(1) If you (hereinafter referred to as "Customer") subscribe to newsletters/mailings from us, ATZ AG, Phoenixseestraße 21, 44263 Dortmund, and/or use our services, and/or purchase products/goods, and/or enter into consulting/coaching agreements with us, and/or book seminars/events with us, the exclusive applicability of these General Terms and Conditions (GTC) is agreed upon. We do not permit the use of our offers without prior acceptance of our GTC. (2) Before using our services, you confirm that you are an entrepreneur within the meaning of § 14 BGB, a merchant, a legal entity under public law, or a special public-law fund (hereinafter referred to as "Customer" or "Client") and that you are utilizing our services exclusively for the establishment or expansion of your secondary or commercial business activities or entering into contracts with us for this purpose. (3) All agreements made between you and us in connection with the respective contract result from these terms and from individual agreements made with you. (4) The version of our GTC valid at the time of use of our services shall apply. (5) These GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if ATZ AG has expressly agreed to their applicability. This requirement of consent applies in any case, for example, even if ATZ AG, with knowledge of the Customer’s GTC, begins providing the services unconditionally.
(1) ATZ AG provides comprehensive consulting and agency services in the field of marketing and website creation. Unless expressly agreed otherwise in writing, ATZ AG does not owe the Customer the production of a specific work/result. (2) The Customer must perform the required acts of cooperation fully and in a timely manner upon the first request by ATZ AG. If the Customer fails to cooperate and thus prevents ATZ AG from rendering its services, ATZ AG's entitlement to remuneration remains unaffected. (3) The Customer is informed that third-party providers such as Facebook and Google have the right to stop/suspend advertising campaigns at any time without stating reasons. ATZ AG is not responsible for such actions, and its entitlement to remuneration remains unaffected in such cases. (4) Regarding the services provided to the Customer, ATZ AG has the right to determine performance in accordance with § 315 BGB. (5) ATZ AG is entitled to have the services owed to the Customer provided by agents/subcontractors and third parties. (6) Any advertising costs incurred for third-party providers are not included in ATZ AG's remuneration and must be borne separately by the Customer. (7) If the contracting party instructs ATZ AG to pause campaigns temporarily or if a pause is required for reasons beyond ATZ AG's control, this does not affect ATZ AG's entitlement to remuneration. (8) The Customer is solely responsible for ensuring the legal compliance of any advertisements, websites, and landing pages. It is recommended that the Customer have them reviewed by legal counsel in advance. (9) If the use of images and/or video material is required for collaboration, the Customer must provide ATZ AG with all necessary usage and editing rights for contract fulfillment or procure an appropriate license. (10) Services booked with ATZ AG are not transferable to third parties. (11) If ATZ AG provides domains, landing pages, or websites for advertising campaigns, they are made available to the Customer only until the end of the contract term unless otherwise individually agreed. The transfer of provided domains, landing pages, websites, and other content beyond the contract term is not considered agreed upon by default.
(1) Our offers and presentations (e.g., on websites, flyers, brochures, online shops, coupons) are generally non-binding. Booking requests and offers from Customers must be expressly confirmed by us. Confirmation is usually made via email but is not limited to this method. (2) The contract between us and the Customer can be concluded orally (via video chat, phone, etc.) or in writing. If the contract is concluded orally, the Customer has no claim to receive the contract contents again in written form unless otherwise agreed. (3) Contracts concluded orally between us and the Customer become effective through mutual declarations of intent. The Customer agrees that we may record the phone call and/or video chat for evidence and documentation purposes. (4) We will confirm receipt of orders and requests placed via our website/video chat without delay via email. Such an email does not constitute a binding acceptance of the order unless it simultaneously includes both receipt confirmation and acceptance. This is particularly the case when the Customer is granted immediate access to their order (e.g., access to a password-protected participant platform). (5) If the provision of the ordered services is not possible, for example, due to technical reasons, we will refrain from issuing a declaration of acceptance. In such cases, no contract is concluded. We will inform the Customer immediately and refund any payments already received without delay. (6) Our services may also be distributed under the name of authorized partners and third-party providers. If a booking/contract is concluded with a third-party provider/distributor, only their terms and conditions apply. ATZ AG is not responsible for the actions of distributors/third-party providers. (7) If our services are advertised, but the contract is concluded via a third-party provider/distributor, only the third-party provider/distributor is responsible for the respective offer. (8) Due to the limited number of participants in the interest of our Customers, registrations are considered in the order of their receipt. (9) We reserve the right to restrict our offers to specific customer groups (e.g., merchants, entrepreneurs) on a case-by-case basis. We will inform about such restrictions before the contract is concluded. (10) The contract language is German. (11) The contract text will be regularly stored by us after the contract is concluded and can be requested via email upon request.
