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Terms and Conditions for Agency Services

Clear rules for working together: what we deliver, what we need, and what we deliberately do not promise.

This is a translation. The German version is legally binding.

§ 1 Scope

  1. These General Terms and Conditions (T&C) apply to all contracts for agency services between Aervista LLC, operating under the brand FYN Media, 30 N Gould St, Sheridan, WY 82801, USA (hereinafter “Agency”), and its clients (hereinafter “Client”).
  2. The offer is aimed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law (B2B). No contracts are concluded with consumers.
  3. Deviating, conflicting or supplementary terms of the Client only become part of the contract if the Agency expressly agrees to them in writing.
  4. Individual agreements in the quote or individual contract take precedence over these T&C.

§ 2 Conclusion of contract

  1. Presentations on the website, prices and packages are non-binding and do not constitute an offer in the legal sense.
  2. Following a free initial consultation, the Agency prepares an individual quote in text form. The contract is concluded when the Client accepts the quote in text form (e.g. by email or digital signature).
  3. The quote describes the scope of services, fees, term and, where applicable, the goals or key performance indicators (KPIs) that guide the collaboration.

§ 3 Services

  1. The Agency provides online marketing services, in particular in the following areas:
    • search engine optimisation (SEO) and optimisation for AI search systems (GEO)
    • Google Ads (search engine advertising)
    • social ads (e.g. Meta, LinkedIn, TikTok)
    • social media management
    • content creation (copy, graphics, video)
    • web design and landing pages
    • email marketing
    • tracking and analytics (e.g. GA4, conversion tracking, consent setup)
  2. The specific scope of services is set out in the respective quote. Services are generally provided as services (Sections 611 et seq. BGB) unless a specific result (e.g. building a website) is expressly agreed.
  3. The Agency may engage qualified subcontractors and freelancers to perform the services. It remains responsible to the Client.
  4. Additional services outside the agreed scope are invoiced separately after prior agreement, based on an individual quote.

§ 4 No guarantee of success or rankings

  1. The Agency works according to recognised professional standards and to the best of its knowledge. However, the results of marketing activities depend on factors beyond the Agency’s control – such as algorithms and policies of search engines and advertising platforms, competition, market conditions, and the Client’s offering and prices.
  2. The Agency therefore does not owe any specific economic success, in particular no specific rankings (no “number-one guarantee”), reach, click numbers, enquiries, revenue or cost per lead.
  3. Forecasts, benchmarks and example figures (e.g. from case studies) are for guidance only and do not constitute a warranty.

§ 5 Client’s obligations to cooperate

  1. The Client provides all information, content, approvals and access required to perform the services in a timely, complete manner and free of charge.
  2. The Client names a contact person who can make decisions or obtain them at short notice.
  3. The Client ensures that content it supplies (copy, images, logos, data) is free of third-party rights and does not violate applicable law. It indemnifies the Agency against third-party claims in this respect.
  4. The Client is responsible for the legal admissibility of its advertising claims, offers and website (e.g. imprint, privacy policy, cookie banner) unless these are expressly part of the assignment. The Agency does not provide legal advice.
  5. Delays due to missing or late cooperation extend agreed deadlines accordingly; the Agency’s right to remuneration remains unaffected.

§ 6 Fees and advertising budget

  1. The Agency receives the agency fee agreed in the quote (e.g. monthly retainer, project price or setup fee). All prices are net plus statutory VAT, where applicable.
  2. The advertising budget (media budget) for Google, Meta, LinkedIn and other platforms is not part of the agency fee. It is paid by the Client directly to the respective platform, usually via a payment method stored in the Client’s ad account.
  3. Invoices are payable without deduction within 14 days of the invoice date. Ongoing services (e.g. monthly retainers) are invoiced monthly in advance at the start of each month.
  4. Invoices are issued by Aervista LLC. Payment is made by bank transfer; other payment methods are possible by arrangement. The invoicing currency is the euro (EUR) unless otherwise agreed in the quote.
  5. If the Client is in default of payment, the Agency is entitled, after a prior reminder, to suspend services until payment is made.

