1. SCOPE OF SERVICE 

1.1 These General Terms and Conditions (GTC) apply to all contracts between Comanfize GmbH (hereinafter referred to as "Provider") and a company (hereinafter referred to as "Customer"), which are concluded by assignment - in writing, by e-mail or by implied action. The Customer is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (§ 14 German Civil Code). A right to revoke the contract therefore does not exist 

1.2 The Provider shall provide services as the Customer's consulting company in the area of marketing, sales and digitization to increase revenue growth and scalability. 

1.3 If the scope of services includes representation in the name and for the account of the partner, supplementary terms and conditions shall apply, which may be agreed separately. 

1.4 Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their application in writing or by e-mail. 

2. CONCLUSION OF CONTRACT 

2.1 The offers of the provider are not binding. A contract is only concluded or upon commencement of service delivery by the Provider. The concrete agreements take place in the main contract and are hierarchically above these GTCs. 

3. PRICES & TERMS OF PAYMENT 

3.1 The prices result from the respective offer or the order confirmation of the Provider. Unless otherwise stated, they are net prices plus the statutory value added tax. 

3.2 The terms of payment result from the offer or the order confirmation. Unless otherwise agreed, payment is due within 14 days after invoicing without deduction. 

4. PERFORMANCE OBLIGATIONS 

4.1 The service description of the provider is conclusive. The success of measures can only be predicted. There is no claim to the achievement of a specific success. In this respect, the provider does not owe the provision of a work. 

 4.2 The Provider is entitled to use third parties as vicarious agents to provide the agreed services. 

4.3 The Customer is obligated to provide all information and documents required for the performance of the service in a timely and complete manner. 

5. LIABILITY 

5.1 The Provider shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for warranties is independent of fault. In cases of slight negligence, the Provider shall be liable exclusively in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz), for injury to life, limb or health, or for breach of essential contractual obligations.

5.2 The claim for damages for the slightly negligent breach of essential contractual obligations shall, however, be limited to the foreseeable damage typical for the contract, unless there is liability for injury to life, limb, or health. 

6. TERM OF CONTRACT & TERMINATION 

6.1 The term of the contract shall be determined by the main contract. 

6.2 The right to terminate without notice for good cause shall remain unaffected. 

7. DATA PROTECTION 

7.1 The Provider shall process personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
 

7.2 For efficient project management and transparent time recording, the provider uses the ClickUp software from Mango Technologies Inc. whose privacy policy the customer can view at https://clickup.com/privacy. 

8. CUSTOMER NAMING 

8.1 The Customer grants the Provider the right to use the Customer's name and a general description of the services provided as a reference. 

9. CONFIDENTIALITY 

9.1 Both parties agree to keep all confidential information confidential. 

9.2 The Provider shall promptly return all documents received from the Customer upon termination of the agreement. 

10. NON-SOLICITATION 

10.1 The Customer undertakes not to entice away any employees of the Provider during the term of the Agreement and for one year thereafter. 

11. FREEDOM FROM INSTRUCTIONS 

11.1 The Provider shall provide the Services as an independent contractor and shall not be subject to any instructions from the Customer regarding the details of the provision of the Services. 

12. INTELLECTUAL PROPERTY 

12.1 Comanfize GmbH reserves all rights to the materials, concepts and ideas created by it. The customer receives a simple, transferable right to use the materials created under the contract. 

13. FINAL STATEMENTS 

13.1 The law of the Federal Republic of Germany shall apply. The place of jurisdiction is the registered office of the Provider. 

13.2 Should individual provisions of the contract or these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.