Termos & condições

General terms and conditions 
 
Preamble
 
Social Media Daily is a service provider who specialises in maintaining the social media pages of businesses and private individuals. Their aim is to boost the popularity of these pages; Social Media Daily focuses on the following platforms: YouTube, Facebook, Instagram, Google Plus, Twitter, Soundcloud, Mixcloud, Vimeo, Vine, and Pinterest. Social Media Daily has no affiliation or any other kind of business relationship with the platforms for which their Social Media Daily advertising services are provided.
 
The services of Social Media Daily can, for example, be used to quickly increase the number of users of social media pages, either as a one-off or a continuous service. Social Media Daily does this either through advertising social media pages or by creating and implementing their conceptual design and layout. In this context, Social Media Daily also provides editorial plans for the social media activities of companies. Social Media Daily provides continuous support for social media pages through content, monitoring, and analyses, which can boost the popularity of social media pages.
 
1. Scope, definitions
 
a) Social Media Daily GmbH, Brunnenstrasse 181, 10119 Berlin, Germany (hereinafter "SMD"). The terms and conditions between SMD and the contractual partner (hereinafter "customer") are subject to the following terms and conditions in the version valid at the time the contract was concluded. Differing conditions of the customer are not recognised unless SMD expressly agrees in writing (or by email).
 
b) Consumers are individuals within the meaning of § 13 BGB (German Civil Code), i.e., natural persons who conclude the respective legal transaction in primarily neither a commercial nor a freelance capacity. In other cases, the customer is an entrepreneur, according to § 14 BGB. If the customer is a businessperson, a legal entity under public law, or a public trust, the judicial district of Berlin is the place of jurisdiction for all disputes arising from contractual relationships between the customer and SMD.
 
2. Services
 
a) Unless otherwise agreed, SMD offers services for the following social media platforms: YouTube, Facebook, Instagram, Google Plus, Twitter, Soundcloud, Mixcloud, Vimeo, Vine, and Pinterest (hereinafter "platform operators").
 
b) SMD's primary services are advertising, as well as creating and implementing conceptual designs and layouts to initiate or improve social media presence. These can be ordered individually or as a package. SMD offers its services as advertising services for businesses and individuals.
 
c) An important purpose of SMD's work is to increase the number of social media users (hereinafter "fans") of the respective social media presence. The services of SMD can be used either to increase the number of fans quickly, as a one-off, or to increase the number of fans continuously over a longer period of time.
 
d) As a rule, proof of delivery can only be determined via the count, which is provided by screen shots. A natural increase in numbers or measures purchased via third parties can explicitly not be taken into account. Similarly, SMD has no influence on comments, reviews, or personal messages that are by-products, not the result of, the service.
 
e) During or after the advertising service, the number of fans may go down. SMD makes up for the above by delivering an additional 1-30% increase in fans in advance. SMD does so in order to be able to ensure that the customer has at least the number of fans on his social media channel that was ordered in the long term, but at least 1 month after the completion of the service. The warranty period of one month begins as soon as the booked number of fans has been provided.
 
f) The fans provided—unless otherwise indicated—are from international profiles. This does not represent a cross-section of the world population, but it can, in extreme cases, involve up to 90% from a single country. Inactive users among the profiles provided cannot be ruled out.
 
g) If the customer makes content (graphics, text, images, videos, links, etc.) available to SMD for the social media presence, this does not entitle the customer to charge SMD a fee.
 
h) SMD is not obligated to hand over editable original data. This is done on customer request and by separate agreement, and it incurs a fee.
 
3. Conditions for the provision of the service
 
a) For the successful performance of the service, the customer has to provide the correct URL and change the settings of his social media channel such that it can be advertised by a third party, in this case SMD. This includes making contributions, invitations, groups, photos, comments, etc. visible to the public and, if necessary, changing the country and age restrictions categories, etc.
 
b) If SMD is provided with a general link or multiple links without further specifications, SMD will distribute the service at its discretion. A daily limit is only offered if this is explicitly mentioned on the respective product page or in the order field. This excludes times of acute delivery problems. The conditions mentioned on the relevant product page apply. Discrepancies can only be taken into account by prior arrangement and, if necessary, prior inspection. 
 
c) If there is a written agreement prior to the purchase, packages can also be purchased in a different form. If this is required, the agreement has to be referred to during the order process. The check-out process includes a comment field for this purpose. If, during the order process, the special wishes are not entered in the comment field, but are sent in a separate email instead, SMD may not be able to take the special wishes into account. 
 
d) The customer has to place an order in good time, especially for the advertising of events. In the case of short-term orders, SMD cannot guarantee their successful execution, or, alternatively, reserves the right to reject the order.
 
e) If a video already contains advertising that has been paid for, SMD recommends its deactivation within the service period. Otherwise, problems may arise with the AdSense account, for which SMD expressly assumes no responsibility.
 
