General Terms and Conditions
GENERAL TERMS AND CONDITIONS
PREAMBLE
Followergpt.de specializes in supporting companies and private individuals with their social media presence. The aim is to increase the popularity of these appearances, with a focus on the common social media platforms. There is expressly no affiliation or other type of business relationship with the social networks.
Followergpt.de generally acts as an intermediary service provider. This makes it possible to offer a wide range of services. With the mediated services of Followergpt.de it is possible, for example, to achieve a one-off, rapid, but also continuous increase in users of the social media sites. As Followergpt.de is only active in an intermediary capacity for these services and third parties are commissioned with the task of user growth, Followergpt.de can never guarantee the target user growth envisaged by the buyer's order. However, this is achieved in almost every case and is usually exceeded. If, contrary to expectations, the target is not achieved in full, Followergpt.de will refund the payment (if necessary, on a pro rata basis). A refund in the amount of the percentage deviation is not permitted if the target has already been reached and a percentage part has only been lost again afterwards.
1. SCOPE OF APPLICATION, DEFINITIONS
a) Followergpt.de. The terms and conditions between Followergpt.de and the customer are governed exclusively by the following general terms and conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless Followergpt.de expressly agrees to their validity in writing (also by e-mail).
b) Consumers are persons within the meaning of § 13 BGB, i.e. natural persons who conclude the respective legal transaction for a purpose that cannot be predominantly attributed to their commercial or independent professional activity. In other cases, customers are entrepreneurs in accordance with § 14 BGB. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from orders placed by the customer with followerpilot.com is the district court of Hamburg.
2. OBJECT OF SERVICE
a) Unless otherwise agreed, Followergpt.de provides services for the social media channels of the companies YouTube, Facebook, Instagram, Twitter, Spotify and TikTok (hereinafter referred to as "platform operators").
b) The object of Followergpt.de's services is, on the one hand, the provision of services for the purpose of user growth for the customer's social media channel. Followergpt.de offers its services to companies and private individuals.
c) Another essential part of the services and goal of the work of Followergpt.de is the increase of social media users of the respective social media presence. In the following, these will only be referred to collectively as "fans", although subscribers, followers, likes, friends, shares, impressions, saves, comments, video views, watch time, views, song views, tweets, retweets, event acceptances and invitations are also meant. The services of Followergpt.de enable a one-off and rapid increase in fans as well as a longer continuous increase in fan numbers.
d) As a rule, proof of delivery can only be provided via the counter reading, which is recorded by screenshots. Natural growth or purchased measures via third parties can expressly not be taken into account. Likewise, Followergpt.de has no influence on comments, reviews or personal messages that occur as a side effect - i.e. not as a result of the service.
e) There may be a drop in the number of fans during and after the placement. Followergpt.de compensates for the above by delivering 10-20% more fans in advance in order to ensure that the customer can find at least the number of new fans they ordered on their social media channel in the long term. In the event of a decline that results in the ordered quantity obviously no longer being available, Followergpt.de will make up for this within the statutory deadlines, unless the product description expressly states that no compensation is required.
f) Unless otherwise stated, the fans referred are international profiles. They do not represent a cross-section of the world's population, but in extreme cases 90% of them may come from a single country. It cannot be ruled out that there may also be inactive users among the referred profiles.
g) If the customer provides Followergpt.de with content (graphics, texts, images, videos, links) for the social media presence, this does not result in any claim for fees on the part of the customer against Followergpt.de.
3. CONDITIONS FOR THE PROVISION OF THE SERVICE
a) For the successful execution of the service, the customer must transmit the correct URL and set up the settings of the social media channel in such a way that users can be referred without any problems. This includes, among other things, the public activation of profiles, posts, invitations, groups, photos, comments and, if necessary, changes to country and age restrictions, categories, etc.
b) If an overlink or several links are sent to Followergpt.de without further information, Followergpt.de will distribute the service at its own discretion. A daily limit is only offered if this is explicitly stated on the respective product page and in the order field. Exceptions to this are times of acute delivery problems. The provisions stated on the respective product page apply. Deviations can only be considered after prior consultation and, if necessary, verification.
c) If an agreement has been made in writing (including by e-mail) prior to the purchase, packages can also be purchased in a different form.
d) Particularly in the case of services for events, the customer must place the order in good time. In the case of orders placed at very short notice, Followergpt.de cannot guarantee their successful processing or reserves the right to refuse the order.
e) If paid advertising has already been placed on a video, Followergpt.de recommends deactivating it within the processing time of the service. Otherwise, this may lead to problems with the AdSense or other advertising account, for which Followergpt.de expressly accepts no responsibility.
