(1) Application: These General Terms and Conditions apply to all contracts between JS-Media and the customer, provided the customer is an entrepreneur as defined in Section 14 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), a legal entity under public law, or a special fund under public law.
(2) No contracts with consumers: JS-Media only enters into B2B contracts. Contracts with consumers (Section 13 BGB) will not be concluded. By entering into the contract, the customer warrants that they are acting as a business (entrepreneur/trader) and not as a consumer. Therefore, a right of withdrawal under Sections 312g, 355 BGB (German distance selling law) does not apply in this B2B context.
(3) Priority of these GTC: These GTC apply exclusively. Any deviating or supplementary terms and conditions of the customer shall not become part of the contract unless JS-Media has expressly agreed to their application in writing. This requirement of consent also applies if JS-Media, being aware of the customer's contrary GTC, provides services without reservation.
§ 2 Services by JS-Media and Customer Cooperation
(1) Scope of services: Depending on the individual agreement, JS-Media provides services in the field of social media marketing and content production. This includes in particular the creation of digital content (e.g. authentic short videos such as reels under 1 minute, long-form videos over 5 minutes, photos, carousel posts), the development of content strategies, ongoing remote management of the customer's social media presence, as well as on-site filming by arrangement. Unless expressly agreed otherwise in writing, JS-Media does not owe the achievement of a specific work result.
(2) No guaranteed success: JS-Media makes no guarantee of any particular commercial or promotional success. In particular, JS-Media gives no warranty of achieving specific outcomes (for example, a certain number of new employees, customers, or revenue gained through the created content or ads). If certain target figures or metrics (e.g. reach, ROI, conversion rates) are agreed upon, they are merely aspirational goals and not a guaranteed result in the sense of a contract for work under §§ 631 ff. BGB. JS-Media is not liable for achieving such targets, and the customer has no claim to the actual attainment of these goals.
(3) Customer’s duty to cooperate: The customer is obligated to perform all required acts of cooperation fully, correctly, and in a timely manner, as needed for JS-Media’s service delivery. In particular, the customer must provide JS-Media in a timely fashion with all necessary information, materials (e.g. logos, product images, login credentials for social media accounts, etc.), and approvals for created content. If the customer omits or delays a cooperation act, thereby preventing or delaying JS-Media’s performance, JS-Media’s claim to payment remains unaffected by such delay or omission.
(4) Acceptance of content / approval of proposals: The customer must promptly review content and concept proposals created by JS-Media and either approve them or clearly articulate any desired changes. If the customer, without good cause, repeatedly rejects JS-Media’s content proposals that align with the agreed briefing and are objectively suitable, then the respective service will be deemed fulfilled and the content considered approved. In such case, JS-Media may cease making further adjustments, and JS-Media’s payment claim remains in place.
(5) Flexibility in service delivery (performance design and technology): With regard to the services owed by JS-Media, JS-Media has a right to determine the specifics of performance at its equitable discretion pursuant to Section 315 BGB. JS-Media may decide, in good faith, on the concrete manner of service delivery unless expressly agreed otherwise. In particular, JS-Media may select or change technologies, software tools, or methods at its discretion during the contract term, provided that this does not adversely affect the quality of the services.
(1) Form of contract conclusion: The contract between JS-Media and the customer can be concluded either in writing (by signing a contract document) or orally. An oral contract conclusion can occur, for example, via a video call, telephone call, or similar remote meeting.
(2) Mutual declarations of intent: If the contract is concluded orally (e.g. by phone or video call), it is formed by oral offer and acceptance statements of both parties during the conversation that correspond in content. JS-Media may confirm an orally concluded contract subsequently in text form (e.g. by email). In case of doubt, a written contract or written confirmation from JS-Media will reflect the terms of the agreement.
(1) Prices and VAT: All prices quoted by JS-Media are net prices and are understood to be plus statutory VAT at the applicable rate. JS-Media will issue the customer a proper invoice showing the VAT amount.
(2) Due date of payment: The compensation for the agreed services becomes due immediately upon invoicing, unless the offer provides otherwise. The customer agrees to transfer the invoiced amount without delay after receiving the invoice to the bank account specified by JS-Media.
(3) Payment methods: Payments to JS-Media shall be made exclusively via bank transfer to the bank account named on the invoice. Other payment methods (in particular direct debit, credit card, PayPal or similar services) are not accepted unless individually agreed in writing.
(4) Third-party costs and travel expenses: All third-party costs incurred in the course of service delivery that are not attributable to JS-Media shall be borne by the customer. This includes in particular fees for third-party services (e.g. advertising fees on social media platforms, license fees for stock material, third-party tools) or material costs. If travel or on-site appointments are necessary for fulfilling the contract, the resulting travel expenses (including transport costs, accommodation, and per diems either on an actual cost basis or as pre-agreed flat rates) shall be covered by the customer.
