GDPR - Our Data Protection Protocol

1. Scope and Definitions

1.1. These General Terms and Conditions exclusively govern the business relationship between Playbook Growth Solutions n.e.V., Alte Altenberger Str. 4, 01744 Dippoldiswalde (Germany) (hereinafter referred to as “PROVIDER”) and the recipient of the services (hereinafter referred to as “CLIENT,” collectively referred to as the “PARTIES”), especially concerning contracts for services in the field of process automation and digitalization (hereinafter referred to as “Services”).

1.2. The PROVIDER’s offer is exclusively directed at entrepreneurs (§ 14 BGB) or business operators. Upon conclusion of the contract, the CLIENT confirms to the PROVIDER that they are availing of the services solely for commercial or business purposes (as an entrepreneur within the meaning of § 14 BGB).

1.3. Contradictory, differing, or additional General Terms and Conditions from the CLIENT will not become part of the contract unless the PROVIDER explicitly agrees to their validity. These General Terms and Conditions apply even if the PROVIDER performs services unconditionally, knowing of the CLIENT’s conflicting or differing terms.

1.4. The contractual basis is determined by the individual agreement between the PROVIDER and the CLIENT (e.g., in the form of an offer) and these present conditions.

1.5. The version of the PROVIDER’s General Terms and Conditions in effect at the time the services are used is the applicable version.

1.6. These General Terms and Conditions also apply to all future service relationships between the PROVIDER and the CLIENT (related to the offered services) without the need for explicit inclusion.

1.7. If the following provisions use the generic masculine form, it is solely for simplicity and does not imply any valuation.

2. Services

2.1. The specific scope of services is determined by the individual agreement between the PROVIDER and the CLIENT.

2.2. The PARTIES agree that the PROVIDER expressly does not owe the CLIENT any specific quantitative and/or economic success.

2.3. The PROVIDER’s performance is tied to the agreed-upon dates. The transfer of the claim to services to a later date is excluded.

2.4. The PROVIDER is entitled to use third parties, particularly subcontractors, to fulfill individual or all contractual obligations.

2.5. The PROVIDER has the right to determine performance according to § 315 BGB concerning the contents of a consulting contract entered into with the PROVIDER.

3. Conclusion of Contract

3.1. The presentation of services on the website, in social networks, in brochures, or in advertisements does not constitute a binding offer by the PROVIDER for the conclusion of a contract.

3.2. The contract between the PROVIDER and the CLIENT can be concluded orally (especially via video or video chat and/or telephone), in text form (especially via email), or in writing.

3.3. In the case of contracts concluded orally between the PROVIDER and the CLIENT, the CLIENT agrees that the PROVIDER may record the telephone call and/or video conference for evidence and documentation purposes.

3.4. The CLIENT expressly agrees not to pass on login usernames, passwords, materials, and links to which the CLIENT has access under this contract to third parties.

4. Compensation

4.1. The compensation applicable at the time of contract conclusion according to the offer applies to the services. If no compensation has been individually agreed, the compensation according to the current price list applies. Unless otherwise agreed, the first installment is due immediately upon conclusion of the contract; subsequent installments are due monthly in advance. All prices are exclusive of VAT.

4.2. If a setup fee has been agreed upon, it is charged only once, unless otherwise stipulated. No additional setup fee is charged in the event of a contract extension.

4.3. The CLIENT is obligated to pay in advance, unless otherwise agreed. The agreed compensation is due immediately upon conclusion of the contract and payable within 10 days.

4.4. Unless otherwise contractually stipulated, travel expenses (e.g., expenses, meals, transportation) for trips undertaken by the PROVIDER on behalf of the CLIENT are the CLIENT’s responsibility and are not included in any agreed-upon flat-rate compensation.

4.5. If the CLIENT fails to perform a necessary cooperative action, thereby preventing the PROVIDER from rendering services, the PROVIDER’s right to compensation remains unaffected. In this case, however, the PROVIDER must offset any expenses saved or neglected to earn.

4.6. The CLIENT may only offset or assert a right of retention against legally established or undisputed claims.

5. Default

5.1. Any deadlines for the PROVIDER to provide services do not begin until the CLIENT has fully settled the agreed compensation and has comprehensively performed all necessary cooperative actions.

5.2. If the CLIENT is in default with due payments, the PROVIDER reserves the right not to perform further services until the due payments are settled.

5.3. The PROVIDER is entitled to terminate the contract for good cause according to § 626 paragraph 1 BGB and to cease all services. Good cause exists in particular if the CLIENT is in default with at least two due installments to the PROVIDER. The PROVIDER is entitled to claim the entire compensation due until the next ordinary termination date as damages. In this case, however, the PROVIDER must offset any expenses saved or neglected to earn.

6. Obligations of the PARTIES for the Implementation of the Agreed Services

6.1. The PROVIDER will generally only provide the contractually promised services from the time of contract conclusion.

6.2. The CLIENT ensures that the PROVIDER is provided with all necessary information to achieve the best possible consulting result at all times.

6.3. The CLIENT must ensure that the technical prerequisites are in place to fully utilize the offer. This includes, for example, a sufficiently high-performance internet connection, PC/Notebook/Smartphone, messaging services, etc. The PROVIDER is not responsible for any non-availability in this regard.

6.4. The PROVIDER is entitled to conduct appointments digitally at any time (e.g., via Zoom, Teams, Skype, Teamviewer, or similar).