General Terms and Conditions of EB Vertrieb & Marketing GmbH,

Fockenfeld 1, 95692 Konnersreuth, Germany

§1 Scope

If you (hereinafter referred to as the "Client")

– subscribe to newsletters/mailings from us,

– and/or make use of our services,

– and/or enter into consulting/coaching agreements,

– and/or book seminars with us,

the exclusive applicability of these General Terms and Conditions (GTC) is agreed upon. We do not permit the use of our services without prior acknowledgment of our GTC.

Before making use of our services, you confirm that you are an entrepreneur as defined in §14 of the German Civil Code (BGB) and that you use our services exclusively for the establishment or expansion of your (side) business activity.

All agreements made between you and us in connection with the respective contract are derived from these terms and any individual arrangements made with you.

The version of our GTC valid at the time of use of our services is decisive.

We do not accept any deviating terms and conditions of the Client. This also applies if we do not expressly object to their inclusion.

§2 Subject of the Contract

We offer consulting and services for the following topics:

– Online Marketing (e.g., Facebook, Instagram, websites, landing pages, etc.)

– Print Marketing (e.g., brochures, posters, etc.)

– Sales development

– Sales optimization

– Employee recruitment

– Business consulting

The specific services rendered depend on your booking. The relevant service description results directly from our offers.

Unless expressly agreed otherwise in writing, we do not owe the creation of a specific work result. In particular, we can only predict the success of certain advertising measures based on experience. The Client acknowledges that such success is not owed. If a separate remuneration is agreed for achieving a certain result, it will be paid as a performance-based bonus. However, there is generally no entitlement to achieve a specific success.

We have the right to determine the nature of services under §315 BGB within the context of a service or consulting agreement.

The Client is obliged to cooperate in the performance of the contract. They must promptly perform all required acts of cooperation upon our first request.

§3 Contract Conclusion

The presentation and advertisement of our services on our websites, brochures, or advertisements does not constitute a binding offer to conclude a contract.

The contract between us and the Client may be concluded verbally (via video chat, phone, etc.) or in writing. If concluded verbally, the Client has no right to receive a written copy of the contract, unless otherwise agreed.

Verbal contracts are concluded through matching declarations of intent. The Client agrees that we may record the phone call or video chat for documentation and proof purposes.

We will promptly confirm orders placed via video chat by email. Such confirmation does not constitute a binding acceptance unless it explicitly includes such acceptance.

If the ordered service cannot be provided, e.g., for technical reasons, we will refrain from accepting the offer. In this case, no contract is formed. We will inform you without delay and refund any payments already made.

§4 Prices and Service Delivery

All our prices are net prices and do not include the statutory VAT.

Our services are provided at the times agreed upon in the main contract with the Client.

Unless otherwise agreed, the Client is obliged to pay in advance. The agreed remuneration is due upon contract conclusion.

§5 Termination and Contract Duration

The contract is concluded for the duration specified in the main contract.

Unless otherwise agreed, the contract term is automatically extended by the initial term if neither party terminates the agreement at least four weeks before the end of the initial or extended term. Terminations must be made in writing.

The Client has no right to terminate the contract prematurely without cause.

The right to immediate termination for cause remains unaffected.

In case of early termination by the Client for cause, our claim to remuneration remains unaffected. However, the Client may prove that no or significantly less damage has occurred.

§6 Default

Service delivery deadlines do not begin until we have received full payment and all necessary data or cooperation from the Client.

If the Client is in default with due payments, we may withhold further services until payment is made.

If the Client is in arrears with an installment payment, we may terminate the contract and claim damages equal to the remaining remuneration due until the next regular termination date, minus any savings.

§7 Fulfillment

We will perform the agreed services with due care and may employ third-party service providers.

Unless expressly agreed otherwise in writing, we owe services and not specific outcomes or results.

If we are prevented from performing services due to reasons attributable to the Client, our remuneration claim remains unaffected.

§8 Conduct and Consideration

The Client is expected to act as a prudent businessperson. We reserve the right to take legal action against unlawful, inappropriate, or baseless statements about our company or services—especially false claims or defamatory criticism—and may file criminal charges without prior notice.

§9 Usage Rights

We hold exclusive copyright and usage rights to all images, videos, texts, webinars, databases, etc. that we publish (e.g., on Facebook). Any use without our permission is prohibited.

The Client receives a limited, non-exclusive usage right for the term of the contract to use advertising materials created by us, including ad texts, images, graphics, and landing pages. Other arrangements require written approval.

Any infringement of our trade secrets or copyrights will be pursued under civil and criminal law.

The Client has no usage rights to advertising content published on our websites or social media channels.

§10 Payment Terms, SEPA Direct Debit, Invoice

Unless otherwise agreed, our services are payable in full upon contract conclusion.

You may pay by transferring the amount to our account or by granting us a SEPA direct debit mandate. The direct debit will not be processed before the payment is due. The SEPA mandate remains valid until revoked and also applies to future orders.

Services must be paid in advance using the SEPA direct debit method. You agree to send us a signed SEPA mandate immediately after the phone call to info@ernstberger-vertrieb.de (by email) and to EB Vertrieb & Marketing GmbH, Fockenfeld 1, 95692 Konnersreuth (by post). Use the following template:

I authorize EB Vertrieb & Marketing GmbH, Fockenfeld 1, 95692 Konnersreuth, represented by CEO Jonas Ernstberger, and their agents, to collect recurring due payments from my account via SEPA core direct debit. I instruct my bank to honor direct debits from EB Vertrieb & Marketing GmbH. I may request a refund within eight weeks of the debit date under the terms agreed with my bank.

Name of account holder:

Street and house number:

Postal code and city:

Bank name and BIC:

IBAN:

Place, date:

Signature of account holder:

Business clients may request an invoice via email.

In case of a direct debit chargeback, we charge a processing fee of €10 net.

§11 Liability

We are liable for damages or reimbursement of futile expenses only in cases of intent or gross negligence in accordance with statutory provisions.

In all other cases, we are liable only for breaches of essential contractual obligations and only for foreseeable, typical damages. Otherwise, liability is excluded unless stated otherwise in clause 3.

Liability for injury to life, body, or health and under product liability law remains unaffected.

The Client guarantees that all image, video, and audio materials provided by them are free of third-party rights. The Client shall indemnify us from any third-party claims.

§12 Right of Withdrawal

We only enter into contracts with entrepreneurs as defined in §14 BGB. There is no right of withdrawal for verbal contracts concluded with entrepreneurs.

§13 Data Protection, Consent to Data Processing and Contact

Protecting personal data is our top priority. Our separate privacy policy provides details on the collection, storage, and processing of personal data and the rights of data subjects. You confirm that you have read and agree to the privacy policy before using our services.

You consent (revocable at any time) to being contacted by us via remote communication (e.g., email, SMS, phone, messenger). If you wish to revoke this consent, please send an email to info@ernstberger-vertrieb.de listing all contact methods you wish to opt out of. Incomplete information will be considered your responsibility.

You also consent (revocable) to the storage and processing of all personal data provided to us (e.g., name, address, phone number, email, personal interests, financial data, hobbies). This includes the use of cookies, analysis, storage, and combination of usage behavior, and the transfer of personal data and usage profiles to third-party companies in non-EU/EEA countries for marketing purposes. For revocation, refer to clause 2 and §5 of our privacy policy.

§14 Governing Law and Jurisdiction

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Weiden, Germany. However, we may also sue the Client at their general place of jurisdiction.

The contract language is German.