General Terms and Conditions

General Terms and Conditions for business customers in Germany, Austria and Switzerland

Version 6.10.1 | Last updated 23 September 2026

Viktor Obholz, trading as ADON Solutions, Am Hasengründlein 13, 91413 Neustadt an der Aisch, Germany

info@adonsolutions.de | https://adonsolutions.de | https://adon-crm.de

These GTC govern the booked software, marketing, website and hosting services for business customers in Germany, Austria and Switzerland. Part A and Part F apply generally; Parts B to E apply only to the respective services. For processing on behalf of the Customer, the separate data processing agreement (AVV) 6.10 applies in addition.

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A. General provisions for all services

1. Scope, business-customer relationship and modular structure

1.1. These General Terms and Conditions (hereinafter "GTC") apply to contracts between Viktor Obholz, trading as ADON Solutions, Am Hasengründlein 13, 91413 Neustadt an der Aisch, Germany (hereinafter the "Provider"), and his customers (hereinafter the "Customer") concerning the services described in these GTC.

1.2. The offer is directed exclusively at customers who, in this transaction, act in the exercise of their commercial or independent professional activity that has already commenced, as well as at legal entities under public law and special funds under public law (öffentlich-rechtliche Sondervermögen), with their registered office in Germany, Austria or Switzerland. Transactions by consumers are not the subject of this offer. In the case of natural persons in Austria, transactions preparatory to setting up a business (Gründungsgeschäfte) before the business has commenced operations are, in particular, not covered. The actual legal classification is decisive; a declaration in the order form does not remove mandatory consumer rights.

1.3. Conflicting or deviating terms and conditions of the Customer apply only if the Provider has expressly agreed to their validity in text form (Textform). The unreserved performance of services or acceptance of a payment does not constitute consent.

1.4. These GTC have a modular structure. In addition to Part A and Part F, only those special Parts apply that correspond to the booked subject matter of the contract:

1.5. "ADON FotoBusiness" refers to the software platform previously offered under the name "ADON CRM". References to "ADON CRM" in older documents expressly incorporated at the time the contract was concluded are deemed to be references to ADON FotoBusiness, except insofar as the respective document indicates otherwise.

1.6. Individually negotiated agreements take precedence. In matters of processing on behalf of the Customer, the AVV and its specifically agreed annexes take precedence over the other contractual documents; mandatory data protection law continues to prevail. Otherwise, the expressly agreed details in the individual contract or in the order summary apply, followed by the incorporated product description and then these GTC. A subsequent order confirmation cannot unilaterally change the accepted content of the contract. The mere signing or separate confirmation of pre-formulated terms does not make them an individually negotiated agreement.

1.7. ADON makes these GTC, the selected product descriptions and the required AVV with the assigned annexes available in a readable and storable form before the binding order is placed. When concluding a contract online, the GTC and the AVV are accepted separately and without pre-ticked boxes. The FotoBusiness description is additionally incorporated for software access that has been expressly requested; a marketing booking does not require use of the CRM. Immediately after conclusion, the Customer receives the contract confirmation and the complete accepted versions as unalterable PDFs by email. Where a customer account exists, they are also made available there. The documents remain storable irrespective of any CRM access. The contract confirmation is not an undertaking to send a later renewal reminder.

1.8. Amendments to these GTC apply to existing contracts only if the parties agree to them. A new version published only on the website does not amend an existing contract. The Provider's right to make technical or security-related adjustments to the software permitted under Part B remains unaffected.

2. Conclusion of the contract and contractual documents

2.1. A contract may be concluded or amended by signing an individual contract, by accepting an individual offer in text form or by means of an online ordering or package change process provided for this purpose.

2.2. Presentations on websites, in advertising materials or in the customer portal do not constitute a binding offer unless they are expressly designated as such. For individual services, the Provider as a rule submits a specific offer which the Customer may accept within the period stated therein.

2.3. By clicking the final button "Zahlungspflichtig bestellen" ("order with obligation to pay") or an equally unambiguous payment button, the Customer submits a binding offer on the terms last displayed. The prior acceptance of the contractual documents and the redirection to Stripe do not in themselves conclude the main contract. After successful payment confirmation, ADON accepts the offer by means of an express contract confirmation by email and confirms the start of the services. Requested software access is activated in accordance with the agreed provisioning conditions; a marketing contract without the CRM does not depend on such activation. A mere acknowledgement of receipt or the status "Zahlung wird verarbeitet" ("payment is being processed") does not constitute acceptance. If the initial payment fails, there is no acceptance or activation. If ADON does not accept an order that has already been paid for, the amount will be refunded without undue delay. For payment by invoice, where expressly offered, the acceptance procedure displayed in advance applies.

2.4. The scope of services and the remuneration are determined by the contractual documents agreed before conclusion. Specifically promised characteristics, individual undertakings and legally relevant pre-contractual information are not excluded by general liability or service descriptions. Development plans clearly marked as a non-binding outlook do not constitute an undertaking regarding a particular function or launch date.

2.5. Before concluding the contract or changing packages, the Customer checks whether the selected scope of services is suitable for its intended business use. The Provider answers discernible queries regarding the scope of services; legal, tax or data protection advice is not owed.

2.6. In the case of electronic conclusion of contracts, the Provider documents in particular the date, time, assignment to the Customer or account, and the consents given. The contractual documents are made available to the Customer in a storable form.

2.7. Before submitting an online order, the Customer can check and correct its entries. The final order summary shows the product, one-off and recurring net prices, tax treatment, tax amount and amount payable, any additional advertising budget, billing cycle, the specific start and end dates including any one-off onboarding, the last date for termination, as well as the automatic renewal in the same package at an unchanged price, the total remuneration per renewal period, the scope of services, duration and notice period. The renewal is highlighted directly next to the price and term information. The information corresponds to the binding content of the contract.

2.8. If the price, tax calculation, scope of services or contractual terms change before the binding order is placed, an updated summary is displayed and must be confirmed again. Technical session time limits do not change a contract that has already been concluded.

2.9. In the case of a package change expressly marked as taking effect in the future, the Customer submits a binding change order by confirming the displayed change date and the change conditions. The amendment agreement is concluded upon the Provider's electronic confirmation. The start of the services, billing and term of the target package, as well as any payment condition, are determined by the change summary and the special provisions in Part B or Part C respectively.

2.10. The Customer ensures that only a person with power of representation or with sufficient authority triggers chargeable orders, terminations or package changes in the customer account. In the event of justified doubt, the Provider may request suitable proof of authority to represent.

2.11. For Focus, Starter and Business Pro, the order summary shows the marketing remuneration and the separate choice of FotoBusiness access without an additional basic fee. No option is preselected. The marketing price is the same irrespective of this choice. The recipient address for enquiries, any agreed interface, and the replacement of an existing CRM subscription, including the changeover date and pro rata billing, are expressly documented. A marketing booking requires neither the conclusion of a CRM contract nor CRM activation.

3. Prices, billing and payment

3.1. The prices stated in the specific offer, contract or ordering process are decisive. All prices are net plus the statutory value added tax applicable at the time, unless expressly stated otherwise.

3.2. One-off onboarding, set-up or creation flat fees are due upon conclusion of the contract, unless the contractual documents provide otherwise. An onboarding fee is not charged again for the same customer account if it has already been invoiced or expressly waived and no substantially new, separately commissioned onboarding is required for the new package. Recurring remuneration is due in advance for the respective billing period. Remuneration under a contract for work (Werkvertrag) is due in accordance with the agreed payment arrangement, otherwise upon acceptance (Abnahme). For services under a contract for work, the Provider may demand reasonable payments on account (Abschlagszahlungen) pursuant to § 632a BGB.

3.3. Payment methods offered may include, in particular, Stripe, SEPA direct debit, bank transfer or other methods displayed in the ordering process. There is no entitlement to a particular payment method. The Provider may refuse or change a payment method for objective reasons, in particular due to technical faults or an objectively increased risk of default or misuse.

3.4. Where a SEPA direct debit mandate exists, the Provider may collect amounts due. Charges for returned direct debits and bank charges for which the Customer is responsible may be passed on in the amount actually incurred. The Customer remains entitled to prove that no expense or a substantially lower expense was incurred.

3.5. The Customer is in default upon expiry of a payment date determined by the calendar or once the statutory requirements are met. The statutory default interest applies to claims for payment; for legal transactions not involving a consumer, the default interest rate is nine percentage points above the base rate of interest. The flat-rate default charge pursuant to § 288(5) BGB and any proven further damage remain unaffected.

3.6. If the Customer is in default with a claim that is due, the Provider may, after prior notice, temporarily suspend those services that are in a reciprocal relationship with the outstanding claim. This does not apply insofar as the Customer is justifiably withholding payments or the suspension would be disproportionate in the individual case. Contract terms and payment obligations remain in place, subject to mandatory statutory rights.

3.7. Advertising, media and platform budgets, in particular vis-à-vis Meta, are included in the remuneration only if the contractual documents expressly so provide. Otherwise, the Customer bears these budgets in addition and pays them directly via its own advertising or platform account.

3.8. On the basis of the company, billing and tax data provided, the order summary shows the tax treatment that is correct under the law. Where the reverse charge procedure or another statutory provision applies, this is taken into account on the invoice. If tax data are subsequently shown to be incorrect, only the invoice correction required by law is made; the agreed net price remains unchanged. The Customer keeps its details up to date.

3.9. Recurring payments are collected only on the basis of a separate payment authorisation or a valid SEPA mandate and only in the amount owed under the contract. These GTC do not replace a direct debit mandate. Revocation of the mandate does not terminate the service contract; amounts due must then be settled by another agreed means.

3.10. A newly booked package is activated after successful payment confirmation and acceptance in accordance with clause 2.3. A SEPA payment that is still being processed does not constitute successful payment confirmation. In the case of existing contracts, a distinction must be drawn between a payment problem, a temporary suspension and termination of the contract: a technical Stripe status does not replace a required notice of termination, reminder or period for remedy. A termination that has been validly declared or confirmed is not reversed merely by a subsequent payment.

4. Dates, performance periods and force majeure

4.1. Binding performance periods result from the product description or a specific agreement on dates. Insofar as a period requires full cooperation, ADON specifies the documents and access credentials required for this purpose and informs the Customer promptly of any discernible gaps. The start of a contractual or billing phase agreed by calendar date follows the product description and does not automatically follow a later campaign launch.

