This is a convenience translation. The legally binding version is the German AGB. In the event of any discrepancy between the two versions, the German version prevails.
These General Terms and Conditions (hereinafter the "Terms") apply to all consulting and service work that Michael Hilse (hereinafter the "Contractor") performs for businesses (hereinafter the "Client") in the field of performance marketing, marketplace and search engine advertising (including Amazon Ads, Google Ads, eBay Ads, Otto Ads, SEO and listing optimisation).
The services presented on this website do not constitute a binding offer, but an invitation to enquire. A contract only comes into effect through an individual offer prepared by the Contractor and its acceptance by the Client in writing or by e-mail. The specific scope of services, timeframe and fee are agreed individually for each project.
The precise scope of the respective service follows from the individual offer or the written order confirmation. The Contractor performs the services to the best of their knowledge and in line with the current state of the respective advertising platforms (e.g. Amazon, Google, eBay, Otto). Since these platforms decide independently on algorithms, auction mechanisms and policies, the Contractor cannot guarantee any particular results (e.g. revenue, ranking, click volume).
The Client shall provide the Contractor in good time with the access rights (e.g. to advertising platforms, seller and vendor accounts, analytics tools), information and materials required to perform the services. If the project is delayed because the Client does not cooperate, agreed deadlines are extended accordingly.
Remuneration is governed by the individually agreed offer. Depending on the agreement, it takes the form of a monthly retainer, billing by actual time spent at an agreed hourly rate, or a fixed project fee.
Ongoing support services are invoiced monthly in arrears. Project services are invoiced on completion, unless otherwise agreed in the offer. Invoices are due for payment within 14 days of the invoice date without deduction. All prices are exclusive of statutory value added tax.
Ongoing support services are agreed for an indefinite period. There is no minimum term. Either party may end the cooperation at any time with effect from the end of a calendar month, in text form. Services already rendered are invoiced up to the date of termination.
Project-based engagements end once the agreed service has been fully rendered. The right of either party to terminate for good cause without notice remains unaffected.
Both parties undertake to treat all confidential information obtained in the course of the cooperation (e.g. campaign data, business figures, trade secrets) as confidential and not to pass it on to third parties, unless this is necessary in order to perform the services or is required by law for the respective party.
The Client will only be named as a reference (e.g. industry, logo, case study) with the Client’s prior express consent.
The Contractor is liable without limitation for damage arising from injury to life, body or health, and for intent and gross negligence. For other damage, the Contractor is liable only in the event of a breach of a material contractual obligation (cardinal obligation), and in that case limited to the foreseeable damage typical for this type of contract. Liability for indirect damage, loss of profit or lost advertising revenue is excluded to the extent permitted by law.
The law of the Federal Republic of Germany applies. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions is unaffected.