Terms & Conditions

General Terms and Conditions of Elevating Funnels LLC

General Terms and Conditions of Elevating Funnels LLC, General Kolev Boulevard 104, Apt. 33, 5th Floor, 9000 Varna, applicable to entrepreneurs and merchants.

§ 1 Scope

The following General Terms and Conditions (GTC) apply to all contracts concluded by Elevating Funnels LLC with its customers, provided the customer is an entrepreneur, a merchant, a legal entity under public law, or a special fund under public law (hereinafter referred to as "customer" or "client").

These GTC apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the customer will only become part of the contract if Elevating Funnels LLC has expressly agreed to their validity. This requirement of consent applies in any case, for example, even if Elevating Funnels LLC, being aware of the customer's GTC, begins to provide services without reservation.

§ 2 Services of Elevating Funnels LLC / Customer Cooperation

Elevating Funnels LLC provides comprehensive services and consulting in the field of B2B e-commerce and email marketing. This includes the conceptualization, consulting, design, and implementation of email campaigns and performance marketing measures, the specific content of which is agreed upon in individual orders. Unless explicitly agreed otherwise in writing, Elevating Funnels LLC does not owe the customer the provision of a specific work or concrete success.

The customer must fully and promptly perform the cooperation actions required of them upon the first request of Elevating Funnels LLC. If the customer fails to perform a cooperation action and thereby prevents Elevating Funnels LLC from providing the service, Elevating Funnels LLC's claim to remuneration remains unaffected.

With regard to the services to be provided by Elevating Funnels LLC to the customer, Elevating Funnels LLC has the right to determine the performance according to § 315 BGB.

Elevating Funnels LLC is entitled to have the services owed to the customer also performed by vicarious agents / subcontractors and third parties.

If the contracting party instructs Elevating Funnels LLC to pause any campaigns in the meantime, or if a campaign pause is necessary without fault on the part of Elevating Funnels LLC, this does not affect Elevating Funnels LLC's claim to remuneration.

The customer is solely responsible for the legal compliance of any advertisements, landing pages, etc. It is recommended that the customer has these checked in advance by legal counsel.

The customer shall bear the necessary accommodation and travel expenses of Elevating Funnels LLC incurred in connection with the fulfillment of the contract. These include accommodation costs in hotel categories up to and including 5 stars, car journeys (€0.30 per kilometer), business class flight tickets, first-class train journeys, and other travel costs for the use of public transport, taxis, and parking fees.

The customer guarantees in email marketing that, even before cooperation with Elevating Funnels, personal data was processed in compliance with data protection regulations and legal requirements. If this is not the case, the customer must inform the client in advance. If Elevating Funnels LLC is not informed, it assumes no liability in the area of data protection for the processing of the provided data.

The customer agrees to work with an American software provider in the field of email marketing, such as Klaviyo.

§ 3 Conclusion of Contracts

The contract between Elevating Funnels LLC and the customer can be concluded verbally, in writing, or in text form, and also by means of a commercial confirmation letter (KBS).

§ 4 Acceptance of Performances Requiring Acceptance

The services of Elevating Funnels LLC generally fall under service contract law. If an agreed service, by exception, predominantly falls under the law on contracts for work and services and thus requires acceptance, only the following paragraphs 2-10 apply to these services.

Elevating Funnels LLC may request acceptance of the partial performance from the customer upon completion of each partial performance and, after performing all adjustment services, an overall acceptance of all services.

Acceptance of the services requires a functional test by the customer. The functional test is successfully conducted if the adjustment services meet the agreed requirements.

If the functional test is successfully conducted, acceptance must be declared immediately. Elevating Funnels LLC may request the customer to accept the partial or total performance within a one-week deadline. It is deemed accepted if the customer does not declare in writing to Elevating Funnels LLC which defects still need to be rectified by the deadline. Any defects are to be recorded by the customer in a defect protocol and submitted to Elevating Funnels LLC. The risk of transmission lies with the customer.

If significant defects are found during the functional test, Elevating Funnels LLC is obliged and entitled to further process and eliminate them.

Elevating Funnels LLC is entitled to rectify significant defects within a reasonable period set by the customer, twice. The time expenditure incurred in this respect is to be remunerated separately by the customer. Minor defects in the (partial) performance do not preclude acceptance.