(1) If a booked service is predominantly subject to contract law under statutory provisions and therefore requires acceptance, the following paragraphs 2-10 apply only to such services. (2) ATZ AG may request the Customer to accept partial services upon their completion and, after implementing all necessary adjustments, may also demand overall acceptance of all services. (3) The acceptance of services requires a functional test by the Customer. The functional test is deemed successful if the provided services meet the agreed requirements. (4) Once the functional test is successfully conducted, the Customer must declare acceptance without delay. ATZ AG may set a deadline of one week for the Customer to accept the partial or overall service. If the Customer does not provide written notification of defects within this period, the service is considered accepted. The Customer is responsible for preparing a defect report and delivering it to ATZ AG. The risk of transmission lies with the Customer. (5) If significant defects are found during the functional test, ATZ AG is obligated and entitled to rectify them accordingly. (6) In the case of substantial defects, ATZ AG has the right to make two subsequent corrections within a reasonable timeframe set by the Customer. The time required for these corrections shall be compensated separately by the Customer. Minor defects shall not prevent acceptance of the service. (7) If the parties dispute whether a defect is significant or minor, an expert appointed by a Chamber of Commerce and Industry shall assess the matter before any legal proceedings. The Customer is required to prepay the expert's reasonable fee. If the expert confirms a significant defect, ATZ AG will reimburse the Customer for the incurred costs. (8) The service provided by ATZ AG is deemed accepted if the Customer does not declare acceptance in writing within seven business days after being requested to do so. (9) The Customer has no further claims for reimbursement of expenses related to defect rectification, compensation, or reimbursement of unsuccessful expenses. (10) If the defects leading to an extraordinary contract termination are not substantial as defined above, the Customer has no right to reclaim portions of the payment made.
(1) The prices provided and communicated by ATZ AG are binding. All prices are stated net, exclusive of statutory VAT. (2) Unless otherwise individually agreed, the Customer's due remuneration is payable immediately, in full, and in advance. A SEPA direct debit authorization issued to ATZ AG remains valid until revoked and applies to future business transactions. (3) If SEPA direct debit is agreed upon, the Customer must provide ATZ AG with a written SEPA mandate after contract conclusion. ATZ AG will provide the necessary form upon request. (4) ATZ AG will issue a proper invoice to the Customer, including VAT, if applicable, either directly or through authorized agents. (5) If agreed direct debits cannot be collected from the Customer’s account, leading to a chargeback, the Customer must transfer the due amount within three business days of the chargeback and cover any costs incurred by the chargeback. (6) Offsetting counterclaims is only permissible if acknowledged by the other party or legally established. The same applies to the exercise of a right of retention. (7) If SEPA direct debit is not possible, ATZ AG charges a handling fee for manual processing. Manual invoice verification and payments made by the Customer instead of using the automated SEPA direct debit process incur a processing fee of €30 net per transaction. (8) Travel cost policy for ATZ AG consultant teams:
(1) The contract has a minimum term as individually agreed between the parties. Early termination is excluded. (2) Any unilateral termination rights of the customer are excluded. (3) Terminations must be made in writing to be effective. (4) The right to extraordinary termination for good cause remains unaffected. (5) In the event of early termination by the customer for good cause, our entitlement to remuneration remains unaffected. The customer retains the right to prove that we have incurred no damage or significantly less damage. (6) Unless otherwise agreed between us and the customer, the contract term shall automatically renew for a period equal to the initial term unless one of the contracting parties terminates the contract at least 12 weeks before the end of the initial or extended term (= notice period).
