1. Scope
1.1 These General Terms and Conditions ("GTC") apply to all contracts, services and deliverables provided by Hype Visions GmbH, Raderberggürtel 1, 50968 Cologne, Germany ("Hype Visions", "we", "us") to its clients ("Client").
1.2 Our services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. businesses, self-employed persons and legal entities. We do not contract with consumers (Section 13 BGB).
1.3 These GTC apply exclusively. Conflicting, deviating or supplementary terms of the Client do not become part of the contract unless we have expressly agreed to them in writing.
2. Services
2.1 Hype Visions provides marketing services, in particular:
(1) data-driven performance marketing campaigns; (2) strategic and technical website and e-commerce development;
(3) digital content and social media management; (4) AI-supported marketing, sales and automation solutions;
(5) holistic strategic marketing consulting.
2.2 The specific scope of services is defined solely by the individual agreement, offer or statement of work agreed between the parties. These GTC supplement that individual agreement.
2.3 We render our services with professional care and to a high-performance standard. We do not owe a specific economic outcome (see Section 9).
3. The Performance Audit
3.1 The initial, non-binding intro call ("Vision Call") is free of charge and does not constitute a contract for paid services.
3.2 The "Performance Audit" is a separate, paid service. It is only commissioned if both parties agree, after the Vision Call, that it is the right next step. The fee is 490 EUR net (plus statutory value-added tax).
3.3 We begin work on the Performance Audit upon receipt of payment. Deliverables comprise the Performance Card and a presentation of the results. The delivery time is five business days from receipt of payment, unless otherwise agreed.
3.4 Credit: if a partnership (Section 4) begins within 14 days of the Performance Audit presentation, the 490 EUR are credited in full against the first monthly fee.
3.5 Value guarantee: if, after the presentation, the Performance Audit has not delivered at least the equivalent value of 490 EUR in concrete potential and clarity, the Client may, within 14 days of the presentation, request a refund of the 490 EUR net fee.
4. Partnership / Ongoing Services
4.1 Ongoing cooperation ("Partnership") is provided as a monthly retainer, starting at 3,500 EUR net per month. Setup fees, where applicable, are charged separately.4.2 The exact scope, term and fee of a Partnership are set out in the individual agreement.
5. Formation of Contract
5.1 Our offers are non-binding until a contract is concluded. A contract is formed when we confirm the Client's order in text form (e.g. by email) or when we begin performing the service.
6. Prices and Payment
6.1 All prices are net and exclusive of statutory value-added tax.
6.2 Invoices are issued electronically and are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed.
6.3 In the event of late payment, we are entitled to statutory default interest. We reserve the right to suspend services until outstanding invoices are settled.
6.4 Third-party costs - in particular advertising budgets (e.g. Meta, Google, TikTok), platform, licence or transaction fees - are not included in our fees and are borne by the Client.
7. Client's Duties of Cooperation
7.1 The Client shall provide, in good time and free of charge, all information, materials, contents and access (e.g. to advertising accounts, analytics, shop systems) reasonably required for us to perform the services.
7.2 Delays or additional expenses caused by the Client's failure to cooperate are not our responsibility. Agreed deadlines are extended accordingly.
8. Rights of Use / Intellectual Property
8.1 Deliverables created for the Client are transferred to the Client for use upon full payment of the corresponding fee.
8.2 We retain all rights to our underlying methods, frameworks, templates, know-how and tools (including, without limitation, the Performance Card template), and may reuse them for other clients.
8.3 Subject to the Client's prior approval, we may name the Client as a reference and describe the cooperation for our own marketing purposes.
9. Warranty / No Guarantee of Results
9.1 We perform our services with due professional care and to a high-performance standard.
9.2 Where a deliverable is defective, we will remedy the defect through re-performance within a reasonable period. If re-performance ultimately fails, the Client may reduce the fee accordingly.
9.3 Marketing results depend on numerous factors outside our control, including markets, platforms, competition and the Client's own product and pricing. We therefore do not warrant or guarantee any specific results, revenue, ROAS, rankings or reach.
10. Liability
10.1 We are liable without limitation for intent and gross negligence, and for damages arising from injury to life, body or health.
10.2 In the event of slight negligence, we are liable only for the breach of an essential contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose compliance the Client regularly relies). In such cases, liability is limited to the foreseeable damage typical for this type of contract.
10.3 Any further liability is excluded. Mandatory statutory liability, in particular under the German Product Liability Act, remains unaffected.
11. Confidentiality
Both parties shall treat confidential information of the other party as confidential and use it only for the purposes of the contract. This obligation survives the end of the cooperation.
12. Data Protection
We process personal data in accordance with statutory data protection law. Details are set out in our Privacy Policy at hype-visions.com/privacy.
13. Final Provisions
13.1 These GTC and the contractual relationship are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 The exclusive place of jurisdiction for all disputes is Cologne, provided the Client is a merchant, a legal entity under public law or a special fund under public law.
13.3 Place of performance is Cologne.
13.4 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
13.5 The legally binding version of these GTC is the German version. This English translation is provided for convenience only; in the event of discrepancies, the German version prevails.