Contract Terms

§ 1 General Provisions

(1) Unless otherwise agreed in individual arrangements, which take precedence over these contract terms, these contract terms exclusively apply to contracts between Aura Escort (hereinafter referred to as the “Provider”) and its customers. The inclusion of the customer’s contract terms is expressly rejected unless otherwise explicitly agreed to.

(2) Legally relevant declarations and notifications by the customer regarding the contract require written or text form. Further statutory form requirements and additional evidence remain unaffected.

(3) All offers and statements on the Provider’s website constitute a mere invitation to the customer to submit an offer for the conclusion of a contract. By submitting the form to subscribe to an advertisement profile or otherwise providing the information required to create such profile, the customer submits a binding offer to the Provider for the conclusion of a contract. The contract is only concluded once the Provider expressly accepts this offer. The issuance of an invoice or other payment request by the Provider is equivalent to express acceptance. The contract offer is deemed rejected if the Provider does not accept it within seven working days of receipt.

§ 2 Services, Rights, and Obligations of the Provider

(1) The Provider creates a advertisement profile for the customer, through which the customer can promote their services and be contacted by interested parties. The Provider guarantees the technical availability of the advertisement and its functions during the contract term. In the event of disruptions within the Provider’s responsibility, the Provider will promptly work to resolve them. The customer may request an extension of the contract term for the period during which the advertisement was unavailable, regardless of the reason for the disruption. This does not apply if the disruption was insignificant. The significance of a disruption is assessed, in particular, based on its duration and timing.

(2) The agreed contract term begins with the publication of the advertisement. The term begins before publication if the customer is solely responsible for the delay in publication. This is particularly the case if the Provider does not publish the advertisement due to the customer’s payment default or refuses publication under § 3 (6). In such cases, the term begins upon the occurrence of the default or at the time of refusal; otherwise, it begins at the time when publication would reasonably be expected under normal circumstances.

(3) The customer is solely responsible for the content of the advertisement. The Provider creates the advertisement based on the customer’s specifications and wishes. The Provider may independently determine the structure and essential design of the advertisement to ensure it aligns with the overall appearance of the website. The Provider is not obligated to modify the content of the advertisement, except for obvious inaccuracies such as spelling or grammatical errors.

(3a) The Provider may limit the permissible scope of the advertisement, particularly regarding the number of images, links to other online presences of the customer, and the inclusion of alternative contact details. Such a limitation becomes part of the contract between the Provider and the customer if it arises from the Provider’s representations contained elsewhere and linked in the form to subscribe to an advertisement profile as part of the subscribtion selection.

(4) The Provider is entitled to use the customer’s images outside the advertisement on other subpages of the website to link to the customer’s advertisement. The Provider may modify the respective image at its discretion using image editing software to ensure a consistent appearance of the subpage, provided the customer’s personal rights are not violated by such modifications.

(5) Beyond providing the advertisement, the Provider does not undertake additional promotional measures for the customer’s offered services. In particular, the Provider is not obligated to procure interested parties for the customer’s services. The Provider is not involved in any potential communication between the customer and an interested party and has no obligations to facilitate a successful contract conclusion.

(6) The Provider does not guarantee the success of the advertisement beyond its technical availability. In particular, no successful contract conclusion or contact by potential interested parties is guaranteed.

(7) The Provider is not involved in any potential contract conclusion between the customer and an interested party. The content of such a contract is solely determined by the agreement between the customer and the interested party. The Provider has no obligations or rights arising from such a contract.

§ 3 Rights and Obligations of the Customer

(1) The customer is obligated to pay the agreed advertising fee. The fee must be paid in full before the start of the duration of contract. There is no entitlement to the publication of the advertisement until full payment has been received.

(2) The customer is solely responsible for the content of their advertisement. In particular, they must ensure that the content complies with applicable legal provisions and third-party rights.

(3) The Provider may make the publication of the advertisement contingent on changes to its content by the customer to maintain the desired overall impression of the website. This particularly includes profile images and the profile texts. Section 2 and 5 remain unaffected by a request for changes. The Provider may also request such changes after the contract is concluded; the acceptance of the customer’s contract offer does not waive this right. The customer is entitled to a refund of the paid advertising fee or a portion thereof if they definitively reject such a change, provided the change does not simultaneously constitute a correction under section 3. There is no refund entitlement if the change and the associated effort for the customer are insignificant. The provision of suitable profile images generally constitutes an insignificant effort.

