General Terms and Conditions of SEO Galaxy GmbH,
hereinafter referred to as SEO Galaxy GmbH.
§ 1 Scope of these terms and conditions, orientation of the range of services
These terms and conditions apply exclusively to all future contracts between SEO Galaxy and the interested party regarding the online placement of text contributions on third-party websites.
These terms and conditions also apply to
– the creation of an online user account (“registration”) with SEO Galaxy,
– access to the SEO Galaxy platform and its use and / or
– the preceding contract initiation communication and the contract negotiations between SEO Galaxy and the interested party. The interested party can be a potential end user or a third party who wants to check the SEO Galaxy services for a third party and then, if necessary, book them for a third party (on behalf of or in their own name), e.g. as an agency / service provider for the agency client. “End users” are entrepreneurs and legal entities who order the services of SEO Galaxy to improve the search engine ranking of their own websites. End users are hereinafter also referred to as “customers”.
The services offered by SEO Galaxy are aimed exclusively at entrepreneurs and legal entities.
We do not recognize any terms and conditions of the customer and/or interested party that contradict or deviate from our terms and conditions.
§ 2 Online customer account, customer data, confidentiality of login data, obligations of the customer
The conclusion of contracts for the online placement of text contributions is only possible if the interested party concludes a confidentiality agreement with us, as the interested party is given access to SEO Galaxy’s business secrets as part of the contract initiation process.
As a rule, online placements in electronic business transactions are booked via a website operated by SEO Galaxy (“platform”/”SEO GALAXY portal”). In order to use this, the interested party requires an online customer account. Alternatively, the customer can also request and book certain services via individual email communication. These GTC also apply to this individual communication.
The data requested by SEO Galaxy to create the customer account (also referred to as “registration”) must be provided truthfully. The same applies to subsequent additions and updates to the data.
Any subsequent changes to the customer data must be communicated to SEO Galaxy or amended in the online customer account (hereinafter referred to as “customer account”). The same applies if the interested party loses its status as an entrepreneur or legal entity. If the changed data forms the basis of a contract that is about to be concluded, is in the process of being concluded or has already been concluded, the new data must be communicated immediately.
The interested party is obliged to keep the login details of the customer account/user account secret and not to allow unauthorized persons to use them. Should the access data become accessible to an unauthorized person, the interested party must inform SEO Galaxy of this immediately.
The interested party shall refrain from any activity that is likely to impair the business operations of SEO Galaxy or the underlying technical infrastructure.
If the interested party wishes to check SEO Galaxy services for a third party and then, if necessary, book them for a third party (with power of attorney or in their own name), the interested party must notify SEO Galaxy of this at the beginning of the contact and before activating the user account. The obligation to notify also applies if this intention of third-party use occurs later.
If the interested party wishes to make the booking with power of attorney and on behalf of their customers, this is possible by entering a different billing address in the customer account. Booking on behalf of the customer also requires that the booking is made subject to these SEO Galaxy GTC.
§ 3 SEO Galaxy platform, conclusion of contract, services of SEO Galaxy
The interested party can inform themselves on the SEO Galaxy platform about the websites of third parties on which SEO Galaxy can attempt to place a text contribution. The interested party will receive information on the expected total price for the desired service (selected internet domain / duration of the placement of the text contribution / scope of text / desired keywords) net (excluding VAT). The interested party can save domains and service details that he considers interesting to his customer account without obligation (“watch list”) and assign a project name to them. Domain recommendations or desired domains that are not listed on the platform can also be requested from SEO Galaxy without obligation. An order process can also be initiated via the customer account after logging out and logging in again.
The accessibility of the SEO Galaxy platform is limited by regular and possibly necessary and/or extraordinary maintenance work.
The total prices and service details stated on the SEO Galaxy platform are non-binding and subject to change.
The interested party can send us a binding order via the SEO Galaxy platform.
This is done by clicking on the “Order with obligation to pay” button as part of the platform ordering process. The interested party must first specify the desired SEO Galaxy service so that the total price can be determined.
This includes in particular
-the domain on which the text contribution is to be placed,
-the specification of whether the customer or SEO Galaxy is to write the text contribution
-information about the text topic, anchor text (linked word/phrase), length of the text (characters)
-duration of the desired provision
-link target,
If the text is to appear as editorial content, it may not name any goods or services or contain any other information that could promote a specific business operation. The same applies to links, keywords etc. named by the interested party. In addition, § 3 No. 6 of these GTC applies.
The publication of the text contribution requires the approval of the third-party site operator (publisher). SEO Galaxy has only limited influence on this. If the publisher expresses concerns about the content or certain formulations of the text, a corresponding revision is necessary to ensure publication. We will coordinate this with the interested party. If the interested party is not interested in publishing the amended text, we will cancel the order free of charge. If the publisher definitively rejects the publication of the amended text, we will be unable to fulfill the order.