(5) Offsetting and retention: Both parties may only offset against the other’s claims with counterclaims that are undisputed or finally adjudicated by law. The same applies to exercising any right of retention. The customer may withhold payments only to the extent that their counterclaim arises from the same contractual relationship and is either legally established or acknowledged by JS-Media.
(1) Definition of additional services: Additional services are understood to be any services or deliverables not expressly included in the main contract or offer scope, but which the customer requests or utilizes beyond that scope. Such additional services will be charged separately. JS-Media will inform the customer of any additional costs before providing additional services, unless these were already agreed upon in advance.
(2) Examples and categories: Typical additional services outside an agreed package include (without limitation):
(3) Pricing and billing: The specific quantity and compensation for any additional services will either be defined in the main contract or agreed separately before execution. Unless otherwise agreed in writing, the usual rates of JS-Media (per the current price list or offer) apply for additional services. Additional services are generally billed per effort or unit and will be invoiced as well. Payment for additional services must be made by the customer as provided in § 4.
(4) No unapproved excess work: Additional work beyond the agreed scope will only be performed with the customer’s prior approval (JS-Media will not unilaterally exceed the budget). The customer thus retains full control over any potential extra costs.
(1) Minimum term: The contract has the minimum term specified in the individual main contract. If no minimum term is expressly agreed, the minimum term is 3 months from the start of the contract.
(2 )Renewal: If the parties have agreed on an automatic renewal, then upon expiry of the initial term the contract will renew for the same duration as originally agreed, unless terminated by either party with one month’s notice to the end of the term. If no automatic renewal was agreed, the contract ends upon expiration of the fixed term without requiring termination.
(3) No ordinary termination: Ordinary termination of the contract before the end of the minimum term is excluded. Likewise excluded is any ordinary termination between contract conclusion and the agreed start of service provision. The right to terminate for good cause (extraordinary termination) remains unaffected.
(4) Form of termination: Any termination must be in writing to be effective (at least text form, e.g. by email if sufficient in the individual case, or by letter/fax). Upon request, JS-Media will confirm receipt of a termination notice to the customer.
(1) No performance before payment and cooperation: Any time periods or deadlines for JS-Media’s performance begin to run only after the agreed upfront payment or first installment has been received in JS-Media’s account and the customer has provided all information, documents, and cooperation necessary for the service. If the customer delays fulfilling these prerequisites, any agreed performance deadlines will be postponed accordingly.
(2) Right to refuse performance in case of payment default: If the customer is in default on due payments, JS-Media is entitled to withhold or refuse further performance under the contract until the outstanding amount is paid. JS-Media will first send the customer a reminder and set a reasonable grace period before suspending services.
(3) Default on installment payments: If installment payments are agreed and the customer is in default with at least two consecutive installments, in whole or in part, then the entire remaining balance of the agreed compensation becomes immediately due. In such case, JS-Media is entitled to cease further performance and to terminate the contract for cause.
(4) Exclusion of free termination right: Any statutory rights of the customer to freely terminate or withdraw from the contract (in particular under §§ 648, 648a BGB for service contracts) are, to the extent permitted by law, excluded by this B2B agreement. The customer thus cannot prematurely end the contract without cause without remaining obligated to pay the agreed compensation.
(5) Default interest and dunning fees: In the event of payment default by the customer, JS-Media may charge default interest at the statutory rate pursuant to § 288 BGB. For entrepreneurs, this is currently 9 percentage points above the base interest rate per year. JS-Media may also claim a fixed default fee of €40 under § 288(5) BGB. The customer is allowed to prove that no damage, or substantially less damage, was incurred. For each additional reminder after default occurs, JS-Media may charge a flat dunning fee of €5.00, unless a higher damage is proven in an individual case. JS-Media reserves the right to claim further damages from default (e.g. costs of a collection agency or attorney).
(1) Service provision and subcontractors: JS-Media will perform the agreed services professionally and with due care. JS-Media is permitted to engage third parties (agents or subcontractors) to fulfill the contract, provided this does not disadvantage the customer regarding service quality or timing.
(2) Service contract, not work contract: The customer is aware that JS-Media – unless expressly agreed otherwise in writing – provides services and does not owe a specific work result. In particular, creating content or strategies is to be understood as a service, not a guarantee of success. At the customer’s request, JS-Media will, within a reasonable period, provide information on the services rendered under the contract (e.g. activity logs, reports on content created, posts published, etc.) to ensure transparency about the performance status.
(3) Hindrance caused by customer: If JS-Media is prevented from providing the agreed services due to reasons within the customer’s sphere (e.g. missing cooperation, delayed approvals, extensive last-minute change requests, customer-induced scheduling changes), JS-Media’s claim to the agreed compensation remains unaffected. Such customer-caused hindrance does not constitute a breach of duty by JS-Media.
