior to any local relocation of the systems for which service services have been agreed. In this case, I may make the further provision of support services dependent on the payment of increased fees or terminate the contract with immediate effect, with immediate maturity of the outstanding fees until the end of the ordinary term of the contract.

3.5 Unless otherwise contractually agreed, I owe in each case only a proper effort. The achievement of a specific result is not owed unless expressly agreed otherwise.

3.6 In particular, I expressly point out that, in providing services, I depend on the cooperation of third parties, e.g. operators of search engines, AI answer engines or pay-per-click advertising systems, over whose performance I have no influence. In this case as well, I owe only a proper effort. I cannot give any guarantee of success, e.g. inclusion in a specific search engine, listing in a specific position in a search results list, or mention in an AI answer.

3.7 If I provide free additional services, you have no right to performance. I am entitled to discontinue, change, or offer such services previously provided free of charge only for a fee within 24 hours. In this case, I will inform you without undue delay.

3.8 Unless expressly agreed with you in writing, I do not grant you free technical support. Such services are provided on the basis of the price list applicable at the time of commissioning. Support is provided on business days via email. Unless otherwise contractually agreed, the response time is a maximum of 48 hours. I do not provide direct support for your customers unless other agreements have been made in writing.

4. Client obligations

4.1 The provision of the agreed services by me requires your cooperation. The exact scope of the cooperation obligations shall be set out in a service description. You will cooperate with me and grant me secure access to your systems at the agreed times, including remote access, as well as to other information and documents that I may reasonably request to fulfill my obligations.

4.2 You are obliged to provide necessary data completely and correctly and to inform me of changes without undue delay. This applies in particular to your name, your address data including your address for service, and your email address.

4.3 You undertake to retrieve and check the contents of all email inboxes that you provide to me at regular intervals. I am entitled to send you contract-relevant information, notices and declarations by email to the email address you provided at the time of contract conclusion or any other email address you provide to me.

4.4 You are obliged to change passwords assigned to you without undue delay and to store and keep confidential the access data assigned to you with due care. If third parties obtain knowledge of your access data and you are responsible for this, you must pay the costs incurred by third parties through the use of your access data.

4.5 You are obliged, when using my services, to refrain from actions that are intended or evidently suitable to impair the security, integrity or availability of my systems.

4.6 It is your responsibility to regularly back up your data, in particular before and after changes, to systems that are not provided or operated by me. In the event of data loss, you will restore the affected data free of charge from your backup.

4.7 If disruptions occur when using my services, you will inform me of these disruptions without undue delay.

5. Prices and payment terms

5.1 All stated prices are net prices plus the statutory VAT, if applicable.

5.2 If I charge usage-independent fees for the provision of my services, these fees are due in advance for the contract term upon conclusion of the contract, unless a different billing period has been agreed.

5.3 If I invoice usage-dependent fees for my services, these fees are due for payment after the end of the respective billing period. Unless otherwise agreed in individual cases, a calendar month is agreed as the billing period.

5.4 I will invoice you for amounts due in writing. Invoices are generally sent electronically by email.

5.5 In the context of contracts with an agreed term of more than six months, I am entitled to increase agreed fees at most once per quarter. The price increase requires your consent. Your consent shall be deemed granted if you do not object to the price increase within four weeks of receipt of the price increase notice. I will specifically point this out in the price increase notice.

5.6 In the event of a change in the statutory VAT rate, I am entitled to adjust the fees for services provided under continuing obligations accordingly from the time the change takes effect.

5.7 Amounts invoiced by me are due for payment within 14 days of receipt of the invoice, unless otherwise agreed in individual cases. The decisive date for payment is the date of receipt by me.

5.8 If you are in default, I am entitled to charge default interest on the outstanding amounts from the due date at a rate of 8% above the base interest rate pursuant to Section 247 of the German Civil Code (BGB) per annum, but at least the statutory default interest. In this case, I am also entitled to charge you a reminder fee of EUR 10 for each reminder, unless you prove to me that no damage was incurred at all or that the damage was incurred to a significantly lesser extent.

5.9 You may only offset my claims with undisputed or legally established counterclaims.

6. Term and termination

6.1 If the concluded contract is aimed at regularly recurring services and unless otherwise specified, the contract is concluded for an indefinite period and, unless otherwise agreed, is automatically extended by the respective minimum contract term, but by a maximum of one year each time. In this case, it may be terminated by either party with one month’s notice to the end of the respective contract term.

