§ 1 Scope
All services of iMi digital GmbH (hereinafter referred to as iMi digital) to enterprises, service providers and freelancers (hereinafter referred to as Client) will be subject to the following Terms and Conditions (GTC)
§ 2 iMi digital Services
1. iMi digital markets companies and service providers – unless otherwise agreed – in search machines and portals on the Internet. iMi digital provides media and marketing services, for example in search engine optimization and search engine marketing, social media, web analysis, or implements cross-media marketing campaigns. The aim is to increase customer contacts and customer inquiries (leads) for the Client.
2. To market on the Internet, iMi digital uses different media, Internet portals and search engines, which iMi digital selects independently after considering advertising effectiveness and cost-effectiveness or if requested, jointly agreed to with clients. The choice of media, search engines and portals, where the Client is marketed is at the discretion of iMi digital.
3. The position of the registration of the Client in the search engines and portals is variable and depends on the respective weighting factors. iMi digital assumes no liability for certain positions. iMi digital is not obligated to achieve a certain performance in terms of number of visitors, page views, leads or customers.
4. iMi digital is entitled to fulfill contractual services to third parties. iMi digital reserves the right to transfer the contract or the rights and obligations under the contract to a third party or third parties. A special right of termination does not exist in this case.
5. The software solutions of iMi digital, including the products Timeslot, media database or digital asset management and web-based software (contract programming) are exclusively hosted and operated on an iMi digital server. The purchase of one of these products does not permit the buyer to independently host the products.
§ 3 Contract period
1. The agreement for marketing services between iMi digital and the Client has a minimum period of 2 years, unless otherwise agreed. The contract is automatically renewed for another year if it is not terminated by either of the parties 3 months prior to the expiry of the term.
2. Other services may be agreed upon in individual cases without contract. If no duration is determined, a contract may only be terminated for good reason.
§ 4 Remuneration and terms of payment
1. The payment of iMi digital services will be individually agreed to. If performance-based marketing was agreed upon, iMi digital calculates for each lead (customer contact) generated from a specially assigned 0800 telephone number or e-Mail address, an agreed upon commission at the end of the month.
2. The individual services, fees and commissions are charged and are payable immediately without any deduction for payment.
3. iMi digital sends the invoice by e-mail to the e-mail address of the Client.
4. For compensation, iMi digital is only entitled to charge undisputed or legally binding counterclaims.
5. All contractual remuneration for the services provided by iMi digital is exclusive of statutory VAT.
§ 5 Revocation Conditions
The Client may cancel his contract in writing (i.e. letter, fax, e-mail) within two weeks without giving reasons. The period begins at the earliest on the day of receiving this notice in written form. To safeguard the withdrawal period, it is sufficient to send the timely dispatch of revocation. The revocation must be sent to:
iMi digital GmbH
Managing Directors: Thomas Alexander Liersch, Dr. Steffen Behler
Tel.: +49 (0) 6123 7936-0
Fax: +49 (0) 6123 7936-66
Consequences of Revocation
In the case of valid revocation, the mutually received services and, if applicable, benefits are to be returned. If the Client cannot entirely or partially return the services received because the nature of the services does not allow it, iMi digital must be compensated accordingly.
The right of cancellation expires prematurely if the contract is completely fulfilled by both parties at explicit request before rights have been exercised.
End of Revocation
§ 6 Rights of Use and Copyrights
1. The Client provides necessary texts, images, graphics, etc. to iMi digital for marketing purposes.
2. The Client permits iMi digital to edit the content, in order to better present it on the website, for instance text reduction, text editing, or text production, or image downsizing.
3. iMi digital is allowed to include the available content in its own editorial content and/or e-mail newsletter and/or print media (i.e. newspapers, advertising brochures, flyers) and to present them there. iMi digital is allowed to name customers as references.
4. iMi digital owns the copyright to all analyses, web pages, text, graphics, concepts, ideas, and layouts generated by iMi digital. These may not be used, resold, modified and/or sold without prior permission of iMi digital.
§ 7 Liability
1. iMi digital shall be fully liable for intent and gross negligence; however, for breach of contractual obligations only ordinary negligence applies.
2. iMi digital is not liable if the obligations cannot be met due to external events, such as: provider breakdown, software failure, Internet disruptions, or improper delivery / provision of information by the Client.
3. With any potential deficits to the products and services provided by iMi digital, the Client has the right to expect iMi digital to rectify the deficits within a reasonable period of time. A monetary deduction from the agreed to remuneration is not permitted.
4. The Client ensures that the material, such as images, content and design templates, provided or approved by the Client is exempt from third party rights. On the part of iMi digital, there is no obligation to inspect the lawfulness of the provided data, images, contents or design templates.
5. The Client shall compensate iMi digital from all claims, costs and damages charged to iMi digital by third parties due to the materials provided by the Client (images, content, design), especially third-party claims for infringement of its rights, such as property rights, copyrights or personal rights, including all applicable legal defense costs.
6. iMi digital is not liable for the accuracy and timeliness of the information on the website created for the Client. All information shall be regularly and independently verified by the Client and necessary changes made known to iMi digital.
7. The liability limitations stated above apply correspondingly to iMi digital assistants.
§ 8 Final Clause
1. The exclusive place of jurisdiction for all disputes arising out of this contract shall be Wiesbaden.
2. If any provision of this Agreement is wholly or partially invalid or loses its validity later, this shall not affect the validity of the remaining provisions.