Terms of Service

01Scope

These terms apply to all contracts between the Agency and its clients concerning social media marketing services, including strategy consulting, content planning and production management, influencer and creator marketing, e-commerce social media services and performance reporting.

The Agency provides services exclusively to entrepreneurs, legal entities and public bodies acting in a commercial or professional capacity. Services are not offered to consumers.

Terms and conditions of the client apply only if the Agency has expressly agreed to them in writing.

02Conclusion of contract

Offers by the Agency are non-binding unless expressly designated as binding. A contract is concluded when the Agency confirms the client's order in writing (email is sufficient) or begins performing the agreed services.

The scope of services, timelines, fees and specific deliverables are defined in the individual agreement. In case of conflict, the individual agreement takes precedence over these terms.

03Services

The Agency performs the agreed services with professional care, according to the individual agreement and the strategy documents approved by the client.

Unless expressly agreed otherwise, the Agency owes the performance of the agreed activities, not a specific commercial outcome. In particular, the Agency does not guarantee specific reach, engagement, follower numbers, sales, rankings or platform outcomes, as these depend on factors outside the Agency's control.

The Agency may engage qualified subcontractors, such as producers, editors or creators, to perform parts of the services and remains responsible for their proper coordination.

04Client obligations

The client supports the Agency by providing, in good time and free of charge, all information, materials, access rights and approvals needed for the services, in particular:

• Brand guidelines, product information and existing content
• Access to the relevant social media accounts, ad accounts and analytics tools
• Timely feedback and approvals within the agreed review periods
• Confirmation that supplied materials are free of third-party rights that would prevent their intended use

05Third-party platforms and creators

The services are performed on and with third-party platforms, such as Instagram, TikTok, YouTube, LinkedIn, Facebook and Pinterest, whose terms, algorithms, features and policies the Agency does not control and which may change at any time. The Agency is not liable for the consequences of such changes, for account restrictions imposed by platforms, or for platform outages.

Creators and influencers are independent third parties. The Agency selects, briefs and coordinates them with professional care but is not liable for their conduct, availability or the performance of their content, unless the Agency is at fault.

The client is responsible for ensuring that its products, claims and campaigns comply with the laws applicable to it, including advertising and labelling requirements. The Agency will point out obvious concerns it notices.

06Fees and payment

Fees are stated in the individual agreement. Unless agreed otherwise, they are exclusive of applicable taxes and of third-party costs, such as advertising budgets, creator fees, licences and production costs, which are either paid by the client directly or invoiced at cost.

Invoices are payable within 14 days of the invoice date without deduction, unless a different term is stated on the invoice. Recurring services are invoiced monthly in advance.

If the client is in default of payment, the Agency may suspend services after prior notice and charge statutory default interest and reasonable collection costs.

07Rights of use

Upon full payment, the client receives the rights of use in the deliverables to the extent defined in the individual agreement. Unless agreed otherwise, this is a non-exclusive right, unlimited in time, to use the deliverables for the client's own marketing on the agreed platforms.

Rights in content produced by creators are governed by the respective creator agreements, which the Agency arranges according to the client's requirements.

The Agency retains all rights in its methods, templates, tools and pre-existing materials. The Agency may name the client as a reference and show deliverables in its own portfolio only with the client's prior written consent.

08Confidentiality

Both parties treat all non-public business information received from the other party as confidential, use it only for the purpose of the engagement and protect it with reasonable care. This obligation continues for three years after the end of the engagement. Statutory disclosure duties remain unaffected.

09Liability

The Agency is liable without limitation for intent and gross negligence, for injury to life, body or health, and under mandatory statutory liability provisions.

For slight negligence, the Agency is liable only for the breach of essential contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the client may regularly rely. In such cases, liability is limited to the damage that was foreseeable and typical for this type of contract at the time of conclusion, and in total to the fees paid under the affected agreement in the twelve months preceding the event giving rise to the claim.

The Agency is not liable for indirect damage, loss of profit or the consequences of platform changes, account restrictions or the conduct of third parties, unless caused by the Agency's intent or gross negligence.

10Data protection

Both parties comply with the data protection laws applicable to them. Where the Agency processes personal data on behalf of the client, the parties conclude a data processing agreement. Details of the Agency's own processing are set out in the Privacy Policy on this website.

11Term and termination

Engagements for a defined project end upon completion. Ongoing engagements run for the term stated in the individual agreement and, unless agreed otherwise, may be terminated by either party with one month's notice to the end of a calendar month.

The right to terminate for cause remains unaffected. Services rendered up to the effective date of termination are invoiced on a pro-rata basis.

12Governing law and jurisdiction

These terms and all contracts between the Agency and the client are governed by the laws of the United Arab Emirates as applicable in the Emirate of Dubai, excluding its conflict-of-law rules. The courts of Dubai have exclusive jurisdiction for all disputes arising from or in connection with the contract.

Mandatory provisions of the law of the state in which the client has its seat remain unaffected to the extent they cannot be derogated from by agreement.

13Language

These terms are available in English and German. In case of discrepancies between the two versions, the English version prevails.

14Final provisions

Amendments and additions to the contract must be made in writing; email is sufficient. If any provision of these terms is or becomes invalid, the validity of the remaining provisions is not affected. The invalid provision is replaced by a valid provision that comes closest to its economic purpose.