4. ORDER PROCESS AND COMPLETION
a) The presentation of products in the Followergpt.de online store does not constitute a legally binding offer, but an invitation to place an order. The provisions of the product descriptions in the online store or on the invoice provided by e-mail apply to the offers. The URLs of the products may differ and are not legally binding. Errors excepted.
b) The customer can select services from the Followergpt.de range and proceed to the checkout via the "Buy now" button and place the item in the shopping cart. In the checkout area, the customer can either click on "Continue shopping" or conclude a binding application to purchase the goods in the shopping cart by paying with one of the suggested payment methods.
c) When placing an order, the customer must provide their full details to ensure correct processing. It goes without saying that the data transmitted will be treated as strictly confidential.
d) After submitting the order, the customer receives an automatic confirmation of receipt by e-mail, which lists the customer's order again and can be printed using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by Followergpt.de and does not constitute acceptance of the application. Any transmission of account details by e-mail for the purpose of payment in advance also does not constitute a declaration of acceptance on the part of Followergpt.de. The customer's order with Followergpt.de only becomes valid upon confirmation of receipt of payment. This confirmation as order acceptance is communicated to the customer by e-mail. In the vast majority of cases, the start is within 24 hours, but can take up to five working days in individual cases.
e) The following restrictions apply to purchase on account: We only offer purchase on account for corporate customers based in Germany. The company must have a website with an imprint whose data is identical to the data provided in the order. In addition, the customer must enter their VAT ID in the corresponding field during the order process. Followergpt.de reserves the right to refuse delivery on account if there are any remaining doubts. Orders with a sales value of over 100.00 € (incl. VAT) will only be started on a pro rata basis and will only be completed after receipt of payment. If the conditions are not met, Followergpt.de will refuse to carry out the order until payment has been received.
f) Followergpt.de responds to customer questions regarding their order within a maximum of three working days, but usually within one working day. For this purpose, the customer should always state the order number in order to avoid any delays in processing the inquiry. Followergpt.de reserves the right not to respond to inquiries via Facebook. Communication usually takes place by e-mail via info@Followergpt.de. The support provided to the customer must be proportionate to the service provided and should not exceed the latter.
5. ACCESSORIZATION OF Followergpt.de IN THE INCREASE OF FAN NUMBERS
a) The services of Followergpt.de, which deal with the increase of fans, are a mediated service and not a sale of fans.
b) It is in the nature of things that Followergpt.de cannot guarantee the customer any specific fan growth figures. However, Followergpt.de will always endeavor to meet the customer's targets and is prepared to give a corresponding assurance:
The achievement of a specific fan count is agreed as the subject of the contract. If Followergpt.de does not achieve this target, the customer will receive a discount in the amount of the percentage deviation. A discount in the amount of the percentage deviation is not permitted if the target has already been reached and a percentage has only been lost again afterwards.
c) A shortfall in the delivery period and an excess delivery are not grounds for a defect. However, if the delivery period is exceeded and the agreed target has not yet been reached, the customer shall be entitled to partial reimbursement.
d) The customer is aware that it may not be possible to fulfill his request to cancel the order. If the delivery has already been started by Followergpt.de.
e) Followergpt.de guarantees the complete delivery of the ordered number of fans (reach). However, a loss of this is unavoidable for natural reasons. For example, Instagram (or another social network) may delete inactive users as a result of an update. When and whether these "deletions" will occur and whether they will affect the number of fans (reach) purchased from Followergpt.de cannot be predicted in any way. Nevertheless, should this matter occur, Followergpt.de cannot provide a replacement, let alone refund the order.
