General Terms and Conditions of Business

Gentrios by Geminos, (hereinafter “Gentrios”) to companies and private individuals.

1. Scope of application

(1) All deliveries, services and offers from Geminos are made exclusively on the basis of these General Terms and Conditions. These are an integral part of all contracts that Geminos concludes with its contractual partners (hereinafter referred to as “customer”) for the deliveries or services it offers. They also apply to all future deliveries, services or offers to the customer, even if they are not separately agreed again.

(2) Terms and conditions of the customer or third parties shall not apply, even if Geminos does not separately object to their validity in individual cases.

2. Our services and cooperation of the customer

(1) Geminos offers services in the field of social media marketing. The current products, services and price lists are listed in a separate price and product list and on the Geminos website at www.geminos.info. 

(2) The customer is obliged to provide all necessary cooperation (provision of image material, videos, graphics and information) in a timely manner. If the customer fails to provide the required cooperation and thus prevents the provision of the service, Geminos‘ claim to remuneration remains unaffected.

(3) Delays caused by the customer’s failure to cooperate may lead to additional costs, which shall be borne by the customer.

(4) Advertising partners such as LinkedIn, Meta and TikTok are entitled to stop campaigns without giving reasons. Geminos is not responsible for such measures and the claim to remuneration remains unaffected.

3. Services subject to acceptance

(1) The services provided by Geminos are generally subject to service contract law. Insofar as individual services, such as the creation of graphic content, are subject to the law on contracts for work and services, the customer is obliged to accept them as soon as the services have been properly rendered.

(2) The customer must declare acceptance of the service immediately after the functionality has been checked.

4. Travel expenses

(1) For journeys by car, we charge EUR 0.50 per kilometer driven in addition to the working time.

(2) Journeys by train, cab or public transport will be invoiced against receipt.

(3) Unless otherwise agreed, journeys to the client’s place of business to discuss projects and tasks shall not be charged or shall be agreed as a flat rate to be negotiated.

5. Conclusion of contracts

(1) The contract between Geminos and the customer may be concluded in writing, in text form or by telephone.

(2) Upon request, the customer will receive a written order confirmation.

6. Payments, prices, conditions

(1) The prices quoted are net prices plus the currently applicable statutory VAT.

(2) Payment for Geminos‘ services shall be made after the invoice has been issued. The amount is due immediately, unless otherwise agreed.

(3) If a direct debit is not honored, the customer shall bear the chargeback costs and is obliged to transfer the amount within three working days.

(4) The customer may only offset undisputed or legally established claims.

7. Term and termination

(1) The contract term depends on the agreed service period. Notice of termination must be given in writing. The notice period is one month to the end of the month. If notice is not given or not given in good time, the term shall be extended by one month in each case.

(2) Early termination is excluded unless there is an extraordinary reason for termination.

8. Default and extraordinary termination

(1) Time limits for the provision of services by Geminos shall only begin once the customer has agreed to the contract and provided the necessary data and information.

(2) In the event of late payment, Geminos is entitled to suspend further services until the outstanding amount has been settled.

(3) In the event of late payment of two consecutive installments, Geminos is entitled to terminate the contract extraordinarily and claim damages.

9. Liability

(1) Geminos is only liable for intent and gross negligence. In the case of simple negligence, Geminos shall only be liable for injury to life, limb or health and for breach of material contractual obligations.

(2) Liability for data loss is limited to the typical restoration costs.

10. Final provisions

(1) Amendments or supplements to these GTC must be made in writing. Verbal collateral agreements are not valid.

(2) Severability clause

The invalidity of individual provisions of this agreement shall not affect the validity of the remaining agreements (§ 306 BGB). In place of the invalid provision, the provision that comes closest to the intention of the parties and the meaning and purpose of the invalid provision shall be deemed to have been agreed or the contracting parties undertake to agree the provision that comes closest to the intention of the parties and the meaning and purpose of the invalid provision (§ 307, BGB).

(3) The place of performance and jurisdiction for all claims and legal disputes arising from the contractual relationship is the registered office of Geminos. The law of the Federal Republic of Germany applies. 

Terms and conditions as of: September 2024

Gentrios with Geminos