Terms and Conditions
rankingCoach GmbH for the use of the software "rankingCoach”
The following general Terms and Conditions govern the contractual relationship between rankingCoach GmbH, Brügelmannstrasse 3, 50679, Cologne (hereafter: rankingCoach) and its clients (hereafter: customers). The rankingCoach software is aimed exclusively at commercial customers.
1. Service Article
- 1.1. The subject matter of this agreement is the provision of access to the "rankingCoach" software for a limited period during the term of the contract.
- 1.2. Upon conclusion of the contract, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use the software "rankingCoach" in its current version.
- 1.3. The software "rankingCoach" is offered in different versions with a different scope of services. The respective scope of services can be seen from the version comparison ( https://www.rankingcoach.com/en-ca).
- 1.4. rankingCoach provides the customer with the software "rankingCoach" as a so-called "Software as a Service" i.e. by remote access via the website www.rankingcoach.com.
- 1.5. The prerequisite for using the "rankingCoach" software is existing access to the Internet and the use of the latest version of Mozilla Firefox, Google Chrome, Apple Safari or Microsoft Edge browsers. rankingCoach cannot guarantee the usability of the software in older versions of these browsers and other browsers.
- 1.6. Support services for the "rankingCoach" software are only provided by e-mail at email@example.com or via a support function within the software itself.
2. Contract Formation
The contract for the use of "rankingCoach" is effective after the registration of the customer via the website https://www.rankingcoach.com/en-ca and after the confirmation of the registration by rankingCoach
3. Free Trial Version of rankingCoach
rankingCoach can grant the customer a free trial of the individual program versions for a limited period of time and with possible limited functions. The number of trial days available is communicated to the customer during the order processing and confirmation.
- 3.1. There is no test period for rankingCoach Agency version or rankingCoach 360 version.
- 3.2. rankingCoach is entitled to terminate the contract with the customer at any time within the free trial period without notice, especially if the customer has given false information during the registration or the creditworthiness of the customer is not sufficient.
- 3.3. The customer may terminate the contract at any time within the free trial period. The cancellation can be made online within the software, or by email to firstname.lastname@example.org
- 3.4. If the contract is not terminated within the trial period, it will be automatically continued as a contract with costs according to the following conditions.
4. Contract Duration, Termination, and Compensation
- 4.1. The duration of the contract shall be indicated to the customer upon registration.
- 4.2. The contract is automatically extended by the agreed duration if it is not terminated within the period specified in section 4.3.
- 4.3. The contract can be terminated at any time with a notice period of at least seven days to the end of the respective contract period.
- 4.4. The contract can be canceled online within the rankingCoach software, by post to the company address or by e-mail to email@example.com.
- 4.5. The right to termination without notice for good cause and with immediate effect remains unaffected. An important reason on the part of rankingCoach may be if:
- 4.5.1. he customer does not meet their payment obligation despite a reminder or refuses further payments
- 4.5.2. a petition for the opening of insolvency proceedings is filed against the customer.
- 4.5.3. the customer has violated the obligations existing under these terms and conditions.
5. Payment, Due Date, and Default
- 5.1. The fee for the use of the software "rankingCoach" depends on the version selected by the customer, contract duration and payment period and is displayed to the customer with their order and in the subscription section within the software
- 5.2. The stated fees are net prices, plus value-added tax.
- 5.3. Payment for using the "rankingCoach" software is due at the beginning of the agreed contract period. In the event of an automatic extension (clause 4.2), the agreed payment will be due on the date of the automatic renewal for the same amount.
- 5.4. The first invoice shall be issued by email to the email address provided by the customer upon registration. The subsequent invoices will be stored in the "rankingCoach" software.
- 5.5. Payment shall be made in accordance with the payment method selected by the customer at registration.
- 5.6. rankingCoach is entitled to block access to the software "rankingCoach" without prior notice in the event that the agreed fee cannot be collected from the customer or is not credited to the account of rankingCoach within seven days after invoicing (clause 5.4.) rankingCoach reserves the right to enforce further claims due to delay in payments.
- 5.7. Depending on the rankingCoach version booked, the customer can also book advertisements with Google using the rankingCoach software. The placement and payment of the advertisements are done by rankingCoach. The payment of the Google Ads budget is charged via a separately managed prepaid credit with automatic top-ups in the amount of the set monthly budget. As soon as a customer’s credit falls below 30% of an estimated monthly budget consumption, a new recharge is made automatically. The automatic recharge can be deactivated at any time by pausing the advertisements.