The customer warrants that all materials, templates, data or content they provide to JS-Media (e.g. logos, graphics, photos, text, music, video material, brands, etc.) are free of third-party rights, or that the customer has obtained all necessary usage rights and permissions for JS-Media to use those materials on the customer's behalf as per the contract. The customer shall indemnify JS-Media against all third-party claims that are asserted against JS-Media due to infringement of copyright, trademark, personal or other protective rights arising from the content provided by the customer. This indemnification includes reasonable costs of legal defense.
(1) Grant of usage rights: The customer is granted a simple (non-exclusive) right of use to the work results created and delivered by JS-Media under the contract. Work results within the meaning of this contract include all content, works, deliverables, or parts thereof created by JS-Media for the customer in the course of performing the services. This particularly includes – without limitation – all information, documents, analyses, photo and video recordings produced, know-how acquired during contract performance, designed advertisements, graphics or drawings, provided files and data collections, created concepts (e.g. editorial plans, content strategies), defined personas/target group profiles, prepared scripts, as well as other creative works. Any interim results are also considered work results under this provision until they are finalized.
(2) Condition of full payment: The granting of the usage rights in paragraph 1 is subject to the full payment of the owed compensation by the customer. Until the customer has paid in full, JS-Media may temporarily prohibit the customer from using the work results.
(3) Installment payment: If installment or partial payments have been agreed, the usage right transfers fully to the customer only upon payment of the last installment. Until all installments are paid, JS-Media remains the holder of all rights to the delivered work results.
(4) No transfer or modification without consent: The customer may not transfer the work results or any derived content to third parties – including the customer’s affiliated companies – without JS-Media’s prior consent. The usage right is granted to the customer for their own business purposes only. Any editing or modification of the copyrighted work results by the customer or third parties is only permitted with JS-Media’s prior consent (see Section 23 of the German Copyright Act, UrhG); mandatory statutory provisions remain unaffected. (Note: The customer's right to publish, reproduce, and make the delivered content publicly available on their social media channels as part of the granted usage rights remains, of course, unaffected — that is exactly the purpose for which the content is created.)
JS-Media may name the collaboration with the customer and the services provided as a reference only with the customer’s prior written consent. In particular, JS-Media will not use the customer’s name, company logo, or specific content created for the customer in JS-Media’s own marketing (e.g. on JS-Media’s website or in presentations) without the customer’s permission. Absent such consent, JS-Media will treat the collaboration as confidential and will not cite the customer as a reference client. This obligation does not apply if the customer has made the collaboration public themselves or if there are overriding legal disclosure obligations.
(1) Limitation of liability: JS-Media is liable to the customer for damages – regardless of the legal ground – only in cases of intent or gross negligence by JS-Media, its legal representatives or vicarious agents. In cases of simple negligence, JS-Media is only liable:
a) for damages resulting from injury to life, body, or health, and
b) for damages resulting from breach of a fundamental contractual obligation (an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies). In that case, JS-Media’s liability is limited to compensation for the foreseeable, contract-typical damage.
(2) Data loss and product liability: Within the limits of paragraph 1, JS-Media is not liable for loss of data or software errors that are the customer’s responsibility. Liability for data loss is, in amount, limited to the typical cost of restoration that would have accrued if the customer had made regular and risk-appropriate data backups. Liability under the German Product Liability Act and for any guarantees expressly given remains unaffected by the above liability limitations.
(3) Actions of third parties / platforms: JS-Media is not liable for circumstances beyond its control. In particular, the customer acknowledges that third-party providers and platform operators (e.g. Facebook, Instagram, LinkedIn, TikTok, Google) may, according to their own policies, at any time block or remove specific ads, posts or campaigns commissioned by the customer, or deactivate accounts. JS-Media has no liability for such actions by third parties, nor for other unforeseeable interventions by third parties (e.g. hacker attacks on the customer’s social media accounts, technical outages of platforms, etc.).
(4) Other claims: Otherwise – to the extent not covered above – JS-Media’s liability is excluded regardless of legal basis. In particular, JS-Media is not liable for lost profits, indirect, or consequential damages, except where liability is mandatorily imposed by law. The above liability limitations also apply to JS-Media’s employees and agents to the same extent.
(1) Customer’s GDPR compliance: The customer shall ensure that, when transferring personal data to JS-Media, they comply with applicable data protection laws, especially the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). In particular, the customer will only provide JS-Media with personal data for which the customer has a lawful basis for processing (e.g. consent of the data subjects or other legal authorization).
