Terms and Conditions
Last updated: January 2025
1. Scope
These General Terms and Conditions (GTC) apply to all services of Weber Media Consulting GmbH (hereinafter "Weber Media" or "we") in the areas of Web Development, Performance Marketing, and Digital Recruiting. Deviating conditions of the customer will not be recognized unless we expressly agree to their validity in writing.
2. Subject Matter of Services
Weber Media provides the following services:
2.1 Web Development
Development, programming, and maintenance of websites, web applications, and e-commerce solutions.
2.2 Performance Marketing
Conceptualization, implementation, and optimization of performance marketing campaigns (SEA, SEO, Social Media Marketing).
2.3 Digital Recruiting
Recruiting services including AI-powered target group analysis, performance campaigns, and personal pre-qualification of candidates.
3. Contract Conclusion
The contract is concluded by our written order confirmation or by commencement of service provision. Oral side agreements require written confirmation.
4. Prices and Payment Terms
All prices are plus statutory VAT. Invoices are due for payment within 14 days of invoice date without deduction. In case of payment default, default interest of 9 percentage points above the base rate will be charged.
5. Customer Obligations
The customer undertakes to provide all information, documents, and access required for service provision in a timely and complete manner. Delays in this regard extend the service periods accordingly.
6. Warranty
The statutory provisions apply to defects. The warranty period is 12 months from delivery. Excluded are defects that are due to incorrect or incomplete information from the customer.
7. Liability
We are fully liable for intent and gross negligence. In case of slight negligence, we are only liable for breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place. Liability is limited to foreseeable, contract-typical damage.
8. Copyright and Usage Rights
All works created by us remain our intellectual property until full payment. After full payment, the customer receives the agreed usage rights. Transfer to third parties requires our written consent.
9. Confidentiality
We undertake to maintain confidentiality about all business secrets and confidential information of the customer. This obligation continues even after termination of the contractual relationship.
10. Termination
Both parties can terminate the contract with a notice period of 4 weeks to the end of the month, unless otherwise agreed. The right to extraordinary termination for important reasons remains unaffected.
11. Special Provisions for Recruiting Services
For recruiting services, the following additional provisions apply:
11.1 Quality Guarantee
We guarantee that all presented candidates meet the agreed requirements. Should a presented candidate not meet the agreed qualification criteria, we will present a replacement candidate free of charge.
11.2 Candidate Data and Data Protection
We process candidate data exclusively in accordance with GDPR and only with the express consent of candidates. The client undertakes to treat the received candidate data confidentially and to use it only for the agreed purpose.
11.3 Placement Fees
Placement fees are only due upon successful hiring of a candidate presented by us. The amount of the fee is based on the agreed annual salary of the hired candidate and is specified in the contract.
11.4 Exclusivity
For the duration of the contractual relationship, exclusivity can be agreed, whereby the client recruits exclusively through us for certain positions. The details are regulated in the individual contract.
11.5 Warranty Period
For recruiting services, the warranty period is 6 months from the hiring of the candidate. Should the candidate terminate the employment relationship within this period, we will present a replacement candidate free of charge.
12. Final Provisions
German law applies excluding the UN Sales Law. Place of jurisdiction for all disputes is Hamburg. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.