Provider and scope
These terms of service (“Terms”) govern all services provided by Frank Bartels — Agentur für Digitales und Innovation, Erich-Weinert-Straße 51, 10439 Berlin, Germany (“Provider”). Counterparties are entrepreneurs within the meaning of §14 of the German Civil Code (BGB), and — exclusively for the digital products described in Part B — also consumers within the meaning of §13 BGB. These Terms apply exclusively. Conflicting terms of the customer do not become part of the contract unless the Provider has expressly agreed to them in writing.
Language and venue
Contract language is German (an English translation is provided for convenience). German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis entrepreneurs, the exclusive place of jurisdiction is Berlin, Germany. For consumers, statutory rules on jurisdiction apply.
Part A — Consulting (B2B)
A.1 Conclusion of contract
Contracts on consulting services, workshops, audits and related services are concluded by a written offer from the Provider and the customer's written acceptance — including by email. The statement of work signed by the Provider defines the binding scope.
A.2 Scope of services
The scope of services is defined in the respective order confirmation or statement of work. Consulting services are services within the meaning of §611 BGB; the Provider owes diligent, expert effort but not a specific commercial outcome. In particular, no specific ROI, cost saving or market position is guaranteed.
A.3 Customer cooperation
The customer provides all required information, data and points of contact in due time. Delays caused by late or incomplete cooperation by the customer are not at the Provider's expense.
A.4 Fees and payment
Fees follow from the respective offer and are quoted exclusive of statutory VAT. Fixed fees are due 50% at project start and 50% at acceptance, unless agreed otherwise. Day rates are invoiced monthly. Payment terms: 14 days net from invoice date.
A.5 Deadlines and force majeure
Agreed deadlines are binding to the extent they are expressly marked as binding. In the event of force majeure (including pandemics, official orders, strikes, prolonged failure of material providers), delivery deadlines are extended accordingly; no claim for damages due to delay arises in this case.
A.6 Confidentiality
Both parties undertake to treat all confidential information of the other party obtained during the course of the contract as confidential and to use it solely for the purpose of the contract. This obligation continues for three years after the end of the contract.
A.7 Rights to work products
Upon full payment, the customer obtains a non-exclusive, unlimited (in time and territory) right of use to the work products created under the contract for the uses contemplated by the contract. The Provider reserves the right to use general concepts, methods and tools developed during the engagement for other customers as well.
A.8 Liability
The Provider is liable without limitation for intent and gross negligence as well as under the German Product Liability Act and for injury to life, body or health. For ordinary negligence, the Provider is liable only for breach of material contractual obligations (cardinal duties), in which case liability is limited to the foreseeable damage typical for the contract. Any further liability is excluded.
A.9 Termination
Time-based consulting contracts may be terminated by either party with 30 days' notice to the end of a calendar month, unless agreed otherwise. The right to extraordinary termination for cause remains unaffected. Fixed-scope projects are aimed at the agreed scope; services already rendered must in any event be paid for.
Part B — Digital products (Online courses, Toolkit, Book)
Part B applies to all digital products offered by the Provider via own pages or via third-party platforms (in particular Stan.Store, payment processed via Stripe) — such as online courses, toolkits, e-books and similar content.
B.1 Conclusion of contract
The display of products does not constitute a binding offer. By clicking the order/payment button, the customer makes a binding offer. The contract is concluded with the order confirmation email or the provision of access.
B.2 Prices and payment
Prices toward consumers are gross prices including applicable VAT. Payment is processed via the methods offered on the order page (typically Stripe via Stan.Store). The Provider does not receive card or account data directly; it is processed exclusively by the respective payment service provider.
B.3 Provision
Digital products are made available immediately after successful payment — either via access to the relevant learning platform, a download link or another form of content delivery. The Provider endeavours to ensure uninterrupted availability but does not owe it in absolute terms (e.g. maintenance windows).
B.4 Rights of use
The customer obtains a non-exclusive, non-transferable, time-unlimited right of use exclusively for private purposes (or, for B2B purchases, for the customer's own internal business). Reproduction, dissemination, public performance or commercial exploitation are prohibited.
B.5 Right of withdrawal for consumers
Consumers have the statutory right of withdrawal described below. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity (§13 BGB).
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.
To exercise the right of withdrawal, you must inform us by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract:
Frank Bartels — Agentur für Digitales und Innovation
Erich-Weinert-Straße 51
10439 Berlin, Germany
Email: hello@thedigitalagency.io
To meet the withdrawal deadline, it is sufficient that you send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than fourteen days after the day on which we received the notification of your withdrawal. We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no event will you be charged any fees for this reimbursement.
Early expiry of the right of withdrawal for digital content
For a contract on the supply of digital content not on a physical medium (in particular online courses, toolkit downloads, e-books), the right of withdrawal under §356(5) BGB expires when the Provider has begun to perform the contract after the consumer has
- expressly consented to the Provider beginning performance before the withdrawal period has expired, and
- confirmed their awareness that, by giving consent, they will lose their right of withdrawal upon the start of performance.
We obtain this consent expressly during the order process (e.g. via a checkbox prior to completing payment).
B.6 Warranty and update obligation
Statutory warranty rules apply. For digital products toward consumers, §§327 et seq. BGB additionally apply, including the update obligation for the duration of ordinary use.
Part C — Final provisions
C.1 Online dispute resolution
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
C.2 Severability
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory rule.
C.3 Changes to these Terms
We reserve the right to adjust these Terms when the legal landscape or scope of services changes. For ongoing contracts, the version that the customer agreed to at the time of conclusion applies.