General Terms and Conditions (GTC)

General Terms and Conditions of Sebastian Iskra – Revenue Marketing IO for businesses

§1 General

(1) The following General Terms and Conditions apply to all contracts for services related to performance marketing services provided by Sebastian Iskra, trading under the business name Revenue Marketing IO, Carrer dels Angels 8, 2° 2a, 08001 Barcelona, Spain, hereinafter referred to as "Revenue Marketing IO", to its clients (hereinafter referred to as "Client"). Revenue Marketing IO is a business name only and not a separate legal entity. The Client's contractual partner is Sebastian Iskra.

(2) These General Terms and Conditions apply exclusively to entrepreneurs, legal entities under public law, or self-employed economic operators. Contracts with consumers are not concluded.

(3) These General Terms and Conditions shall apply in their currently valid version as a framework agreement also to future contracts with the same client, without Revenue Marketing IO having to refer to them again in each individual case.

(4) Any differing terms and conditions of the client shall not become part of the contract unless Revenue Marketing IO expressly agrees to their validity in writing.

(5) Individual agreements between the parties shall take precedence over these General Terms and Conditions.

(6) The law of the Kingdom of Spain shall apply exclusively.

(7) The place of jurisdiction for all disputes arising out of or in connection with this contractual relationship shall be – to the extent permitted by law – Barcelona, Spain.

§2 Services of Revenue Marketing IO

(1) Revenue Marketing IO provides services in the field of performance marketing, in particular planning, creation, support and optimization of online marketing campaigns (e.g. Google Ads, LinkedIn Ads or similar advertising platforms).

(2) For this purpose, the Client shall commission Revenue Marketing IO to provide certain services under separate agreements („Contract“), in particular:

Campaign strategy
Campaign creation
Campaign optimization
Analysis and Reporting
Consulting on digital marketing measures.

(3) The exact scope of services shall be determined by the respective order confirmation or individual agreement between the parties.

(4) Revenue Marketing IO does not guarantee any specific economic success, in particular no guaranteed number of leads, sales or revenues.

§3 Commissioning

(1) Offers from Revenue Marketing IO are valid for seven days without obligation unless otherwise stated.

(2) A contract shall only come into existence upon written acceptance of the offer by the client or upon order confirmation by Revenue Marketing IO.

(3) Revenue Marketing IO reserves all proprietary and copyright rights to offers, concepts, analyses, presentations and other documents, unless otherwise agreed.

(4) These documents may not be reproduced or made available to third parties without prior written consent.

§4 Execution of Orders

(1) Revenue Marketing IO organizes the performance of the agreed services independently.

(2) Revenue Marketing IO is entitled to use subcontractors or service providers to perform the services.

(3) The client may request changes to the scope of services, provided these are reasonable. Changes may necessitate an adjustment of the remuneration or the schedule.

(4) Advertising budgets for ad platforms (e.g. Google, LinkedIn, Meta) are generally borne by the client and are not part of the remuneration of Revenue Marketing IO unless otherwise agreed.

§5 Dates

(1) Dates for the provision of services will be agreed individually.

(2) Compliance with deadlines requires that the client fulfills his obligations to cooperate in a timely manner.

(3) Delays due to force majeure or other circumstances beyond the control of Revenue Marketing IO shall extend agreed deadlines accordingly.

§6 Obligations of the Client to Cooperate

(1) The contracting authority shall designate a contact person who will be responsible for all questions relating to the performance of the contract.

(2) The Client shall provide all information, data and access necessary for the performance of the contract in a timely manner.

(3) The Client shall ensure that he is authorized to use and distribute all provided content (e.g. images, texts, trademarks, data).

(4) The Client shall indemnify Revenue Marketing IO against all third-party claims arising from the use of such content.

§7 Remuneration

(1) Remuneration shall be made in accordance with the terms and conditions agreed in the respective offer or order confirmation.

(2) Remuneration may in particular be paid as

monthly retainer
project-related lump sum
Remuneration is based on time spent.

(3) Invoices are payable within 14 days of the invoice date without deduction.

(4) All prices are exclusive of applicable statutory value added tax (IVA), if such tax is levied under Spanish tax law.

(5) For services provided to businesses established in another Member State of the European Union, the reverse charge procedure may apply in accordance with Articles 44 and 196 of Directive 2006/112/EC. In this case, the recipient of the service owes the VAT in their country of establishment. The invoice will be issued without VAT and marked accordingly.

(6) In the event of late payment, the legal provisions of Spanish law (Law 3/2004) apply: Default occurs automatically upon expiry of the payment deadline, without the need for a reminder. Revenue Marketing IO is entitled to charge default interest at the statutory rate (European Central Bank interest rate plus eight percentage points) as well as a flat fee of 40 euros for collection costs per invoice. The right to claim further proven collection costs remains reserved.

(7) In the event of late payment, Revenue Marketing IO is entitled, after prior notification, to suspend the provision of services in whole or in part until all outstanding invoices have been paid. Agreed contract terms remain unaffected by such suspension.

§8 Warranty

(1) Revenue Marketing IO will perform the agreed services with the care customary in business transactions.

(2) No guarantee is given for the economic success of marketing measures.

§9 Liability

(1) Revenue Marketing IO shall be liable in cases of intent and gross negligence in accordance with the statutory provisions.

(2) In cases of slight negligence, Revenue Marketing IO shall only be liable for breaches of essential contractual obligations and only to the extent of typically foreseeable damage.

(3) Liability for lost profits, indirect damages or consequential damages is excluded to the extent permitted by law.

§10 Granting of rights by the client

(1) The client grants Revenue Marketing IO the right to use provided content in the context of carrying out the contract.

(2) The client guarantees that this use No third-party rights are violated..

§11 Protection of Intellectual Property

(1) All concepts, analyses, strategies and other work results created by Revenue Marketing IO remain Intellectual property of Revenue Marketing IO, unless otherwise agreed.

(2) The client shall receive a simple, non-transferable right of use on the work results produced within the scope of the contract.

§12 Confidentiality and Data Protection

(1) Both parties undertake to disclose all benefits received in the course of the cooperation confidential information to be treated confidentially.

(2) This obligation shall continue even after the termination of the contractual relationship.

(3) The processing of personal data shall be carried out in accordance with the EU General Data Protection Regulation (GDPR) as well as the relevant Spanish data protection regulations, in particular the Ley Orgánica 3/2018 de Protection of Personal Data and Guarantee of Digital Derechos (LOPDGDD).

AGB German