§ 7 Term and termination

  1. The term of ongoing retainer contracts is agreed as set out in the individual quote.
  2. Notice periods and any renewal are likewise agreed as set out in the individual quote.
  3. Project contracts (e.g. website creation, one-off setup) end upon completion and acceptance of the project.
  4. The right to extraordinary termination for good cause remains unaffected.
  5. Notices of termination must be given in text form.

§ 8 Access and ad accounts

  1. Ad accounts (e.g. Google Ads, Meta Business Manager, LinkedIn Campaign Manager), analytics properties, tag manager containers, social media profiles and domains are created in the Client’s name or remain the Client’s property. The Agency only receives user or admin rights.
  2. After the contract ends, the Client revokes the Agency’s access or the Agency hands it back; all accounts, data and campaign structures remain with the Client.
  3. Both parties must treat access credentials confidentially and use them only to perform the contract.

§ 9 Rights of use in work results

  1. After full payment of the respective fee, the Client receives a non-exclusive right, unlimited in time and territory, to use the work results created for it in accordance with the contract (e.g. copy, graphics, ad copy, designs, website code) for the contractually intended purposes.
  2. Until full payment, use is permitted only on a revocable basis.
  3. Rights to pre-existing materials, templates, tools, know-how and open-source components of the Agency or third parties remain with the respective rights holder; licensed third-party content (e.g. stock photos, fonts) is subject to its licence terms.
  4. Drafts and variants not selected remain with the Agency unless otherwise agreed.
  5. Ad accounts, access and the data they contain belong to the Client (see § 8).

§ 10 References

The Agency may name the Client, its logo and the results of the collaboration as a reference (e.g. on the website, in case studies or presentations) only with the Client’s prior written consent. Consent can be withdrawn for the future.

§ 11 Confidentiality

  1. Both parties undertake to keep confidential all confidential information obtained in the course of the collaboration (in particular business figures, customer data, strategies, access credentials) and to use it only to perform the contract.
  2. This obligation also applies to employees and subcontractors engaged and continues after the end of the contract.
  3. Information that is publicly known or must be disclosed due to legal obligations is excluded.

§ 12 Data processing agreement (DPA)

  1. Where the Agency obtains access, in the course of providing its services, to personal data for which the Client is the controller – in particular in ad accounts, analytics tools, CRM systems and newsletter/email tools – it processes such data exclusively on behalf of and according to the instructions of the Client.
  2. Where the Agency processes personal data on behalf of the Client, it concludes a data processing agreement (Art. 28 GDPR) with the Client; the Agency provides a template on request. The DPA governs in particular the subject matter, duration, nature and purpose of processing, categories of data subjects and data, technical and organisational measures, and sub-processors used.
  3. The Client remains the controller within the meaning of the GDPR, in particular for the lawfulness of data collection (e.g. consent for tracking and newsletters).

§ 13 Liability

  1. The Agency has unlimited liability for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
  2. In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract, but no more than the amount of the fees paid by the Client in the 12 months preceding the event giving rise to the damage. Liability for intent and gross negligence and for damage resulting from injury to life, body or health remains unaffected.
  3. Otherwise, liability for slight negligence is excluded.
  4. The Agency is not liable for suspensions, rejections or changes by platform operators (e.g. Google, Meta, LinkedIn), outages of third-party services, or damage arising from content supplied by the Client.
  5. The Agency is not liable for the admissibility under competition, trademark or other law of advertising measures approved by the Client; legal review is the Client’s responsibility.

§ 14 Final provisions

  1. The laws of the State of Wyoming, USA, apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which the Client has its habitual residence remain unaffected.
  2. If the Client is a merchant or business, the place of jurisdiction for all disputes arising from this contract is Sheridan County, Wyoming, USA, to the extent permitted by law.
  3. Amendments and additions must be made in text form.
  4. Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.

Questions about these T&C? Get in touch · Data protection information: Privacy policy

Last updated: October 28, 2026

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