Terms.
General Terms and Conditions of ADSIGN Marketing for consulting, design and marketing services. Last updated: May 2026.
§ 1 Scope
(1) The following General Terms and Conditions (hereinafter “GTC”) apply to all contracts between ADSIGN Marketing (hereinafter “Agency”) and the client concerning the provision of marketing, consulting, concept, design and web development services.
(2) Deviating, conflicting or supplementary terms of the client shall only become part of the contract if the Agency has expressly agreed to their validity in writing.
§ 2 Subject matter
(1) The subject matter of the contract is the service specified in the respective offer or order. The scope and content are governed exclusively by the service descriptions agreed in writing.
(2) The Agency owes the provision of the agreed services, but not the occurrence of a specific economic outcome (campaign success, reach, conversion rate, etc.), unless this has been expressly agreed as a guaranteed result.
§ 3 Offer & conclusion of contract
(1) Offers by the Agency are non-binding. A contract is concluded upon written order confirmation or the start of the provision of services.
(2) There are no verbal side agreements. Amendments or additions require text form.
§ 4 Client cooperation
The client shall provide the Agency with all information, materials and access required for the provision of services in good time and in a suitable form. Delays originating from the client’s sphere shall extend the service deadlines accordingly.
§ 5 Remuneration & payment terms
(1) Remuneration is based on the respective offer. Unless otherwise agreed, the Agency’s daily rates or flat prices at the time the contract is concluded shall apply.
(2) All prices are exclusive of statutory VAT.
(3) Invoices are due for payment within 14 days of the invoice date without deduction. For projects from €5,000 net, the Agency may require a down payment of 30% at the start of the order.
(4) In the event of default in payment, the Agency is entitled to charge default interest at the statutory rate.
§ 6 Service deadlines
Agreed deadlines are only binding if they have been confirmed in writing. Force majeure and unforeseeable events that significantly impede or render the Agency’s performance impossible release the Agency from its obligation to perform for their duration.
§ 7 Correction rounds & change requests
(1) Unless otherwise agreed, two correction rounds per deliverable unit (logo, layout, page, etc.) are included in the scope of services. Further corrections will be billed according to effort at the agreed hourly rate.
(2) Substantial changes to the briefing after the start of the order entitle the Agency to adjust the contract within the scope of a change request.
§ 8 Rights of use
(1) The client receives the rights of use required for the agreed purpose to the services provided and released in accordance with the contract. The transfer of rights is subject to the condition precedent of full payment.
(2) The Agency remains entitled to use the services provided for the client for reference purposes (portfolio, case studies, awards), unless confidentiality has been expressly agreed.
§ 9 Warranty
(1) The Agency provides its services with the care of a prudent businessperson in accordance with the current state of the art.
(2) Obvious defects must be reported in writing within 14 days of delivery. Otherwise, the service is deemed accepted.
§ 10 Liability
(1) The Agency is liable without limitation for intent and gross negligence, as well as under the provisions of the Product Liability Act.
(2) In the case of slight negligence, the Agency is only liable for the breach of material contractual obligations and limited to the foreseeable damage typical for the contract.
(3) Any further liability of the Agency, in particular for lost profit or consequential damages, is excluded to the extent permitted by law.
§ 11 Confidentiality
Both contracting parties undertake to treat all confidential information of the other party that becomes known to them in the course of the cooperation as confidential and to use it only within the scope of contract performance. This obligation continues to apply after the end of the contract.
§ 12 Termination
(1) Ongoing contracts may be terminated by either party in the ordinary way with a notice period of four weeks to the end of the month, unless otherwise agreed.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Terminations require text form.
§ 13 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of performance and jurisdiction is — to the extent legally permissible — the registered office of the Agency.
(3) Should individual provisions of these GTC be wholly or partially invalid, the validity of the remaining provisions remains unaffected. The legally permissible provision that comes closest to the economic purpose shall apply in place of the invalid provision.
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