General terms and conditions
for the "SOCIALMONK" service
1.1 Majuma GmbH, Schatzbogen 33, 81829 Munich, e-mail: email@example.com operates an Instagram management service called “SOCIALMONK”, which can be accessed on the Internet at the URL www.socialmonk.net. With SOCIALMONK, users can subscribe to an Instagram manager that promotes the reach of an Instagram profile by generating followers and likes.
1.2 The offer is addressed to consumers and entrepreneurs. Consumer is according to § Any natural person who makes a purchase on SOCIALMONK for a purpose that is predominantly not attributable to his or her commercial or self-employed professional activity. Entrepreneur in the sense of § 14 BGB (German Civil Code) is any natural or legal person or partnership with legal capacity who, upon conclusion of the contract, acts in the exercise of his commercial or independent professional activity.
1.3 These General Terms and Conditions (GTC) are an integral part of the contract and apply to all, and therefore also future, business relationships between Majuma GmbH and you in connection with the SOCIALMONK service. The GTC are accepted by you in full in the version applicable at the time of the conclusion of the contract. Any regulations deviating from these terms and conditions, in particular also your possible general terms and conditions, are hereby contradicted.
1.4 As far as Majuma GmbH updates these GTC, it will inform its customers immediately about the new version. The new GTC shall become part of the contract if the customer has agreed to them or does not object to the GTC within two weeks after notification of the update.
2. performance models, registration, profile
3. offers, order and conclusion of contract
3.1 All our offers are always subject to change and non-binding. You have the option of taking out a weekly or monthly subscription with us. To conclude the contract, first click on the “SUBSCRIBE NOW” button for the desired subscription model. In the next step, you will be asked to provide further information about you as a contractual partner. In particular, you must provide your first name, last name and address. In addition, you can choose one of the payment methods we offer. You will then be taken to the “ORDER OVERVIEW”, where you will once again receive an overview of your subscription as well as the obligatory order information. Here you can make final changes and view your order. By clicking the button “ORDER FOR PAYMENT” you submit a binding application to conclude the subscription contract. However, the application can only be submitted and transmitted if you accept these contractual conditions by clicking on the checkboxes “GENERAL TERMS AND CONDITIONS” as well as “DATA PROTECTION CONDITIONS” and thereby include them in your application.
3.2 We will then send you an order confirmation by e-mail in which your order is listed again and which you can print out using the “Print” function. The order confirmation represents the acceptance of your offer. If you do not receive the order confirmation within 24 hours after placing your order, please contact us immediately.
3.3 We point out that Majuma GmbH is entitled to use the e-mail address of the customer provided during the conclusion of the contract to send him direct advertising for its own similar goods or services. The customer may object to this use of his e-mail address at any time without incurring any costs other than the transmission costs according to the prime rates. To object, you can contact us by mail at Majuma GmbH, Schatzbogen 33, 81829 Munich, by contact form or by e-mail: firstname.lastname@example.org.
4. term and cancellation of a subscription
Subscription contracts are initially concluded for the selected period (1 week/ 1 month). They are automatically renewed for the same period until the customer cancels the contract before the end of the respective term. You can send us a notice of termination in text form (by letter or e-mail).
5. prices payment, set-off, right of retention
5.1 The prices stated on our website at the time of the order shall apply. Prices are shown in EURO (€) and US dollars ($). For orders placed by consumers from Germany and other EU countries, all prices include the applicable German statutory value-added tax (gross final price). Orders from customers from Germany or other EU countries, which show a VAT identification number, are made at the applicable net final price, this is the gross final price less the applicable German statutory VAT. For orders placed by customers, regardless of whether the customer is a consumer or an entrepreneur, from third countries that are not part of the EU, the stated prices are net, i.e. without the applicable German statutory sales tax. Customers from third countries are responsible for all local taxes and other levies in connection with the conclusion of a SOCIALMONK subscription.
5.2 The subscription price, including all additional costs, if any, shall initially be due upon conclusion of the contract, as well as upon each renewal of the contract for the respective term of the subscription. Payments shall be made without discounts or other deductions, unless another mode of payment is expressly agreed in writing, and shall be made in accordance with the provision in Section 6 below by PayPal or credit card prior to the provision of the Subscription Services.
5.3 In the event of a renewal of a subscription (see clause 4), you shall pay a renewed fee for the renewal period. The subscription price for the renewal period will be charged at the beginning of the renewal period via the payment method you selected when placing your order.
5.4 The obligation to pay the subscription price in full remains unaffected if Majuma GmbH cannot provide the services owed for reasons that are not within its sphere of influence (e.g. due to lack of notification of the current Instagram access data or private switching of the Instagram profile by the customer, unavailability of Instagram, blocking of any kind by Instagram).
6. payment options
The following payment options are available to you when concluding a contract on SOCIALMONK:
6.1 Credit Card (via Stripe, Inc.):
Before completing your order, you select “CREDIT CARD” and the corresponding credit card type listed there. You then enter the required data of your credit card, which is transmitted via Secure Socket Layer (SSL) encryption technology to our payment service provider Stripe, Inc., 185 Berry Street, Suite 550, San Francisco, California 94107, USA. We will then charge your credit card upon conclusion of the contract.
If there is an incorrect, duplicate or unauthorized charge on your credit card account, please contact our customer service department via email at email@example.com or via contact form. In case of unjustified refund requests, we will further charge a processing fee in the amount of 25,- EUR in addition to the costs incurred by us.
Before completing your order, select “PayPal” – a service of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg – as your payment method. Please follow the further instructions on our website or from “PayPal”. Before the final completion of your order, you will be asked in a separate window by “PayPal” to initiate the payment. Once this payment process is completed at “PayPal”, you complete the actual ordering process.