4. Contract conclusion and order process
 
a) The presentation of the products in SMD's online shop does not constitute a legally binding offer, rather it is an invitation to submit an order. The offers are subject to the applicable provisions of the product descriptions in the online shop or in the invoice provided by email. The URLs of the products may differ and are not legally binding. Errors remain reserved.
 
b) The customer can select services from the range of SMD's offers and collect them in a shopping basket by clicking the "place item into the shopping basket and proceed to the checkout" button. By clicking the "confirm purchase now" button, the customer makes a binding request to purchase the goods in the shopping basket. The customer can change and view the data at any time prior to placing the order.
 
c) To correctly execute the order, the customer has to submit his complete data. SMD is legally required to have the customer's address on the invoice. The submitted data are treated in strict confidence.
 
d) Once the customer has placed the order, he will receive an automatic confirmation by email, which contains the customer order and which can be printed out by clicking the "print" button (order confirmation). The automatic confirmation merely documents that the customer's order has been received by SMD and does not constitute acceptance of the order. If account details are transmitted by email for the purposes of payment in advance, this also does not constitute an acceptance on the part of SMD. The contract between the customer and SMD is entered into with the confirmation of receipt of payment. This confirmation as contract acceptance is communicated to the customer by email. The service period specified in the selection box is valid from the start of the service. In almost all cases, the service starts within 24 hours, but in some cases, it may take up to five working days.
 
e) The following restrictions apply to purchase on account: Purchase on account is only available to business customers based in Germany. The company has to have a website with a legal notice whose data matches the data stated in the order. In addition, the customer has to enter his VAT ID number in the corresponding field during the order process. In the event of any residual doubt, SMD reserves the right to refuse delivery on account. If the sales value is above €100 (incl. VAT), we initially only provide a partial service; it will be completed once we have received payment. If the conditions are not met, SMD refuses execution until receipt of payment.
 
f) As a rule, SMD responds to customer inquiries or customer orders within 1 to 5 working days. Customers should always specify their order number in order to avoid delays in the processing of the request. SMD reserves the right not to respond to inquiries made on Facebook. As a rule, communication is sent by email, on both the part of SMD and the employees of Table of Visions GmbH, Brunnenstrasse 181, 10119 Berlin, Germany. Over-the-phone customer support is available from Monday through Friday between 10 a.m. and 5 p.m. The support provided to the customer must be in proportion to the service rendered and should not exceed the latter.
 
5. Assurance from SMD with regard to increasing the number of fans
 
a) SMD's services that deal with increasing the number of fans are an advertising service, not a sale of fans.
 
b) SMD is, of course, not able to guarantee specific fan growth figures. SMD will, however, always seek to meet the customer's targets and is prepared to provide a corresponding assurance:
Reaching a specific number of fans has been agreed upon under the contract. If SMD does not reach this target, the customer receives a discount equal to the percentage of the deviation.
 
c) SMD reserves the right to refuse orders when there is a suspicion that fans were purchased previously from other providers.
 
d) A shorter service period or additional deliveries are not a reason for complaint. However, if the service period is exceeded and the agreed on target has not been achieved, the customer is entitled to partial reimbursement.
 
e) The customer is aware that his wish to stop the service may not be grantable. If 70% or more of the service has already been delivered, it is likely that the remaining percent will be delivered before the service can be stopped.
 
6. Additional services in the case of graphic designs
 
a) As a matter or principle, the number of hours specified by SMD in the cost estimateSMD are considered binding when it comes to creating new graphic designs.
 
b) If the customer is not satisfied with a design, SMD will allocate a maximum of 10% of the number of hours listed in the cost estimate to do further work on the graphic design; this additional service is free of charge.
 
c) If the free additional service has been provided and the customer is still not satisfied, the customer and SMD have the option of terminating the project at this point. Any contractual penalty agreed upon is not payable in this case. If the project is terminated, SMD voluntarily waves the payment for this specific graphic design. All other services already rendered (such as the conception phase) remain unaffected and have to be paid by the customer in accordance with the contract. 
 
d) The additional services for graphic designs listed in this section of the general terms and conditions are only part of the contract if SMD explicitly lists this in the cost estimate as being part of the services. If no mention is made of these additional services in the cost estimate, then the customer is not entitled to them.
 