4.2. If the Customer fails to provide or delays a required act of cooperation, the affected performance periods are extended at least by the duration of the hindrance plus a reasonable restart period. Firmly agreed contract, billing or package terms are postponed as a result only if the contractual documents expressly so provide or the Provider is responsible for the delay.

4.3. In the event of force majeure (höhere Gewalt) or other obstacles to performance for which the party concerned is not responsible, the statutory consequences and the following duty to inform apply. Periods are postponed only to the extent actually caused, including a reasonable restart period. A failure of an undertaking used by ADON for its own performance does not constitute force majeure merely because that undertaking is independent. Statutory rights in respect of services not rendered and the rules on counter-performance remain unaffected.

4.4. ADON provides information about significant discernible delays, their effects and reasonable remedies. In the case of longer-lasting obstacles, the parties agree on how performance is to continue. Rights to terminate, to withdraw from the contract or to adjust it in accordance with the statutory requirements exist irrespective of any flat-rate waiting period. Services already duly rendered are to be remunerated to the extent provided by law.

4.5. For the handling of support requests and notifications of defects relating to all services booked under these GTC, the contact channels and support hours set out in Part B clause 6.3 and the handling procedure set out in Part B clause 6.4 apply. This also applies to marketing, website and hosting services without ADON FotoBusiness access. Special provisions on stop instructions, data protection incidents and statutory warranty rights for defects remain unaffected.

5. General cooperation obligations of the Customer

5.1. The Customer provides all information, decisions, content, image and video data, access credentials, approvals and contact persons required for the services in good time, in full and free of charge. It keeps the information it has provided up to date and informs the Provider without undue delay of any relevant changes.

5.1a. ADON specifies in good time the materials required, technical requirements, intended purpose and a reasonable date for provision. Discernible incompleteness or lack of suitability is communicated promptly, stating the specific reason and requesting suitable replacements. Mere general dissatisfaction with the material does not give rise to an unlimited obligation to supply further material. The consequences of a lack of cooperation are governed by clauses 4.2 and 5.5 and, in the case of marketing, by Part C clauses 2.4 and 5.7.

5.2. The Customer warrants that content provided or approved is factually correct and that its use does not infringe any laws, official orders, contracts or third-party rights. This concerns in particular copyright, trade mark, personality, competition and data protection rights, as well as any necessary consents of persons depicted.

5.2a. For photos, videos, music and other content provided by the Customer, the Customer obtains the copyrights, rights of use and personality rights required for the agreed purpose, as well as the required legal bases and consents under data protection law. These must also cover the agreed use by ADON on landing pages, websites and in paid advertisements, including agreed editing, creation of collages and video editing. Permission to take a photograph or recording, or a licence solely for private use or ordinary social media posts, is not sufficient insofar as the commissioned advertising use is not covered by it. In the case of minors depicted, the valid consents required in each case must be ensured.

5.2b. Before publication, the Customer confirms that the required rights and consents exist for the specific content approved, and retains the evidence thereof. Routine transmission of all consents to ADON is not required. In the event of justified queries or third-party claims, the Customer provides suitable evidence, redacted where necessary to minimise data. The Customer notifies ADON without undue delay of the loss, revocation or restriction of relevant rights. Where legal problems are discernible, ADON does not continue to use the affected content until the matter has been clarified and agrees on lawful replacements.

5.2c. The Customer's responsibility concerns the content and rights information supplied by it. ADON remains responsible for content it has itself selected or added, for compliance with the agreed scope of use and for its own culpable errors. Indemnification is provided exclusively in accordance with Part A clause 9.5, in particular taking into account any contributory fault on the part of ADON. Permission for advertising use neither replaces a required AVV nor does it permit blanket transfers to AI providers or other recipients not agreed upon.

5.3. The Customer ensures that the required customer accounts, domains, advertising accounts, payment details and technical access are functional. Access credentials are to be transmitted via secure channels and, where necessary, changed after the end of any merely temporary use.

5.4. Before domain, email, website or data migrations, the Customer independently makes appropriate backups, insofar as a backup or migration by the Provider has not been expressly agreed. The Customer remains responsible for its statutory retention obligations.

5.5. Insofar as a lack of cooperation for which the Customer is responsible causes a disadvantage, the statutory consequences apply, taking into account any share of causation attributable to ADON. Additional effort is charged only after a prior description and approval of a remuneration agreement; statutory claims for compensation and damages remain unaffected. The statutory obligations to credit saved expenses and other earnings apply.

6. Subcontractors and third-party providers

6.1. The Provider may engage carefully selected employees, freelancers and subcontractors. The Provider remains responsible for their performance to the extent provided by law.

6.2. Insofar as third parties engaged process personal data on behalf of the Customer, their engagement, the provision of information about them and their approval are governed by the AVV and Art. 28 GDPR.

6.3. Functions and services of third-party providers, in particular hosting, domain, email, payment, Meta, Google, Perspective, gallery, shop or chat services, may be subject to their own terms and conditions, technical limitations, data protection provisions and fees. The Provider draws attention to this insofar as it is material to the booked service.

6.4. ADON is liable for the fault of persons and undertakings that ADON engages to perform its own contractual obligations in accordance with the statutory rules of attribution, in particular § 278 BGB, within the scope of clause 9. If the Customer commissions a platform service directly for its own purposes, that service is not an ADON service merely for that reason. ADON remains responsible for its own obligations of selection, set-up, monitoring, information and response.

7. Confidentiality and trade secrets

7.1. Both parties treat non-public commercial, technical and other confidential information of the other party as confidential and use it only for the performance of the contract.

7.2. This obligation does not apply to information that was demonstrably already lawfully known to the receiving party, becomes generally known without any breach of duty, was lawfully obtained from a third party, or must be disclosed by law or by an enforceable official or court order. Insofar as legally permissible, the other party is to be informed before any mandatory disclosure.

7.3. The parties bind their employees and vicarious agents (Erfüllungsgehilfen) who deal with the information accordingly. Confidentiality applies during the contract term and for five years thereafter; trade secrets protected by law must be protected for as long as they retain their status as trade secrets.

8. Data protection and areas of legal responsibility

8.1. Each party is responsible for compliance with data protection regulations within its own area of responsibility.

8.2. If the Provider processes personal data on behalf of the Customer, the parties conclude an AVV pursuant to Art. 28 GDPR before this processing begins. The AVV is a separate contractual document and is incorporated separately when a contract is concluded online.

8.3. The Customer remains responsible in particular for legal bases, information obligations, consents, erasure concepts and the lawful use of the data processed in ADON FotoBusiness or in campaigns, insofar as these obligations are incumbent on the controller.

8.4. The Provider may use data for general statistical, security, analysis or improvement purposes outside the processing on behalf of the Customer only if the data have been effectively anonymised or another sufficient legal basis exists.

8.5. The Provider does not produce legal texts reviewed by a lawyer and does not owe any legal, tax or data protection advice. The Customer is responsible for having, in particular, the legal notice (Impressum), privacy policy, cookie notices, terms of participation, price information and sector-specific mandatory information reviewed.

9. Liability and indemnification

9.1. The Provider has unlimited liability for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz), to the extent of any expressly assumed guarantee, and in the case of fraudulently concealed defects.

9.2. In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical of the contract at the time the contract was concluded. Material contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the other party may regularly rely. Otherwise, liability for slight negligence is excluded.

9.3. In the event of data loss, a breach of reasonable backup obligations (Obliegenheiten) on the part of the Customer is taken into account only in accordance with the statutory rules on contributory fault and only to the extent causally affected. ADON's own obligations regarding backup, restoration and protection are not thereby cancelled. Unlimited liability under clause 9.1 remains unaffected.

9.4. The provisions on liability apply accordingly to the Provider's legal representatives, employees and vicarious agents.

9.5. If the Customer culpably infringes third-party rights or statutory obligations through content, data, offers or instructions provided by it, it indemnifies the Provider against justified third-party claims and the necessary reasonable costs of legal defence. This is subject to the Provider informing the Customer without undue delay, not making any acknowledgements without consent and enabling the Customer to participate appropriately in the legal defence. The indemnification does not apply insofar as the Provider contributed to causing the infringement.

10. Use as a reference

10.1. The Customer is publicly named as a reference customer, and its company name, logo or project results are used for the Provider's advertising purposes, only if the Customer has separately consented to this or it has been individually agreed.

10.2. Consent under data protection law may be revoked with effect for the future. ADON ceases any further use dependent on it and removes its own digital publications without undue delay to the extent legally required. Printed copies already distributed need only be recalled insofar as this is legally required. Separate contractual rights of use and statutory rights of data subjects are each to be assessed in accordance with their respective requirements.

B. Special provisions for ADON FotoBusiness (Software as a Service)

1. Subject matter of the contract and scope of services

1.1. For the contract term, the Provider makes the browser-based software platform ADON FotoBusiness available to the Customer as Software as a Service ("SaaS"), including the storage space agreed under the applicable plan, for its intended business use.

1.2. ADON FotoBusiness may be booked as a stand-alone subscription. Customers of Focus, Starter and Business Pro may, in addition, expressly elect the basic access for the duration of their marketing contract without a separate usage fee. The marketing packages may also be booked and performed without such an election. This optional software access is governed by Part B and the FotoBusiness product description; the individual subscription prices and individual subscription terms set out therein do not apply. Any subsequent paid continuation requires a new express booking. Merely not electing, or ending, the optional access gives rise neither to a retrospective CRM fee nor to a refund of the marketing price; statutory claims for breaches of duty remain unaffected.

1.3. The FotoBusiness basic subscription comprises the full agreed range of CRM functions without functional plan tiers, several authorised users and a total of up to 500 GB of storage. The product description incorporated at the time the contract is concluded lists the functions and integrations provided. MasterChat connections remunerated separately are governed by clause 1.5.

1.4. Galleries serve the practical, time-limited delivery of files to end clients. Permanent, audit-proof archiving or the fulfilment of statutory retention obligations is owed only if this has been expressly agreed. The Customer shall make its own permanent backups.

1.5. The website chat is included in the FotoBusiness basic access. Connections of MasterChat to email, WhatsApp or Instagram cost an additional EUR 8.00 net per connected account and monthly billing period. They are set up only on the basis of an express booking, even if FotoBusiness is already included in a marketing package. ADON bears the costs of its aggregator Unipile; additional messaging fees charged by ADON are not provided for in the standard offering described.

