(1) RPS provides the customer with standardized or customized online-based consulting, coaching, and sales services depending on the booking. Unless expressly agreed otherwise in writing, RPS does not owe the production of a specific result. In particular, RPS is not responsible for whether the customer can achieve higher conversion rates as a result of the collaboration.

(2) If an economic objective in terms of generating net revenue (so-called "ROI") is established, this does not constitute a success to be achieved directly by RPS’s activity in the sense of a work contract according to § 631 ff. BGB, but rather the desired economic success.

(3) If a separate remuneration for achieving a specific success in a consulting, advertising, or sales service by RPS is agreed upon, this will be paid as a success-dependent bonus. However, there is no fundamental entitlement to achieving a specific success.

(4) The customer must fully and promptly perform any cooperation actions required on their part. If the customer fails to cooperate and thus prevents RPS from providing the service, RPS's right to remuneration remains unaffected.

(5) Regarding the services to be provided by RPS to the customer, RPS has the right to determine the performance in accordance with § 315 BGB.

(1) The conclusion of a contract between RPS and the customer may occur verbally (via video chat, phone, etc.) or in writing.

(2) Contracts between RPS and the customer are formed verbally through mutual declarations of intent.

(1) The prices specified and communicated by RPS are binding. The communicated prices are net amounts, to which the applicable statutory value-added tax (VAT) will be added.

(2) Payment for RPS services is due immediately upon invoicing. The remuneration for RPS services is generally payable upon the conclusion of the contract, unless the offer from RPS states otherwise. A SEPA direct debit authorization given to RPS remains valid for further business transactions until revoked.

(3) If SEPA direct debit is agreed upon as the payment method between the parties, the customer must provide RPS with a written SEPA direct debit mandate after the contract is concluded. The customer must use the following template:

Remote Power Sales Global Inc., Po Box 1 J0E1J0 and its authorized agents are authorized to collect recurring payments due from my account: IBAN: ...............(please fill in)

via SEPA direct debit. At the same time, I instruct my bank to honor the SEPA direct debits drawn by Remote Power Sales Global Inc., Po Box 1 J0E1J0 and its authorized agents from my account. I can request a refund of the debited amount within eight weeks, starting from the debit date. The conditions agreed with my bank for SEPA direct debits apply.

First name and surname of account holder  
Street and house number of account holder  
Postal code and city  
Bank (Name and BIC)  
IBAN:  
Place, date  
Signature of account holder  

(4) RPS will issue the customer with a proper invoice that shows the applicable VAT (if applicable, through authorized agents).

(5) If agreed direct debits cannot be drawn from the customer's account and a chargeback occurs, the customer is obliged to transfer the owed amount to RPS within three business days of the chargeback and to cover the costs incurred by the chargeback through the bank.

(6) Offsetting mutual claims is only permissible if the respective other contracting party has acknowledged the offset or it has been legally determined. The same applies to the exercise of a right of retention by either party.

(7) RPS is also entitled to collect outstanding claims through third-party providers (e.g., Paywise).

(1) The contract has the minimum term specified in the main contract. If no minimum term is specified in the main contract, the term is 3 months.

(2) A right to ordinary termination during the term is excluded. Likewise, the right to ordinary termination between the conclusion of the contract and the start of services (beginning of the collaboration) is excluded.

(3) The contract follows the notice period specified in the main contract. If no notice period is specified in the main contract, it is 3 months.

(4) Terminations must be made in writing to be effective.

(5) Pauses during the contract term are excluded unless requested with 30 days' notice. During an approved pause, the payment for the agreed hours at the fixed hourly rate of €13.50 remains in effect.

(1) Deadlines for the provision of services by RPS begin once the invoice amount has been received and the customer has fully provided all necessary data and cooperation required for the services as per the agreement.

(2) If the customer is in default with due payments, RPS reserves the right to withhold services until the outstanding amount has been settled.

(3) If the customer is in default with at least two due installment payments, the entire remaining amount becomes due up to the next ordinary termination date. RPS reserves the right to suspend services and terminate the contract extraordinarily.

(4) Any voluntary termination rights of the customer are excluded.

(1) RPS will perform the agreed services in accordance with the offer and with the necessary care. RPS is entitled to use the assistance of third parties for this purpose.