- 5.8. rankingCoach can charge a percentage administration fee on the Google Ads budget. The amount of the administration fee is transparently shown to the customer at the time of booking and in the reporting.
6. Compensation, and Right of Retention
- 6.1. The customer can only receive compensation against payment claims from rankingCoach if expressly acknowledged by rankingCoach, and if they are undisputed or legally binding.
- 6.2. The customer can only assert a right to refuse performance or a right of retention as the right originates from the same contractual relationship as the claim of rankingCoach.
7. The Customer’s Obligation
- 7.1. The customer is obliged to notify rankingCoach of any changes of address, telephone number, Email address, and credit card or account details immediately.
- 7.2. The customer is obliged to keep access data to the "rankingCoach" software private, and to not disclose their login details to third parties.
- 7.3. The customer is obliged to use the "rankingCoach" software only within the framework of the specified program sequence. The rules for search engine optimization are explicitly stated by search engine providers.
8. Software Accessibility
- 8.1. rankingCoach enables a 98% annual average accessibility of the "rankingCoach" software.
- 8.2. This obligation will not be in effect during extenuating circumstances, such as power failures, fire or natural disasters, etc. In the case of such events, rankingCoach will strive to keep downtime as low as possible.
- 9.1. rankingCoach is liable for the following:
- 9.1.1. legal regulations for damages to life, body, and health, caused by a negligent or intentional breach of duty under the Product Liability Act,
- 9.1.2. damages resulting from intentional or grossly negligent breaches of contract or fraudulent intent. In these cases, the liability for damages is limited to the foreseeable, typically occurring damage, unless rankingCoach has not acted intentionally. In the case of slight negligence, rankingCoach is liable for property damages and financial loss, only in the event of a breach of essential contractual obligations,
- 9.1.3. damages caused by simple negligent breaches of contract or obligations, but only if the damages are typically associated with the contract and are foreseeable
- 9.2. Any further liability regarding rankingCoach is excluded, regardless of the legal nature of the claim. Wherever the liability of rankingCoach is excluded or limited, this also applies to all personal liabilities of its employees, representatives, and agents.
- 9.3. Any liabilities regarding rankingCoach are also excluded in the event that its contractual obligation cannot be upheld due to an improper performance from a supplier or service provider.
If and to the extent that a third-party assert claims against rankingCoach due to unlawful acts of the customer, the customer releases rankingCoach from all claims at first request, including any fees related to legal defense. Further claims for damages against rankingCoach remain unaffected.
11. Claim Transfer Restriction
The transfer of claims from the customer to a third party is only permitted with the prior written approval from rankingCoach. In the event a claim is transferred without written consent from rankingCoach, the claim is invalid.
12. Final Provisions
- 12.1. The law of the Federal Republic of Germany shall apply exclusively. Should purchase law be applied, UN purchase law is excluded.
- 12.2. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of rankingCoach in Germany.
- 12.3. The place of operation is the registered office of rankingCoach, in Germany.
- 12.4. Any amendments and supplements to the contract must be made in writing. This also applies to changes to these terms and conditions.
- 12.5. Additional agreements are not available or allowed.
- 12.6. Deviating terms and conditions from the customer will only be valid if they are confirmed in writing by rankingCoach. Counter-confirmations of the customer and the reference to his terms and conditions are hereby explicitly contradicted. The terms and conditions of rankingCoach are considered valid if rankingCoach accepts the customer’s order, even if the customers' knowledge of terms and conditions conflicts with or deviates from the terms and conditions of rankingCoach.
- 12.7. rankingCoach reserves the right to change these terms and conditions at any time without reason, unless the change is not acceptable to the customer. rankingCoach will inform the customer regarding any changes to the terms and conditions in due time. If the customer does not object to the validity of the new Terms and conditions within two weeks of being notified, the amended terms and conditions shall be deemed accepted by the customer.
- 12.8. Should one or more of these terms and conditions become invalid in whole or in part, the remaining terms and conditions are not invalidated as a result of this. The invalid condition or part of the invalid condition will be replaced by the current, relevant statutory law.
rankingCoach, Status: March 2019