7. Term of contract, notice of termination
 
a) The customer can place an order for a service package from SMD or agree on continuous support (continuing obligation) of the social media presence to be performed by SMD.
 
b) If the agreement between SMD and the customer is a contract without a fixed term, then both parties to the contract have the option of terminating the contractual period with a notice period of 5 days from the end of the month, by email or letter.
 
c) Unless otherwise explicitly stated, the services offered on www.socialmediadaily.com are one-off services. No subscription or similar is taken out.
 
8. Payment, billing
 
a) The payment and the prices shown include the respective statutory VAT, regardless of whether it is a flat-rate payment or a fee charged by the hour.
 
b) In the case of conceptual and design services, payment is due following acceptance and transfer of ownership of the content to the customer and is payable within one week of the invoice date. In the case of more extensive orders, the parties to the contract may agree on a different payment arrangement that includes money upfront.
 
c) In the case of ongoing contracts, SMD issues the invoices. Invoices are payable within one week, except the first invoice, which is payable in advance.
 
d) SMD reserves the right to request advance payments and/or partial payments once a significant part of the service has been rendered. Advance or partial payments are due for payment within one week.

 
e) In the case of credit card payments in particular, SMD reserves the right to obtain confirmation by email or phone before the start of the service period. As a rule, the request is made within 1 to 5 working days. SMD reserves the right to claim a refund per credit card due to suspicion of fraud.
 
9. Acceptance
 
a) The customer is obliged,where relevant, to accept the service rendered if the service complies with the contractual requirements. The acceptance is to be declared in writing (§ 126b BGB).
 
b) During the completion phase, SMD has the right to present individual components of the service (e.g., graphics) to the customer for partial acceptance. The customer is obligated to accept the component of the service provided that it meets the contractual requirements.
 
c) The basis for the fulfilment of the campaigns and the relevant proof of service are the documents provided by SMD (such as screen shots of the count created by SMD with regard to the desired service). If the count is not directly visible, the proof is provided through the relevant websites and/or analysis tools. It should be noted that likes, comments, etc. that are added during the service period are not necessarily the result of the service provided. Upon completion of the campaigns, in particular, complaints regarding the service cannot be taken into account if the documents provided by SMD indicate that the service has been provided. If the advertising of the page cannot be completed due to force majeure, no refund will be given if part of the service was already provided before the delivery problem occurred.
 
d) If fans have already been provided or the service has been provided in full, this cannot be removed or reversed.
 
e) In the case of infeasible niche services, SMD reserves the right to give a refund or an appropriate partial refund.
 
10. Granting of rights
 
a) As far as the work of SMD enjoys copyright protection, the following regulations apply.
 
b) SMD transfers to the customer an exclusive right, with no restrictions regarding space and time within the legal protection period, to the tangible or intangible use of the respective works. The parties assume that the customer intends to make extensive use of the works within the framework of the agreed upon purpose of use.
 
c) The customer has the right to transfer rights granted under this contract in full or in part to third parties without requiring the approval of SMD.
 
d) The customer is granted the rights of use once the agreed upon remuneration has been paid in full.
 
11. Responsibility for social media presence 
 
a) SMD assumes no liability for the consequences arising from the legal relationships between the customer and his fans, on the one hand, and the customer and the platform operators, on the other hand. SMD also assumes no liability for any consequences arising from the legal relationship between the platform operators and the customer.
 
b) The social media presence created by the customer has to be legally permissible; SMD does not perform a legal assessment or assume liability. SMD does, however, reserve the right to reject advertising certain content. This includes the following:
  • Illegal content
  • Racism, fascism, extreme speciesism
  • All FSK 18 contents
  • Competitions, votes, prize draws
  • Gambling, betting, etc.
  • Pharmaceutical and arms industries
  • Some video games
  • Content that clearly glorifies violence
  • By arrangement: political or religious content
In addition, SMD reserves the right to reject other content.
 
c) SMD does not assume liability for content (logos, photos, text, videos, links, etc.) supplied by the customer. SMD does not perform a legal assessment. If third parties accuse SMD of possible legal violations resulting from the content of the social media presence, the customer agrees to indemnify SMD of any liability and to reimburse SMD the costs that SMD incurs as a result of a possible legal violation.
 
