General Terms & Conditions
- 1. General Terms & Conditions
- The accompanying General Terms and Conditions (GTC) apply to all business relations between Miracle Consulting GmbH, CEO – Usman Ahmad, Brauereistraße 13, 68723 Plankstadt (hereinafter alluded to as “Miracle Consulting GmbH”) and its legally binding accomplices (hereinafter alluded to as “Customer³). Yet again these GTC likewise apply to future business connections, regardless of whether they have not been explicitly settled upon. The latest form of the GTC legitimate at the hour of the finish of the agreement is definitive.
- Veering off, contradicting or advantageous GTC will not turn into an agreement part – regardless of whether Miracle Consulting GmbH knows about these – except if their legitimacy is expressly assented to recorded as a hard copy by Miracle Consulting GmbH.
- 2. Objective of the company
Ranqinxz is a service provider in the field of digital marketing and offers its customers various products in this field, such as Search Engine Optimization, Google Ads, Website & Software Development, Sales Funnel Optimization, Google Analytics Consulting, Amazon and Marketplaces SEO, Corporate Identity and Social Media Marketing.
- 3. Conclusion of the Contract
An agreement between Miracle Consulting GmbH and the Customer is closed upon receipt of the recently given request affirmation endorsed by the Customer.
- 4. Scopes of services, fee, term and termination
- The exact scope of the services delegated to Ranqinxz by the Customer, the incidental fees for this purpose, the reporting information, the due dates, the term and the right to terminate the contractual relationship are regulated in detail in the respective order confirmation (cf. § 3)
- Miracle Consulting GmbH has the right of retention in the event of a default in payment on the part of the Customer until full settlement of any and all its outstanding claims.
- 5. Changes to customer data, access protection
- If the Customer’s contact information changes after the contract is signed, the Customer must notify Miracle Consulting GmbH in writing as soon as possible.
- Miracle Consulting GmbH may fulfill its responsibilities to communicate information, such as invoices, payment reminders, or changes to the GTC, by sending emails to the Customer’s email address. The Customer is also responsible for configuring existing filter systems on the client and/or provider side (e.g., firewalls, virus and spam filters) to ensure that emails from Miracle Consulting GmbH are received at all times.
- 6. Forbidden content, exemption
- The Customer expressly declares to Miracle Consulting GmbH that its website, which will be used for advertising purposes by Miracle Consulting GmbH, and the content, products, and so on available there, as well as any specified search terms, do not violate third party rights (e.g. copyrights or trademark rights), statutory provisions (e.g. penal laws or regulations concerning minors’ protection), or moral standards (e.g. obscene, defamatory, xenophobic content). The Customer is exclusively responsible for determining the legal innocuousness of the foregoing.
Furthermore, the Customer expressly acknowledges that the terms and brands mentioned on its website may be used for search engine optimization, advertising (Google Adwords), and conversion optimization, unless the Customer notifies Miracle Consulting GmbH in advance of any restrictions.
- In the event of a breach of the preceding item a., or reasonable suspicion of such a breach, Miracle Consulting GmbH may:
- notify the customer
- Temporarily suspend services until the injury has been clarified and eradicated.
- cease the services indefinitely and cancel the contractual partnership without warning
Miracle Consulting GmbH maintains the right to select the appropriate corrective action.
- The Customer releases Miracle Consulting GmbH from any and all claims filed by third parties against Miracle Consulting GmbH as a result of any injury to their rights under item a) above, whether deliberate or negligent. The Customer must bear the costs incurred by Miracle Consulting GmbH for the required legal defense during the continuing legal procedure at the request of Miracle Consulting GmbH, or at the very least completely reimburse these costs upon the completion of this issue, if it is responsible for the infringement. The Customer is also required to supply Miracle Consulting GmbH with information and documentation required for the appropriate legal defense, where necessary, possible, and permitted by law.
- 7. Press Releases
As a technique of generating links, Miracle Consulting GmbH will write and disseminate internet news releases. These will be published on press websites. The Customer will establish subjects and material in advance, either by accepting Miracle Consulting GmbH suggestions or by supplying their own topic needs. The last version of this press release is deemed to have been released for publication after the Customer has accepted the press release generated or edited by Miracle Consulting GmbH through email. The contents of the press release are the responsibility of Miracle Consulting GmbH’s Customer. The publication of press releases by PR websites is beyond the control of Miracle Consulting GmbH. This press release is not guaranteed to be published.
