Terms and Conditions

General Terms and Conditions

Influlens is the name of the website and advertising agency for marketing services of Milos Cirovic.

Owner: Milos Cirovic, sole proprietorship - advertising agency

VAT ID: ATU73964506

Registered office: Litzelhofenstraße 10/20, 9500 Villach, Austria

Email: office@influlens.de, Web: www.influlens.de

1. Scope

(1) All deliveries, services and offers of Milos Cirovic, sole proprietor trading as "Influlens" (hereinafter "Contractor"), are provided exclusively on the basis of these General Terms and Conditions. They form part of all contracts with his business partners (hereinafter "Client") and also apply to all future business, without a new express agreement.

(2) These terms apply in particular to product photography, 3D and video, Amazon listings and A+ content, Amazon advertising (PPC), social media advertising (e.g. Meta, TikTok), building and managing online shops, email marketing, content production, and consulting and ongoing support in monthly packages.

(3) Terms of the Client or third parties do not become part of the contract, even if the Contractor does not object to them in an individual case. The services are offered exclusively to businesses.

2. Services

(1) The Contractor determines how the services are performed at his professional discretion and may use subcontractors or third parties. Content may be created with the help of AI tools.

(2) The Client provides all necessary cooperation in good time, completely and free of charge, in particular products, product information, approvals and access to accounts (e.g. Amazon Seller Central, ad accounts, online shop). If necessary cooperation is not provided, the claim to payment remains unaffected. Additional costs caused by delays on the Client's side are borne by the Client.

(3) For advertising, optimisation and consulting services, the Contractor owes professional performance but no specific economic result (e.g. revenue, ranking, ACoS, return). Decisions on prices, stock and ad budget are made by the Client. There is no guarantee that platforms such as Amazon will accept content.

(4) Changes made by the Client in managed accounts (e.g. own campaigns or price changes) must be agreed with the Contractor in advance. The Contractor is not liable for the consequences of such changes.

(5) The Contractor does not carry out measures that violate platform policies or laws (e.g. purchased reviews).

(6) The Client is responsible for the accuracy of his product information (e.g. ingredients, dimensions, certificates) and for the legal admissibility of product and health claims in his target market. The Contractor points out recognisable risks but does not provide legal advice.

(7) Raw data and open working files are only handed over by separate agreement.

(8) The Contractor may name the Client as a reference in all media for up to five years after the end of the contract, including with the Client's current logo.

3. Additional services, revisions and tests

(1) Services not included in the scope agreed in writing are charged separately according to an offer. The Contractor states the price before starting.

(2) Unless agreed otherwise, the price includes two rounds of revisions per deliverable. Further revisions are charged separately.

(3) Test and pilot phases (e.g. advertising tests) are subject to charge unless agreed otherwise in writing with an end date. Goodwill services apply only if promised in writing and do not create any claim for the future.

4. Ad budget and third-party costs

(1) Ad budgets (e.g. Amazon Ads, Meta, TikTok) are paid by the Client directly to the respective platform.

(2) Costs for software, apps, themes and subscriptions running in the Client's account are borne by the Client.

(3) Standard stock material and AI tools for the agreed deliverables are included in the price. Special licences, paid creators and models are passed on after prior approval by the Client. Third-party material is subject to the provider's licence terms.

5. Conclusion of contracts

Contracts between the Contractor and the Client may be concluded orally, in writing or in text form. An order confirmation can be issued on request but is not required for the contract to be concluded.

6. Services requiring acceptance

(1) Conceptual and consulting services are service contracts. The following rules apply to services requiring acceptance.

(2) The Contractor may request acceptance after completion of individual parts and after completion of all services. A service is deemed accepted if the Client does not report defects within 7 working days of the request.

(3) In the case of significant defects, the Contractor has the right to rectify them.

7. Prices and payment

(1) Prices stated are net prices and binding. They are subject to statutory VAT where applicable.

(2) Invoices are due immediately upon receipt without deduction. Projects may be invoiced in instalments (e.g. 50 % on order).

(3) Invoices state the service and service period as agreed and performed. Invoice date or content are not changed afterwards.

(4) In the event of late payment, the statutory default interest for business transactions applies (Section 456 Austrian Commercial Code (UGB), 9.2 percentage points above the base rate) as well as the flat fee of EUR 40 under Section 458 UGB.

(5) If SEPA direct debit is agreed, the Client bears the costs of returned debits and transfers the amount within three working days.

(6) Set-off or retention is only permitted with undisputed or legally established counterclaims.

8. Monthly packages, term and termination

(1) Monthly packages are invoiced in advance on the first day of each month.

(2) Unless agreed otherwise, the minimum term of a monthly package is three months. It then renews for one month at a time and can be terminated with 14 days' notice to the end of a month. Services not used in a month expire and are not carried over.

(3) Other contracts run for the individually agreed term. Early termination is excluded unless agreed separately.

(4) Termination must be in writing. The right to extraordinary termination remains unaffected.

9. Default and extraordinary termination

(1) Delivery periods only begin once the invoice amount or the agreed deposit has been received and all necessary data and cooperation have been provided.

(2) If a payment due has not been received by the 7th day after the due date, the Contractor may suspend services until payment is received. Agreed dates are postponed accordingly.

(3) In the event of default on an instalment or a monthly package, the Contractor may terminate the contract extraordinarily and claim damages.

10. Performance

The Contractor performs the agreed services with due care and may use third parties for this purpose. Obstacles arising from the Client's sphere do not affect the claim to payment.

11. Conduct

The Client shall act as an honest businessperson. Unlawful or improper statements about the Contractor or his services will be pursued under civil law and may have criminal consequences.

12. Third-party rights

The Client warrants that the materials he provides are free of third-party rights and indemnifies the Contractor against any third-party claims.

13. Rights of use and accounts

(1) Upon full payment, the Client receives a permanent, transferable right to use the final deliverables (e.g. images in JPG format, videos in MP4 format), unrestricted in time, territory and content and including the right to edit them, to the extent rights exist in them. No additional costs arise for the tools and licences used, e.g. stock material and AI tools (see section 4). Use before full payment is not permitted.

(2) Third-party material contained in the deliverables (e.g. stock material, fonts, content from AI tools) is additionally subject to the provider's licence terms; the Contractor transfers the rights he has received himself. Raw data, open working files and templates are only handed over by separate agreement. Accounts, campaigns and shops remain the property of the Client.

14. Right of withdrawal

There is no right of withdrawal for businesses.

15. Liability

(1) The Contractor is only liable for intent and gross negligence. In the case of slight negligence, liability is limited to injury to life, body and health and to the breach of essential contractual obligations.

(2) Liability for loss of data and programs is limited to the typical recovery effort that would have been required with regular data backups.

16. Final provisions

(1) Deviations from these terms must be made in writing. Individual agreements take precedence.

(2) Austrian law applies. Place of performance and jurisdiction is Villach, Austria.

(3) The German version of these terms is binding; this English version is a translation for information.

(4) Should any provision of these terms be invalid, the remaining provisions remain valid.