If the subject of the agreement with the interested party is that SEO Galaxy is to write the text contribution, SEO Galaxy can create or have created a corresponding text containing the desired keywords and topics at its own discretion. SEO Galaxy will send the draft text to the interested party with a request for approval before publication, unless the client waives this. The client should respond to this within one week. If no approval is given, the text will not be published.
If SEO Galaxy creates the text contribution or has it created, the interested party will be granted a simple right of use for the period of text publication. All further exploitation and usage rights remain with the author or SEO Galaxy.
SEO Galaxy is authorized to engage third parties to provide the services in question, including text creation.
Communication between the parties takes place in electronic form. SEO Galaxy sends all messages, invoices, drafts etc. to the mailbox belonging to the customer account. At the same time, the user is informed by e-mail that a message has been received in this mailbox. At the same time, direct contact can be made via chat and, in exceptional cases, by telephone.
§ 4 Force majeure, premature termination of text publication, labeling obligations
There is no breach of duty on the part of SEO Galaxy if unforeseen obstacles occur that temporarily or permanently impair the fulfillment of the concluded contract, e.g. operational disruptions, insofar as SEO Galaxy is not responsible for such obstacles. This also applies if the circumstances occur with subcontractors, service providers or cooperation partners of SEO Galaxy. Parts of the service affected by this will be postponed appropriately according to the duration of such measures and obstacles.
An unforeseen obstacle may also be a pandemic and / or new disruptions caused by a pandemic already known / prevailing at the time of conclusion of the contract. The effects of a pandemic may also constitute unforeseen obstacles within the meaning of this paragraph, e.g. quarantine obligations, unforeseen long-term illnesses, absences due to illness and / or delays in the provision of services based on home office services or other circumstances made more difficult by the pandemic that cannot be influenced by SEO Galaxy, e.g. contact restrictions. SEO Galaxy will inform the interested party of any obstacles that occur and their likely effects and propose a solution.
An unforeseen obstacle may also exist / arise if a domain operator dies, falls ill, loses de facto control over the third-party website and / or is obliged to delete or modify the ordered content for legal reasons.
Possible consequences of an obstacle may be missing/delayed publisher approval, blocking of the third-party website, deletion of text contributions already posted or their modification or premature termination of the placement.
If the text contribution, including the overall design, is to be classified as advertising, it must be labeled accordingly. If the interested party does not wish it to be labeled, there is a risk that third parties may complain about the design and take legal action in this regard. Should this result in the text only being changed or no longer being made publicly accessible, this does not constitute a breach of duty on the part of SEO Galaxy, nor does it constitute a defect in the service.
§ 5 Total price, due date, right of retention
All prices are subject to value added tax.
The agreed fee is due upon completion and acceptance of the service and is payable immediately. If the interested party orders services from SEO Galaxy for the first time, SEO Galaxy is entitled to demand an advance payment.
Insofar as SEO Galaxy is obliged to make advance payment, it may refuse to perform its obligations if it becomes apparent after conclusion of the contract that its claim to consideration is jeopardized by the contractual partner’s inability to pay. In the event of a significant deterioration in the financial situation or imminent insolvency, SEO Galaxy is entitled to perform services only against advance payment or to demand the provision of suitable security. If this is not provided within a reasonable period, SEO Galaxy is entitled to withdraw from the contract after this period has expired and to demand compensation for non-performance.
§ 6 Liability
SEO Galaxy is liable for any culpable injury to life, limb or health to the extent permitted by law.
All other claims by SEO Galaxy customers are excluded.
Clause 2 does not apply,
– in the event of intent or gross negligence on the part of SEO Galaxy;
– for any claims for damages by the customer that are based on a grossly negligent breach of duty by SEO Galaxy or on an intentional or grossly negligent breach of duty by its legal representative or vicarious agent;
– for claims based on a culpable breach of SEO Galaxy’s obligation to provide services (text placement, provision, link integration in accordance with the selected package);
– for claims arising from product liability;
– for claims arising from the violation of data protection regulations;
– if SEO Galaxy fraudulently conceals a defect;
– if SEO Galaxy has assumed a guarantee for the quality of the service and the defect is covered by this guarantee.
Liability shall be limited to such damages as are typically to be expected when the contract is concluded.
§ 7 Circumventing transactions
The interested party will not request the online placement of text contributions directly (bypassing SEO Galaxy) from the publishers and backlink providers disclosed by SEO Galaxy and / or commission them themselves or via third parties (prohibition of circumvention).
§ 8 Choice of law, place of jurisdiction, miscellaneous
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the interested party is a merchant, the place of jurisdiction for disputes arising from and in connection with the concluded contract shall be Koblenz (Germany). The same applies if the interested party does not have a domestic place of jurisdiction.
Should a provision of this agreement be or become invalid, the validity of the remaining provisions shall remain unaffected.