7. general principles of service provision
7.1 Statements and explanations regarding the services of the “SOCIALMONK” service on the websites, social media presences or other advertising materials of Majuma GmbH shall not be understood as a guarantee or assurance of a property. Statements regarding “SOCIALMONK” constitute warranties or representations in the legal sense only if they are expressly designated as “warranties” or “representations”. Unless otherwise agreed, Majuma GmbH does not owe any success with regard to the services provided by the “SOCIALMONK” service, i.e. in particular no specific number of followers, likes or comments, etc. Since an increase in the size and reach of an Instagram profile depends on a variety of factors, in particular on the quality and frequency of the content posted by the customer, Majuma GmbH also owes no increase in the number of followers, likes or comments on the Instagram profile of the customer.
7.2 Majuma GmbH shall be entitled to use the assistance of subcontractors within the scope of the provision of services.
7.3 The customer shall support Majuma GmbH to the necessary extent in the provision of services. In particular, the customer shall provide Majuma GmbH with the necessary access data for the Instagram profile that is the subject of the contract in a timely manner. With the order confirmation emails (see above under section 3.2) or with a separate email, the customer will receive information on how to submit his Instagram access data to Majuma GmbH for the purpose of managing his profile on this social network. The customer is solely responsible for immediately notifying Majuma GmbH of any change in his access data during the term of the contract via a secure transmission channel. With the termination of the contractual relationship, the customer has the post-contractual obligation to change the password for his Instagram account for security reasons.
7.4 The Customer warrants that it is the owner or provider of the Instagram account that is the subject of the contract.
7.6 The Customer publishes and uses content on Instagram at his own risk. The completeness, truthfulness, accuracy or reliability of the content published by the customer on the social network in his account are in no way confirmed, supported, represented or guaranteed by Majuma GmbH with the implementation of the SOCIALMONK services.
7.7 The Customer warrants that his Instagram profile does not contain any illegal and/or abusive content. This includes content that violates laws, is pornographic, racist, anti-Semitic, discriminatory and/or violates human dignity. Majuma GmbH is under no obligation to conduct a legal review of the customer’s content. The customer is solely responsible for their legality. However, Majuma GmbH shall be entitled to discontinue the provision of services and to terminate the contract with the customer without notice in the event of the publication of any illegal and/or abusive content by the customer or a third party commissioned by the customer.
7.8 The customer releases Majuma GmbH from any liability in case of violations of clauses 7.5-7.7 of these GTC and assumes the necessary costs of legal defense in the event of a legal claim against Majuma GmbH.
8. cancellation policy
8.1 If you conclude a contract with us as a consumer, you are generally entitled to a statutory right of withdrawal, which we inform you about below in accordance with the statutory model. In para. 8.2 you will find a sample revocation form.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform Majuma GmbH, Schatzbogen 33, 81829 Munich, e-mail: firstname.lastname@example.org of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
8.2 Sample cancellation form
(If you want to cancel the contract, please fill out and return this form).
Address: Schatzbogen 33, 81829 Munich, Germany
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable
9. liability and availability
9.1 Liability on the part of Majuma GmbH – irrespective of the legal grounds – shall only arise if the damage
by culpable violation of an essential contractual obligation or essential secondary obligations in a manner that endangers the achievement of the purpose of the contract, or
due to gross negligence or intent on the part of Majuma GmbH
has been caused.
9.2 If Majuma GmbH is liable pursuant to Section 9.1a) for the breach of a material contractual obligation without gross negligence or intent, liability shall be limited to the extent of damage that Majuma GmbH typically had to expect at the time of the conclusion of the contract based on the circumstances known to it at that time. This applies in the same way to damages caused due to gross negligence or intent by employees or agents of Majuma GmbH who are not its directors or officers. Liability for consequential damages, in particular for loss of profit or compensation for damages suffered by third parties, is excluded unless Majuma GmbH is guilty of intent or gross negligence.
9.3 Claims for damages under the Product Liability Act and for damages arising from injury to life, body or health shall remain unaffected by the above limitations of liability.
9.4 The above limitations of liability shall also apply in favor of any legal representatives and vicarious agents of Majuma GmbH that may be involved.
9.5 If the customer acts as an entrepreneur (clause 1.2), Majuma GmbH shall be liable for a maximum period of one year from the determination of the breach of duty.
9.6 Any liability claims shall lapse if the customer intervenes of its own accord in the sphere of Majuma GmbH, modifies services of Majuma GmbH in any way whatsoever, regardless of the extent to which such modifications take place or have taken place. Furthermore, Majuma GmbH is expressly not liable for damages due to sanction measures by Instagram because of the provision of the commissioned SOCIALMONK services (e.g. action blocks, account blocking, etc.), nor for the availability of Instagram.
10. data protection
10.1 When handling your personal data, we comply with all provisions of the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). and are entitled to collect, process and use all data relating to the business relationship with you in compliance with these laws.
11. information on alternative dispute resolution
EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/.
For consumer disputes with us would be the consumer dispute resolution service online arbitrator. Center for European Consumer Protection e.V., Bahnhofsplatz 3, 77694 Kehl, www.online-schlichter.de responsible. However, we are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12. choice of law, place of jurisdiction
To the extent permitted by law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected. The exclusive place of jurisdiction for disputes with customers who act as consumers and do not have a general place of jurisdiction in Germany, who move their place of residence abroad after conclusion of the contract or whose place of residence is not known at the time the action is brought, shall be at our respective registered office. The same applies to legal disputes with customers who act as merchants within the meaning of § 38 ZPO.
Status: August 2022