Terms and conditions

In that case, the individual contractual provisions take precedence. Within the scope of its business activities, trustfactory.de provides, among other things, the following services:

• Sale of guest articles and content
• Consulting and services in the field of SEO

2. Contracts

Contractual relationships between trustfactory.de and its clients are concluded when an order is placed and accepted by trustfactory.de.

The acceptance of an order is confirmed to the client by email. For this purpose, trustfactory.de collects the client’s email address and uses it to communicate with the client.

The subject matter of the contract and the specific activities, tasks and obligations arising from the contractual relationship are agreed in advance between trustfactory.de and the client and are described bindingly in the order confirmation.

Placing an order with trustfactory.de establishes a service relationship, not an employment contract. Such a contract is expressly not intended and is in no way established by the acceptance of an order. trustfactory.de works for various clients and, within the scope of its business obligations, takes care of all taxes and/or social security contributions.

3. Term and end of the contractual relationship

Concluded contracts begin at the agreed time and end at the defined end date or upon final completion of the commissioned service to the agreed extent. Either party may terminate without notice before the contract has been fulfilled if there are legal grounds that justify termination without notice and/or make it impossible to continue the contractual relationship.

Important grounds may include:

• Default in payment by the client
• Inability to pay or insolvency of the client, provided that insolvency proceedings have not yet been opened
• Requests to carry out acts or services that are relevant under criminal law

4. Scope of services

The services to be provided by trustfactory.de comprise the agreed tasks, activities and/or results within the scope of performing the order that trustfactory.de has confirmed to the client in writing.

Services beyond this agreement require a formal order and acceptance as well as written confirmation by trustfactory.de. Changes to the service requirements also require written form. Oral side agreements are generally invalid unless they have been confirmed in writing by trustfactory.de and thereby legitimised.

Where services must be tied to dates or deadlines, these may be set out in writing in the order. If no dates are set out in writing, the services are deemed not to be scheduled. In that case, trustfactory.de cannot be in default with the provision of services.

Unless individually deviating arrangements have been agreed in the contract, trustfactory.de provides the equipment, software and personnel required to provide the services. Deviating arrangements require written form.

Ensuring compliance with laws and regulations is solely the client’s responsibility. trustfactory.de expressly does not carry out any legal review of orders placed. By placing an order, the client assures that it will not use trustfactory.de for projects that are unlawful or contrary to morality and good conduct.

If a breach of this becomes known, trustfactory.de is entitled to terminate the contractual relationship without notice and to invoice the partial services provided up to that point. Should the contractually agreed provision of services be impossible for trustfactory.de, or should impossibility of performance occur or be imminent, trustfactory.de will inform the client of this without delay.

Unless otherwise agreed, the branch located closest to the client is responsible for providing the service.

5. Contractual obligations of the parties

Both contractual partners support each other to the best of their knowledge and belief in processing concluded contracts and fulfilling the contractual service obligations by providing the necessary information, details and/or experience.

Both parties support a smooth and efficient workflow. trustfactory.de has the right to terminate an order with immediate effect if the order violates any of the provisions of section 6.

If the provision of services is impossible for a reason for which trustfactory.de is not responsible and/or which trustfactory.de cannot influence, this does not give rise to any claim for recourse by the client.

6. Inadmissible orders

trustfactory.de reserves the right to reject orders, to terminate orders already accepted without notice or to refuse partial services if they are inadmissible according to the following criteria:

• Pornographic or inappropriately suggestive material, in particular where it depicts minors in a sexual context or solicits sexually motivated services.
• Material that incites the commission of criminal offences, bodily harm or damage to property, or that affects public order and/or safety in a threatening manner. This includes material that organises, trivialises or actively supports the aforementioned subject areas.
• Material that supports, promotes or trivialises attacks, bullying or harassment.
• Material that supports, promotes or trivialises drug use. This includes material connected with the sale of prohibited substances or substances relevant under criminal law.
• Material that incites hatred, in particular incitement to hatred against parts of the population (Volksverhetzung), or that trivialises, supports, organises or approves of it.
• Material that infringes intellectual property or the individual rights of natural or legal persons or organisations.
• Material that violates data protection laws, disregards the proper handling of personal data, or calls for or instructs on infringements in this context.
• Intentionally misleading material, in particular material that intentionally constitutes consumer deception.
• Material that is in any way connected with unlawful information or content.
• Material commissioned in connection with the sale, acquisition, trivialisation or glorification of firearms by private individuals.

trustfactory.de reserves the right to extend the aforementioned points, to apply them at any time by way of interpretation to inadmissible orders and to inform the client of this at any time.

