Terms and conditions

Makaly is committed to protecting the privacy and personal data of its users. This Privacy Policy describes how we collect, use, and share user information through our website and services (collectively, the “Service”).

‍§ 1 Scope

1. These terms and conditions apply to all services provided to our clients by ALWA Marketing (Lüdtke & Alalwani GbR), owner: Nils Lüdtke and Basel Alalwani, Alte Dorfstraße 14A, 70599 Stuttgart, hereinafter referred to as “the agency”. These conditions supplement any contractual agreement between the agency and the client.

2. Only these conditions apply to the relationship between the agency and the customer.

‍§ 2 Scope of Services

1. The provider provides the following services:

  • Social media content creation and management (SM content)
  • Social media advertising (SM Ads)
  • Google Ads
  • email marketing
  • design

These services are aimed at both business customers (B2B) and private customers (B2C).

2. The exact services are specified in the respective offer, which is concluded between the agency and the customer.

3. The Agency undertakes to carefully carry out the assigned tasks and to comply with the specifications and conditions set out in the contract.

‍§ 3 Modification of the service

1. Changes to the agreed services after conclusion of the contract require a new written agreement between customer and agency.

2. Services provided by the agency that are not contractually agreed or carried out on its own authority are not subject to remuneration.

‍§ 4 Customer obligations

1. Customer cooperation is crucial for the success of the services. The customer is required to provide the agency with appropriate support and to provide necessary information and materials.

2. The customer is obliged to take necessary measures to perform the services and to inform the agency accordingly.

3. If the customer fails to comply with the obligations to cooperate, the agency may suspend its services until these obligations have been fulfilled.

‍§ 5 Implementation of services

1. The agency carries out the services independently and in compliance with the contractual requirements and the relevant legal provisions.

2. The customer is liable for the quality and legal compliance of the content provided by him.

‍§ 6 Contractual disorders

1. If there are obstacles to the performance of the service for which the agency is not responsible, this will be immediately notified to the customer.

2. Delays due to force majeure or unforeseen events will result in a reasonable extension of the execution deadlines.

‍§ 7 Data transmission and documents

Documents and data are transmitted primarily electronically, if required in PDF format.

‍§ 8 Liability and indemnification

1. If the agency's service includes the creation of content (e.g. social media, texts, images, videos), the customer is responsible for the compatibility of the content with the rights of third parties. This applies in particular to the rights of third parties arising from telemedia and press law claims as well as claims under trademark, competition and drug advertising law. The customer checks and ensures that the content does not violate legal provisions or recognized rules of conduct of professional associations. The agency does not carry out its own legal review of the terms or the content contained on the customer's pages. The agency is not responsible for a legal review of the content.

2. The customer warrants that he is the owner of all rights necessary for the contractual use of the content, in particular that he has the necessary copyright, trademark, intellectual property, personal and other rights and can transfer them to the agency for the purpose of fulfilling the contract or can grant the agency these rights, in terms of time, location and content, to the extent necessary for the execution of the contract.

3. If third parties assert claims against the agency with the allegation that the customer's contextual presence or their content breaches legal provisions and/or violates their rights, the customer will indemnify the agency from all third-party claims upon first request and reimburse any additional costs and damages, in particular from the costs of appropriate legal defense.

‍§ 9 Termination and Withdrawal

1. Both parties may terminate the contract extraordinarily in the event of material breaches of the terms of the contract or if the other party fails to pay.

‍ § 10 Acceptance of benefits

1. Acceptance is carried out by the customer declaring that the services provided meet the contractual requirements, even if there are minor defects.

‍§ 11 Adjustment of conditions

The agency reserves the right to adjust the terms and conditions and terms of service, provided that this is within the limits of what is reasonable for the customer.

‍§ 12 Intellectual property

The customer receives comprehensive rights to use all works created by the agency.

‍§ 13 Data Protection

The protection and security of personal data is important to us. Customers' personal data is collected and processed exclusively for the purpose of carrying out the contractually agreed services.

‍§ 14 Jurisdiction

‍For all disputes arising from this contract, the place of jurisdiction is the seat of the agency. Only the law of the Federal Republic of Germany applies.