Terms and conditions

1. Scope and contracting party

These terms apply to individually agreed services of Positive Group Deutschland GmbH, Ingeborg-Krummer-Schroth-Straße 18a, 79106 Freiburg im Breisgau, Germany, initiated through neue-weg-treuhand.de. The offering is exclusively for businesses acting in their commercial or independent professional capacity under section 14 of the German Civil Code, public-law legal entities and public-law special funds.

These terms become part of a contract when their inclusion is agreed. They can be reviewed before the contract is concluded. Individual agreements and mandatory law take precedence.

2. Quotations and engagements

The website describes our services; it is not a binding offer. An enquiry does not commit you to commissioning work. A contract is formed when both parties agree the services and fees. The agreement should be recorded in text form for documentation.

Extensions and changes, including their effect on deadlines and costs, are agreed before implementation. The website has no ordering or payment function.

3. Services

Services include project organisation, coordination and documentation, together with planning and support for B2B communication and email marketing. The scope agreed for each engagement determines the work owed.

No particular revenue, business results, delivery rates or open rates are promised. Financial, payment and custody services, legal and tax advice, and medical advice, diagnosis and treatment are outside this offering. Any specialist services required must be agreed separately with appropriately authorised providers.

4. Cooperation and approvals

The customer names a contact person and provides the information, documents and approvals needed in good time. The customer identifies special requirements and third-party rights. Both parties agree review and approval stages.

Where missing cooperation delays the work, the timetable is adjusted to reflect the actual effect. Additional chargeable work requires a separate agreement.

5. B2B email marketing

Advertising emails generally require prior express consent. The existing-customer exception applies only where every condition of section 7(3) of the German Act Against Unfair Competition is met. Data protection requirements must also be satisfied.

The customer supplies traceable evidence of the origin of recipient data and permission to contact recipients. Purchased or rented lists, addresses harvested from websites, unverified third-party lists and assumed interest are not accepted as a sending basis. Unsubscribed contacts are suppressed for the advertising they have rejected.

Sending takes place only where expressly commissioned, permission has been established and content approved. Where there are justified doubts about lawfulness, the affected activity may be paused until clarified. The Anti-Spam Policy also applies.

6. Fees

Service periods, fees, agreed expenses and payment deadlines are set out in the individual quotation. VAT is charged in addition where legally required. Using the website or making a non-binding enquiry does not create a charge.

Additional services and third-party costs are agreed in advance. Statutory rules on due dates and late payment remain unaffected.

7. Confidentiality and data protection

Both parties keep non-public project information confidential and use it only for the work together. Statutory disclosure, retention and evidence duties remain unaffected.

Where personal data is processed on a customer’s behalf, the parties conclude the required Article 28 GDPR agreement before processing begins. This defines matters including purposes, roles, providers, deletion rules and safeguards. The website privacy notice does not replace that agreement.

8. Rights of use

The customer ensures it can use supplied materials for the agreed purposes. Rights to use newly created content are defined in the engagement. Copyright retained by law remains unaffected.

Names, project results or materials are published as references only with separate consent.

9. Service issues and liability

For defects or other service issues, statutory rights apply according to the agreed contract type. Please describe concerns as clearly as possible so they can be addressed.

Statutory law governs liability. These terms do not limit liability.

10. Duration and final provisions

The engagement determines its duration, dates and ordinary termination arrangements. Statutory termination rights, particularly for good cause, remain unaffected. These terms do not provide for automatic renewal.

German law applies subject to mandatory statutory rules. No special place of jurisdiction is agreed. If a provision is invalid, statutory rules take its place.