(2) The customer is aware that, unless otherwise explicitly agreed in writing, RPS is responsible for providing services, not for producing a specific result. Upon the customer's request, RPS will provide information on the services rendered under the contract within a reasonable period.

(3) If RPS is prevented from providing the agreed services due to reasons within the customer's sphere of responsibility, RPS's claim to remuneration remains unaffected.

The customer guarantees that the materials provided to RPS (e.g., photos, contact details) are free from third-party rights or that the necessary permissions required for the purposes of the main contract have been obtained. The customer indemnifies RPS against any claims made by third parties in this regard.

(1) The customer is granted a simple right of use regarding the work and service results provided by RPS. Service results under the underlying contract include all works or parts thereof created by RPS for the customer (e.g., all information, documents, evaluations, videos, photos, know-how acquired in the course of fulfilling the contract, advertisements, drawings, materials, specifications, program drafts, (electronic) files, data collections, custom software including associated documentation, manuals, and IT systems in the form of source codes or any other form). Until work results are completed, the corresponding partial results are considered work results under this contract.

(2) Paragraph 1 applies exclusively under the condition that the customer has paid the full remuneration owed to RPS under the main contract.

(3) If installment payments are agreed upon, the right of use specified in paragraph 1 only transfers to the customer after full payment of the final installment to RPS.

(4) The transfer of work and service results to third parties (including affiliated companies) is excluded. The same applies to any modifications under § 23 of the German Copyright Act (UrhG).

(1) RPS is liable for damages—regardless of the legal basis—in cases of intent and gross negligence. For simple negligence, RPS is only liable

a) for damages resulting from injury to life, body, or health,

b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment is necessary for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, liability is limited to compensation for the foreseeable, typically occurring damage.

(2) Within the limits specified in paragraph 1, RPS is not liable for data and program losses. Liability for data loss is limited to the typical recovery effort that would have been necessary if regular and risk-appropriate backups had been made. Liability under the Product Liability Act remains unaffected, as does liability for the assumption of a guarantee.

(3) The customer acknowledges that third-party providers such as Facebook or Google are entitled, under their policies, to delete or remove individual advertising campaigns from their platforms at any time. RPS is not liable for such actions.

(1) The customer assures that they will comply with the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) when passing on personal data to RPS.

(2) The customer indemnifies RPS from any liability arising from violations of the GDPR and the BDSG in the execution of the main contract, unless RPS is responsible for these violations.

(1) The customer grants RPS the right to use the customer's name and logo as a reference on the website and in marketing materials. This includes, in particular, mentioning the customer as a reference client and displaying the company logo on the RPS website.

(2) The customer has the right to object to this usage at any time. The objection must be made in writing to RPS. Upon receipt of the objection, RPS will promptly remove the customer's name and logo from the website and future marketing materials.

(1) The customer agrees not to directly or indirectly solicit or attempt to solicit any sales representatives (SDRs or Sales Representatives) from Remote Power Sales Global Inc. (RPS) during the term of the contract and for a period of twelve (12) months after the termination of the contractual relationship.

(2) Should the customer breach this obligation, they agree to pay RPS a contractual penalty of EUR 50,000.00. The assertion of further claims for damages remains unaffected by this provision.

(1) RPS reserves the right to change these GTC at any time. Changes will be communicated to the customer in writing at least 30 days before they take effect. The changes are deemed accepted if the customer does not submit a written objection to RPS within the 30-day period.

(2) With each payment of an invoice, the customer confirms the GTC in effect at the time of payment, unless the customer has objected to the changes in accordance with paragraph 1. The current version of the GTC can be viewed on the RPS website.

(3) An objection to changes in the GTC does not result in the previous GTC being rendered ineffective. Instead, the contract between the customer and RPS remains valid under the last accepted GTC, as far as legally permissible.

(1) Deviations from these GTC are only valid if they have been agreed upon in writing. Individual agreements made on a case-by-case basis with the customer (including ancillary agreements, additions, and changes) take precedence over these GTC in all cases. The content of such agreements is governed by a written contract or written confirmation from RPS.

(2) The law of the Province of Nova Scotia, Canada, shall apply. The place of fulfillment is the registered office of RPS. The exclusive commercial jurisdiction is the location of RPS.

GTC Status: 01.08.2024 ©