7. Right of withdrawal and consequences of withdrawal

trustfactory.de begins carrying out orders immediately after the order has been placed in accordance with section 2 of these terms and conditions. Withdrawal from an order once placed is no longer possible.

8. Guarantee and warranty

Unless different conditions are agreed in an individual contract, trustfactory.de gives a 12-month guarantee on placed guest articles. Any statutory warranty obligations remain unaffected.

If a guest article is removed or deleted within twelve months, trustfactory.de will refund the money in full. A guarantee claim also exists if, within twelve months, a link is no longer visible and/or accessible because the visibility settings of a forum or post have been changed. Deviating conditions require written form.

9. Prices and terms of payment

The parties agree on a fixed price for the provision of the agreed services in an individual contract. All prices are net prices plus statutory value added tax at the applicable rate. In principle, trustfactory.de offers payment by credit card, PayPal, SEPA mandate and bank transfer. trustfactory.de reserves the right, for any order, not to offer certain payment methods and to refer to other payment methods.

For SEPA direct debits, the advance notice (pre-notification) is shortened to five days.

Unless the parties have agreed otherwise in an individual contract, trustfactory.de begins performing the agreed service without delay once the client has provided all information required to perform the service and the fixed price, or an instalment agreed in the individual contract, has been received in the agreed bank account. The bank details are communicated to the client during or immediately after completion of the ordering process. If PayPal is selected as the payment method, the payment process can be started and completed via a corresponding button link at the end of the ordering process.

If the agreed fixed price is not received by trustfactory.de within 14 days of the invoice date, trustfactory.de is entitled to withdraw from the contract. If a service cannot be provided, or cannot be provided within the period agreed in the individual contract, for reasons for which third parties (e.g. publishers) are responsible, the client receives, unless the parties have agreed otherwise in an individual contract, a credit for the amounts paid to the credit account set up for the client at trustfactory.de. trustfactory.de will inform the client that the service could not be provided and of the credit to the credit account.

The balance in the credit account is offset against the client’s next order with trustfactory.de. In addition, the client has the right at any time to have the balance in the credit account refunded by trustfactory.de.

10. Liability

trustfactory.de is liable for the service tasks it has assumed in cases of intent, gross negligence and in accordance with statutory provisions. Where guarantees are given in individual contractual agreements, liability for them is assumed in accordance with the respective guarantee.

Liability for slight negligence is assumed only in accordance with statutory provisions, for breach of material contractual obligations or for injury to health, body or life. Any claims for damages in the event of a slightly negligent breach of material contractual obligations are limited to the damage that can be demonstrated from the contractual relationship or that can be expected with certainty.

If trustfactory.de engages vicarious agents, it is liable for them to the same extent. In the area of SEO activities, trustfactory.de is not liable for drops in rankings, penalties imposed by search engines or negative effects of the activity.

The necessary specifications, the complete provision of all required information and the assessment of risks are solely the client’s responsibility, which is why the client alone bears the risk of SEO activities. The liability provisions extend to damages in lieu of performance, damages in addition to performance and the reimbursement of futile expenses, regardless of the legal basis of the claim. This includes liability for impossibility, delay or any kind of material defect.

11. Confidentiality

(1) trustfactory.de is obliged to maintain confidentiality about all facts that become known to it in connection with its work for the client. Disclosure to third parties not involved in carrying out the order is only permitted with the client’s written consent.

(2) trustfactory.de undertakes to oblige all persons it engages to carry out the order to comply with this provision.

12. Use of client logos

trustfactory.de is entitled to use the client’s logo for its own reference purposes, in particular for display in client lists on the website or in other advertising materials. If the client does not wish this, it may inform trustfactory.de in writing at any time, and the logo will be removed without delay.

13. Place of jurisdiction

The place of jurisdiction is Mannheim, Germany, unless otherwise agreed in an individual contract.

14. Severability clause

Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. In that case, the contractual partners will replace the invalid provision with another provision that comes as close as legally permissible to the economic purpose of the omitted provision.

Alternative dispute resolution pursuant to Art. 14(1) ODR Regulation and § 36 VSBG: The European Commission provides a platform for online dispute resolution (ODR), which you can find at ec.europa.eu/consumers/odr.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.