1.6. The Customer shall, at its own expense, put in place the technical prerequisites stated in the product description, in particular an up-to-date browser environment, suitable end devices and a sufficient internet connection.

2. Registration, user accounts and security

2.1. On registration, the Customer shall designate a person who is authorised to represent it or who holds sufficient authority. Information provided must be complete and accurate. The Provider may refuse a registration for objective reasons, in particular in the event of inaccurate information, discernible abusive use or an objectively increased risk of non-payment.

2.2. Access credentials must be used on a personal basis and treated as confidential. The Customer may provide access only to its authorised employees or vicarious agents within the agreed number of users.

2.3. ADON provides users with optional two-factor authentication with recovery codes and recommends that it be activated. A generally technically enforced two-factor login is not promised. The Customer shall protect its accounts and recovery means in line with the risk posed by the data processed. ADON's own protective obligations and any additional measures expressly agreed remain in place. Identified security problems and unauthorised access must be reported without undue delay.

2.4. The Customer is responsible for actions carried out via its user accounts insofar as it caused them or enabled them through a culpable breach of its security and organisational obligations.

2.5. Where offered in the registration process, a Customer receives, on a one-off basis, trial access to ADON FotoBusiness limited to 30 calendar days. The trial period begins with the initial registration and ends automatically, without giving rise to any payment obligation or paid subscription. A contract for remuneration always requires a separate express order. MasterChat connections ordered separately are charged at EUR 8.00 net per connected account per month, even during a free CRM trial period; their activation requires an express order.

2.6. After the end of the trial period, the Provider may block access. Trial data are handled in accordance with the data protection and retention information provided at the time of registration. If the Customer concludes a paid contract in good time, access may be continued with the existing data.

2.7. Before the Customer processes personal data of third parties in ADON FotoBusiness during the trial period, the separate AVV must be concluded electronically. Until then, the Provider may restrict those functions which require processing on behalf of the Customer.

3. Rights of use

3.1. For the contract term, the Provider grants the Customer a simple, non-exclusive, non-transferable and non-sublicensable right to use ADON FotoBusiness to the agreed extent for its own business purposes.

3.2. Only acts of reproduction that are technically necessary in the context of the intended browser-based use are permitted. No rights to the source code or object code are transferred.

3.3. The Customer may not rent out, lend or sell the software or access, nor make them available to third parties outside its business for their independent use. Use by commissioned persons remains permitted insofar as they act exclusively for the Customer, are bound to confidentiality and the agreed number of users is observed.

3.4. Mandatory statutory entitlements, in particular mandatory statutory rights relating to interoperability, remain unaffected.

4. Obligations and impermissible use

4.1. The Customer shall upload only lawful content and data and shall ensure that their processing, storage, publication and disclosure are permissible.

4.2. The following are prohibited in particular: introducing malicious code, security-endangering load tests without consent, circumventing access restrictions, unauthorised access attempts, unlawful content and use for the development of a directly competing product by means of impermissible reverse engineering.

4.3. The Customer shall inform the Provider of faults without undue delay and describe them in a comprehensible manner. It shall cooperate to a reasonable extent in their diagnosis and rectification.

4.4. The Customer shall regularly export and back up its business-critical data to an extent commensurate with its risk situation and its statutory obligations.

5. Updates and changes to the software

5.1. The Provider may update and further develop ADON FotoBusiness, in particular for the purposes of error correction, IT security, adaptation to changes in the law, technical development or improvement of usability.

5.2. Updates must not materially impair agreed core functions or the purpose of the contract. Changes to the interface and technical changes are permissible if they are reasonable for the Customer and the owed range of functions is preserved. Any reduction in services going beyond this requires an agreement or a sound statutory basis; a mere reference to third-party providers does not entitle the Provider to make arbitrary reductions.

5.3. The Provider shall, as a rule, give notice of a change that is likely to be materially disadvantageous for the Customer at least six weeks before it takes effect. If, as a result, the Customer cannot reasonably be expected to continue, it may terminate the affected SaaS contract extraordinarily at any time until the change takes effect. In the case of urgently required security or legal measures, the lead time (Vorlaufzeit) may be shortened appropriately.

6. Availability, maintenance and support

6.1. ADON provides the agreed functions for the contract term and operates the software in a professional manner. A specific percentage service level or a guaranteed recovery time is agreed only if this was expressly specified before the contract was concluded. The absence of a separate availability metric does not restrict the agreed entitlement to performance or statutory rights in the event of non-availability.

6.2. Planned maintenance is scheduled, where possible, for periods of low usage. Significant foreseeable interruptions are announced in good time; in the case of urgent security measures, prior announcement may be dispensed with, in which case the information is provided subsequently. Maintenance and outages of service providers used by ADON are not excluded across the board from ADON's sphere of responsibility. The Customer's statutory rights remain unaffected.

6.3. Regular support hours are Monday to Friday from 10:00 to 18:00 and Saturday from 10:00 to 14:00, in each case German local time. No regular support is provided on the public holidays applicable at ADON's registered office in Bavaria. Urgent statutory protection, remediation and notification obligations continue to apply outside regular support hours. Support requests may be submitted via the support ticket in the CRM or by email to info@adonsolutions.de. For urgent ad stops and data protection notifications, info@adonsolutions.de is the central contact. The mailbox is managed by Viktor Obholz. Continuous on-call availability is not promised. Clause 6.4 and the obligations to notify data protection matters without undue delay remain unaffected.

6.4. ADON begins reviewing and handling support requests and defect notifications received no later than by the end of the working day following receipt. Working days are Monday to Saturday, excluding the public holidays applicable at ADON's registered office in Bavaria. In its first substantive response, ADON informs the Customer of the processing status and the expected time to rectification. If a reliable assessment is not yet possible, ADON states the next review steps and a date for its further response. Rectification takes place within a period that is reasonable having regard to the nature, extent, urgency and impact. If a communicated expected time to rectification is foreseeably going to be exceeded, ADON informs the Customer without undue delay of the delay and the updated assessment. No fixed maximum period for complete rectification is hereby agreed. Justified urgent ad stops, critical outages and security incidents are dealt with without undue delay in accordance with the obligations applicable to them. Statutory notification, protection and remediation obligations are not deferred by the ordinary support hours or the period for commencing processing.

7. Material defects and defects of title

7.1. The temporary provision of the SaaS for remuneration is, in principle, governed by the defect provisions of the law of tenancy (mietrechtliche Mängelvorschriften) under §§ 535 et seq. BGB, except insofar as these GTC validly provide otherwise. Even in the case of optional access without an additional basic fee, ADON owes the agreed range of functions and the agreed protection, remediation and export services; the pricing structure does not remove any statutory rights or ADON's own responsibility.

7.2. The Customer shall report defects without undue delay and allow a reasonable review and remedy. Statutory rights of price reduction, retention and termination remain in place. A refund following review may be agreed, but does not replace an already existing statutory right of price reduction.

7.3. The Provider's no-fault liability for defects existing at the time the contract is concluded pursuant to § 536a(1), first alternative, BGB is excluded. Part A clause 9.1 remains unaffected.

7.4. In the event of faults in integrated third-party software, ADON coordinates the remedy and examines reasonable workarounds. Responsibility for ADON's own owed SaaS performance and the Customer's statutory rights are not excluded by the lack of any ability to modify third-party software.

8. Term, termination and upgrade from ADON FotoBusiness

8.1. The term, billing period and ordinary notice period are determined primarily by the order confirmation or product description.

8.2. Where a stand-alone FotoBusiness subscription has been booked as a monthly plan without any deviating provision, the initial term is one month. It is renewed for a further month in each case unless terminated with 15 calendar days' notice to the end of the current monthly period.

8.3. Where a stand-alone FotoBusiness subscription has been booked as an annual plan without any deviating provision, the initial term is twelve months. It is renewed for a further twelve months in each case unless terminated with one month's notice to the end of the current annual period.

8.3a. The annual plan is paid in advance. In the event of ordinary termination to the end of the period, the agreed services remain available until then. Mere early non-use or a data export while the contract continues does not give rise to any contractual claim to a pro rata refund. An export alone does not constitute termination. Statutory rights to earlier termination and refund as well as Part B clause 9 remain unaffected; a technical activation does not postpone a valid earlier termination.

8.4. FotoBusiness access expressly elected in connection with Focus, Starter or Business Pro is provided without an additional basic fee during onboarding, the main term and any renewals of the marketing contract. The Customer may end this access independently of the marketing contract in text form with effect from a date of its choosing; good cause is not required for this. The rights and procedures under clause 9 remain in place. The regular use of this optional access also ends no later than upon the end of the marketing contract, subject to transition, export and retrieval rights. A paid continuation arises only through a new express booking. Non-use does not in itself end the access.

8.5. Separately booked MasterChat connections may be cancelled to the end of their current monthly billing period in text form or via the account function provided for this purpose. If the usable CRM access ends earlier and there is no valid follow-on booking, the connection dependent on it also ends. Connection fees paid in advance for the period thereafter are refunded pro rata temporis. An internal package change with a continuing usable CRM account does not end expressly retained connections.

8.6. The right of both parties to extraordinary termination for good cause remains unaffected. Good cause for the Provider may exist in particular if the Customer, despite the payment being due, a reminder and a reasonable grace period, remains in default with material payments, uses the software in a materially unlawful manner, or fails to remedy a material breach of contract despite a formal warning (Abmahnung). Insofar as the breach of duty is capable of remedy, a reasonable period for remedy must, as a rule, be set beforehand.

8.7. Notices of termination may be given at least in text form, in particular by email to info@adonsolutions.de, or via a function provided for this purpose in the customer account. The Provider confirms receipt and the termination date.

8.8. If a Customer with a stand-alone FotoBusiness subscription books Focus, Starter or Business Pro, the parties agree in the ordering process on the early replacement of this existing CRM subscription with effect from the confirmed start of the marketing contract. The replacement applies irrespective of whether the Customer wishes to continue using the optional CRM access. The contract, date, any pre-registered notice of termination, desired continued use and pro rata billing are shown separately before acceptance. The existing subscription remains active until the effective start of the accepted marketing contract. If the new order or the required initial payment fails, the existing subscription, including any valid notice of termination, remains in force.