(1) Deadlines for service provision by ATZ AG shall not commence until the invoice amount has been received by ATZ AG and all necessary data required for the services have been fully provided to ATZ AG, or all necessary cooperation actions have been completely performed in accordance with the agreement. (2) If the customer is in default with due payments, ATZ AG reserves the right to suspend further services until the outstanding amount has been settled. (3) If the customer is in default with at least two due installment payments, ATZ AG is entitled to terminate the contract extraordinarily and discontinue the services. In such cases, ATZ AG reserves the right to claim the full remuneration due until the next regular termination date as compensation for damages.
(1) ATZ AG shall perform the agreed services in accordance with the offer and with the necessary diligence. ATZ AG is fully entitled to engage third parties to assist in the performance of these services. (2) If ATZ AG is unable to provide the agreed services due to reasons attributable to the customer, ATZ AG’s entitlement to remuneration remains unaffected.
(1) The customer is required to adhere to the customary standards of fair business conduct in their interactions with us. We reserve the right to take civil legal action against any unlawful and/or improper or unjustified statements about our company and services, whether made by customers, competitors, or other third parties. This includes, in particular, false statements of fact and defamatory criticism, which we may also report to law enforcement authorities without prior notice. (2) The customer is obligated to consider our interests when posting reviews and comments on social media. In particular, the customer may not publish or disseminate false statements of fact or defamatory criticism about us, our programs, or our events. (3) We exercise house rights at our events and seminars. The customer must comply with our instructions. In cases of violations, we are entitled to exclude the customer from the event after a single warning for the remaining duration. The customer’s obligation to provide payment remains unaffected in such cases. (4) Section (3) also applies to bookings made through sales partners or third-party providers, as well as to virtual events (e.g., webinars).
(1) Advertising Campaigns: The customer receives a simple, non-transferable right of use for the duration of the contract term regarding the work and service results created and provided by ATZ AG. Work and service results within the meaning of the underlying contract include all work or services, or parts thereof, created by ATZ AG for the customer (e.g., all information, documents, evaluations, videos, photos, know-how acquired during contract fulfillment, advertisements, drawings, materials, specifications, program drafts, (electronic) files, data collections, custom software including related documentation, manuals, and IT systems in the form of source code or otherwise). (2) Websites: The customer receives a simple, permanent, and non-transferable right of use for the work and service results created and provided by ATZ AG. (3) Clause (1) applies only if the customer has fully paid the remuneration owed to ATZ AG under the main contract. (4) If installment payments are agreed upon, the usage right specified in clause (1) is transferred to the customer only after full payment of the final installment, unless otherwise individually agreed. (5) The transfer of work and service results to third parties (including affiliated companies) is prohibited. The same applies to modifications under § 23 UrhG (German Copyright Act). (6) The dissemination of our program content to third parties is strictly prohibited and will be pursued both civilly and criminally in the event of a violation. This particularly applies to access credentials for our membership platforms. Unless otherwise individually agreed, the right of use is granted exclusively to our direct contractual partner. (7) We hold exclusive copyright exploitation rights to all images, videos, texts, webinars, databases, etc., published by us (e.g., on Facebook or password-protected platforms). Any use of this content without our consent is not permitted. (8) The customer receives a simple right of use for the duration of the contract regarding the content stored in our password-protected member area. This right of use is granted solely for the execution of the contract concluded with the customer. (9) Access credentials and logins to our programs, content, and platforms are provided exclusively for the duration of the contracted term and are generally assigned personally. The sharing of access credentials, login data, and content from our membership platforms with unauthorized third parties is strictly prohibited. In the event of a violation, an appropriate contractual penalty, determined at our reasonable discretion depending on the program, and in individual cases up to €15,000, shall be deemed forfeited. Access by employees of the customer is generally permissible but must be expressly approved and confirmed by us. (10) By using our membership platforms, the customer agrees to the evaluation of their individual usage behavior and the collection of related data (including IP and MAC addresses), which may have personal references, on the respective platform by our company and the use of corresponding software for the duration of the contract term. (11) Violations of our trade and business secrets as well as our copyright rights will always be pursued through civil litigation and reported to the competent law enforcement authorities. (12) The customer is not granted any usage rights regarding advertising texts or ads published by us on our websites or within forums/groups.
