{"id":1091,"date":"2021-05-17T08:42:35","date_gmt":"2021-05-17T06:42:35","guid":{"rendered":"https:\/\/mallorca-media.com\/agb\/"},"modified":"2026-04-02T08:17:25","modified_gmt":"2026-04-02T06:17:25","slug":"agb","status":"publish","type":"page","link":"https:\/\/mallorca-media.com\/en\/agb\/","title":{"rendered":"GTC"},"content":{"rendered":"\t\t
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TERMS AND CONDITIONS (GTC)<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Mallorca media wird vertreten durch den Eigent\u00fcmer Nicola Hieber. Mallorca media ist selbst\u00e4ndig t\u00e4tig, die Umsatz\u00adsteuer\u00adidentifikations\u00adnummer lautet DE 340 875 699. <\/p>

  1. SCOPE OF APPLICATION<\/h4><\/li><\/ol>

    These General Terms and Conditions (hereinafter referred to as GTC) shall apply to all business relationships between mallorca media (hereinafter referred to as mallorca media or the agency) and entrepreneurs, legal entities under public law or special funds under public law. The agency’s GTC shall also apply to all future transactions with the customer, even if no express reference is made to the GTC in individual cases. Any terms and conditions of the Customer that conflict with or deviate from these GTC shall not apply unless the Agency has expressly agreed to their validity in writing. These GTC shall also apply if the Agency executes the orders without reservation in the knowledge of conflicting or deviating terms and conditions of the Customer. Even then, the client’s general terms and conditions shall not become part of the contract. The Agency’s GTC shall apply to all orders, regardless of whether they are placed electronically, in writing, by telephone or in any other way. In addition, the provisions of the German Civil Code in the version applicable at the time of delivery or performance shall apply, unless otherwise stipulated in these GTC. <\/p>

    1. CONCLUSION OF A CONTRACT<\/h4><\/li><\/ol>

      The agency offers professional solutions for programming and websites as well as all advertising and marketing measures. All offers made by the agency are subject to change and non-binding. The basis for the conclusion of the contract is the respective offer of the agency, in which the scope and extent of the order is defined in a detailed service description. <\/p>

      All agreements made between the agency and the customer for the purpose of executing an order must be agreed in writing. Amendments, supplements and ancillary agreements must be made in writing to be effective. However, the Agency shall also be entitled to accept orders from the Client implicitly and\/or verbally. Any additional costs incurred as a result of amendments and\/or additions shall be remunerated separately by the client. <\/p>

      The object of each contract is the provision of the agreed service by the agency, not a specific result hoped for by the customer. The agency shall be entitled to use third parties (in particular subcontractors and\/or freelancers) to perform the contract. <\/p>

      Website maintenance contracts are always concluded on a monthly basis for a minimum term – usually 6 months – at a fixed “flat rate”. After this minimum term, the customer can terminate this contract by e-mail at any time at the end of the following month. <\/p>

      1. PRICES, PAYMENT<\/h4><\/li><\/ol>

        All prices are quoted in EUR and are exclusive of VAT, unless expressly stated otherwise. Fees, taxes and other ancillary costs are not included in the prices. All ancillary costs (such as travel costs, shipping costs, insurance premiums and expenses) will be invoiced separately in accordance with the contractual agreement. <\/p>

        Unless otherwise agreed, the development of creative, conceptual and\/or presentation proposals prior to the conclusion of a contract shall be subject to separate payment. If a price has not been agreed for this, the customary local prices shall apply, unless otherwise contractually agreed, and shall be due within 10 days of receipt of the invoice without any deductions. If the payment deadlines are exceeded, the Agency shall be entitled to default interest of 5 percentage points above the base interest rate without further reminder. The right to claim further damages shall remain unaffected by this provision. If the Agency’s customer is in default of payment, the Agency shall be entitled to prohibit the customer the right to use the services and to withdraw its ownership rights to all services that have not been paid for in full. <\/p>

        Third-party services that exceed the total amount of EUR 250 are generally due in advance.<\/p>