8.9. Upon the confirmed start of the marketing contract, the replaced CRM subscription ends by mutual agreement with effect for the future; its separate basic billing is discontinued. A pre-registered notice of termination of the old subscription is superseded by this earlier termination; it is not withdrawn. If the Customer wishes to have the optional access, its existing account with clients, appointments and content is retained. If it does not wish to have it, the handover, export and deletion procedures under clause 9 apply. A marketing booking alone does not constitute an instruction for immediate data deletion.

8.10. For remaining periods already paid for and replaced by the upgrade, the Customer receives a pro rata credit or refund. The amount corresponds to the amount actually paid that is attributable to the replaced service, including tax charged, multiplied by the ratio of the remaining calendar days to the calendar days of the paid period. The period begins on the effective changeover date and ends at the end of the period already paid for. Amounts already refunded or credited are not taken into account twice.

8.11. A remaining credit displayed during the package change may be provisional. The final amount is determined on the basis of the relevant paid invoice, its term and any refunds, chargebacks, credits or payment disputes. If an unambiguous automatic allocation is not possible, the matter is reviewed manually.

8.12. Remaining credit balances for services replaced by the change and not yet consumed are offset pro rata against the new remuneration or refunded. ADON shows the period, amount and billing in a comprehensible manner. Any credit balance remaining after the end of the business relationship is paid out. Double charges and billing errors are corrected without undue delay; the same amount already credited is not refunded again. Where continued CRM use is expressly requested, the existing account, clients, appointments and content are retained. Separately booked MasterChat connections are dealt with in accordance with clause 8.5.

9. End of contract, data export and switching providers

9.1. Upon termination of the software contract, the normal rights of use end. The following transition, retrieval and deletion provisions apply to ADON FotoBusiness and to other booked data processing services within the scope of Regulation (EU) 2023/2854. The procedures described are also granted contractually to business customers in Switzerland.

9.2. The Customer may, by email to info@adonsolutions.de, request switching to another service of the same type, a transfer to its own IT infrastructure, or termination followed by deletion. The notice period is a maximum of two months from receipt; shorter ordinary or statutory periods are preserved. ADON confirms receipt, the relevant dates and the required cooperation steps. After the expiry of this period, the Customer may communicate its decision between switching, transfer or deletion.

9.3. The mandatory transition period for a switch is a maximum of 30 calendar days after the expiry of the notice period. ADON supports the Customer and authorised new providers to an appropriate extent, maintains the necessary functions and security, and provides information about known switching risks. If this is technically unfeasible, ADON shall give reasons for this within 14 working days of the switching request and state an alternative period of no more than seven months. The Customer may extend the transition period once by a period that is appropriate for its purposes.

9.4. The affected contract for the data processing service ends upon successful switching; in the case of a decision in favour of termination with deletion, it ends upon expiry of the notice period. ADON provides information about the termination. Regular fees for the affected data processing service are incurred only until its termination; fees paid in advance for the period thereafter are refunded pro rata temporis. No additional early termination compensation or lump-sum residual remuneration is agreed for this switch. In the case of the optional FotoBusiness access, neither a retrospective CRM price nor a clawback of a usage discount arises. The independent marketing services are continued in accordance with Part C clauses 1.5 to 1.8 and 7.15. Statutory rights that also concern other services remain unaffected.

9.5. All customer-related data and digital assets present in the booked service in the following categories are exportable: client, contact and master data; enquiries, messages and communication data; calendar, appointment, booking, workflow, note and status data; uploaded gallery, image and other files together with the associated metadata; sales, shop, order, payment reference, transaction and analytics data; customer-related configuration, user, role, permission and usage metadata. Data that do not exist or do not form part of the service need not be newly generated. The absence of a self-service function does not preclude provision owed by ADON.

9.6. Excluded are solely the internal source code and object code, algorithms, pre-existing development tools and libraries, purely internal operational and security configurations, and data of other customers, insofar as their disclosure would infringe protected rights or trade secrets. Customer-related parts of mixed data sets are provided separately to the extent necessary. Exclusions must not hinder or delay a permissible switch.

9.7. Provision takes place in structured, commonly used and machine-readable formats; uploaded files are provided in the existing original format. The export register contained in Part B clause 11, provided before ordering, specifies data structures, formats, procedures and limitations. It is made accessible in a storable form before ordering. ADON provides the legally required open interfaces and information on data portability free of charge. Information on the jurisdiction of the infrastructure and on measures against unlawful governmental access is also made accessible. This does not entail any promise of identical functions at the destination provider.

9.8. After the end of the transition period, a retrieval period of at least 30 calendar days is maintained for the exportable data. In the case of ordinary termination without switching, there is likewise a 30-day provision limited to retrieval and export. ADON announces the specific deletion date. Upon successful completion of a switch, the exportable data are completely deleted after the expiry of the retrieval period or of a longer period agreed. The handling of personal data, statutory retention obligations and blocked backup copies is additionally governed by the AVV; these rules do not shorten any mandatory switching or retrieval periods.

9.9. Under this version, the standard export and the legally required support when switching providers are included without a separate switching fee, even before 12 January 2027. Any additional service on the destination system, such as an individually commissioned reinstallation or archive migration, is charged only on the basis of a prior separate quotation and must not charge twice for a switching action owed by law. No further subscription fee is incurred for the mere retrieval phase after the end of the contract.

10. Range of functions of ADON FotoBusiness

The following functions apply to the booked FotoBusiness basic access, including expressly elected marketing and website access. This description specifies service description 6.10 in more detail; the prices, storage limits and additional fees agreed there remain authoritative.

ADON FotoBusiness provides, in the respective agreed state of functionality, in particular the following work areas. Designations, arrangement and user interface may be further developed in the course of appropriate product maintenance without materially reducing the owed core benefit.

10.1 Login, administration and users

Protected administration area with login, profile retrieval and role-based access rights. Team and user management for authorised staff of the Customer's business. Security mechanisms such as access protection, rate limiting, session and permission checks, and PIN or token protection in the areas provided for this purpose.

10.2 Clients, contacts and enquiries

Client and contact profiles with contact details, notes, processing status and contact history. Enquiry management in list, detail and pipeline or Kanban views. Search, filters, priorities, tags, status changes and conversion of an enquiry into a booking. Notifications of new or changed enquiries, insofar as set up in the respective communication channel.

10.3 Bookings, appointments and calendar

Creation, editing, status management and cancellation of bookings. Calendar views by month, week and day, as well as organisational overviews of bookings, shoots and absences. Management of working hours, breaks, days off, time zone and available time slots. Public online booking flow with selection of service, date and time, entry of client data and electronic confirmation. Cancellation via a link or process provided for this purpose, insofar as enabled for the booking.

10.4 Services, photographers and absences

Creation, editing, sorting, activation and deactivation of photography and additional services offered. Maintenance of service information, prices, deposit options, promotional periods and assigned photographers. Management of photographer or staff profiles and their availability. Recording and management of holidays and other periods of absence. Multilingual content in German and English, insofar as supported in the respective public area.

10.5 Workflow, email and notifications

Workflow functions for the structured handling of enquiry, booking, shoot, selection, sale and delivery. Configuration and preview of email templates and customisation of the confirmation and information texts provided. Automated reminders and status notifications, insofar as activated for the respective process.

10.6 FotoCloud, galleries and image selection

Creation, editing, publication, closing and reopening of client galleries. Single and multiple upload, photo management, title, description, pricing, watermarks and PIN protection. Sales mode for the purchase and download of images, and selection mode for image selection, retouching approval and delivery. Price profiles, individual prices, bundles, discounts and shopping basket calculation, insofar as configured for the gallery. Order and payment status, download of individual files or archives provided, and email notification of delivery. Gallery, selection, order and sales statistics to the extent provided in each case.

10.7 Sales, payments and analytics

Connection of the Customer's own Stripe account, insofar as provided for the respective payment process. Electronic payments and payment references, as well as confirmation of manual payment methods, insofar as offered in the process. Revenue, booking, enquiry, gallery and sales overviews, as well as export functions in the format available in each case. Payment services are technically provided by the respective payment service provider. Its terms, availability, checks and fees may apply in addition. Image sales and deposits use the Stripe procedures offered, including Stripe Connect or Payment Links. Invoice data may be transferred to a sevDesk account owned by the Customer. The contract and fees required for it are not included in the FotoBusiness price. Quotations, contracts and questionnaires can be created; the simple electronic signature offered is not a qualified electronic signature and does not replace any stricter form required by law.

10.8 Company profile and design

Maintenance of company name, address, contact details, website, logo and legal links. Design of the public booking page with the colours, fonts, backgrounds, card and button styles provided. Preview and reset to the default settings provided.

10.9 Website chat and MasterChat connections

The website chat is included in the basic subscription. Messages from website visitors can be transferred to ADON FotoBusiness and handled there. Connections of MasterChat to email, WhatsApp or Instagram are not part of the basic subscription. They may be booked separately as an add-on for EUR 8.00 net per connection and month. Cancellation takes effect at the end of the current monthly billing period, unless otherwise stated at the time of booking. A connection means exactly one account of the Customer. One account per channel (WhatsApp, Instagram and email) can currently be connected. Further parallel accounts of the same channel are offered only after prior express confirmation of availability. ADON does not charge any additional messaging fees in the standard offering described; fees under the Customer's own payment, mobile or email contracts remain separate. The connection is made via Unipile using an existing account of the Customer. WhatsApp requires an active account on a suitable mobile phone and the QR/authentication connection offered; no WhatsApp Business API service is promised. Instagram is connected via the account authorisation offered, and email via Gmail, Outlook or IMAP. The Customer provides the platform accounts, the necessary rights of use and account authorisations. ADON remains responsible for its own integration service. The connection is billed separately on a monthly basis. It ends no later than upon the end of the usable CRM access if there is no follow-on booking; fees paid in advance for the period thereafter are refunded pro rata. In the event of an internal package change with continued usable CRM, retained connections are preserved.

11. Export register and infrastructure

This register forms part of the GTC provided before ordering and specifies clause 9 in more detail. It applies exclusively to existing data of the booked service. Return owed by law and by contract is not restricted by technical limits of self-service.

The publicly documented standard route is file export. A generally documented migration API is not described as an existing function. Legally required interfaces and information are provided free of charge. Before the start of a specific switch, ADON discloses the format and structural information required for data mapping. Excluded are only the data of others (fremde Daten), internal tools and protected operational components narrowly defined in Part B clause 9.6 of the GTC.

