1. Scope
These General Terms and Conditions apply to all contracts between the
Wordfinder GmbH & Co. KG
Osterbrooksweg 35
22869 Schenefeld
Germany
– hereinafter referred to as “Wordfinder” or “Contractor” –
and its customers—hereinafter referred to as the “Client.”
These Terms and Conditions apply in particular to services in the areas of public relations, communications, content creation, media relations, consulting, digital communications, lead generation, search engine optimization, and similar communications and marketing services.
These Terms and Conditions apply exclusively to business entities as defined in Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law.
Any General Terms and Conditions of the Client that differ from, conflict with, or supplement these General Terms and Conditions shall only become part of the contract if Wordfinder has expressly agreed to their validity in writing.
2. Conclusion of the Contract
A contract is formed when the client accepts an offer from Wordfinder or through another express agreement between the contracting parties.
Unless otherwise stated in the offer, Wordfinder's offers are subject to change.
The specific scope of the services to be provided is set forth in the respective offer, the statement of work, the contract, or the order confirmation.
3. Scope of Services
Wordfinder provides the services agreed upon in the respective contract in accordance with the agreed-upon scope of services.
The nature and scope of the services may include, in particular, the following activities:
* Strategic Communications Consulting
* Public Relations and Media Relations
* Writing and editing texts
* Writing technical articles and editorial content
* Development and implementation of communication campaigns
* Content Marketing
* Digital Communication
* Lead generation
* Search Engine Optimization
* Consulting on SEO, GEO, and AIEO
* Design and production of communication materials
* Consulting and other related services
Services not expressly agreed upon are not owed and may be billed separately.
4. The Client’s Obligations to Cooperate
The Client agrees to provide Wordfinder with all information, documents, data, access credentials, and other content necessary for the performance of the order in a timely and complete manner.
The client is responsible for ensuring that the content, information, images, text, trademarks, logos, and other materials provided by the client are free of third-party rights and may be used lawfully.
Delays resulting from the client's failure to provide the necessary cooperation, or from providing it incompletely or late, shall not be attributed to Wordfinder.
Agreed performance and completion dates shall be extended appropriately to the extent that delays are attributable to a lack of or delayed cooperation on the part of the client.
5. Approvals and Corrections
To the extent that services require approval by the client, the client is obligated to review the content submitted for approval within the agreed-upon timeframe.
By approving the work, the client confirms that the content of the service in question has been approved.
Requests for changes made after the fact that exceed the agreed-upon number of revision rounds or the agreed-upon scope of services may be billed as additional services.
6. Dates and Deadlines
Deadlines and dates are binding only if they have been expressly agreed upon as binding.
Unforeseeable events, force majeure, technical malfunctions, strikes, government actions, or other circumstances beyond Wordfinder’s control may result in a reasonable extension of the performance deadlines.
7. Compensation
The amount of compensation is specified in the relevant offer, contract, or order confirmation.
All prices are exclusive of applicable sales tax, unless otherwise expressly stated.
Additional services not included in the agreed scope of services will be billed separately following prior consultation.
8. Terms of Payment
Unless otherwise agreed in the relevant contract or offer, invoices from Wordfinder are due for payment without deduction within 14 days of the invoice date.
In the event of late payment, Wordfinder is entitled to charge the statutory late payment interest and other costs permitted by law.
In the event of late payment, Wordfinder is entitled, following prior reasonable notice, to withhold further services until the outstanding amounts have been paid in full.
9. Rights of Use and Copyright
All texts, concepts, strategies, drafts, graphics, campaign ideas, presentations, and other work products created by Wordfinder may be protected by copyright.
The granting of rights of use is governed by the respective contractual agreement.
Unless otherwise expressly agreed, the client shall receive only those rights of use that are necessary for the purpose specified in the contract.
Any further use, modification, reproduction, or disclosure to third parties requires the prior consent of Wordfinder, to the extent permitted by law.
10. Third-Party Rights and Content Provided by the Client
The Client warrants that the content and materials it provides do not infringe on the rights of third parties and may be used lawfully.
The Client shall indemnify Wordfinder against any valid claims by third parties arising from the unlawful use of content provided by the Client, to the extent that the Client is responsible for the infringement.
11. Public Relations and Publications
For services in the areas of public relations, media relations, and editorial communication, Wordfinder can work toward the publication of content by independent media outlets, editorial teams, journalists, or other third parties.
