General Terms and Conditions
Sebastian Scholz, Pilatuspool 11, 20355 Hamburg, Germany — trading under the brands "Golfancy" and "TheDayAds" (the "Contractor"). These terms apply to both brands.
Please note: this English text is a convenience translation. In the event of any discrepancy, the German version at golfancy.de/agb shall prevail and is the sole binding version.
Section 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts for marketing, consulting, analytics, web design and related services between the Contractor and its Clients.
(2) The Contractor provides services exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or public-law special funds.
(3) Conflicting or deviating terms of the Client shall not become part of the contract unless the Contractor expressly agrees to their application in text form.
(4) Individual agreements set out in the quotation or order confirmation take precedence over these GTC.
Section 2 Conclusion of contract
(1) Quotations by the Contractor are non-binding unless expressly designated as binding or containing a period for acceptance.
(2) The contract is concluded by countersignature of the order confirmation, by confirmation in text form (including e-mail) or by commencement of services by mutual consent.
Section 3 Scope of services — no guarantee of success
(1) The Contractor owes the careful and professional performance of the agreed services in accordance with current industry practice (service contract), unless a specific work product has expressly been agreed in an individual case.
(2) No particular economic or measurable success is owed — in particular no rankings, visibility scores, click, cost (e.g. CPL/CPC), conversion, lead or revenue targets. Results depend substantially on factors outside the Contractor's control (including the algorithms and policies of search and advertising platforms, competition, market environment and the Client's cooperation).
(3) Forecasts, target values, benchmarks and sample calculations in quotations, reports or presentations are non-binding, experience-based estimates and do not constitute warranted characteristics.
Section 4 Client's duties to cooperate
(1) The Client shall provide all necessary information, content, approvals and access (e.g. advertising accounts, analytics, CMS, DNS) in good time.
(2) If cooperation is delayed, agreed deadlines shall be postponed accordingly; additional effort incurred by the Contractor may be charged at the agreed hourly rate.
(3) The Client shall name a contact person authorised to make decisions.
Section 5 Approvals and responsibility for content
(1) Texts, advertisements and other content created by the Contractor are submitted to the Client for approval. Upon approval, the Client assumes responsibility for the substantive and professional accuracy of the content.
(2) Reviewing the admissibility of advertising statements under sector-specific and professional law (e.g. German pharmaceutical advertising law, professional law for lawyers, financial supervisory law) is the responsibility of the Client; the Contractor points out identified risks but does not provide legal advice.
(3) For content supplied by the Client (texts, images, trademarks, testimonials, patient or client consents), the Client warrants that it holds the necessary rights and consents and shall indemnify the Contractor against third-party claims in this respect.
Section 6 Advertising budgets and third-party costs
(1) Media and advertising budgets (e.g. Google Ads, Meta, LinkedIn) are settled by the Client directly with the respective platform; they do not form part of the Contractor's remuneration.
(2) The Contractor is not liable for decisions, disruptions, policy changes, rejections or account suspensions by platform operators; the Contractor will inform the Client without delay and support remediation within the scope of the engagement.
(3) Costs for third-party services (e.g. licences, tools, stock material, printing) are borne by the Client; they are only incurred after prior consultation.
Section 7 Remuneration and payment
(1) The remuneration agreed in the quotation or order confirmation applies. All prices are net, plus statutory VAT where applicable.
(2) Unless otherwise agreed, invoices are payable within 14 days without deduction. Monthly retainers are invoiced for the current month; setup and project services after acceptance or in accordance with the agreed payment schedule.
(3) In the event of late payment, the statutory provisions apply (Section 288 BGB). In the event of default, the Contractor is entitled to withhold further services until payment is made.
(4) Set-off and retention by the Client are only permitted in respect of undisputed or legally established claims.
Section 8 Acceptance
(1) Where acceptance has been agreed, the Client shall declare acceptance without delay after the service has been made available.
(2) The service is deemed accepted if the Client does not report material defects in text form within ten working days of provision, or if the Client uses the service productively.
Section 9 Rights of use
(1) Upon full payment of the respective remuneration, the Client receives the non-exclusive right, unlimited in time and territory, to use the work results created for it for its own business purposes. The granting of exclusive rights requires express agreement.
(2) Until full payment has been made, the granting of rights of use remains subject to a condition precedent.
(3) The Contractor's methods, frameworks, templates, analytics setups and general know-how remain its property and may also be used for other clients — without disclosing the Client's confidential information.
Section 10 Term and termination
(1) Term, minimum term and notice periods follow from the quotation or order confirmation. In the absence of such provision, ongoing service contracts may be terminated with 14 days' notice to the end of the month.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) Notices of termination must be given in text form.
(4) Upon termination, the Contractor shall make available to the Client, to a reasonable extent, the access credentials and work in progress held in the Client's ownership or accounts (orderly handover).
Section 11 Confidentiality
(1) Both parties shall treat as confidential any information of the other party that is marked as confidential or is evidently confidential, and shall use it solely for the performance of the contract. This obligation continues for three years after the end of the contract.
(2) Statutory disclosure obligations remain unaffected.
Section 12 Data protection
(1) Both parties comply with applicable data protection law, in particular the GDPR.
(2) Insofar as the Contractor processes personal data on behalf of the Client (e.g. access to analytics, advertising, newsletter or CRM systems), the parties shall conclude a data processing agreement pursuant to Article 28 GDPR. The Contractor provides a template for this, including the list of sub-processors used.
Section 13 Liability
(1) The Contractor is liable without limitation for intent and gross negligence, for damages arising from injury to life, body or health, under the German Product Liability Act and to the extent of any warranty assumed.
(2) In cases of simple negligence, the Contractor is liable only for the breach of material contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Client may regularly rely), limited to the foreseeable damage typical for this type of contract.
(3) Otherwise, liability for simple negligence is excluded; this applies in particular to indirect damages, lost profits and advertising budgets spent without success, unless their loss results from a breach of material contractual obligations.
(4) The Contractor is liable for loss of data only to the extent that such loss would also have occurred with proper and regular data backups by the Client.
(5) The above limitations also apply for the benefit of the Contractor's agents.
Section 14 Reference
The Contractor may name the Client as a reference with name and logo subject to prior consent in text form. Consent may be revoked at any time with effect for the future.
Section 15 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods — including for Clients domiciled abroad.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship is Hamburg, provided the Client is a merchant, a legal entity under public law or a public-law special fund, or has no general place of jurisdiction in Germany.
(3) Amendments and additions to the contract must be made in text form; this also applies to the waiver of this text form requirement.
(4) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.
Version: July 2026 · Sebastian Scholz · Pilatuspool 11, 20355 Hamburg, Germany · VAT ID DE458962072