If our customers are entrepreneurs within the meaning of § 14 BGB (German Civil Code), they are not entitled to a statutory right of withdrawal for services booked via distance selling. We do not grant a contractual right of withdrawal either.
(1) We are liable to you in all cases of contractual and non-contractual liability for damages or reimbursement of wasted expenses in accordance with statutory provisions in cases of intent and gross negligence. (2) In all other cases, unless otherwise specified in paragraph (3), we are only liable for the violation of a contractual obligation that is essential for the proper execution of the contract and on which you as a customer may regularly rely (so-called cardinal obligation). In such cases, our liability is limited to the compensation of foreseeable and typical damages. In all other cases, our liability is excluded, subject to the provision in paragraph (3). (3) Our liability for damages resulting from injury to life, body, or health, as well as under the Product Liability Act, remains unaffected by the above limitations and exclusions of liability. (4) As part of their duty to cooperate, the customer is obligated to provide us only with image, video, and audio material that is free of third-party rights. The customer fully indemnifies us against any third-party claims arising from the infringement of intellectual property rights in this regard.
(1) The protection of personal data is our highest priority. We provide separate information in our Privacy Policy regarding the collection, storage, and processing of personal data, as well as the rights of data subjects in this regard. You confirm that you have read and acknowledged our Privacy Policy before using our services and that you agree to its terms. (2) You consent, with the option to withdraw at any time, to being contacted by our company via remote communication methods (e.g., email, SMS, phone, messenger services). If you wish to object to being contacted, you must send us an email at info@atz.de. Your email must specify all contact details through which you no longer wish to be contacted. Any incomplete information in your objection will not be our responsibility. The decisive factor is the actual receipt of your email by us. (3) You consent, with the option to withdraw at any time, to the storage and processing of all personal data you have provided to us (e.g., application form: name, address, telephone number, email address, personal interests, financial situation, hobbies, personality traits). You also consent to the use of cookies within our services, the evaluation, storage, and merging of your user behavior, as well as the processing and transfer of your personal data and user profiles for marketing and advertising purposes to third-party companies outside the EU/EAA. Regarding withdrawal of consent, paragraph (2) and § 5 of our Privacy Policy apply.
(1) When you book participation in our seminars or events, your booking is binding. We typically confirm the booking via email. (2) The customer is only entitled to withdraw from the booking if there is a valid reason, in accordance with the provisions of paragraph (3). The customer is required to provide a qualified proof of the valid reason along with the withdrawal declaration. (3) If the withdrawal declaration, due to a valid reason, is received by us at least 8 weeks before the event, a processing fee of 35% of the participation fee will be charged. If the withdrawal is received between 8 and 4 weeks before the event, 50% of the participation fee is due. If the withdrawal declaration is received less than 4 weeks before the event, the full participation fee will be charged. However, the customer retains the right to prove that we have suffered no damage or significantly less damage than the aforementioned fixed amounts. (4) A substitute participant may only be provided with our prior approval.
All goods are manufactured and made available as quickly as possible. Any delivery time indications are estimated delivery times. Claims for damages due to non-fulfillment or delayed delivery are excluded. Partial deliveries do not entitle the customer to reject the remaining delivery.
The risk is transferred to the customer upon handing over the goods to the shipping carrier or freight forwarder, but no later than when the goods leave our shipping locations. The choice of shipping method and packaging is at our discretion, and we assume no liability except in cases of intent or gross negligence. Express shipping costs or special requests (e.g., rail express, priority package) are at the buyer's expense.
ATZ AG retains ownership of the goods until all claims of the seller against the buyer arising from the business relationship have been settled. This also applies if individual or all claims of ATZ AG have been included in an ongoing account and the balance has been determined and acknowledged. ATZ AG commits to releasing securities to which it is entitled upon the customer’s request, insofar as the realizable value of the securities exceeds the secured claims by more than 10%. The selection of securities to be released is at the discretion of ATZ AG. Furthermore, the seller reserves the right to exercise its statutory right of withdrawal after setting a reasonable deadline if the buyer fails to fulfill contractual obligations properly. The same applies in cases of breach of secondary obligations, particularly improper handling of the purchased goods by the buyer, if adherence to the contract becomes unreasonable for the seller.
