TERMS OF SERVICE
General terms and conditions and customer information in the context of offers that pertain to activities
in digital marketing and similar tasks between Lean & Sharp GmbH (under the brand name), hereinafter
referred to as “provider”, and the customer, hereinafter referred to as “customer”.
- Scope and general information
(1) Subject to individual agreements and arrangements that take precedence over these terms and
conditions, the following general terms and conditions apply exclusively to the business relationship
between the provider and the customer in the version valid at the time of the order. By signing the offer,
the customer agrees to its validity and inclusion in the contract. Conflicting terms and conditions of the
customer do not apply expressly unless the provider expressly agrees to their validity in written form. - Conclusion of contract
2.1. The offer of Lean & Sharp, including the demonstrations offered, is free of charge.
2.2. Unless otherwise specified in the offer, Lean & Sharp remains bound by the offer for 30 days from the
date of issue.
2.3. The contract is concluded by signing the offer or by accepting the offer in written form. - Subject matter of contract, condition, delivery, and availability of goods
(1) The subject of the contract is the services specified in the contract at the final prices stated in the
offer (plus VAT).
(2) The exact scope of the services delivered results from the descriptions in the offer. No other
descriptions or agreements are valid unless they are explicitly mentioned in the offer.
(3) If the package selected by the customer in the contract offer is temporarily or permanently
unavailable, the provider will inform the customer of this in the order confirmation. If a contractually
described service is delayed by more than two weeks, the customer has the right to withdraw from the
contract. In this case, the provider is also entitled to withdraw from the contract, provided that the
contract is based on a continuing obligation. The provider is also entitled to a right to a solution if an
unforeseeable impediment to performance occurs and cannot be overcome by reasonable expenditure,
unless the provider is responsible for this itself. The provider will immediately reimburse any payments
already made by the customer. - Provision of services, prices, and other costs
(1) The provision of services for one-off services such as SEO audit or SEO keyword research begins
within 7-14 working days after the offer is signed, unless otherwise agreed in the offer. Regular services
are provided monthly within the agreed time frame, as long as the contract is active.
(2) All prices stated on the provider’s website or in the offer are exclusive of the applicable statutory
value-added tax.
(3) In addition to the costs agreed in the contract, additional costs for chargeable third-party services
(including click costs for Google Ads or Facebook advertising) may apply. The customer will be informed
about this in advance. These costs are billed by the respective platforms directly to the customer via the
stored credit card.
(4) The provider is entitled to commission subcontractors in whole or in part to fulfill the order. This
includes, in particular, but not exclusively, the subsidiary Lean & Sharp Ukraine. - Payment modalities, set-off, and right of retention
(1) The customer can make the payment by bank transfer or direct debit. In the case of one-off services, in
selected cases, it will be possible to purchase them directly on our website using credit cards (Visa and
Mastercard) via the Stripe application.
(2) Payment is due immediately after receipt of the invoice. Unless otherwise agreed, the payment
deadline is 30 days net. This payment term defines the point in time by which the amount invoiced must
be received on the Lean & Sharp account at the latest. If the due date of the payment is determined
according to the calendar, the customer is already in default by missing the date. In this case, the
customer receives a first reminder with a net payment term of 15 days. From the 2nd reminder, default
interest in the amount of 5 percentage points above the respective base rate is owed.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default
damages by the provider.
(4) The customer can only offset counterclaims that have been judicially determined, are undisputed, or
have been recognized in written form by the provider. The customer can only exercise a right of retention
if the underlying claims arise from the same contractual relationship. - Minimum contract term, termination
(1) For monthly services, the minimum contract term is 3, 6, or 12 months, depending on the agreement,
and is automatically extended at the end of the agreed period (if otherwise is not offered), unless the
contractual relationship is continued in writing form 1 month before the end of the period (post or
e-mail) and provided no different individual agreements have been made.
(2) The contract can be terminated by the provider in accordance with paragraph 1 at any time without
giving reasons.
(3) The right to extraordinary termination for good cause remains unaffected.
(4) The termination must be made in writing (post or email).
- Liability
(1) Claims of the customer for damages are excluded.
(2) This excludes claims for damages by the customer against the provider, his legal representative, or
vicarious agents due to injury to life, body, or health. Also excluded are claims for damage to property
and financial losses against the provider, his legal representative, or vicarious agents, insofar as an
essential contractual obligation has been violated. However, the amount of the claim is limited to the
damage that was foreseeable and typical for the contract when the contract was concluded. Essential
contractual obligations are those whose violation would jeopardize the achievement of the contractual
purpose. The provider is also liable for other damage that is based on an intentional or grossly negligent
breach of duty by him(her), his(her) legal representative, or vicarious agent.
(3) Liability is excluded in particular in the event of disadvantageous changes to the search engine
placement during the implementation or after the completion of the contractually owed services. The
placement is determined exclusively by the search engine operators and for this reason cannot be
guaranteed by the provider. - Notes on data processing and confidentiality
(1) The provider receives access to customer data as part of the execution of the contracts. He(she)
observes the statutory provisions. Without the customer’s consent, the provider will only process or use
the customer’s data insofar as this is necessary for the execution of the contractual relationship.
(2) Without the express consent of the customer, the provider will not use the customer’s data (such as
files, access data, or traffic statistics) for the purposes of advertising, marketing, or opinion research or
pass them on to third parties.
(3) The customer undertakes to keep secret all business and trade secrets, contractual conditions, and
other information that the provider has an obvious interest in keeping secret in the course of the
execution of the contract, unless these are generally known. This applies, in particular, to information
that affects search habits or the technical requirements of the search engines, as well as the information
that relates to the way they work or the correspondence with the provider. This obligation also applies
after the contract work has been completed for a further two years.
(4) The provider does not check the data provided to him(her) by the customer for any rights of third
parties to them. In this respect, the liability risk lies exclusively with the customer. The customer hereby
releases the provider from all claims by third parties in connection with the transfer of data.
- Copyrights
(1) The structure and content of the provider’s website are protected by copyright. The reproduction of
information or data, especially the use of parts of the site or images, requires the consent of the provider
in text form.
(2) If subjects are created on behalf of the customer, these remain the property of the customer. - Links to other websites
(1) Insofar as the website of the provider refers to or links to third party websites, no guarantee or
liability can be assumed for the correctness or completeness of the content and the data security of these
websites. Since the provider has no influence on the compliance with data protection regulations by third
parties, the customer should check the data protection declarations offered separately. - Final provisions
(1) The law of the Swiss Confederation applies exclusively to contracts between the provider and the
customer. This choice of law only applies to consumers if it does not violate any mandatory statutory
provisions of the country in which they have their domicile or habitual residence. The application of the
UN sales law is expressly excluded.
(2) The place of jurisdiction for any disputes arising from this contract as well as for the existence of this
contract is Meilen ZH (Switzerland), unless mandatory law provides for another place of jurisdiction.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.
(4) We reserve the right to make changes to these terms and conditions.