- 8. Limitation of liability
- Miracle Consulting GmbH is liable for intentional or gross negligence-caused damage, claims under the Product Liability Act, and injury to life, limb, or health in line with statutory provisions.
- For losses caused by gross negligence, Miracle Consulting GmbH’s responsibility to replace the Customer’s contractual damage immediately foreseeable upon contract conclusion is restricted, provided the damage was not committed by executive personnel or legal representatives of Miracle Consulting GmbH. In such a circumstance, Miracle Consulting GmbH’s obligation is unlimited.
- Miracle Consulting GmbH shall be liable solely if an essential contractual commitment (cardinal obligation) is broken in the case of simple negligence on the part of Miracle Consulting GmbH or its vicarious agents. In such instances, liability is limited to the contractual damage foreseen by the Customer at the time the contract is signed. This also applies to breaches of duty by Miracle Consulting GmbH’s legal representatives and/or vicarious agents.
- Insofar as the aforementioned clauses limit or exclude Miracle Consulting GmbH’s obligation, the same applies to the liability of its legal representatives and/or vicarious agents.
- The Customer has been informed that search engine optimisation and advertising management are, in principle, also dependent on elements that service providers in the field of search engine marketing cannot control. As a result, neither a promise for an improvement in positioning/results nor liability for a hypothetical deterioration in positioning/results can be guaranteed. Any claims for damages in this regard are expressly prohibited.
- It is expressly stated that Miracle Consulting GmbH shall take independent action as part of the search engine optimization in order to provide links to third-party websites on the Customer website. These link-generation strategies include, but are not limited to, postings in web catalogues, forums, and blogs. Third parties (such as journalists, editors, bloggers, and forum members) or Miracle Consulting GmbH publish descriptions, comments, or articles, the content of which may refer to the branch, services and goods, and the Customer’s website. An unfavorable view about the Customers in general, as well as the specific case of the Customers’ offerings, is not permitted in the process. Furthermore, however, Miracle Consulting GmbH only has limited influence on design, content and style of the content created by third parties.
The Customer expressly proclaims its agreement to the acceptance of the existing terms and conditions via the preceding method and enables Miracle Consulting GmbH to take the necessary measures independently in this regard.
- 9. Data processing and protection
- The Customer accepts that Miracle Consulting GmbH may process and utilize his or her personal information, as well as content, login, invoicing, web analytics, and eCommerce data, in connection with the provision of services. Miracle Consulting GmbH will store the data in compliance with the applicable data protection laws. Miracle Consulting GmbH may pass on Customer data to third parties involved in contract execution to the degree necessary for contract execution or allow these data to be gathered directly by third parties. Data disclosure for other purposes is banned and requires the Customers’ express permission.
- Miracle Consulting GmbH will prepare periodical reports to assess the effectiveness of its search engine marketing efforts. Reports, particularly in the area of Google AdWords management, might be based entirely or partially on data from the Customer’s Google Analytics account.
- Miracle Consulting GmbH assists its customers in the installation of visitor evaluation software and service providers, such as the service provider report in Google Analytics, as part of its advising services. This consulting service clearly excludes any legal considerations.
In terms of the use of such visitor assessment, the Customer is solely responsible for incorporating any privacy policies required on its website that comply with the legal requirements of its jurisdiction. The Customer is exclusively responsible for acquiring information about the terms and conditions, privacy policies, and privacy preferences of third-party providers employed, such as Google Analytics, and analyzing and legally complying with data protection legal elements. Miracle Consulting GmbH is not permitted by law to provide legal advice.
- 10. Other provisions, severability clause
- The laws of the Federal Republic of Germany will be the only ones that apply.
- Changes and/or additions to these GTC must be reported in writing to the Customer. They will be deemed approved by the Customer if no complaints are raised in writing within one month. In the notification of change, the Customer must specifically relate to this legal consequence.
- If any of the terms of these GTC are or become invalid in whole or in part, the legality of the remaining provisions is unaffected. The invalid term or provision shall be replaced by a legitimate term or provision whose economic aim is legally allowed and as near to that of the invalid provision as practicable. The same is true for filling any gaps in these terms and conditions.
- Unless otherwise forbidden by law, Hamburg is presumed to be the sole and exclusive seat of jurisdiction between the Customer and Miracle Consulting GmbH.