If the buyer resells the goods subject to retention of title, they hereby assign all claims arising from this transaction to the seller. This assignment applies both when selling unprocessed goods subject to retention of title and when they have been processed or combined with items owned exclusively by the buyer. If the goods subject to retention of title are resold after processing or combining them with goods not owned by ATZ AG, the buyer hereby assigns the claims arising from the resale in the amount of the value of the goods subject to retention of title, including all ancillary rights and with priority over other claims. The buyer remains authorized to collect the assigned claims even after assignment. However, ATZ AG's right to collect the claims itself remains unaffected. ATZ AG commits not to exercise this right as long as the buyer properly fulfills their contractual obligations. ATZ AG may require the buyer to disclose the assigned claims and the respective debtors, provide all necessary collection information, hand over relevant documents, and notify the debtors of the assignment.
If ATZ AG assumes liability under a bill of exchange in connection with the buyer’s payment of the purchase price, the retention of title and the underlying claim arising from the delivery of goods shall not expire until the bill of exchange has been redeemed by ATZ AG as the beneficiary.
Sketches, drafts, sample typesetting, proof prints, samples, and similar preliminary work commissioned by the customer will be charged separately. The customer is responsible for reviewing the compliance of preliminary and interim materials sent for correction. Upon approval for printing, the risk of any errors is transferred to the customer, unless the errors result from technical defects in production. This also applies to other approvals given by the customer for further production. For color reproductions in all printing processes, minor deviations from the original cannot be objected to. Over- or under-deliveries of up to 10% of the ordered quantity are not grounds for complaint. The customer will be charged for the actual delivered quantity. We do not assume liability for printing templates lost during shipping. Delivered printing templates will be adjusted to the available print format as necessary.
The buyer is obligated to inspect the goods and report any defects in writing within 14 business days of receipt. Defects affecting only a part of the delivered goods do not entitle the buyer to reject the entire delivery. Hidden defects must also be reported immediately, but no later than 14 business days after discovery, in writing. Minor deviations in quality, color, weight, or other commercially customary or technically unavoidable variations do not justify a defect complaint. If a defect complaint is unjustified, the seller reserves the right to request reimbursement from the buyer for any costs incurred. If the complaint is justified, ATZ AG will, at its own discretion, either rectify the defect or provide a full replacement after review. The buyer may demand contract cancellation if the rectification or replacement delivery fails, if the seller wrongfully refuses or delays defect rectification or replacement, and if the buyer has granted a reasonable grace period, which has expired without resolution.
Losses or damages occurring during transport must be reported by the recipient directly to the carrier, even if no external damage to the packaging is visible. The seller excludes liability for damages resulting from the use of electronic devices, software, or similar products.
(1) Deviations from these General Terms and Conditions (GTC) are only valid if agreed upon in writing. Any individually agreed arrangements with the customer (including side agreements, additions, and modifications) shall always take precedence over these GTC. The content of such agreements is determined by a written contract or written confirmation from ATZ AG. (2) The entire contractual relationship between ATZ AG and the customer is subject to German law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG / UN Sales Law). (3) The place of performance is the registered office of ATZ AG. The exclusive place of jurisdiction for commercial disputes is the registered office of ATZ AG (currently: Herdecke, Germany). (4) Should any provision of the contract be or become invalid or unenforceable, whether for factual or legal reasons, the validity of the remaining provisions shall remain unaffected. ATZ AG and the customer are obligated to replace the invalid or unenforceable provision with a valid provision that comes closest to the economic intent of the original clause. (5) Dispute Resolution: The European Commission has created an online dispute resolution platform for the out-of-court settlement of disputes related to contractual obligations arising from online purchase agreements. More information is available at: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. GTC Version: 15.08.2018 – © Reproduction Prohibited