The core infrastructure, comprising the app, database and backups, is hosted by STRATO in Germany and is subject there to the applicable German and European law. Remote administration by the ADON employee takes place from Germany. External integrations and their differing countries are governed by the deployment plan of the AVV as actually approved. The core region of Germany does not constitute a statement that all integrations process data exclusively there.

ADON protects access by means of personal permissions, encrypted transmission and restricted administration paths. In the event of requests for disclosure by authorities, ADON examines competence, legal basis and scope, uses available legal remedies against unlawful requests and informs the Customer insofar as this is legally permissible. Only data legally owed are disclosed, to the extent necessary. The protective measures do not constitute a guarantee that a lawful disclosure will never occur.

C. Special provisions for marketing, campaign and branding services

1. Nature and scope of services

1.1. The Provider shall render the marketing, consultancy, campaign, onboarding, analysis and support services agreed in the respective offer or in the package description. These may include, in particular, strategy meetings, recommendations regarding offers and target groups, the creation of campaign structures, copy and creatives, landing pages or forms, the setting up and management of Meta campaigns, evaluations and the transmission of enquiries via the agreed delivery channel.

1.2. Unless a specific work result or a guarantee pursuant to clause 5 has been expressly agreed, the Provider owes professional performance of the activity, not a specific economic success. In particular, no specific turnover, profits, paid bookings, conclusions of contracts, reach, click numbers, rankings, conversion rates or closing rates are owed.

1.3. The scope, number and duration of the marketing campaigns, the onboarding phase, the remuneration, the term and other package components are set out in the package description incorporated at the time the contract is concluded. Decisions regarding the direction of the photo shoot, the offer, prices, target group, campaign timing and advertising budget shall be made by the Customer.

1.4. Work results that are separately capable of acceptance are additionally subject to Part D. In the case of a mixed contract, the provisions relevant to the respective part of the services shall apply to that part.

1.5. Focus, Starter and Business Pro can be booked as stand-alone marketing services and are rendered independently of an ADON FotoBusiness subscription. The Customer requires neither FotoBusiness access nor any other CRM. ADON also enables campaign planning, provision of materials, approvals, support, meetings and evaluations by email and via agreed telephone or video appointments. ADON's internal use of its own software does not oblige the Customer to enter into a software contract.

1.6. The package remuneration is charged for the agreed marketing services and, where applicable, for the website services expressly called off under Business Pro. It is the same whether or not the optional FotoBusiness access is used. No notional individual CRM subscription fee is added to the marketing price. Waiver, non-use or change of this optional access alone does not reduce the remuneration for marketing services that continue to be rendered in full; statutory claims for price reduction, reimbursement and other claims remain in place.

1.7. The optional FotoBusiness basic access is provided only at the Customer's express request for the duration of the marketing contract without any additional basic fee. It requires the incorporation of the FotoBusiness description and of the associated AVV module. The Customer may end it independently in accordance with Part B clause 8.4. MasterChat connections are separate add-on services that must be expressly booked, at EUR 8.00 net per connected account per month. The ordinary transmission of marketing enquiries by email does not require a MasterChat booking.

1.8. A change or termination of the optional FotoBusiness access alone neither terminates nor extends the marketing contract. ADON shall continue the agreed marketing services in full via the delivery and communication channels pursuant to clause 4. Continuation must not be made conditional on a new CRM booking or on an additional fee solely on account of the CRM change. Mandatory statutory rights, claims for breaches of duty and the agreed guarantee remain unaffected.

2. Onboarding, planning and marketing campaigns

2.1. An agreed onboarding phase begins upon conclusion of the contract and serves in particular to record the initial situation, to check the required campaign access rights, to plan the first campaign and to prepare the transmission of enquiries technically. The email recipients and, where applicable, an interface to a customer CRM are agreed. A FotoBusiness account is set up, or continued with existing data, only if expressly chosen. The onboarding fee remunerates the marketing preparation; it does not lapse merely because the optional CRM access has not been chosen.

2.1a. For Focus, Starter and Business Pro, the initial set-up comprises one or two personal live sessions with a total duration of approximately two to three hours. The introduction comprises practical exercises and role reversal, conversation guides including a telephone script, and support in handling enquiries up to the sales conversation. During the cooperation, follow-up questions and, by arrangement, telephone or video appointments for campaign and sales support are included. Reasonable appointments shall be agreed; no specific sales success is promised. The preparation comprises checking the required Meta, domain, tracking and form access rights as well as a test of the agreed delivery of enquiries.

2.2. Each marketing campaign is managed for the period specified in the package description from the actual campaign launch. The topic and timing are agreed within the contract term. The Customer shall grant the required approvals in good time.

2.3. Where provided for in the package description, a campaign comprises in particular a strategy meeting, review of the Customer's material, creation of advertising copy for the campaign, collages and video editing from the agreed Customer material, building or adapting a landing page or form, set-up in the Customer's advertising account, one correction round before publication, ongoing monitoring and reasonable optimisation during the campaign period, and a final evaluation. Content is made available for review before publication via the agreed approval system or an agreed alternative channel. Correction requests are to be submitted in bundled form, where applicable with comments and screenshots. The remedying of defects owed by law does not use up a correction round.

2.4. Campaigns are planned and carried out within the agreed contract phase. ADON shall offer reasonable appointments in good time and shall point out when it is foreseeable that a campaign can no longer be carried out. Unused campaigns are neither automatically carried over nor paid out, insofar as the non-use is attributable to the Customer. If ADON is responsible for the non-use or if both parties contributed to it, rescheduling, consequences for remuneration and other rights are determined in accordance with the statutory requirements. A later expiry of a campaign agreed before the end of the phase does not in itself give rise to an extension of the contract.

2.5. For each four-week monthly campaign in Focus, Starter and Business Pro, the Customer shall, before it is set up, provide a selection of 25 to 35 photos of professional quality that match the advertised photo shoot or shoot topic. The photos must be sufficiently sharp, correctly exposed, suitable in terms of design for the advertised offer, and of sufficient resolution for the advertisement and landing page formats specified by ADON in good time. Any additional video files and other content required are specifically agreed in the campaign plan. The delivery date and secure transmission shall be agreed in good time. ADON may expressly confirm a suitable smaller number of images in text form. Rights and evidence are governed by Part A clause 5. The photo requirement also applies to the first campaign with a guarantee; the consequences of missing or unsuitable content are determined exclusively by its actual impact in accordance with clause 5.7. It does not apply across the board to a booking solely for a website or branding.

3. Advertising accounts, budgets and platforms

3.1. The Customer shall provide its own Meta advertising account and the required Facebook, Instagram, domain, tracking and form access rights and shall, where necessary, invite the Provider as a partner.

3.2. The advertising budget is not included in the package remuneration unless the contractual documents expressly provide otherwise. It is paid by the Customer directly to the respective platform via its own advertising account. A standard budget stated in the package description is a planning figure; the budget actually agreed remains authoritative.

3.3. While the campaigns are managed by ADON, the Customer and third parties engaged by it may not make any changes to the campaigns managed by ADON without ADON's prior consent in text form. This applies in particular to advertisement content, images, videos, target groups, budgets, running times, placements, tracking, as well as access rights and account settings, insofar as these affect the managed campaigns. Change requests shall be submitted to ADON and implemented by ADON after consultation. The Customer remains entitled to inspect and monitor the campaigns.

3.3a. Measures necessary to avert specific security incidents, unlawful publications or imminent damage are exempt. The Customer shall inform ADON thereof without undue delay. The right to give ADON a justified stop instruction remains in place. Implementation and stops are additionally governed by clause 9.2.

3.3b. The consequences of a breach for the 30-enquiry guarantee are governed exclusively by clauses 5.7 and 5.7a. A breach does not automatically result in loss of the guarantee; what is decisive is a proven actual interruption and its cause.

3.4. Blocks, reviews, fluctuations in reach, rejections or technical restrictions by Meta, Perspective or other third-party providers are not entirely within the Provider's sphere of influence. The Provider remains responsible for its own careful set-up, monitoring, provision of information and reasonable response.

4. Enquiries and handling by the Customer

4.1. ADON shall transmit the enquiries received within the agreed campaign scope, together with the available contact and form data, to the email address confirmed by the Customer. At the Customer's request, ADON FotoBusiness or a CRM owned by the Customer with a suitable webhook interface agreed in advance is used as the delivery channel. Before the campaign launch, the recipients, data fields, transmission channel and a functional test are documented. Making contact, consultation, scheduling appointments, making offers, concluding contracts and any further handling are the responsibility of the Customer.

4.2. An enquiry is not a commitment to an appointment, a paid booking, turnover or profit. A stand-alone sale of a fixed number of leads is not owed. The 30-enquiry guarantee below is a conditional package guarantee and not a separate lead package.

4.3. Email delivery and a standard webhook connection agreed in advance as suitable, without individual software development, are included in the marketing price. Special programming, additional data conversion or set-up with a third-party provider require a separate offer specifying scope and price and an express order. In the absence of such an order, the agreed email delivery is available. Switching support owed by law remains free of charge in accordance with Part B clause 9. Fees for a third-party CRM engaged by the Customer itself are borne by the Customer in accordance with that CRM's terms.

4.4. The Customer shall designate a reachable recipient address and, for a desired connection to a third-party CRM, provide the necessary authorisations and technical details. ADON shall check its own connection, inform the Customer of discernible transmission errors and re-transmit affected enquiries after the error has been remedied or via the agreed secure alternative channel. If the webhook is disrupted or unsuitable, the confirmed email address is used as a fallback. If this channel also fails, ADON shall agree on a secure alternative means of provision. ADON remains responsible for its own transmission errors; mere internal recording does not constitute proper delivery.

4.5. In the event of a change of delivery channel, the changeover date, new recipients, open enquiries and a successful test shall be agreed in text form. Until the changeover is operational, ADON shall use an available agreed alternative channel so that campaign management is not suspended solely because of the CRM change. The Customer shall provide the cooperation required for this; statutory switching and termination periods are not extended as a result.

4.6. Enquiries are transmitted on the documented instructions of the Customer to confirmed recipients, subject to appropriate security measures. The AVV also applies to marketing services without ADON FotoBusiness. In the case of a third-party CRM engaged directly by the Customer, the Customer is responsible for its agreement with that provider; if ADON engages an additional transmission service, the sub-processing and third-country rules of the AVV apply. The choice of an email address or a webhook does not constitute a blanket permission for unsecured transmissions or unchecked transfers to third countries.