If it is disputed between the parties whether a significant or minor defect exists, an expert appointed by a chamber of industry and commerce is to be consulted before initiating legal proceedings. The customer is obliged to advance the remuneration of the consulted expert. If the consulted expert determines a significant defect in the work, Elevating Funnels LLC will reimburse the customer for the incurred expenses.

The (partial) performance of Elevating Funnels LLC requiring acceptance is also deemed accepted if the customer does not respond in writing to Elevating Funnels LLC's request for acceptance of the respective (partial) performance within 7 working days.

Further claims by the customer, especially for reimbursement of necessary expenses for defect removal, damages, and compensation for wasted expenses, do not exist.

If the defects leading to the extraordinary termination of the contract do not constitute significant defects in the aforementioned sense, the customer has no claim to the refund of parts of the remuneration.

§ 5 Payments, Prices, Conditions

The prices indicated and communicated by Elevating Funnels LLC are binding. The communicated prices are net prices plus statutory VAT.

The remuneration owed by the customer to Elevating Funnels LLC is, unless otherwise agreed, due immediately in full and in advance. A SEPA direct debit mandate granted to Elevating Funnels LLC applies until revoked, including for further business connections.

If SEPA direct debit collection is agreed, the customer must provide Elevating Funnels LLC with a written SEPA direct debit mandate after the contract is concluded. Elevating Funnels LLC will provide such a mandate upon request.

Elevating Funnels LLC issues the customer a proper invoice showing the VAT (possibly through vicarious agents).

If agreed direct debits cannot be collected from the customer's account and a chargeback occurs, the customer is obliged to transfer the owed amount to Elevating Funnels LLC within three working days of the chargeback and cover the costs incurred by the chargeback.

Offsetting with counterclaims is mutually permissible only if the other contracting party has acknowledged the offset or it is legally established. The same applies to the exercise of a right of retention by a contracting party.

§ 6 Termination, Duration

The contract has the minimum term individually agreed between the parties. Early termination is excluded.

Any free termination rights of the customer are excluded.

Terminations require written form via email to be effective.

The right to extraordinary termination for good cause remains unaffected.

§ 7 Delay / Extraordinary Termination

Deadlines for the performance of services by Elevating Funnels LLC do not begin until the invoice amount has been received by Elevating Funnels LLC and the necessary data for the services is fully available to Elevating Funnels LLC, or the necessary cooperation actions have been completely performed.

If the customer is in default with due payments, Elevating Funnels LLC reserves the right not to perform further services until the outstanding amount is settled.

If the customer is in default with at least two due payments in the case of installment payments, Elevating Funnels LLC is entitled to terminate the contract extraordinarily and cease services. Elevating Funnels LLC will claim the entire remuneration due up to the next ordinary termination date as damages.

§ 8 Fulfillment

Elevating Funnels LLC will perform the agreed services according to the offer with the required care. Elevating Funnels LLC is entitled to use the help of third parties without restriction.

If Elevating Funnels LLC is hindered from providing the agreed services and the reasons for the hindrance are in the customer's sphere, Elevating Funnels LLC's claim to remuneration remains unaffected.

§ 9 Conduct and Consideration

The customer must ensure the usual conduct of an honest merchant towards us. We reserve the right to pursue any unlawful and/or inappropriate or unfounded statements about our company and services, whether made by customers, competitors, or other third parties, particularly false factual claims and defamatory criticism, civilly and, if necessary, without prior notice, criminally.

The customer is obliged to ensure the undisturbed continuation of our programs and events when participating in them and to comply immediately with our instructions. In the case of repeated violations of a given instruction, we are entitled to exclude the customer from participation temporarily or permanently. Our claim to remuneration remains unaffected in these cases.

Within so-called group calls, Elevating Funnels LLC exercises virtual domiciliary rights. The customer must comply with our instructions. There is no entitlement to the answering of specific questions or a certain number of questions by the customer. However, Elevating Funnels LLC will consider the concerns of its customers to the best of its ability.

Upon the first request of the contracting partner, the customer and Elevating Funnels LLC shall remove ratings and comments about each other on social media. This obligation continues for a period of 36 months after the contract.

§ 10 Third Party Rights

The customer guarantees that the work materials provided to Elevating Funnels