        3.A ADDITIONAL COSTS FOR LICENSES<\/strong><\/p>

        As part of the website creation by mallorca media, license costs may be incurred for certain extensions or plugins. These include multi-language plugins, legally compliant cookie banner plugins, caching extensions, cron extensions, CDN network extensions and many more. By agreement, these are either invoiced to the customer by the agency once a year on a pro rata basis and individually according to use, or they are purchased specifically for the customer and invoiced accordingly on a 1:1 basis. <\/p>

        1. OFFSETTING AND RIGHT OF RETENTION<\/h4><\/li><\/ol>

          The Agency’s customer shall only be entitled to set-off and retention if the customer’s counterclaims arise from the same contractual relationship, have been legally established or are undisputed. \u00a7 Section 369 HGB remains unaffected. <\/p>

          1. RIGHTS OF USE, COPYRIGHTS AND OTHER INDUSTRIAL PROPERTY RIGHTS<\/h4><\/li><\/ol>

            The customer warrants that all rights to the templates, texts, graphics, presentations, etc. provided to the agency belong to the customer. With regard to all third-party claims in this regard, the customer shall indemnify the agency internally. <\/p>

            The granting of rights of use, copyrights, ancillary copyrights and other industrial property rights to the Agency’s services shall only be transferred to the extent agreed in the contract with the Client. Any other, additional and\/or modified use shall require the Agency’s prior written consent. In such a case, the Agency shall be entitled to make permission dependent on the payment of an additional usage fee. <\/p>

            As long as and unless otherwise agreed, the customer shall acquire the non-transferable rights of use for non-exclusive, territorially, content-wise and temporally unrestricted use upon full payment of the agreed fee to the contractually agreed extent. Ownership rights to services developed by mallorca media are not included in the offer price, but can be acquired at any time at the customer’s request for an additional usage fee amounting to 75% of the agency services concerned (including the transfer of open work data). <\/p>

            The granting of rights of use does not refer to the drafts, sketches and\/or planning, but only to the service that has actually been completed and paid for.<\/p>

            As long as and to the extent that the agency purchases third-party services to fulfill the customer’s order, the rights of these third-party providers shall be acquired for the desired scope of use at the customer’s request.<\/p>

            The agency assumes no liability for the legal validity of the acquired rights and, upon request by the customer, assigns all existing rights to the customer. The customer shall indemnify the agency against all claims of these third parties. This indemnification shall also apply in the event that the third party raises claims because the customer uses the purchased services beyond the scope of use agreed with the agency. <\/p>

            Rights of use to services that have not yet been paid for at the end of the cooperation between the parties shall remain with the agency, unless otherwise contractually agreed with the client.<\/p>

            1. OWN ADVERTISING<\/h4><\/li><\/ol>

              The agency is entitled to make appropriate use of the services it provides by way of self-promotion in a manner customary in the industry.<\/p>

              1. SCOPE OF THE PERFORMANCE OBLIGATIONS<\/h4><\/li><\/ol>

                Mallorca media is only obliged to make the services provided available to the customer in the agreed form. A transfer of open data (e.g. uncompiled source code, video, 3D, InDesign, Illustrator and Photoshop files) for further processing by the customer shall only take place if this has been expressly agreed in writing and a separate remuneration has been agreed for this (property rights and administration costs). <\/p>

                If the transfer of all files, work results etc. in digital form has been agreed, the Agency shall fulfill its obligation in this respect if it makes this data available to the Client by data transfer.<\/p>

                1. SOCIAL MEDIA, SEM \/ SEA AND WEBHOSTING<\/h4><\/li><\/ol>

                  In the case of services provided by the agency that include the area of social media, the agency shall point out to the customer that there are separate provisions in the general terms and conditions and\/or terms of use of the respective providers that regulate the use of these platforms for marketing purposes and other advertising measures.<\/p>

                  The agency draws the client’s attention to the fact that marketing on these platforms is sometimes only possible subject to restrictions. The agency’s client is the publisher and responsible for the content of the respective marketing measure on a social media platform. The agency assumes no liability for ensuring that the respective publication on social media platforms complies with the regulations, general terms and conditions and terms of use there and expressly advises the customer to seek legal advice in this area. <\/p>

                  As long as and insofar as the customer has commissioned SEM or SEA from mallorca media, mallorca media shall only be obliged to take action without being obliged to achieve a specific result. In particular, no guarantee can be given that a specific ranking will be achieved. <\/p>