5. One-off 30-enquiry guarantee

5.1. The 30-enquiry guarantee applies once to the first four-week marketing campaign of the first-time cooperation, provided that the booked package description expressly includes it. It does not arise again for later campaigns, nor upon a renewal or a change of package.

5.2. The measurement period is 28 calendar days from the actual, documented launch of the first campaign. ADON shall notify the start and end in text form. The prerequisites are a daily Meta budget of at least EUR 20.00 for this campaign that has been approved by the Customer and is usable and the timely provision of the 25 to 35 suitable photos pursuant to clause 2.5 as well as of the other content, rights, consents, approvals and access rights required. A flat-rate minimum total budget of EUR 600.00 is not required. After documented provision of the 30 qualified enquiries, the Customer may request a change to the daily budget; implementation takes place in accordance with clause 3.3; the guarantee already fulfilled is not retroactively cancelled as a result. Until then, if the budget is lacking, only the causation-based rules of this guarantee apply. Lower actual delivery by Meta alone does not constitute a budget shortfall for which the Customer is responsible.

5.3. A qualified enquiry is a genuine, non-duplicate contact enquiry that is thematically relevant to the advertised campaign, made by a person from the photographer's region agreed before the campaign launch, with a usable name and at least one working means of contact. The region is defined in the campaign plan by a specific reference point and a radius or a clearly described area; as a rule, this is approximately 20 to 30 km, depending on location and size of the town. The regional attribution is documented on the basis of available suitable location data; the setting of the advertisement target group alone does not prove the origin of an individual enquiry. An enquiry without a verifiable regional attribution is not counted towards the guarantee. Existing customers also count if the other requirements are met. Spam, tests, evidently false details and duplicates are not counted. The mere failure to respond to an attempt at contact does not invalidate an otherwise valid enquiry. A paid order or a binding intention to book is not a prerequisite.

5.4. ADON shall document the enquiries with the time of receipt, campaign attribution, available contact and location data, regional attribution and delivery channel, irrespective of any use of FotoBusiness, and shall provide the evaluation in a storable form by email or via a secure download. CRM access is not required for this. Demonstrably incorrect attributions or counts shall be corrected. Enquiries not properly provided are not counted towards the guarantee merely on the basis of internal recording. The documentation does not have irrebuttable evidential effect and does not exclude other evidence.

5.5. If fewer than 30 qualified enquiries are achieved within the relevant measurement period, the Customer may terminate the affected marketing package contract extraordinarily in text form within 14 calendar days after the end of the measurement period. If ADON provides the evaluation required for review at a later date, this period begins only upon its receipt. The termination ends the package upon receipt; until then, the agreed entitlement to services remains in place.

5.6. Following an effective termination on the basis of this guarantee, ADON shall refund a separate onboarding fee actually paid for the affected package, in the case of regular Focus or Starter EUR 1,500.00 net plus any VAT charged. The refund shall be made within 14 calendar days after the termination takes effect. Business Pro has no separate onboarding fee and therefore no corresponding refund amount. Monthly fees for periods up to termination, Meta advertising budget spent and third-party charges justifiably incurred are not refunded on the basis of this guarantee. Package remuneration paid in advance for periods after termination shall be repaid pro rata.

5.7. If the first guaranteed campaign is actually interrupted because the Customer, despite a timely request, fails to provide the required usable budget, suitable photos and rights of use, access rights or approvals, or withdraws them through an intervention attributable to the Customer, the measurement period is paused for the documented duration of the interruption caused thereby. It is extended by this duration and by a demonstrably necessary reasonable restart period. The same applies in the event of a significant platform disruption for which ADON is not responsible, insofar as it actually interrupts the performance of the campaign. ADON shall state the cause, start and effects in text form, shall allow reasonable remedy where gaps in cooperation can be remedied and shall notify the new end of the measurement period after resumption. Qualified enquiries already counted remain credited; the target of 30 qualified enquiries remains unchanged.

5.7a. A mere breach of duty, a necessary replacement of images or a legally required protective measure does not result in an automatic loss of the guarantee. Without a proven actual interruption, the measurement period is not extended pursuant to clause 5.7. ADON's own errors and platform errors attributable by law are not charged to the Customer. ADON may not rely on an interruption insofar as it was caused by ADON's own breach of duty. A pause in the guarantee measurement does not automatically extend the term of the marketing contract. The guarantee and statutory claims are not retroactively extinguished by the mere expiry of the contract term. In the event of continued lack of cooperation, the statutory rights and the provisions on cooperation and termination of the contract apply; the interruption does not give rise to any flat-rate additional payment obligation or contractual penalty.

5.8. The guarantee relates to enquiries, not to appointments, paid bookings, turnover or profits. Individually agreed further-reaching commitments and statutory rights on account of defects, breaches of duty or a justified extraordinary termination are restricted neither by the guarantee conditions nor by the 14-day period.

6. Materials and rights to campaign content

6.1. For images, videos, music, logos, trade marks, text bases and other materials provided by the Customer, the obligations regarding rights, consents and evidence pursuant to Part A clause 5 apply. The Customer grants ADON the non-exclusive rights of use required for the agreed performance of the contract, limited in territory and time to this purpose, including the agreed editing and publication. The allocation of responsibility and indemnification are governed by Part A clauses 5.2c and 9.5.

6.2. Unless otherwise agreed, the Customer receives a non-exclusive right of use in the advertising copy and creatives produced by ADON for a campaign, limited to the specifically agreed campaign including its documented running time. Subsequent reuse or use by another agency is not included and requires a separate agreement. Upon request, ADON shall provide existing final advertising materials in a customary output format for documentation purposes. Editable project files, templates and exclusive rights are transferred only if this has been expressly agreed. Rights to the Customer's own materials remain with the Customer; statutory rights to surrender and data export remain unaffected.

6.3. The rights to a separately created customer website are governed exclusively by Part D and are not limited in time to an individual campaign by clause 6.2.

7. Term, renewal, termination and change of package

7.1. The term, notice period and automatic renewal of the booked package are set out in the respective package description or in a prevailing individual agreement. In the absence of timely termination, the same package continues at the agreed price and with the same ongoing scope of services. A different package is provided only on the basis of an express booking or agreement in accordance with the following change rules.

7.2. For Focus and Starter, the contract begins with a one-off onboarding of 30 calendar days; the six-month main term begins on the 31st calendar day. Unless either party gives notice of termination no later than one month before the end of the main term or of a subsequent contract period, the booked package is renewed in each case for a further six months. Focus continues to cost EUR 550.00 net per month, a total of EUR 3,300.00 net per renewal period, and again includes two four-week campaigns. Starter continues to cost EUR 850.00 net per month, a total of EUR 5,100.00 net per renewal period, and again includes three four-week campaigns. An expressly chosen FotoBusiness basic access remains usable on request without any additional basic fee. VAT and additional advertising budget are governed by the agreed terms. No new onboarding phase and no new onboarding fee arise. No automatic change to Business Pro takes place.

7.3. Business Pro initially runs for twelve months and is renewed in each case for a further twelve months unless either party gives notice of termination no later than one month before the end of the respective contract period. The price remains at EUR 790.00 net per month, a total of EUR 9,480.00 net per twelve-month period. Each period again includes six four-week campaigns and the agreed ongoing scope of services, including, where applicable, the commissioned website maintenance; the optionally chosen FotoBusiness access remains usable without any additional basic fee. VAT and additional advertising budget are governed by the agreed terms. The optional website creation may be claimed only once during the entire Business Pro contractual relationship. The introductory guarantee pursuant to clause 5 does not arise again through a renewal for any package.

7.4. The automatic renewal applies only if it was clearly agreed before conclusion of the contract, including price, scope of services, duration and notice period. The conditions incorporated at that time remain authoritative. ADON does not promise any additional reminder before expiry of the notice period or before the already agreed renewal takes effect. Fresh consent to this unchanged renewal is not required. Mandatory statutory notifications and information expressly promised for an existing contract remain unaffected. Silence does not constitute consent to new prices, services or other contractual amendments.

7.5. Termination may be declared in text form by email to info@adonsolutions.de or via a designated function in the customer account. It may already be declared during the initial term, with effect from the next possible ordinary termination date. What is decisive is its timely receipt by ADON. ADON shall confirm receipt and the end date. Statutory termination rights and other rights to end the contract, as well as the guarantee pursuant to clause 5, remain unaffected. A request to switch or terminate relating exclusively to the CRM access is handled in accordance with Part B clause 9 and clause 7.15. If the scope of the declaration is unclear, ADON shall enquire; mandatory periods are not extended as a result.

7.6. A change to a different marketing package requires an express booking or agreement. It is not triggered by the automatic renewal. What is decisive are the target package description, the price, the change date, the term and the other change conditions displayed before confirmation.

7.7. Upgrades from Focus to Starter or Business Pro and from Starter to Business Pro take effect, where so offered in the customer account, on the first day of the following calendar month. If the upgrade is ordered on the first calendar day or less than 24 hours before the start of the next month and the change can therefore no longer be properly prepared, the change is postponed to the first day of the calendar month thereafter. The change date specifically displayed before confirmation is always decisive.

7.8. The previous package remains active until the confirmed first payment for the target package. After payment, the target package is activated with the confirmed change date; a payment within a granted grace period does not postpone the displayed start of the term. Only upon activation is the previous package contract replaced with effect for the future. New marketing campaigns or other additional services of the target package can only be used from this activation.

7.9. No further onboarding flat fee is charged for an upgrade pursuant to clause 7.7. Insofar as already paid billing periods of the previous package overlap with the target package, the principles on pro rata residual credit pursuant to Part B clauses 8.10 to 8.12 apply mutatis mutandis.

7.10. If the first payment for an upgrade pursuant to clause 7.7 fails, the Customer is granted a grace period of seven calendar days for payment confirmation, unless immediate clarification is required for security or abuse-prevention reasons. If no confirmed payment is made within this period, the upgrade is not activated; the previous package continues on its previous terms.

7.11. An upgrade scheduled for the future may be cancelled via the designated function in the customer account up to 24 hours before the confirmed change date. The previous package remains unaffected by this. A scheduled termination of the previous package is replaced by the activation of the upgrade only if this consequence was separately displayed before confirmation.