As a general rule, there is no entitlement to a specific publication, publication date, placement, reach, or coverage, unless this has been expressly guaranteed in a contract.
Wordfinder has no influence on editorial decisions made by independent media outlets.
12. SEO, GEO, AIEO, and Lead Generation
For services in the areas of search engine optimization, generative engine optimization, AI engine optimization, lead generation, or similar digital marketing measures, no specific results can be guaranteed unless such a guarantee has been expressly agreed upon.
In particular, there is generally no entitlement to:
* a specific ranking in search engines
* a certain level of visibility in search results
* a certain level of visibility in AI or response systems
* a certain number of leads
* a specific conversion rate
* a certain amount of revenue
* a specific range
The results of such measures may depend on numerous factors that are beyond Wordfinder's control.
13. Liability
Wordfinder shall be liable without limitation for damages resulting from willful misconduct or gross negligence, as well as for damages arising from injury to life, body, or health, to the extent that Wordfinder is responsible for the breach of duty.
In the event of a breach of material contractual obligations due to slight negligence, Wordfinder is liable only for foreseeable damages typical for this type of contract.
Furthermore, Wordfinder's liability is excluded to the extent permitted by law.
The foregoing limitations of liability apply mutatis mutandis to the legal representatives, employees, and agents of Wordfinder.
Liability under mandatory statutory provisions remains unaffected.
14. Liability for Content and Legal Review
The client is responsible for the legal admissibility of the content it has approved.
This applies in particular to statements about products, services, competitors, individuals, companies, brands, and other third parties.
Unless a legal review has been expressly agreed upon, Wordfinder does not provide legal advice or conduct a comprehensive legal review of the content provided or approved by the client.
15. Confidentiality
The parties agree to treat as confidential any confidential information that comes to their attention in the course of their cooperation and not to disclose such information to third parties without authorization.
This obligation does not apply to information that is already publicly known, that becomes public without a breach of a confidentiality obligation, or that must be disclosed due to legal obligations.
16. Data Protection
Wordfinder processes personal data in accordance with applicable data protection laws.
For more information on the processing of personal data, please see Wordfinder's Privacy Policy.
17. Engaging Third Parties
Wordfinder is entitled to engage suitable freelancers, service providers, or other third parties to perform the services required under the contract.
To the extent that the disclosure of personal data is necessary for this purpose, it will be carried out in compliance with applicable data protection regulations.
18. Use of References
Wordfinder is authorized, subject to prior consultation with the client, to cite the collaboration and the services provided as a reference.
Confidential information or content belonging to the client that is not publicly available will not be disclosed without the client's prior consent.
19. Term and Termination
The term of a contract is determined by the terms of the agreement.
If a contract is entered into for an indefinite term, either party may terminate it by giving the agreed-upon notice period.
The right to terminate the contract for cause remains unaffected.
Services already rendered, as well as costs incurred up to the effective date of termination, shall be paid by the client to the extent permitted by law.
20. Set-off and Right of Retention
The client is entitled to set off claims only if they are undisputed or have been legally established.
A right of retention may only be exercised insofar as the counterclaim is based on the same contractual relationship.
21. Place of performance
The place of performance for all obligations arising from the contractual relationship is, to the extent permitted by law, Wordfinder’s registered office.
22. Jurisdiction
If the client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be the registered office of Wordfinder.
Mandatory statutory venues for litigation remain unaffected.
23. Governing Law
All contractual relationships between Wordfinder and the client shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, unless required otherwise by mandatory statutory provisions.
24. Final Provisions
Should any provision of these Terms and Conditions be or become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall apply in place of the invalid or unenforceable provision.
Any amendments or additions to the respective contract must be made in the agreed-upon form. Individual agreements between Wordfinder and the client take precedence over these General Terms and Conditions.
25. Provider Information
Wordfinder GmbH & Co. KG
Osterbrooksweg 35
22869 Schenefeld
Germany
Phone: +49 40 84055920
Fax: +49 40 840559229
Email: [info@wordfinderpr.com](mailto:info@wordfinderpr.com)
Authorized Representative:
Wordfinder Verwaltungsgesellschaft mbH,
represented by Michael Makowski
Court of Registration: Pinneberg Local Court
Registration Number: HRA 5307 PI
Value-Added Tax Identification Number pursuant to Section 27a of the German Value-Added Tax Act (UStG):
DE255789457