(4) The customer is entitled to make changes to their profile during the duration of contract. If the customer expresses requests to such changes to the Provider, the Provider will implement them within five working days, unless reasons necessitate faster implementation. If the customer submits an excessive number of change requests or requests that cause disproportionate effort, the Provider is entitled to reasonable compensation for the resulting effort. The Provider may determine the reasonable compensation at its discretion, but it must not exceed the compensation claim for concluding a new contract.

(5) The Provider is entitled to refuse the publication of the advertisement if it contains illegal content or violates third-party rights. In such cases, the customer has no claim to a refund of the paid advertising fee. However, the customer may correct the content and request publication if the publication with the corrected content is reasonable for the Provider. Publication is particularly unreasonable in cases of serious legal violations or if the Provider reasonably assumes that the customer will violate applicable law in providing the advertised services. The customer has no claim to a refund of the paid advertising fee if publication is unreasonable for the Provider.

(6) The customer warrants that they comply with the legal provisions applicable to their activities. Regarding inquiries from interested parties via the form in the customer’s advertisement, the customer particularly warrants compliance with applicable data protection regulations.

(7) The customer is obligated to maintain confidentiality regarding all information obtained from the Provider during the contractual relationship, particularly potential business and trade secrets as well as the Provider’s business processes and practices. This obligation persists beyond the contract term.

§ 4 Data Protection

(1) The customer agrees that the provided profile information will be published in their advertisement.

(2) The customer warrants that the profile information provided is truthful, that they hold the copyright to all images intended for publication, and that only they are depicted in these images.

(3) The customer agrees that inquiries made via the form in their advertisement will be sent to them by email. This process may be automated using third party services.

(4) The customer warrants that they will treat personal data received via inquiries through their profile confidentially and delete it as soon as storage is no longer necessary. If the Provider is held liable by third parties due to the customer’s violation of regulations regarding data protection, the Provider is entitled to indemnification and compensation from the customer.

§ 5 Liability

(1) The Provider is not liable for the accuracy of the information provided by the customer. If the Provider is legally held liable by third parties due to the profile content, it may demand indemnification and compensation from the respective customer.

(2) The Provider does not guarantee the accuracy of potential contact inquiries made via the customer’s profile. The customer independently decides how to handle such inquiries. They enter into potential contractual relationships independently and are not bound by the Provider’s instructions in this regard. If the Provider is legally held liable by third parties due to the customer’s actions in such a contractual relationship, it may demand indemnification and compensation from the customer.

(3) If the Provider provides advice or recommendations, these are general information. The website content and the Provider’s statements do not replace advice or review by a qualified professional. The Provider is not liable for damages resulting from following the advice or recommendation, except in cases of liability arising from unlawful acts or other statutory provisions.

§ 6 Termination, Extension

(1) The contract ends upon the expiry of the agreed contract term without requiring separate termination. If the customer accepts an extension offer made by the Provider before the contract term expires, the contract term is extended by the agreed period.

(2) The customer is entitled to request the deletion of their advertisement by the Provider at any time and without stating reasons. Upon such a request, the Provider is obligated to permanently delete the profile immediately. The Provider’s obligations end with the deletion request. There is no entitlement to a full or partial refund of the paid advertising fee.

(3) The Provider is entitled to independently delete or deactivate the customer’s advertisement if its continued provision is unreasonable. This is particularly the case if the Provider becomes aware that the customer violates applicable law in providing the advertised services.

(4) An extraordinary termination right exists only to the extent provided by law.

§ 7 Final Provisions

(1) The Provider is entitled to amend these contract terms at any time and without stating reasons for the future. If the Provider amends the contract terms for an ongoing contractual relationship, it will provide the amended terms to the customer in text form. The amended terms take effect upon delivery unless the customer objects in text form within 30 days.

(2) The Provider may engage third parties at its discretion to fulfill its obligations under the contractual relationship with the customer.

(3) The invalidity of a provision in these contract terms does not affect the validity of the remaining provisions. If a provision is invalid, it will be replaced by a provision that most closely achieves the economic purpose of the invalid provision.

(4) These contract terms and the contractual relationship between the Provider and the customer are governed by the law of the Federal Republic of Germany, excluding international uniform law and the Law of the European Union. The legal venue, to the extent permissible, is Itzehoe (Germany).