6.2 If I am commissioned with the creation of a work, ordinary termination is excluded.

6.3 The right to terminate without notice for good cause remains unaffected by the above provisions. Good cause entitling me to terminate without notice exists in particular if: (6.3.a) you culpably breach material contractual obligations even after a warning and expiry of a reasonable period; (6.3.b) you become insolvent, an application is filed to open insolvency proceedings over your assets, such application is rejected for lack of assets, or provisional measures under the German Insolvency Code (InsO) are ordered; (6.3.c) enforcement measures are taken against you and are not lifted within one month; (6.3.d) you are in default for two consecutive months with the payment of a not insignificant part of the remuneration, or you are in default over a longer period with an amount corresponding to a monthly fee; (6.3.e) you behave inappropriately or disrespectfully towards me and your business conduct does not correspond to the values of respectful cooperation.

Additional note on 6.3.e: If you suffer from choleric outbursts, are a notorious pusher, or hold misanthropic views, I ask you, in both our interests, not to enter into a business relationship with me.

6.4 Terminations must be in text form; transmission by email satisfies the text form requirement.

7. Suspension of services

I am entitled to suspend services provided in whole or in part if you are fully in default with due payments or in the event of a breach of these General Terms and Conditions, in particular of an obligation under Clause 10.

8. Liability

8.1 I am only liable for damages if I or one of my vicarious agents breaches a material contractual obligation (“cardinal obligation”) in a manner that jeopardizes the purpose of the contract, or if the damage is due to gross negligence or intent on my part or on the part of one of my vicarious agents. If the breach of a cardinal obligation is not intentional or grossly negligent, my liability is limited to the damage that was reasonably foreseeable for me at the time the contract was concluded.

8.2 I am liable without limitation in the event of injury to life, body and/or health, as well as in the event of liability under the Product Liability Act.

9. Copyrights

9.1 The parties remain in possession of their respective existing intellectual property rights.

9.2 I grant you a non-exclusive, unlimited right of use in time to all work results created individually for you in accordance with the service description, provided you have paid the full invoice amount.

9.3 Otherwise, I remain the owner and/or retain the exclusive rights to all work results, designs, concepts, methods, analyses and models that are used or created by me within the scope of a service description. The same applies to know-how, techniques and other methods contributed by me. I grant you a non-exclusive right of use thereto insofar as this is necessary for the contractual use of the work results.

9.4 If I provide you with my own or third-party software or other protectable content, I grant you, unless otherwise specified, a non-exclusive right of use limited in time to the term of the associated contract.

10. Client content

10.1 You are responsible for all content that you transmit to me or make available for retrieval on your internet presences (“Own Content”).

10.2 You shall ensure at all times that your own content does not violate statutory prohibitions, public morals, or third-party rights—including trademark, name, copyright and data protection rights. In particular, you will not publish pornographic or violence-glorifying content.

10.3 You undertake not to send or have sent advertising by email via systems provided by me without the express consent of the respective recipient.

11. Indemnification claim, contractual penalty

11.1 You warrant that all content you provide to me is free of third-party rights or that you have all necessary rights thereto.

11.2 Upon first request, you shall indemnify me against all third-party claims asserted against me that are based on the fact that you do not have all necessary rights to the content provided to me or that you have violated a provision of these General Terms and Conditions.

11.3 For each breach of a provision of Clause 10, you promise to pay me a contractual penalty in the amount of EUR 5,000 (in words: five thousand euros).

12. Reference lists, right to include a logo

12.1 You grant me the right to include your name, your logo and a brief description of our cooperation in a customer reference list and to use it for the purpose of self-promotion.

12.2 If I perform individual services for you on your website, you grant me the right to include my logo, including the company imprint, in the imprint of your website and to link it to the website of onlinemarkentier.de.

13. Data protection

The collection, processing and use of personal data is carried out exclusively in accordance with the applicable General Data Protection Regulation (GDPR) and the relevant national data protection laws. For further information, please refer to the separate privacy policy on my website.

14. Final provisions

14.1 A transfer of this contract with all rights and obligations is only permissible in the event of a change of company name, a change of legal form, a merger or comparable universal succession of my company to the respective legal successor. Any transfer beyond this to other companies affiliated with me requires your prior written consent. I am also entitled to use subcontractors to fulfill my obligations. You are not entitled to assign rights and obligations arising from this contract.

14.2 The place of jurisdiction for all disputes arising from the business relationship between you and me shall, at my discretion, be Hanover or the Client’s place of business, provided the Client is domiciled in the Federal Republic of Germany. For actions against me, Hanover shall be the exclusive place of jurisdiction. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

14.3 The relationship between you and me is governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall not apply.

14.4 If the contract or these General Terms and Conditions contain gaps in provisions, those legally effective provisions shall be deemed agreed to fill these gaps which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the gap in provisions.

Unternehmensberatung Artur Pakosch, Fenskeweg 6, 30165 Hanover – pakosch@onlinemarkentier.de