7.12. A change to a lower or differently structured package is offered only if an effective termination has already been scheduled for the previous package. The change takes effect at the confirmed end of the previous contract. If the Customer withdraws the termination, any associated change that has not yet been executed is cancelled. Cancelling only the change of package leaves the termination of the previous contract unaffected.

7.13. A scheduled change pursuant to clause 7.12 may be cancelled up to the date stated in the change confirmation, as a rule one month before the change date. In the case of a later booking, any shorter cancellation period shall be expressly stated before the order is placed. The termination of the previous package remains unaffected thereby. If the first payment for the target package fails, a grace period of seven calendar days may be granted. The previous package nevertheless ends on the confirmed termination date; without successful payment, the target package is not activated.

7.14. As long as an upgrade, another change of package or a payment confirmation is still pending, a further change of package may be refused. ADON shall communicate the current status and the relevant dates in text form and shall additionally display them in the customer account, where one exists. Customers without a CRM account may also agree a marketing booking or a change of package in text form. Existing terminations and statutory rights are not cancelled by a pending change procedure.

7.15. The agreed marketing term and the monthly payment dates remain in place in the event of a mere CRM change, insofar as ADON continues the independent marketing services in accordance with the contract. Neither does a new marketing term begin nor does this give rise to a claim for immediate payment of all future monthly instalments. An ordinary termination of the marketing contract takes effect at the end of the agreed period. Mere non-use or the wish for a different CRM does not give rise to any additional contractual right to terminate the marketing services early.

7.16. Statutory rights to early termination remain in place, in particular termination for good cause and, insofar as applicable to the affected part of the services, termination rights under the law on contracts for work. In the case of a remediable breach of duty, the remedial period or formal warning required by law must be observed; statutory exceptions remain unaffected. Following an effective early termination, remuneration, reimbursement and any damages are governed by the relevant statutory basis and the reason for termination. Expenses saved, other earnings to be credited and a required mitigation of damage are taken into account. Set-up or knowledge transfer already paid for is not charged again. These GTC do not give rise to an indiscriminate claim to all remaining monthly instalments after every effective termination.

8. Meta Branding and other add-on packages

8.1. If Meta Branding has been separately booked as a stand-alone add-on package, the service comprises only the scope of campaigns, collages, management and analysis described in the individual contract. A specific number of enquiries or other success is not owed unless a different guarantee has been expressly agreed.

8.2. Advertising budgets are borne additionally by the Customer. Replacement cycles for collages, relaunches and other recurring services are set out in the individual contract.

8.2a. In the case of Meta Branding for the ADON website, ADON shall create four collages at the start and replace them after every six months of ongoing management with four newly created collages. The regular renewal is included in the agreed management price. Content, formats, cost framework, publications and relaunches are approved before implementation. Additional collages and early renewals require a separate agreement on scope and price; statutory remedying of defects remains free of charge.

8.3. For separately booked add-on packages, the contract terms stated before the order apply. Meta Branding under the website product description initially runs for twelve months and is renewed in each case for a further twelve months at the agreed price and with the same ongoing scope of services unless either party gives notice of termination no later than one month before the end of the respective period. Part C clause 7.4 applies mutatis mutandis. Meta Branding does not require FotoBusiness access and does not in itself include such access without a basic fee. Statutory termination and switching rights remain unaffected. The website add-on tariff of EUR 29.00 per month can only be booked together with the separately commissioned HTML website and ongoing maintenance and ends at the latest with that maintenance; fees paid in advance for the period thereafter are refunded pro rata. It is to be distinguished from the branding management included in the marketing package.

8.4. In contrast to separately remunerated Meta Branding, Focus, Starter and Business Pro include, at the Customer's express request, the full management of an accompanying reach/branding campaign without any additional management fee. The advertising budget to be paid additionally by the Customer is, in principle, EUR 5.00 per day during the approved period. ADON recommends two to three months for the start; this gives rise neither to an obligation nor to an automatic launch of advertisements or an unlimited running time of the advertisements. Approvals, content, period, budget and changes are documented. The branding management does not use up any of the four-week campaigns included in the package and does not give rise to its own 30-enquiry guarantee. It ends at the latest with the marketing contract; a paid continuation requires a new express booking.

9. Approvals, stop instructions and final documentation

9.1. Before publication, the content, offer price, campaign period, target group, advertising account and advertising budget are recorded in a campaign plan or an equivalent message and approved by the Customer in text form. Silence does not replace approval. The approval relates to the information provided by the Customer; it does not remove ADON's own duties of review, implementation or remedying of defects.

9.2. The Customer may have the delivery of its advertisements stopped via info@adonsolutions.de or the expressly agreed project channel. Independent pausing by the Customer or by third parties engaged by it requires ADON's prior consent in text form; necessary protective measures pursuant to clause 3.3a remain permissible even without prior consent. ADON shall implement a justified stop instruction received without undue delay. In case of doubt as to its scope, the evidently affected advertisements are paused as a precaution and the ambiguity is clarified. ADON shall document receipt, the actual technical implementation and any technically unavoidable run-on. A relaunch or a budget increase requires a new approval.

9.3. A stop of advertisements alone does not terminate the entire package contract. Consequences for remuneration, expenses saved and, where applicable, damages are governed by the statutory requirements and the reason for the stop. Costs of a delayed switch-off for which ADON is responsible are not imposed on the Customer on a flat-rate basis. A platform's billing date is not necessarily the date on which the advertisement was delivered.

9.4. After a campaign, ADON shall provide a comprehensible evaluation of the available campaign, enquiry and budget data and shall keep a comprehensible record of approved measures, material changes and stop instructions. A benchmark for conversion, reach or booking rate constitutes a binding guarantee of quality or success only if this has been specifically agreed.

9.5. At the end of the contract, accounts owned by the Customer, required access rights and existing Customer-related data are provided in accordance with the agreed handover obligations and statutory information obligations. Accounts owned by the Customer remain assigned to the Customer. Access credentials to ADON-internal multi-client accounts are not disclosed; instead, the required transfer or a suitable export takes place. The deletion of personal data follows the AVV and is not carried out before any return that is still owed.

9.6. If only the FotoBusiness access ends, its data are returned or deleted in accordance with Part B and the AVV. Campaign and enquiry data still required for the continuing marketing engagement are processed exclusively to the extent agreed for this purpose and in accordance with the associated AVV. A continued marketing engagement does not justify a blanket retention of the entire previous CRM data set.

D. Special provisions for website creation and other services under a contract for work

1. Subject matter of the contract and optional website in Business Pro

1.1. The Provider creates only the websites, texts, graphics, creatives or other work results capable of acceptance that are specifically agreed in the contract or in the package description. A specific result is owed only with regard to the expressly described work, not with regard to its economic effect.

1.2. The option of a one-off website creation included in Business Pro is voluntary. The Customer is not required to make use of it. If the Customer decides to do so, the website is created only upon express order and a complete briefing.

1.3. For the ADON website, the Customer's own domain must be transferred to the STRATO hosting environment managed by ADON. The Customer remains the domain holder and grants the required transfer authorisations. During the maintenance period, ADON bears the hosting costs and the costs of the agreed domain; a standard email mailbox is included. Merely pointing the domain from another domain provider does not satisfy this requirement. If a Business Pro customer does not commission the optional ADON website, it may retain its existing website; in that case, no domain transfer is required solely on account of the package booking. Maintenance of a website created by a third party is included only if expressly agreed.

1.4. A website may also be commissioned by a separate individual contract, including optional FotoBusiness, chat, hosting, maintenance or Meta Branding services. The selection made therein is authoritative.

2. Briefing, content and production period

2.1. After placing the order, the Customer receives a briefing form or questionnaire. Creation begins only once this has been returned in full, all required content, images, logos, mandatory information, access rights and approvals are available and any agreed creation flat fee has been paid.

2.2. Unless the contractual documents provide otherwise, the Provider shall provide a first website draft within 30 calendar days after complete provision of the required cooperation and receipt of any expressly agreed creation advance payment. Delays caused by the Customer extend the period in accordance with Part A clause 4.2.

2.3. The included standard website is an HTML website with a total of up to 20 pages, consisting of a home page and up to 19 subpages, including any contact, legal notice and privacy pages. The page structure, including required legal pages, and the content are agreed in the briefing. A self-service content management system is not included. Additional functions or a larger scope require a separate agreement.

2.4. The creation includes, on a one-off basis, basic technical search engine optimisation, in particular page structure, headings, page titles and descriptions, as well as technical retrievability (crawlability) by search engines, including Google. Further Google integrations or measures are specifically agreed in the briefing. Ongoing SEO support, a specific ranking, indexing or economic success are not promised.

2.5. Legal texts, their legal review and special accessibility, industry, archiving or compliance requirements are owed only if they have been expressly agreed. Mandatory statutory obligations of the Provider remain unaffected.

2.6. ADON creates the agreed website texts on the basis of the text bases, images, logos, service and price information provided by the Customer. Missing necessary documents are identified promptly. The Customer provides the required legal content. An expressly agreed one-off creation flat fee is due as an advance payment upon conclusion of the contract; statutory rights in the event of non-performance or defective performance remain unaffected.

3. Corrections and change requests

3.1. Website creation includes two correction rounds for bundled design feedback within the agreed scope: the first after presentation of the first draft, the second at the final presentation for remaining minor adjustments. The remedying of defects owed by law does not use up a correction round and is not limited to two rounds.

3.1a. Further correction rounds and additional website work outside the included scope are remunerated at EUR 130.00 net per hour plus VAT applicable by law, according to the actual time spent. ADON shall inform the Customer of the scope and expected effort before carrying out the work; execution requires an express order. A foreseeable overrun of the approved effort shall be agreed before further chargeable work is carried out. The remedying of defects is not chargeable additional work.

3.2. Further correction rounds, new subpages, special functions, fundamental changes of concept or subsequent extensions are rendered only after separate agreement and may be charged additionally.

3.3. The Provider examines change requests for their impact on content, deadlines and remuneration. Implementation begins after approval of the supplementary offer. Without approval, the work is completed according to the most recently agreed status.

4. Acceptance

4.1. After notification of completion, the Customer shall examine the work within a reasonable period and declare acceptance if the statutory requirements are met. Acceptance may not be refused on account of insignificant defects pursuant to § 640(1) BGB. Reservations on account of known defects are documented.