                  As long as and insofar as the customer also wishes to have web hosting for the digital applications, this shall not be implemented by the agency in its own name. Rather, the Agency shall be authorized by the Customer to conclude a web hosting contract with a provider duly selected by the Agency. The contractual partner of the web host is exclusively the customer. In this respect, the agency is only responsible for the faultless selection of a suitable host provider, but is not itself responsible for hosting and accessibility. Mallorca media will inform the service provider, which takes over the web hosting, of the customer’s wishes with regard to the duration and other conditions. The agency will only take over the hosting for the client itself after a separate contractual agreement. In this case, the agency rents managed servers and sublets hosting services to the customer. In this case, the Agency shall only be liable for its own fault, but not for the fault of the service provider. <\/p>

                  Maintenance contracts for the SEO of websites are always concluded on a monthly basis for a minimum term – usually 6 months – at a fixed “flat rate”. After this minimum term, the customer can terminate this contract by e-mail at any time at the end of the following month. <\/p>

                  1. COLLECTING SOCIETIES AND OTHER LEVIES<\/h4><\/li><\/ol>

                    All fees incurred by collecting societies, such as GEMA or the K\u00fcnstlersozialkasse, shall be borne separately by the customer.<\/p>

                    1. SPECIAL NOTES<\/h4><\/li><\/ol>

                      The agency essentially designs solutions for marketing measures. The Agency therefore expressly draws the Client’s attention to the fact that although the Agency will provide its services to the best of its knowledge and belief, it naturally does not provide its own legal advice on the permissibility of the respective marketing measure and therefore cannot guarantee that the services provided by the Agency, in particular, but not exclusively, are permissible in terms of competition law or due to further advertising restrictions or remain permissible in the long term. <\/p>

                      The customer shall fully indemnify the agency internally with regard to such third-party claims.<\/p>

                      Claims of the customer against the agency in this regard are excluded.<\/p>

                      If the customer does not terminate the maintenance contract, whether for SEO or website maintenance, it will continue to run automatically until the customer gives notice of termination or the agency returns it. Until this time, the fixed flat rate tariff is due. There is no requirement specification for the maintenance of a website or the SEO of a website by the agency, as this would usually exceed the effort of the maintenance and thus also the calculated number of hours. At the express request of the customer, a specification for the maintenance can be created for a corresponding fee. <\/p>

                      1. CUSTOMER’S OBLIGATION TO COOPERATE AND THIRD-PARTY PRODUCTION<\/h4><\/li><\/ol>

                        The customer shall be obliged to cooperate in achieving the contractual objective and to provide the agency in good time with the information to be used, to check and approve drafts for as long as and insofar as this is necessary for the provision of services by mallorca media. The customer shall also be obliged to provide the agency with all media data required for the provision of services in a digital format in a manner customary in the industry. If the customer fails to properly fulfill its obligation to cooperate, in particular after being requested to do so by the agency, the agency shall be entitled, after setting a reasonable deadline, to withdraw from the concluded contract and to invoice the customer for the loss of profit. <\/p>

                        As long as and insofar as mallorca media uses third parties to provide services, for example for the production of print documents, mallorca media shall not be obliged to carry out production monitoring unless this has been expressly agreed with the customer. mallorca media shall only be responsible for the proper selection of the service provider. <\/p>

                        Unless and insofar as the parties have agreed otherwise, mallorca media shall be entitled to represent the customer in concluding the contract with third-party companies. Third-party companies include, but are not limited to, advertising journals, printing companies, web hosting providers, etc. In such cases, the contractual relationship shall be concluded directly between the agency’s customer and the third-party provider. The customer can only assert claims arising from this contractual relationship directly against the third-party provider. In this respect, the customer is also obliged to check, approve and\/or accept the services of these third-party providers. If the customer commissions the agency to carry out such a review\/approval and\/or acceptance, the customer may no longer raise objections against the agency. mallorca media may charge a reasonable service fee for support. Complaints and reclaims against the agency arising from third-party services, e.g. commissioned printing services and merchandising products, shall be excluded once the customer has approved the final print data. mallorca media accepts no liability whatsoever for the correct resolution of the print data or images supplied in the event of printing. At most, we will point out a problematic resolution. <\/p>