12.1 Liability of SMD, guarantee
 
a) The following exclusions and limitations apply to the liability of SMD for compensation without prejudice to other statutory entitlement requirements.
 
b) SMD has unlimited liability if the damage was caused by intent or gross negligence.
 
c) Furthermore, SMD is liable for the negligent breach of essential obligations in which non-compliance puts the achievement of the purpose of the contract at risk, or for the breach of duties in which compliance enables the proper execution of the contract in the first place and on which compliance is relied. In this case, SMD is only liable for the foreseeable damage that is typical for the contract. SMD is not liable for the negligent breach of duties other than those mentioned in the preceding sentences. 
 
d) The above liability limitations do not apply to injury to life, limb, and health, for a defect after assumption of a guarantee for the quality of the product, or for fraudulently concealed defects. Liability under product liability law remains unaffected.
 
e) In addition, SMD is not liable for deletions, negative consequences on search engine rankings, or other undesirable side effects of the service. This risk is borne by the customer, which he explicitly accepts with the purchase of the service.
 
f) In so far as the liability of SMD is excluded or limited, the same applies to the personal liability of employees, representatives, and agents.
 
g) The warranty is based on the statutory provisions.
 
13.1 Withdrawal instructions
 
Right of withdrawal
 
Customers have the right to withdraw from a contract within fourteen (14) days without giving a reason. The withdrawal period is fourteen (14) days from the conclusion of the contract. At the end of the order process, the customer explicitly agrees to the execution of the contract before the withdrawal period. He takes note that the right of withdrawal expires at the beginning of the execution of the contract.
To withdraw from the contract, the customer must notify SMD (Social Media Daily GmbH, Brunnenstrasse 181, 10119 Berlin, Germany, email: [email protected]) by providing a clear statement (e.g., a posted letter or email) regarding the decision. The customer may use the enclosed withdrawal form, but this is not mandatory.
 
To comply with the withdrawal period, it is sufficient for the notification regarding the customer's exercising of the right of withdrawal to be sent before the deadline.
The consequences of a withdrawal:
 
If the customer withdraws from a contract, SMD will immediately and within no later than fourteen (14) days of the receipt date of the withdrawal notification, refund all payments received. Should additional costs be incurred because the customer chose a type of delivery other than the standard, low-cost delivery offered by SMD, this will not be refunded. For repayment, SMD uses the same method of payment that the customer used in the original transaction, unless another payment method was explicitly agreed upon. Under no circumstances will the customer be charged for this refund.
 
If the customer requested for the service to start before the end of the withdrawal period, an appropriate amount has to be paid. The amount is determined pro rata until such time as the customer has notified SMD of his exercising of the right to withdrawal with regard to this contract. This corresponds to the services already rendered compared with the total volume of the services specified in the contract.
 
13.2 Money-back guarantee
 
Before the start of the service period, the customer can exercise his right of withdrawal. This expires with the start of the service period, which has to be specifically confirmed as part of the order process, or else an order cannot be placed. If there are any delivery problems during the provision of the service, SMD is prepared to grant an appropriate partial refund. In case of dissatisfaction, SMD is always interested in a solution that is satisfactory to all concerned. It should be noted that a cancellation is not possible with every service, especially if the count is displayed with a delay (e.g., in the case of YouTube views).
 
14.1 Confidentiality, data protection
 
a) All information that SMD is provided with as part of the collaboration with the customer is treated as strictly confidential and only passed on to third parties if this is necessary to fulfil the contract and was agreed upon in advance.
 
b) The customer agrees, in return, to treat as strictly confidential all information concerning SMD made available to him during the collaboration, insofar as passing on this information to third parties was not agreed upon in advance. This agreement also applies after the end of the cooperation period.
 
c) If the customer wishes to delete his customer account with SMD, the customer sends an email to [email protected] requesting the deletion of his data. SMD will then immediately initiate the deletion of the customer's data.
 
14.2 Discretion
 
SMD will never use the social media presence of existing customers for advertising purposes. The data of the buyers will be passed on to third parties only if this is absolutely necessary for the provision of the service.
 
15. Final provisions, written form, contract language
 
a) The law of the Federal Republic of Germany, excluding the UN Sales Convention, applies to the contracts entered into between SMD and the customer.
 
b) The language of the contract is German.
 
c) SMD stores the text of the contract and emails the general terms and conditions to the customer. The customer can view and download the general terms and conditions here at any time. The previous orders can be viewed in the customer login area if a customer account was set up.
 
Last updated: September 2015
The customer can view and download the general terms and conditions here at any time.