4.2. Deemed acceptance is governed exclusively by § 640(2) BGB. After completion, ADON shall set a reasonable period for acceptance; ten working days may be reasonable depending on the scope. The statutory fiction does not take effect if the Customer refuses acceptance within the period, stating at least one defect. The setting of the period identifies the work and points out the statutory consequence.

4.3. Going live or productive use does not constitute acceptance solely on the basis of these GTC. Whether, in the circumstances, this constitutes implied acceptance is determined by the statutory requirements. Use for testing purposes and use subject to a declared reservation regarding defects are not deemed to constitute unconditional acceptance.

4.4. Defects and reservations known at the time of acceptance shall be documented. The Provider shall remedy justified defects within a reasonable period.

5. Rights of use in websites and other works

5.1. The Customer grants the Provider the non-exclusive rights in its materials required for the creation, editing, technical integration, reproduction and publication of the commissioned work for the purpose of performing the contract.

5.2. After acceptance and full payment of the remuneration attributable to the work that has fallen due by then, the Customer receives a non-exclusive right, unlimited in time and territory, to use the website texts, designs and files created individually for it for its own business, insofar as third-party rights do not conflict with this. This includes use on its own domain and the reproduction technically required for a change of provider.

5.3. Pre-existing tools, libraries, templates and third-party software remain assigned to their rights holders. Insofar as they are required for the contractual use of the delivered website, the authorisation covers their use and technically necessary reproduction, including hosting with another provider, within the framework of the third-party terms specified before conclusion of the contract. The customer-specific HTML, CSS and JavaScript code contained in the agreed standard file copy is not excluded from surrender across the board. Development environments, internal tools and separate project source files are owed only if expressly agreed.

5.4. Resale of the work as a stand-alone product, use for other businesses or removal of mandatory rights notices is not permitted without separate consent. Mandatory statutory entitlements remain unaffected.

5.5. By way of derogation, campaign-specific content (aktionsbezogene Kampagneninhalte) is governed by Part C clause 6. Permanent use of the customer website is not ended by the end of a marketing or hosting contract; technical availability, however, depends on continued hosting or a timely change of provider.

6. Warranty rights for defects and subsequent performance

6.1. The Provider warrants that the work has the agreed quality upon acceptance. Any quality, compatibility or suitability going beyond this is owed only if it has been expressly agreed.

6.2. The Customer shall describe defects in a comprehensible manner. ADON is given the opportunity for subsequent performance (Nacherfüllung) in accordance with the statutory requirements. The type, scope and reasonable period depend on the defect and its urgency; there is no obligation, applying without exception, in respect of two attempts at rectification (Nachbesserungsversuche). Statutory rights in the event of failure, refusal, unreasonableness or dispensability of a deadline remain unaffected.

6.3. Insofar as changes made by the Customer or third parties cause a defect, ADON is not responsible for it. If such changes make examination more difficult, reasonable cooperation shall first be agreed. Independently existing warranty rights for defects do not lapse merely because of a change.

6.4. The statutory limitation periods apply to claims for defects. Liability for damages is additionally governed by Part A clause 9.

7. Legal responsibility of the Customer

7.1. The Customer is responsible for the legal permissibility and accuracy of its website content and business information. This applies in particular to the legal notice, data protection and cookie notices, consent management, price information, service descriptions, image and trade mark rights and the consent of persons depicted.

7.2. The Provider may refuse to put unlawful or evidently infringing content live until the matter has been clarified. The Customer remains obliged to provide lawful replacement content in good time.

E. Special provisions for hosting, domains, email and ongoing website maintenance

1. Technical provision

1.1. Where booked, the Provider shall provide the website in a hosting environment managed by it or with a carefully selected hosting service provider and shall assume the agreed technical administration.

1.2. In the case of a maintained ADON website, the Customer remains the holder of the agreed domain. During the maintenance period, ADON bears the costs of this domain in the STRATO environment managed by ADON. The Customer authorises ADON to carry out the required technical administration, in particular transfer, DNS, certificates, email and going live. Further chargeable domains are set up only after an express booking.

1.3. The Customer shall provide the required AuthInfo codes, provider authorisations and confirmations in good time. In the event of problems with the previous provider, ADON shall provide support to the agreed extent. A delay caused by the Customer has an effect only in accordance with its actual cause. ADON's own obligations and statutory responsibility remain in place.

2. Email and data backup during transfer

2.1. Before a domain or email transfer, the Customer shall back up existing emails, contacts, calendars, forwarding rules, signatures, mailbox contents and other data, unless a specific migration or backup by the Provider has been expressly agreed.

2.2. A standard email mailbox is included in the agreed ADON website maintenance. The specific scope of the tariff is stated before the order is placed. Archive migrations, multiple end devices and special configurations are separate services unless they have been expressly commissioned as well. Before a domain transfer, ADON shall point out affected existing mailboxes and required backup or migration steps.

3. Ongoing maintenance and minor changes

3.1. Ongoing maintenance includes, per monthly service period, one minor adjustment of existing text or the replacement of one existing image within the existing layout. Unused call-offs are not carried over. An adjustment ordered in good time but not yet completed by ADON in accordance with the contract does not lapse as a result. New pages, new functions and fundamental design work are not included. Work expressly commissioned in addition is invoiced in accordance with the agreed remuneration; the remedying of defects remains independent of this.

3.2. Further correction rounds and additional work outside the included scope cost EUR 130.00 net per hour according to the actual time spent. ADON shall describe the additional scope and the expected effort in advance. The execution and a foreseeable overrun of the approved effort require an express order in text form or in the online process. The remedying of defects is not charged as additional work.

4. Availability and disruptions

4.1. ADON provides the agreed hosting in a professional manner. A particular percentage availability or fixed rectification time is promised only by express agreement. Part B clauses 6.1 to 6.4 apply mutatis mutandis. Statutory rights relating to performance, defects and liability remain unaffected.

4.2. The Customer shall report disruptions without undue delay. The Provider shall take reasonable measures within the agreed scope of maintenance and, where necessary, coordinate with the hosting service provider.

5. Term and end of contract

5.1. Separately booked website maintenance and the FotoBusiness add-on tariff booked with it each initially run for twelve months from provision. They are renewed in each case for a further twelve months at the agreed price and with the same ongoing scope of services unless either party gives notice of termination no later than one month before the end of the respective period. The website creation and one-off set-up costs do not arise again as a result of the renewal. The FotoBusiness add-on tariff ends at the latest with the associated website maintenance. For a website included in a marketing package, the term of that package applies. Part C clause 7.4 applies mutatis mutandis; statutory termination and switching rights remain unaffected.

5.2. For a website created within the Business Pro package, hosting, agreed domain costs, a standard email mailbox and one minor adjustment per month are included during the package term without any additional basic website fee. They end with the package, subject to handover. Subsequent maintenance at EUR 39.99 net per month arises only through a new express booking.

5.3. After the end of Business Pro, the website continues to be provided for 30 calendar days for handover purposes, provided that the Customer does not request an earlier switch-off and no legal or security-related reasons preclude this. Upon request, ADON shall provide the available AuthInfo code and a standard file copy free of charge within seven calendar days. A switch-off after the handover period shall be announced in text form at least seven calendar days in advance. Longer switching and retrieval periods required by law take precedence.

5.4. For a separate website, the same handover and notice periods apply as under clause 5.3. An individually agreed or mandatory statutory provision with a longer period takes precedence. After effective termination, no new chargeable follow-up maintenance arises without an express booking.

5.5. The surrender of an AuthInfo code and of an agreed standard file copy is to be distinguished from an active migration. If the Provider is to set up the domain, email mailboxes or website with the new provider and put them live, this is a service that must be commissioned separately. A transfer flat fee agreed in the individual contract, in particular EUR 350.00 net, applies only to this additional active transfer service and not to switching actions owed free of charge by law.

5.6. After expiry of the agreed handover and backup period, the Provider may delete the website and mailbox data remaining with it, insofar as no statutory retention obligations or deviating agreements exist.

5.7. Insofar as hosting or other services under this Part are to be classified as a data processing service within the meaning of Regulation (EU) 2023/2854, the statutory switching rights and Part B clause 9 apply mutatis mutandis.

F. Final provisions

1. Set-off, retention and assignment

1.1. The Customer may only set off claims that are undisputed or have been finally established by a court. Counterclaims arising from the same contractual relationship and mandatory statutory rights of set-off remain unaffected.

1.2. The Customer is entitled to exercise a right of retention only on account of claims arising from the same contractual relationship, unless mandatory law provides otherwise.

1.3. The Customer may assign claims not directed at payment of money only with the Provider's prior consent; consent may not be unreasonably withheld. § 354a HGB and other mandatory assignment rights remain unaffected.

2. Declarations and form

2.1. Legally relevant declarations may be made at least in text form, unless the contract or the law requires a stricter form. Individual agreements take precedence irrespective of standard-form clauses on form.

2.2. Oral collateral agreements exist at the time of conclusion of the contract only insofar as they were demonstrably made individually. Amendments and supplements should be recorded in text form for documentation purposes.

3. Applicable law and place of jurisdiction

3.1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory conflict-of-laws provisions remain unaffected.

3.2. For Customers with their registered office in Germany, the Provider's registered office is agreed as the place of jurisdiction only insofar as § 38 ZPO permits this, in particular in the case of merchants (Kaufleute). For cross-border contracts, the relevant international rules on jurisdiction apply, in particular the Brussels Ia Regulation and the Lugano Convention; these GTC do not establish a blanket exclusive place of jurisdiction for this purpose. Mandatory jurisdictions always remain unaffected.

4. Severability

4.1. Should any provision be or become invalid or unenforceable in whole or in part, the remaining provisions shall remain valid. The invalid or unenforceable provision shall be replaced by the statutory provisions.

4.2. Any contractual gap shall be closed in accordance with the statutory rules of interpretation and supplementation. A standard-form reduction to the extent permissible (geltungserhaltende Reduktion) is not intended.

5. Contract language and contact

5.1. The contract language is German. Translations are for information purposes only, unless they have been expressly agreed as binding.

5.2. Contact for contractual declarations, notices of termination, support requests and switching declarations:

ADON Solutions Viktor Obholz

Am Hasengründlein 13

91413 Neustadt an der Aisch

Email: info@adonsolutions.de

Websites: www.adonsolutions.de | www.adon-crm.de