General Terms and Conditions (GTC)

§ 1 Scope of application and general information

These General Terms and Conditions (GTC) apply to all contracts, services and deliveries of BeastBI GmbH (hereinafter "BeastBI") with entrepreneurs within the meaning of § 14 BGB (German Civil Code). Conflicting or deviating terms and conditions of the customer are not recognized, unless BeastBI expressly agrees to their validity in writing.

BeastBI is entitled to change these GTC at any time. Changes shall be communicated to the customer in writing and shall be deemed approved if the customer does not object in writing within six weeks. The customer shall be informed of this legal consequence in the notification.

§ 2 Conclusion of contract and prices

BeastBI's prices are quoted in euros plus statutory VAT.

Unused hours can be carried over for up to three months, up to a maximum of 50% of the hourly quota per month. In the event of the contract being terminated by a party other than Beast, unused and transferred hours shall be forfeited without compensation.

If the agreed hours are exceeded in consultation with the customer, additional hours shall be charged at the same hourly rate as the booked package.

§3 Delivery, deadlines and the customer's duty to cooperate

Delivery and performance deadlines are only binding if they have been confirmed by us in writing. They shall only commence as soon as the customer has completely fulfilled all necessary obligations to cooperate. This includes, in particular, the timely provision of documents, information, access and approvals that are necessary for the performance of our services. If the customer lacks the corresponding right of use, he shall indemnify BeastBI against all claims for compensation by third parties. The customer is also obliged to inform us in good time of special or deviating circumstances, requirements or framework conditions in his area of responsibility that are relevant for the provision of services. If these obligations to cooperate are not fulfilled within a reasonable period set by us, the delivery and performance deadlines shall be extended accordingly.

If delays occur due to force majeure (e.g. strike, pandemics) or other circumstances for which BeastBI is not responsible, Beast shall inform the customer of this immediately and notify the customer of the expected new performance period. If the original circumstances for which BeastBI is not responsible lead to further delays and if BeastBI is unable to meet the new performance deadline for this reason, BeastBI shall be entitled to withdraw from the contract in whole or in part; any remuneration already paid shall be reimbursed to the corresponding extent.

§ 4 Execution and personnel

Unless expressly agreed otherwise, all qualified employees of BeastBI may provide the agreed services, including communication with the customer, establishment of accounts and operational implementation. There is no claim of the customer to support by a specific person.

BeastBI may commission third parties such as freelancers or other agencies for the provision of services at its own discretion. In this case, BeastBI remains responsible for the contractual performance.

§ 5 Liability & Compensation

Claims for damages of the customer from breaches of duty within the meaning of § 280 BGB, from tort as well as from product liability exist in case ofslight negligence of BeastBI only in case of a breach of essential obligations jeopardizing the purpose of the contract. Essential obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. In such cases, liability shall be limited to typical, foreseeable damage and to a maximum of twice the order value. Otherwise, BeastBI's liability for slight negligence and strict liability shall be excluded. Liability under the Product Liability Act shall remain unaffected by this.

In the case of injury to life, body or health as well as in the case of the assumption of a guarantee of quality or the fraudulent concealment of a defect within the meaning of § 444 BGB, BeastBI shall also be liable for a simple negligent breach of duty; in these cases, the statutory limitation periods shall apply.

As far as the liability of BeastBI is excluded or limited or exceptions are regulated above, this shall also apply to the personal liability of the employees, staff, legal representatives and vicarious agents of BeastBI.

BeastBI assumes no liability for damages caused by explicit instructions of the customer, as well as for services or damages caused by external service providers outside the contractually agreed scope of services.

When conducting audits, especially in the area of Google Ads, web analytics, accessibility or similar topics, all analyses, evaluations and recommendations are made to the best of our knowledge and belief and based on our knowledge and generally accepted standards. However, BeastBI accepts no liability if the implementation of recommended measures by the client does not lead to the desired success or even to a deterioration of results.

Similarly, in the case of web audits, e.g. on accessibility, we only provide advice and consultation, but no legal certainty or guarantee or claim to completeness. The responsibility for implementation and the resulting consequences lies exclusively with the customer.

§ 6 Contract duration and termination

Unless otherwise agreed, the notice period for contracts with BeastBI is three months to the end of the month. Individual contracts may contain deviating provisions. Proper termination shall also terminate the possibility of using transferred hours.

§ 7 Defects in performance and obligation to give notice of defects

Defects must be reported by the customer immediately after receipt of the service, but at the latest within 14 days of becoming aware of them. In the event of late notification, the service shall be deemed approved.

Obvious defects must be reported immediately, hidden defects within 14 days of discovery. Section 377 of the German Commercial Code (HGB) also applies to work services.

In the case of justified defects, BeastBI shall be entitled to rectify the defect. Further claims do not exist if the defect only insignificantly impairs the suitability of the service.

§ 8 Confidentiality

Both parties undertake to maintain confidentiality regarding all information that becomes known in the course of the cooperation, excluding information or work results that are publicly accessible anyway.

§ 9 Copyrights

After full payment, all rights to the services rendered shall pass to the customer, unless otherwise agreed. BeastBI may name work results and the customer as references, unless the customer expressly objects.

§ 10 Rights to the services of BeastBI

If BeastBI produces copyrighted works for the customer, the customer is granted the rights of use to the works only after full payment of the agreed remuneration. Unless otherwise agreed in writing, the customer is granted a simple, non-exclusive and non-transferable right of use in the agreed type of use. Restrictions apply to services purchased by BeastBI for the customer, be it words, images, music or artistic performance. These are announced to the customer in individual cases by BeastBI. The customer undertakes to observe these restrictions.

§ 11 Place of jurisdiction and applicable law

German law shall apply. Place of jurisdiction is Augsburg, Bavaria, Germany. Should a clause of these GTC be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.