6. TERM, TERMINATION
a) Unless expressly stated otherwise, all services offered on Followergpt.de are always one-off services. No subscription or similar is concluded.
b) If the agreement between Followergpt.de and the customer is a contract without a fixed term, both contracting parties have the option of terminating the contractual relationship by e-mail or letter with a notice period of 5 days to the end of the month.
7. REMUNERATION, INVOICING
a) The remuneration and the prices shown include the respective statutory value added tax. (Valid from 2024, as the small business regulation currently applies and therefore no VAT is charged).
b) Followergpt.de invoices ongoing contracts. Invoices are due for payment within one week. This does not apply to the first invoice, which is due for payment in advance.
c) Followergpt.de reserves the right to demand advance payments and / or partial payments after significant interim services have been achieved. Advance or interim invoices are due for payment within one week.
d) Followergpt.de reserves the right to request confirmation of the order by e-mail or telephone before commencing the service, particularly in the case of credit card payments. The request is usually made within 1-5 working days. Followergpt.de reserves the right not to initiate a refund by credit card due to suspected fraud.
8. ACCEPTANCE
a) Where applicable, the customer is obliged to accept the service provided if it meets the requirements specified in the order. Acceptance must be declared in text form (§ 126b BGB).
b) During the completion phase, Followergpt.de is entitled to submit individual components of the service (e.g. graphics) to the customer for partial acceptance. The customer is obliged to partially accept the service if the relevant components of the service meet the contractual requirements.
c) The basis for the fulfillment of the campaigns and the corresponding proof of performance are the documents from Followergpt.de (e.g. screenshots of the meter reading created by followerpilot.com in relation to the desired service). If the counter reading cannot be viewed directly, proof is provided via corresponding websites / analysis tools. It should be noted that likes, comments, etc. that are added during the implementation period of the service are not necessarily attributable to the latter. Complaints regarding the service provided cannot be considered, particularly after the conclusion of campaigns, if the evidence from Followergpt.de shows that the service was provided. If the service cannot be completed due to force majeure, no refund will be made if the service was already delivered before the delivery problem occurred.
d) Followergpt.de cannot cancel or remove services that have already been provided.
e) Followergpt.de reserves the right to provide a refund or an appropriate partial refund for niche services that cannot be provided.
9. RESPONSIBILITY FOR SOCIAL MEDIA APPEARANCES
a) Followergpt.de accepts no liability for consequences arising from the legal relationships between the customer and the fans on the one hand and between the customer and the platform providers on the other. Furthermore, Followergpt.de accepts no liability for consequences arising from the legal relationship between the platform operators and the customer.
b) The social media presences created by the customer himself must be legally permissible; Followergpt.de does not carry out a legal review or assume liability. However, Followergpt.de reserves the right to refuse to promote certain content. This includes
- Illegal content
- Racism, fascism, extreme speciesism
- All FSK 18 content
- Competitions, voting, prize draws
- Gambling, betting
- Trading/securities trading, cryptocurrencies, etc.
- MLM/network marketing
- Pharmaceutical and defense industry
- Partly video games
- Violent or repulsive content
- Political content
- By arrangement: religious content
Followergpt.de also reserves the right to refuse orders for certain content.
c) Followergpt.de assumes no liability for the content provided by the customer (logos, photos, texts, videos, links). Followergpt.de does not carry out any legal checks. Should third parties assert claims against Followergpt.de due to possible legal violations resulting from the content of the social media presence, the customer undertakes to indemnify Followergpt.de from any liability and to reimburse Followergpt.de for the costs incurred by Followergpt.de due to the possible legal violation.
10. liability of followergpt.de, warranty
a) The following exclusions and limitations of liability apply to Followergpt.de's liability for damages, notwithstanding the other statutory requirements for claims.
b) Followergpt.de shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
c) Furthermore, Followergpt.de is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the order, or for the breach of obligations, the fulfilment of which makes the proper execution of the order possible in the first place and on the observance of which you regularly rely. In this case, however, Followerpilot.com is only liable for the foreseeable damage typical for the order. followerpilot.com is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
d) The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
e) Furthermore, Followergpt.de is not liable for deletions, negative effects on search engine rankings or other undesirable side effects of the service. This risk is to be borne by the customer, who expressly accepts it by purchasing the service.
f) Insofar as the liability of Followergpt.de is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
g) The warranty is governed by the statutory provisions.
