General Terms and Conditions (GTC)
The following terms and conditions apply exclusively to business relationships between E.-J. Jost Social (hereinafter "Provider") and its clients.
1. Scope and Status
These GTC apply to all contracts for content creation, social media management, and strategy consulting. The offer is aimed exclusively at entrepreneurs (B2B).
The Provider acts as an independent contractor. She is free to schedule her working hours and choose her place of work and is not subject to instructions that would integrate her into the Client's operational organization. She uses her own equipment.
The Provider acts as an independent contractor. She is free to schedule her working hours and choose her place of work and is not subject to instructions that would integrate her into the Client's operational organization. She uses her own equipment.
2. Subject Matter (Contract for Work)
The subject of the contract is the creation and provision of the service items defined in the booked package (e.g., "Starter", "Bestseller", "Impact") such as the number of posts, reels, newsletters.
a) Owed Success: The Provider owes the technically and professionally proper creation of the agreed content ("Works").
b) No Economic Success Owed: The Provider does not owe the economic success of the measures (e.g., increase in sales, specific follower numbers, virality), as this depends on external factors (algorithms, market conditions).
c) Community Management: Insofar as community management is part of the package, this constitutes a supporting service.
a) Owed Success: The Provider owes the technically and professionally proper creation of the agreed content ("Works").
b) No Economic Success Owed: The Provider does not owe the economic success of the measures (e.g., increase in sales, specific follower numbers, virality), as this depends on external factors (algorithms, market conditions).
c) Community Management: Insofar as community management is part of the package, this constitutes a supporting service.
3. Cooperation and Acceptance
The Client shall provide all necessary information and assets in good time.
Acceptance of Works: The Provider shall submit the created content (e.g., content plan, drafts) to the Client for review before publication. The Client undertakes to review these within 48 hours (on working days).
If no feedback is received within this period or if the content is published by the Client (or approved for publication), the Work shall be deemed accepted free of defects. Subsequent change requests after acceptance are subject to separate remuneration.
Acceptance of Works: The Provider shall submit the created content (e.g., content plan, drafts) to the Client for review before publication. The Client undertakes to review these within 48 hours (on working days).
If no feedback is received within this period or if the content is published by the Client (or approved for publication), the Work shall be deemed accepted free of defects. Subsequent change requests after acceptance are subject to separate remuneration.
4. Remuneration and Packages
Remuneration takes the form of a monthly flat rate for the works and services created in the respective month according to the booked package.
- All prices are in Euros plus statutory VAT.
- Invoices are due for payment immediately upon receipt without deduction. Default occurs at the latest 14 days after the due date.
- Unused quotas (e.g., if the Client does not provide material for the 2nd post of the week) expire at the end of the month and cannot be carried over to subsequent months, as the Provider has reserved the capacities.
- Third-party costs (Ad Spend, Client software licenses) are not included.
5. Rights of Use
Upon full payment of the remuneration, the Client receives the simple, temporally and spatially unlimited right to use the created works (texts, images, videos) for the contractually intended purposes (usually social media marketing).
Open files, strategy templates, and generic methods ("framing concepts") introduced by the Provider remain the intellectual property of the Provider.
Open files, strategy templates, and generic methods ("framing concepts") introduced by the Provider remain the intellectual property of the Provider.
6. Term and Termination
Contracts are generally concluded for an indefinite period.
As these are monthly recurring contracts for work, termination is possible with a notice period of 14 days to the end of the month, unless a minimum term (e.g., "3-month commitment") has been agreed in the package. The right to termination without notice for good cause remains unaffected.
As these are monthly recurring contracts for work, termination is possible with a notice period of 14 days to the end of the month, unless a minimum term (e.g., "3-month commitment") has been agreed in the package. The right to termination without notice for good cause remains unaffected.
7. Warranty and Liability
Statutory warranty rights for contracts for work apply.
Liability:
Liability:
- The Provider is liable without limitation for intent, gross negligence, and injury to life, body, or health.
- In cases of slight negligence, she is only liable for the breach of essential contractual obligations (cardinal duties), limited to typical contractual damages.
- Disclaimer for Third-Party Platforms: Subject to the provisions of paragraphs 1 and 2 above, the Provider is not liable for damages resulting from the use of third-party platforms (Instagram, TikTok, LinkedIn). This specifically includes account blocking, loss of reach due to algorithm changes, or technical failures of the platform operators.
- Liability for data loss is limited to the typical recovery effort that would have occurred with regular data backup by the Client.
8. Confidentiality and References
The parties treat business secrets confidentially. The Provider may use the Client and the public work results created (e.g., screenshots of posts) as a reference, unless the Client objects.
9. Final Provisions
The law of the Federal Republic of Germany applies. The place of jurisdiction is Hamburg, provided the Client is a merchant. Should a provision be invalid, it shall be replaced by a regulation that comes closest to the economic purpose.
Governing Language
The German version of these GTC is the only legally binding version (Link). Translations are for information purposes only.