General Terms and Conditions (AGB) of Arc. (A Business Unit of Vasilii Gurev - Step V Studio)
§ 1 Scope of Application
(1) These General Terms and Conditions (“GTC”) apply to all contracts concluded by Arc. (hereinafter referred to as “Arc.” or “we”) with its customers.
(2) These GTC apply exclusively to entrepreneurs, legal entities under public law, or special funds under public law. Contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) are not concluded.
(3) Deviating, conflicting, or supplementary terms and conditions of the customer shall only become part of the contract if Arc. has expressly agreed to their validity.
§ 2 Services of Arc. / Client Cooperation
(1) Arc. provides services in the areas of performance marketing, CRM integration, creative asset production, website creation, branding, 3D visualizations, and other agreed-upon services. Arc. does not owe any guaranteed economic success (e.g., ROI), but is obligated to deliver the agreed services.
(2) Arc. guarantees that the client will receive at least one qualified real estate offer within three months of the contract start date. If this goal is not achieved, Arc. undertakes to continue providing its services free of charge until twenty such leads have been delivered. The obligation to continue providing services applies exclusively to Arc.’s work performance; the agreed advertising budget must still be provided by the client on a monthly basis.
(3) A qualified real estate offer is defined as a concrete and realistic opportunity to acquire or market a property that meets the criteria previously agreed upon by both parties.
(4) The client is required to fully and promptly fulfill their cooperation obligations, in particular by providing the necessary information and content. If the client fails to cooperate, Arc.’s entitlement to remuneration remains unaffected.
(5) Arc. reserves the right to determine the manner of service delivery at its reasonable discretion in accordance with Section 315 of the German Civil Code (BGB).
§ 3 Conclusion of Contracts
(1) Contracts between Arc. and the client can be concluded in writing, by email, or verbally (via video chat, telephone).
(2) Contracts concluded verbally are binding through mutual declarations of intent.
§ 4 Payments, Prices, Terms
(1) All prices are quoted net, plus statutory value-added tax.
(2) The remuneration is generally due upon conclusion of the contract, unless otherwise agreed in writing.
(3) The client undertakes to provide, in addition to the remuneration, the agreed monthly advertising budget, which is invested directly in the placement of advertisements (e.g., Meta Ads). This budget is to be provided independently of the remuneration for Arc.’s services.
(4) Installment Payment:
If an installment payment has been agreed, the remuneration will be distributed in individually determined installments over the term of the contract.
(5) Invoices issued by Arc. are payable immediately upon receipt.
(6) The client acknowledges that the guarantee for qualified real estate offers only applies if the agreed advertising budget is made available in full and on time each month. If the advertising budget is not provided in the agreed amount and at the agreed time, the guarantee for qualified real estate offers lapses.
§ 5 Termination, Contract Duration
(1) The minimum term of a contract is three months, unless otherwise agreed in writing.
(2) Ordinary termination during the minimum term is excluded. All notices of termination must be made in writing.
(3) Withdrawal from the contract is excluded, as all agreements are exclusively contracts between businesses (B2B). The statutory right of withdrawal for consumers does not apply.
§ 6 Guarantee
(1) Arc. guarantees that the client will receive at least one qualified real estate offer within three months of the start of the performance campaign.
(2) If this goal is not achieved, Arc. undertakes to continue providing the agreed services free of charge until this result is delivered.
(3) This guarantee only applies if the client fulfills all cooperation obligations and provides the agreed monthly advertising budget in full.
§ 7 Default / Withdrawal
(1) Deadlines for the provision of services shall not commence until all necessary acts of cooperation by the client have been performed and the agreed payments have been made.
(2) In the event of payment default by the client, Arc. is entitled to suspend the provision of services until the outstanding amount has been settled.
(3) If the client falls into arrears with at least two due installment payments, the entire remaining remuneration becomes immediately due. In this case, Arc. is entitled to suspend the provision of services and to terminate the contract without notice.
(4) A payment default occurs if the client fails to make a due payment within 7 calendar days of the respective due date.
§ 8 Usage Rights
(1) The client receives a simple usage right to the work and service results created and provided by Arc. This right is transferred only after full payment of the agreed remuneration.
(2) The transfer or modification of the results by the client is only permitted with Arc.’s written consent.
§ 9 Liability
(1) Arc. is liable for damages only in cases of intent or gross negligence. In cases of simple negligence, Arc. is only liable for breaches of essential contractual obligations, but limited to foreseeable, typical damages.
(2) Arc. is not liable for decisions made by third parties (e.g., Meta, Google) that result in the deletion or restriction of advertising campaigns.
§ 10 Data Protection
(1) The client assures compliance with the provisions of the GDPR when transferring personal data to Arc.
(2) Arc. processes the client’s data exclusively within the scope of the contract and in accordance with applicable data protection regulations.
§ 11 Final Provisions
(1) Amendments and additions to these General Terms and Conditions must be made in writing.
(2) The law of the Federal Republic of Germany shall apply. The place of performance and jurisdiction is the registered office of Vasilii Gurev – Arc., Germany.