                        If the order value of the services to be provided by third parties exceeds the value of EUR 500, the invoice amount must be paid 100% in advance. Only then will the agency award the contract to a third party. <\/p>

                        1. DATES<\/h4><\/li><\/ol>

                          Stated performance deadlines and\/or dates are approximate and are not binding. Excluded from this are fixed dates confirmed in writing. If the agency’s performance is delayed for reasons for which it is not responsible, for example due to documents not being provided by the customer on time, the customer shall not be entitled to claim damages. In any case of non-compliance with a deadline, the customer shall be obliged to set the agency a reasonable grace period for the provision of the respective service. In the event of force majeure, agreed delivery\/service deadlines shall be extended accordingly by the duration of the force majeure. <\/p>

                          1. ACCEPTANCE<\/h4><\/li><\/ol>

                            As long as and insofar as a specific success is owed through the provision of a specific work, the customer is obliged to accept the work after completion. Acceptance may only be refused if there are significant defects in the work, otherwise acceptance shall be deemed to have been granted. <\/p>

                            If the customer does not fulfill his obligation to accept the work within 10 working days of being requested to do so by the agency, acceptance shall also be deemed to have taken place as long as and insofar as there are no significant defects in the work.<\/p>

                            1. WITHDRAWAL BY THE AGENCY<\/h4><\/li><\/ol>

                              The agency has the right to refuse performance if it becomes apparent after conclusion of the contract that the claim to payment for the services is jeopardized by the customer’s inability to pay. In this case, the agency must inform the customer of this and give him the opportunity to provide suitable and appropriate security. Withdrawal by the Agency is not possible if and as long as the Agency accepts the security provided. If the agency is permanently prevented from providing the agreed service (8 weeks) due to force majeure or other events unforeseeable at the time the contract was concluded and the agency is not responsible for this circumstance, it shall be entitled to withdraw from the contract without the customer being entitled to claim damages. If the agency exercises its right to withdraw from the contract in accordance with this provision, all claims for damages by the customer shall be excluded, unless they are based on intentional conduct, guaranteed characteristics, injury to life, limb or health or under the Product Liability Act. <\/p>

                              1. WARRANTY<\/h4><\/li><\/ol>

                                The customer shall only have warranty claims due to a defect in the service provided if the customer notifies the agency of these defects immediately (within 10 working days of delivery of the services). Otherwise, the Agency’s services shall be deemed to have been accepted. The customer’s duty of inspection shall extend to the entire service received. The receipt of the written notice of defects by mallorca media shall be decisive for the timeliness of the complaint. As long as and insofar as justified defects are reported, the agency shall be obliged to revise the services. In the event of a justified complaint, the agency shall bear the associated, comprehensible, reasonable and proven expenses. If the subsequent performance fails (after two attempts), the customer shall be entitled either to reduce the agreed fee or to withdraw from the contract. In the case of minor defects, the customer shall not be entitled to withdraw from the contract. The warranty period is one year from acceptance of the service. The reduction of the warranty obligation to one year shall not apply to claims of the client for which liability is not limited (\u00a79). The Agency’s warranty obligation shall not apply if the customer carries out a repair himself or has it carried out by a third party without the Agency’s consent. The Agency shall only be liable under the warranty for direct damage, but not for indirect damage and\/or consequential damage. The Agency shall only provide a warranty with regard to the absence of defects at the time of acceptance. If, for example, changes are made to a website by the customer and this results in the website no longer functioning properly, the customer shall have no warranty claims. <\/p>

                                1. LIMITATION OF LIABILITY<\/h4><\/li><\/ol>

                                  Mallorca media shall be liable in accordance with the statutory provisions. In the event of damage to property and financial loss caused by negligence, mallorca media and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited to the amount of damage foreseeable at the time of conclusion of the contract and typical for this type of contract; material contractual obligations are those whose fulfillment characterizes the contract and on which the customer of mallorca media may rely. <\/p>

                                  1. DISCLAIMER FOR LEGAL TEXTS (Imprint & Privacy Policy)<\/h4><\/li><\/ol>

                                    The Contractor prepares legal texts, such as the legal notice and privacy policy in particular, exclusively to the best of its knowledge and belief and on the basis of the information provided by the Client. The contractor does not check or guarantee the legal accuracy, completeness or up-to-dateness of these texts. The legal responsibility for the content of the website, including the legal notice and data protection declaration, lies solely with the client. The client is expressly advised that a legal review by a qualified law firm is recommended in order to ensure the legal security of the texts used. <\/p>

