Terms and Conditions

§ 1 Scope and Definitions

(1) These Terms and Conditions apply to all contracts for services between Mark Exklusive Solutions GmbH and its customers.

2) For the purposes of these GTC, “customers” include both consumers and business entities, unless expressly restricted.

(3) Any deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed to in writing.

(4) Individual agreements between Mark Exklusive Solutions GmbH and the customer shall take precedence over these GTC.

§ 2 Scope of Services

(1) The subject matter of this contract is the provision of the agreed-upon services in accordance with the offer, service description, or individual agreement.

(2) Unless expressly agreed otherwise, Mark Exklusive Solutions GmbH does not guarantee a specific outcome, but only the provision of professional, diligent services that are in line with the state of the art.

(3) The scope of services is determined exclusively by the contractual agreement. There are no collateral agreements.

§ 3 Conclusion of the Contract

(1) Offers from Mark Exklusive Solutions GmbH are non-binding unless they are expressly designated as binding.

(2) A contract is concluded through:

acceptance of an offer by the customer,

written or electronic order confirmation,

or through actual use of the service.

(3) Mark Exklusive Solutions GmbH is entitled to reject contract offers without stating reasons.

§ 4 Performance and Provision of Services

(1) Mark Exklusive Solutions GmbH is entitled to engage third parties to fulfill its contractual obligations.

(2) Mark Exklusive Solutions GmbH shall determine the manner, sequence, and organization of the provision of services at its reasonable discretion, unless binding specifications have been agreed upon.

(3) Dates and deadlines are binding only if they have been expressly agreed upon as binding.

§ 5 Customer’s Obligations to Cooperate

(1) The customer undertakes to provide all information, content, documents, and cooperation necessary for the proper performance of services in a timely, complete, and accurate manner.

(2) If the customer fails to provide the required cooperation, Mark Exklusive Solutions GmbH shall not be liable for any resulting delays or limitations in service.

(3) Any additional costs incurred due to a lack of or delayed cooperation may be billed to the customer.

§ 6 Compensation and Pricing

1) Compensation is based on the agreed-upon form of payment (e.g., flat fee, hourly rate, project fee).

(2) All prices are exclusive of applicable sales tax, unless expressly stated otherwise.

(3) Additional services that are not part of the original contract will be billed separately.

§ 7 Terms of Payment

1) Invoices are due for payment in full within the agreed payment period.

(2) Mark Exklusive Solutions GmbH is entitled to demand advance payments or partial payments.

(3) In the event of late payment, statutory default interest shall apply. Further claims for damages remain unaffected.

(4) In the event of late payment, Mark Exklusive Solutions GmbH is entitled to withhold further services until full payment has been made.

§ 8 Delays, Breaches of Performance, and Force Majeure

(1) Mark Exklusive Solutions GmbH shall not be liable for delays or failures to perform resulting from force majeure or other unforeseeable events for which it is not responsible.

(2) In such cases, agreed deadlines shall be extended appropriately.

(3) If the disruption lasts longer than [e.g., 60 days], both parties are entitled to withdraw from the contract.

§ 9 Liability

(1) Mark Exklusive Solutions GmbH shall be liable for other damages only in cases of intent or gross negligence.

(2) In the event of a breach of material contractual obligations due to slight negligence, liability is limited to the typically foreseeable damage.

(3) Any further liability is excluded to the extent permitted by law.

§ 10 Claims for Defects

(1) The customer is obligated to report defects immediately upon becoming aware of them.

(2) Mark Exklusive Solutions GmbH is entitled, at its discretion, to remedy defects by repair.

(3) Further claims exist only within the scope of statutory provisions.

§ 11 Termination and Termination of Contract

(1) Contracts may be terminated ordinarily in compliance with the agreed notice periods.

(2) The right to extraordinary termination for good cause remains unaffected.

(3) Services already rendered must be paid for on a pro-rata basis even in the event of termination.