Terms and conditions

1. Scope and contracting party

These terms apply to individually agreed services provided by Positive Group Deutschland GmbH, Ingeborg-Krummer-Schroth-Straße 18a, 79106 Freiburg im Breisgau, Germany, initiated through hamburgische-treuhand.de. They are intended exclusively for businesses acting in their commercial or independent professional capacity within the meaning of section 14 of the German Civil Code, public-law legal entities and public-law special funds.

Individual agreements, the specific offer and mandatory law take precedence. These terms become part of a contract when the parties agree to incorporate them; the customer must have an opportunity to review them before contracting.

2. Offers and formation of contracts

The website describes services and does not constitute a binding offer. An enquiry is non-binding. A contract is formed through matching declarations concerning the scope of services and remuneration. Text form should be used to document the agreement.

Changes or extensions to a project, including their effect on timing and fees, are agreed before implementation. This website does not provide a checkout, online contract conclusion or payment function.

3. Content and limits of services

Possible services include administrative project coordination and documentation, together with planning and support for B2B marketing and email marketing projects. Only the agreed engagement determines the services owed.

No particular business results, revenue, open rates, delivery rates or regulatory approvals are guaranteed. These terms do not offer regulated financial, payment, custody, legal or tax services. Where specialist services are needed, they require a separate lawful arrangement with appropriately authorised providers.

4. Cooperation and approvals

The customer names a contact person and provides the information, documents and approvals needed for the agreed work within a reasonable time. The customer informs the provider about special requirements and existing third-party rights.

The parties agree review and approval stages. If missing cooperation causes a delay, the timetable is adjusted to reflect its actual effect. Additional chargeable work requires a separate agreement.

5. Special rules for B2B email marketing

Electronic advertising generally requires the recipient’s prior express consent. The existing-customer exception may be used only if every condition of section 7(3) of the German Act Against Unfair Competition is satisfied. Data protection requirements must also be met separately.

The customer provides traceable evidence of the origin of supplied recipient data and the permission to contact recipients. Purchasing addresses, collecting them from websites or merely assuming interest is not a sufficient basis. Contacts who have complained or opted out must not be used again for the advertising they have rejected.

Sending takes place only where expressly agreed, the contact permissions have been established and the agreed content has been approved. Where there are justified doubts about lawfulness, the affected activity may be put on hold pending clarification. The Anti-Spam Policy also applies.

6. Fees and payment

Fees, agreed expenses, service periods and payment deadlines are set out in the individual offer. VAT is stated separately where legally applicable. Merely visiting this website or sending an enquiry does not create a charge.

Additional services and third-party costs require prior agreement. Statutory rules on due dates and late payment remain unaffected.

7. Confidentiality and data protection

Both parties keep non-public project information confidential and use it only for the agreed cooperation, unless disclosure is required by law. Statutory retention and evidence obligations remain unaffected.

If personal data is processed on behalf of a customer, the parties enter into the required agreement under Article 28 GDPR before that processing begins. Purposes, roles, service providers, deletion rules and technical safeguards are determined for the particular project. This website’s privacy notice does not replace that agreement.

8. Rights of use

The customer confirms that it may use the materials it supplies for the agreed purposes. The nature and extent of rights in newly created content are specified in the engagement. Copyright retained by law remains unaffected.

Publishing names, project results or materials as a reference requires separate consent.

9. Service issues and liability

In the event of defects or other service issues, statutory rights apply according to the type of contract agreed. The parties should describe issues promptly and allow a reasonable opportunity for clarification.

Liability is governed by statutory law. These terms contain no blanket limitation for intent, gross negligence, injury to life, body or health, or other mandatory grounds of liability.

10. Term, termination and final provisions

The engagement sets out its duration, agreed dates and ordinary termination arrangements. Statutory termination rights, particularly for good cause, remain unaffected. This website does not provide for automatic renewal.

German law applies subject to mandatory statutory provisions. These terms do not establish a special jurisdiction agreement. If a provision is invalid, statutory rules take its place.