                                    1. HIGHER VIOLENCE<\/h4><\/li><\/ol>

                                      “Force majeure” means the occurrence of an event or circumstance that prevents mallorca media or our customer from fulfilling one or more of the contractual obligations under the contract if and to the extent that the party affected by the impediment proves that: (a) this impediment is beyond its reasonable control; and (b) it was not reasonably foreseeable at the time of the conclusion of the contract; and (c) the effects of the impediment could not reasonably have been avoided or overcome by the affected party. <\/p>

                                      In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfill the requirements of paragraph 1 lit. (b) of this clause: (i) war, acts of foreign enemies, large-scale military mobilization; (ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy; (iii) currency and trade restrictions, embargo, sanctions; (iv) lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalization; (v) plague, epidemic, natural disaster or extreme natural event; despite the declaration of Covid-19 as a global pandemic by the WHO in 2020, the current and future effects and restrictions are not foreseeable, so that Covid-19 as well as other diseases that lead to an epidemic situation of national scope are considered “force majeure”; (vi) explosion, fire, destruction of equipment, prolonged failure of means of transportation, telecommunications, information systems or energy; (vii) general labor unrest such as boycotts, strikes and lockouts, occupation of factories and buildings. <\/p>

                                      A party who successfully invokes this clause shall be released from its obligation to perform its contractual obligations and from any liability for damages or any other contractual remedy for breach of contract from the time when the impediment prevents it from performing, provided that notice is given without delay. If notice is not given immediately, the release shall take effect from the time the notice reaches the other party. If the effect of the alleged impediment or event is temporary, the consequences set out above shall apply only for as long as the alleged impediment prevents the party concerned from performing the contract. If the duration of the alleged impediment has the effect of substantially depriving the parties of what they could reasonably expect under the contract, either party shall have the right to terminate the contract by giving notice to the other party within a reasonable time. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 120 days. Unless otherwise agreed, the parties expressly agree that the services already provided by mallorca media up to the time of termination and any costs incurred may be invoiced. <\/p>

                                      1. PLACE OF JURISDICTION, PLACE OF PERFORMANCE AND FINAL PROVISIONS<\/h4><\/li><\/ol>

                                        German law shall apply exclusively to all contracts with the Agency. The place of jurisdiction for any disputes arising from the business relationship shall be the respective registered office of the Agency, whereby the Agency shall also be entitled, but not obliged, to sue the Customer at its place of jurisdiction. Should any provision of these GTC or the contract be or become invalid, this shall not affect the validity of the remaining provisions. Ineffective or unenforceable provisions shall be replaced by mutual agreement by an effective or enforceable provision that comes as close as possible to the economic result of the ineffective or unenforceable provision. All amendments to a contract concluded with the agency – as well as the conclusion of the contract – must be made in writing. This also applies to the waiver of the written form requirement itself. <\/p>

                                        Status October 2020 & Covid supplements in May 2021<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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                                        Copyright & Design by mallorca media<\/a> 2025 | All rights reserved.<\/p>

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                                        HOME<\/a> IMPRINT<\/a> PRIVACY POLICY<\/a> GENERAL TERMS AND CONDITIONS<\/a> CONTACT<\/a><\/small><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                        TERMS AND CONDITIONS (GTC) Mallorca media wird vertreten durch den Eigent\u00fcmer Nicola Hieber. Mallorca media ist selbst\u00e4ndig t\u00e4tig, die Umsatz\u00adsteuer\u00adidentifikations\u00adnummer lautet DE 340 875 699. SCOPE OF APPLICATION These General Terms and Conditions (hereinafter referred to as GTC) shall apply to all business relationships between mallorca media (hereinafter referred to as mallorca media or the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_eb_attr":"","footnotes":""},"class_list":["post-1091","page","type-page","status-publish","hentry","wpbf-post"],"yoast_head":"\nGTC - mallorca media<\/title>\n<meta name=\"description\" content=\"Our terms and conditions show all the important legal framework conditions for the activities and contractual relationships between mallorca media and customers.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/mallorca-media.com\/en\/agb\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"GTC - 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