General terms and conditions

TWNTY Digital GmbH
Schillerstraße 4
04109 Leipzig/Germany

+49 (0)341 221 796 00

Managing Director: Kay Theuer
Local court Leipzig // Registration number: HRB 31482
Sales tax identification number: DE29766576016
Responsible for the content: Kay Theuer

1. General

These General Terms and Conditions (GTC) apply to all contracts concluded between TWNTY Digital GmbH on its platform

TWNTY Digital GmbH offers specific link marketing services on the platform. This scope of services is subject to individual agreements between TWNTY Digital GmbH and the customer.

TWNTY Digital GmbH shall be entitled to subcontract the required services in its own name and for its own account, which in turn may also use subcontractors. There shall be no change of contractual partner status in this respect.

The contracting parties undertake to each appoint a contact person who will accompany the respective order and who is authorised to issue legally binding declarations of intent.

TWNTY Digital GmbH does not recognise GTCs that deviate from these terms and conditions and are used by the customer – subject to express consent.

2. Obligations of the customer to cooperate

The customer undertakes to provide TWNTY Digital GmbH with all information required for the performance of the service promptly after conclusion of the contract. TWNTY Digital GmbH shall provide a separate list of requirements for this purpose if required.

The customer guarantees that all documents, files and records provided are free of third-party rights. Furthermore, all websites to be marketed are in his possession or he has the power of attorney to have them marketed on behalf of TWNTY Digital GmbH.

3. Link marketing & SEO services

TWNTY Digital GmbH offers the customer services in the field of search engine optimisation via the platform Within the scope of the provision of services, TWNTY Digital GmbH exclusively owes the implementation of measures which, according to TWNTY Digital GmbH’s own experience, can positively influence the search engine ranking or which are expressly ordered by the customer. This is a service in the sense of §§ 611 ff. BGB. A specific result (e.g. a specific placement in the Google hit list, or outbidding a competitor’s website), on the other hand, is only owed within the scope of these services if this has been expressly assured.

The customer alone is the service provider within the meaning of § 10 TMG. TWNTY Digital GmbH shall only act as an order processor of the customer.

4. Consulting services in the field of online marketing

TWNTY Digital GmbH also offers the client strategic advice in the field of online marketing. The services agreed in detail with the associated rights and obligations result from the contract concluded individually between TWNTY Digital GmbH and the customer.

5. Remuneration

The remuneration for the flat-rate services of TWNTY Digital GmbH can be seen on the platform and are net prices plus the applicable value added tax. Services that are the subject of an individual contractual agreement between the parties are generally based on the offer.

6. Acceptance

Insofar as a work performance has been agreed, TWNTY Digital GmbH may demand that the acceptance takes place in writing; the written acceptance shall only be owed if TWNTY Digital GmbH requests the customer to do so. The acceptance provisions of the German Civil Code shall otherwise remain unaffected. The acceptance period within the meaning of § 640 para. 2 sentence 1 of the German Civil Code (BGB) shall be set at 2 weeks from notification of completion of the work, unless a longer acceptance period is required in individual cases due to special circumstances, which TWNTY Digital GmbH shall notify the customer of separately in this case. If the customer does not make any comments within this period or does not refuse acceptance due to a defect, the work shall be deemed to have been accepted.

7. Warranty for defects

An insignificant defect shall not constitute grounds for claims for defects. The choice of the type of supplementary performance lies with TWNTY Digital GmbH. The limitation period for defects and other claims shall be one (1) year; this reduction of the limitation period shall not apply to claims resulting from intent, gross negligence or injury to life, limb or health by TWNTY Digital GmbH. The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects. In all other respects, the statutory warranty for defects shall remain unaffected.

8. Contract term for continuing obligations

Subject to deviating provisions in and outside these GTC, continuing obligations (e.g. maintenance contracts) have a minimum term of 12 months. The period of notice is 3 months. If the contract is not terminated in due time at the end of the term, it shall be automatically extended by a further 12 months. The right to extraordinary termination for good cause remains unaffected.

9. Confidentiality agreement

TWNTY Digital GmbH shall treat all business transactions of which it becomes aware as strictly confidential. TWNTY Digital GmbH undertakes to impose the duty of confidentiality on all employees and/or third parties (subcontractors, freelancers) who have access to the aforementioned business transactions.

10. Liability / Indemnification

The liability of TWNTY Digital GmbH for all damages shall be limited as follows: In the event of a slightly negligent breach of a material contractual obligation (“cardinal obligation”), TWNTY Digital GmbH’s liability shall in each case be limited to the amount of the damage foreseeable at the time of conclusion of the contract and typical for the contract. Cardinal obligations are obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which a party may regularly rely. This limitation of liability shall not apply in the event of gross negligence or intentional acts or in the event of mandatory statutory liability, in particular in the event of the assumption of a guarantee or in the event of culpable injury to life, limb or health. The above liability provision also applies with regard to the liability of TWNTY Digital GmbH for vicarious agents and legal representatives.

The customer shall indemnify TWNTY Digital GmbH against any claims of third parties which are asserted against TWNTY Digital GmbH due to violations of these GTC or of applicable law by the customer.

11. Final provisions

The contracts concluded between TWNTY Digital GmbH and the customers shall be governed by the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the parties agree that the registered office of TWNTY Digital GmbH shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.

TWNTY Digital GmbH is entitled to amend these GTC for factually justified reasons (e.g. changes in jurisdiction, legal situation, market conditions or business or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by e-mail no later than two weeks before the change comes into force. If the existing client does not object within the period set in the notice of change, its consent to the change shall be deemed to have been given. In the event of an objection, TWNTY Digital GmbH shall be entitled to terminate the contract extraordinarily at the time the change comes into effect. The notification of the intended amendment to these GTC will refer to the deadline and the consequences of the objection or its absence.

Status: Leipzig, 01.11.2022