1. Scope
These General Terms and Conditions (“Terms”) govern the legal relationship between AOM | all organic media (“AOM”) and its clients (“Client”) who make use of AOM’s services.
Unless otherwise agreed in writing, AOM’s services and offers relating to email, SMS, and retention marketing (in particular marketing strategy, campaign creation, automation flows, technical implementation, deliverability consulting, and performance optimization, etc.) are provided on the basis of these Terms. Where quotes or agreements issued by AOM contain additional or superseding written provisions that partially or entirely deviate from these Terms, the individually agreed provisions take precedence over these Terms. Terms deviating from or supplementing these Terms proposed by the Client are only valid if confirmed in writing by AOM.
2. Basis of Cooperation
AOM undertakes to carry out assigned tasks carefully, conscientiously, responsibly, and in compliance with applicable legal provisions.
Every engagement is based on a brief provided by the Client, whose requirements AOM must fulfil. Within the defined scope, AOM has creative freedom in fulfilling the engagement.
The Client shall ensure that all documents, information, and instructions necessary or helpful for fulfilling the engagement are made available to AOM in a timely and complete manner. Should the Client fail to fulfil or violate this duty to cooperate, AOM is entitled to withhold further services.
AOM performs the agreed services under its own responsibility but is entitled to engage freelancers and partners to carry them out. No contractual relationship arises between the Client and such third parties as a result.
AOM safeguards the Client’s interests to the best of its knowledge and belief, and undertakes to treat information and business documentation received from the Client with discretion, and to maintain business confidentiality even after termination of the engagement.
3. Quotation and Acceptance
Unless otherwise agreed in writing, the validity date stated in the quote applies.
Prices and costs stated in a quote are based on the information available at the time the quote was prepared. Should the requirements, scope of the engagement, or third-party prices change, AOM reserves the right to update the quote. The most current quote accordingly applies and replaces any prior version.
The contract between AOM and the Client is concluded upon the Client’s acceptance of the quote. By accepting the quote, the Client agrees to these Terms.
The contract is further concluded when the Client makes use of the services offered by AOM, or purchases or uses the company’s products.