Service & support conditions
§ 1 Validity
1. the services, deliveries and offers of TMC Amplio GmbH (hereinafter referred to as "Agency") to the contractual partners (hereinafter referred to as "Customers" or also individually as "Customer") shall be governed exclusively by these Service & Support Terms and Conditions (hereinafter referred to as "Service T&Cs") and, in addition, the General Terms and Conditions of the Agency (www.tmc-amplio.de/agb), unless otherwise agreed. Contractual terms and conditions of the customer or other third parties shall not become part of the contract, even if the Agency does not expressly object to them.
(2) Even if no further reference is made to this when concluding similar contracts, these Service T&Cs and the Agency's other terms and conditions shall apply exclusively in the version current at the time of the Customer's declaration of conclusion of contract, unless the contracting parties agree otherwise in writing.
3. all offers of the agency are subject to change. The presentation of its products and services in catalogues, on the Internet or on other sales media shall not constitute a binding offer.
(4) These Service T&Cs apply in particular to contracts for monthly recurring services of the Agency in the areas of development and digital marketing, such as, for example, maintenance of websites (in particular software).
- Maintenance of websites (in particular software updates, backups, performance of tests)
- Continuous management of paid advertising campaigns (SEA and social ads)
- Continuous optimisation of websites (SEO)
- Inbound marketing services
- Hosting and tool provision
§ 2 Subject matter of the contract and scope of services
1. the type, scope and quality of the deliveries and services shall be determined by the agreement concluded between the customer and the agency, i.e. the contract signed by both parties or the agency's order confirmation and otherwise the agency's offer. Other details or requirements shall only become part of the contract if the contracting parties agree to this in writing or if the Agency has confirmed them in writing. Subsequent changes to the scope of services shall require written agreement or written confirmation by the Agency.
2. unless otherwise agreed, the agency shall provide the agreed services during normal working hours, from Monday to Friday from 08:00 to 17:00 - excluding public holidays in NRW.
3. hourly/service quotas: If a specific hourly quota has been agreed for a specific period, the customer shall be entitled to call this up within the respective period. If, due to the nature of the respective service, no call-off is required, the Agency shall decide on the specific scope of the service provision at its reasonable discretion. The unused portion of the quota expires at the end of each individual period and cannot be transferred to subsequent periods.
§ 3 Remuneration and payment
1. our prices quoted are net prices and do not include the legally applicable value added tax of currently 19 per cent.
2. if a monthly flat rate has been agreed, it is due at the end of each month, unless otherwise agreed.
3. if the flat rate agreed with the customer for the services includes an hourly quota, the remuneration shall be due in full irrespective of the scope of the services actually provided in the billing period; the unused portion of the quota shall expire at the end of the billing period and cannot be transferred to subsequent periods.
4. services commissioned by the customer that go beyond the scope of the services paid for as a lump sum shall be charged on a time basis in the absence of any agreements to the contrary. The Agency's general hourly rate of currently EUR 130.00 (subject to adjustment) shall be deemed agreed. The time units shall be invoiced per 0.25 hours (15 minutes) or part thereof at the end of each month. 5.
5. the agency has the right to adjust the agency price list / hourly rates once a year at its reasonable discretion and in line with the development of the factors relevant to the calculation. In particular, the agency shall take into account rising or falling procurement costs and developments in legal requirements. In the event of individual cost-reducing and cost-increasing changes in the factors relevant to the calculation of the remuneration, the cost reductions shall be offset against the additional costs in such a way that both have an equal impact on the change in the remuneration. The agency must inform the customer of price increases in text form (e.g. by e-mail) at least four weeks before they come into effect. In the event of an increase in remuneration, the customer has the right to terminate the contract subject to a notice period of two weeks before the change comes into effect.
6. expenses and any charges incurred shall be borne by the customer.
7. all invoices are due for payment net (without deduction) immediately, unless otherwise agreed. The customer shall be in default of payment at the latest ten working days after the due date and receipt of the invoice, even without a reminder.
§ 4 Warranty and liability
1. the agency shall be liable for defects in its services in accordance with the statutory provisions. In addition, our General Terms and Conditions apply, which can be found at www.tmc-amplio.de/agb.
2. the agency is not responsible for the content that the customer independently maintains in the tools, platforms and systems provided. Likewise, the agency accepts no liability for functional or design changes implemented by the customer. In particular, the agency is not obliged to check the content for possible legal violations. Should third parties assert claims against the provider due to possible legal violations resulting from the contents of the website, the customer undertakes to indemnify the agency from any liability and to reimburse it for the costs arising from the possible legal violation.
3. in the event of slight negligence, the agency shall only be liable for breach of material contractual obligations (cardinal obligations) as well as for personal injury and in accordance with the Product Liability Act. Otherwise, the Agency's pre-contractual, contractual and non-contractual liability shall be limited to intent and gross negligence, whereby the limitation of liability shall also apply in the event of fault on the part of a vicarious agent of the Agency.
4. a warranty period of one year shall apply to the warranty if the customer is an entrepreneur (§ 14 BGB). For customers who are consumers (§ 13 BGB), a warranty period of one year applies for claims for damages against the agency and a warranty period of two years for all other warranty claims.
§ 5 Term & cancellation
1. contracts for services to be provided on a regular basis are concluded for an indefinite period and may be terminated by either party with one month's notice to the end of each billing period. The minimum term is 3 months. Ordinary cancellation is only permitted after expiry of the agreed period.
2 The right to terminate for good cause (Section 314 (1) BGB) remains unaffected. Good cause for the Provider to terminate this contract shall be deemed to exist in particular if the Customer persistently breaches its obligations pursuant to § 3 of this contract; the Customer leaves due invoices unpaid despite a reminder and the setting of a deadline. Any cancellation must at least be in text form (§ 126 b BGB).
§ 6 Special agreements
Special agreements must be made in writing.
Status: March 2025