11. LEGAL RESPONSIBILITY FOR THE SERVICES OF Followergpt.de, INDEMNIFICATION
a) The customer is solely responsible for using the services of Followergpt.de in accordance with all applicable legal provisions. The customer is responsible for checking whether and in what way he is authorized to use the services of Followergpt.de for his social media presence.
b) The customer is obliged to use the services of Followergpt.de only in compliance with the legal requirements.
c) Followergpt.de is not liable to the customer for the legality of Followergpt.de's services in the context of the customer's social media presence. The legality of the specific use of Followergpt.de's services is the sole responsibility of the customer. In this respect, Followergpt.de has no obligation to check in relation to the customer.
d) The customer shall indemnify Followergpt.de against all third-party claims that may be asserted against Followergpt.de in connection with the provision of Followergpt.de's services for the customer. This also includes the costs of reasonable legal costs.
e) If third parties assert claims against the customer or Followergpt.de in connection with the provision of services by Followergpt.de, Followergpt.de is entitled to immediately cease its services for the customer and terminate the contractual relationship.
12. REVOCATION POLICY
12.1 RIGHT OF WITHDRAWAL
You normally have the right to cancel your order within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of purchase. Important: As this is an electronic service that begins within a short time after receipt of payment and cannot be canceled, the following applies: At the end of the order process, the customer expressly agrees to the execution of the order before the withdrawal period expires. The customer acknowledges that the right of withdrawal expires at the beginning of the execution of the order.
To exercise your right of withdrawal, you must contact us (Followergpt.de, info@Followergpt.de) by e-mail with a clear statement of your decision to cancel your order. You can use the attached sample withdrawal form for this purpose; however, this is not mandatory.
To comply with the revocation period, it is sufficient if you send us the declaration before the expiry of the revocation period and before the order is executed.
12.2 CONSEQUENCES OF WITHDRAWAL
If you cancel your order, we must refund the payment you have made, including the delivery costs, immediately and at the latest within fourteen days of receipt of your cancellation. For the refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment.
If the service has already begun at your request during the revocation period and has been carried out in whole or in part, we will retain a reasonable amount corresponding to the proportion of the service provided up to the receipt of your revocation compared to the total scope of the service provided for in the order.
12.3. SECTION ON DISPUTE RESOLUTION
EU arbitration platform for online stores - online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr/ .
12.4 MONEY-BACK GUARANTEE
The customer can exercise their right of withdrawal before the service begins. This expires after the start of performance - this must be confirmed separately in the order process, otherwise an order is not possible. However, if there are delivery problems during the placement, Followergpt.de is prepared to make an appropriate partial refund. Even in the event of dissatisfaction, Followergpt.de is always interested in finding a satisfactory solution for all parties involved. It should be noted that termination is not possible for every service, especially if the count is displayed with a delay (e.g. YouTube video views, Instagram profile views, etc.).
13. CONFIDENTIALITY, DATA PROTECTION
13.1 HANDLING OF DATA
a) All information that Followergpt.de receives as part of the collaboration with the customer shall be treated as strictly confidential and shall only be passed on to third parties if this is necessary for the fulfillment of the order and has been agreed in advance.
b) In return, the customer undertakes to treat all information concerning Followergpt.de that becomes accessible to him during the collaboration as strictly confidential - unless disclosure to third parties has been agreed in advance. This agreement shall also apply beyond the duration of the cooperation.
c) If the customer wishes to delete his customer account with Followergpt.de, he should send an e-mail requesting the deletion of his data to info@Followergpt.de and initiates the deletion of the customer data immediately.
13.2 DISCRETION
Followergpt.de will never advertise with the social media appearances of existing customers. Also, the data of buyers will only be passed on to third parties if absolutely necessary for the provision of services.
14. FINAL PROVISIONS, WRITTEN FORM, CONTRACT LANGUAGE
a) Orders placed by the customer with Followergpt.de are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
b) The language of the order is German.
c) Followergpt.de saves the order text and sends the customer the order data and the GTC by e-mail. The customer can also view the GTC here at any time.