(2) Indemnification for data breaches: The customer shall indemnify JS-Media from any liability and all disadvantages that JS-Media incurs due to a violation of the GDPR or BDSG by the customer in the course of the collaboration, unless JS-Media is exceptionally responsible for the breach. This includes any claims or fines by authorities or third parties against JS-Media due to data protection violations attributable to the customer’s breach, including the costs of an appropriate legal defense.
(3) Data processing by JS-Media: JS-Media will treat all personal data of the customer, the customer’s employees, clients or other third parties that become known in the execution of the contract as confidential and in accordance with applicable data protection laws. JS-Media will use such data solely for fulfilling the contract or on another legal basis. To the extent JS-Media processes personal data on behalf of the customer (for example, when placing ads via the customer’s accounts or managing contacts), the parties will, if required, conclude a Data Processing Agreement in accordance with Art. 28 GDPR. Further details on JS-Media’s handling of data can be found in the Privacy Policy on JS-Media’s website.
(1) Written form and priority of individual agreements: Changes or additions to this contract and the above GTC must be made in writing to be effective. There are no oral side agreements. Individually negotiated agreements between JS-Media and the customer (including any subsequent side agreements, additions, or amendments) take precedence over these GTC. To prove the content of such individual agreements, a written contract or written confirmation by JS-Media is authoritative.
(2) Choice of law and jurisdiction: The law of the Federal Republic of Germany applies to this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance is the registered office of JS-Media. The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is – to the extent legally permissible – Dresden, Germany. However, JS-Media is also entitled to bring claims against the customer at the customer’s general place of jurisdiction.
(3) Severability clause: Should any provision of this contract or these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a valid provision that comes closest to the economic intent of the original provision shall be deemed agreed. The same applies if the contract or these GTC contain an omission; in such case, a provision shall be deemed agreed that corresponds to what the parties would have intended had they considered the issue.
(4) No unauthorized use: These GTC are intended exclusively for contracts with JS-Media. A change in the person of the service provider (i.e. a transfer of the contract to a third party) requires JS-Media’s consent.
Module 1 comprises full remote management of the customer’s social media channels. The scope of services in this module includes, in particular, the following activities:
Additional services included in Module 1: This module includes, at no extra charge, the development of two target personas (regardless of the volume of content booked, unless contractually agreed otherwise) to more precisely define the target audience segments. Also, a monthly one-hour strategy video call is offered to discuss results and plan further measures. Participation in this strategy call is optional – the customer is not obligated to take part each month.
Note: On-site content production is not included in Module 1.
Module 2 provides a comprehensive social media service and includes all services from Module 1. In addition, this full-service package features professional on-site production of media content at the customer’s location:
Additional services included in Module 2: As in Module 1, two target personas are included (regardless of the volume of content, unless agreed otherwise), and a monthly one-hour strategy call is provided to review social media performance and plan strategy. Participation in this regular strategy session is optional for the customer.
By combining strategic remote support with on-site content production, Module 2 offers the customer a complete end-to-end package for their social media presence.
The Strategy Consulting (single sessions) service provides one-off, individualized consulting in the area of social media marketing. JS-Media advises the customer on specific topics such as strategy development, selection of appropriate platforms, definition of target groups, and content planning. The consultation usually takes place online (e.g. via video call) and can be supplemented, at the customer’s request, with a written summary of key points.
The fee for strategy consulting is €200 per hour (net), billed in 15-minute increments.
Operational implementation services – in particular content creation or posting – are not part of this consulting module.
The Strategy Consultation (regular ongoing consulting) is a service for customers seeking continuous strategic support in social media marketing. This module is similar in content to the one-off Strategy Consulting, but is conducted at fixed regular intervals (e.g. weekly or monthly, as agreed in the contract). The schedule and payment terms are set out in the contract, providing the customer with a recurring, committed consultation service.
In the Strategy Consultation sessions, as with the single-session consulting, topics include social media strategy, platform selection, target group definition, and content planning – with the benefit of continuous support. This allows for timely responses to new developments and ongoing optimization of the customer’s social media strategy. Upon request, a brief summary is prepared after each session.
Operational implementation services are also not included in this module, as the focus is on strategic consulting.
| # | Additional Service | Unit | Net Unit Price |
|---|---|---|---|
| 1 | Short videos (under 1 minute) | per video | 120€ |
| 2 | Longform videos (over 5 minutes, max 12 min) | per video | 300€ |
| 3 | Photos | per image | 60€ |
| 4 | Carousel posts (multi-image postings) | per post | 130€ |
| 5 | Additional consultation session | per hour | 200€ |
| 6 | Additional persona (target profile) | per persona | 80€ |
| 7 | Additional script | per script | 40€ |
Note: All prices are net and subject to applicable VAT.
Billing is done monthly based on actual usage. Additional services will only be provided if explicitly ordered or approved by the customer.
GTC last updated: November 18, 2025
