Terms and Conditions
rankingCoach GmbH for the use of the software "rankingCoach”
1. Scope of application
- 1.1. The following General Terms and Conditions (GTC) regulate the contractual relationship between rankingCoach GmbH, Im Mediapark 6B, 50670 Cologne, Germany (hereafter: rankingCoach) and its clients (hereafter: Client).
- 1.2. The Client is any entrepreneur (§ 14 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
- 1.3. Any deviating terms and conditions of the client are only effective if confirmed in writing by rankingCoach. Counter-confirmations by the client and the reference to the client's terms and conditions are hereby expressly rejected. The terms and conditions of rankingCoach shall also apply if rankingCoach accepts the client's order in the knowledge that the client's terms and conditions conflict with or deviate from its general terms and conditions.
- 1.4. rankingCoach reserves the right to change these terms and conditions at any time without giving reasons, unless the change is not reasonable for the client. rankingCoach will inform the client about changes to the terms and conditions in due time. If there is no objection by the client to the applicability of the new GTC within two weeks of notification, the changed GTC are considered to have been accepted by the client.
2. Contract languages; contract storage
- 2.1. The following languages are available for the conclusion of the contract: German, English, Spanish, Italian, Portuguese, French, Polish, and Dutch.
- 2.2. These General Terms and Conditions will not be saved separately. They can be accessed at any time on the www.rankingcoach.com website.
3. Conclusion of contract
- 3.1. rankingCoach's offer is aimed exclusively towards commercial clients.
- 3.2 The contract is concluded by the registration and login of the client on the website www.rankingcoach.com and the confirmation of the registration by rankingCoach.
4. Object of performance of rankingCoach
- 4.1. rankingCoach provides Clients with the product "rankingCoach" in various versions (hereinafter referred to as "the Product") on its website www.rankingcoach.com (hereinafter referred to as the Platform). The Product offers various technical aids with which the Client can optimise its online marketing. The exact service description is provided when the client registers.
- 4.2. Prerequisite for the use of the product is existing access to the Internet and the use of the latest version of the browsers Mozilla Firefox, Google Chrome, Apple Safari, or Microsoft Edge. The usability of the platform in other browsers and older versions cannot be guaranteed by rankingCoach.
- 4.3. The Client accepts that the use of the product is done by him/herself and rankingCoach does not owe any success in the form of a verifiable improvement of the marketing.
5. Term of the contract; termination
- 5.1. The length of the contract is displayed to the Client during registration; the Client is able to select it there.
- 5.2. The contract is automatically renewed for the agreed duration if it is not cancelled within the period of notice specified in clause 5.3.
- 5.3. The contract can be cancelled at any time with at least seven days' notice to the end of the respective contract period.
- 5.4. The contract can be cancelled online within the rankingCoach platform (www.rankingcoach.com), by mail to the company address (rankingCoach GmbH, Im Mediapark 6B, 50670 Cologne, Germany) or by e-mail to firstname.lastname@example.org. An explanation of the online termination can be found under the following link: https://help.rankingcoach.com/en/articles/3068373-wie-kundige-ich
- 5.5. The right to cancel without notice for good cause and with immediate effect remains unaffected for both parties. A significant reason on behalf of rankingCoach occurs in particular if the client is in default with more than two monthly payments.
6. Free trial version
- 6.1. You may receive a free trial version of the Product for seven (7) days upon your first registration and login to the product. Please check here to determine whether the version of the Product that you are selecting at the time of your registration qualifies for a free trial.
- 6.2. There is no free trial version for Agency and Enterprise Versions of the product.
- 6.3. If the Client does not cancel this trial version within this trial period, the contract period will be extended automatically. The contract depends on the version, contract period, and payment period selected by the client and is displayed to the client when ordering and in the contract management section within the application.
- 6.4. The Client will receive a reminder of the end of the trial version of rankingCoach by email one (1) day before the end of the trial.
7. Obligations of the Client
- 7.1. The Client is obliged to make changes to his address, telephone number, e-mail address, and credit card/account connection immediately in his Client profile.
- 7.2. The Client is obliged to keep the access data to the platform "rankingCoach" secret and not to pass them on to third parties.
- 7.3. If the Client specifies a credit card as the means of payment, the Client authorises rankingCoach towards the financial institution that issued the client's credit card to initiate outstanding payments in accordance with the contractual agreements between rankingCoach and the Client.
8. Remuneration; due date; default
- 8.1. The payment for the use of the product is based on the contract term and payment period selected by the Client and is displayed to the Client when placing the order on the contract administration section within the platform.
- 8.2. The fees indicated are net prices plus any tax that may be applicable.
- 8.3. The fee for the use of the product is due at the beginning of the agreed contract period with the invoice. In the event of an automatic extension (clause 5.2), the agreed fee shall be due again in the same amount at the time of the automatic extension.
- 8.4. The first invoice is sent by e-mail to the e-mail address provided by the Client during registration. Following invoices are stored in the Client's profile within the platform.
- 8.5. Payment is made in accordance with the method of payment chosen by the Client at registration.
- 8.6. In the event that within seven days after the due date of the invoice the agreed fee cannot be collected from the client or, in case of payment by bank transfer credited to the account of rankingCoach, rankingCoach is entitled to block access to the platform "rankingCoach" without prior notice. rankingCoach reserves the right to assert further claims for default of payment. Upon payment of the due amount, rankingCoach shall immediately unblock the platform.
9. Google Ads as an additional service; Remuneration; Credit system
- 9.1. Within the scope of the product, the Client can also additionally book advertisements on Google, so-called Google Ads (hereafter Google Ads), as a further service.
- 9.2. The placement and payment of Google Ads takes place within the Clients account.
- 9.3. For the payment of the Google Ads Budgets, the Client has a separately managed prepaid credit with an automatic top-up in the amount of the set monthly budget. As soon as a credit limit of 30% of the monthly advertising budget is underrun, a new top-up is automatically carried out. The automatic top-up can be deactivated at any time by pausing the advertisements.
- 9.4. rankingCoach can charge a percentage administration fee on the Google Ads Budget. The amount of the administration fee will be shown to the client in advance at the time of booking and in the reporting section of the platform.
- 9.5. In case there is still Google Ads credit on the Client's profile at the time of cancellation by the Client or rankingCoach, the Client may request payment from rankingCoach. 90 days after the effectiveness of the cancellation, this claim of the client expires.
10. Offsetting, right of retention
- 10.1. The Client can only offset counterclaims against claims for payment of rankingCoach if they are expressly recognised by rankingCoach, undisputed, or legally binding.
- 10.2. The Client can only assert a right to refuse performance or a right of retention if the right originates from the same contractual relationship as the claim of rankingCoach.
11. Accessibility of the platform
Within the framework of technical possibilities, rankingCoach strives for a constant supply of the product. However, maintenance, security, or capacity issues that are not within the responsibility of rankingCoach may lead to short-term disruptions or temporary suspension of the platform. In this respect, the client acknowledges that continuous availability of the platform of rankingCoach cannot be technically guaranteed.
- 12.1 For claims due to damages caused by rankingCoach, its legal representative, or vicarious agents, rankingCoach is always liable without limitation:
- in case of injury to life, body, or health,
- in case of an intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act is opened.
- 12.2 In the event of a violation of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the user may regularly rely (contractual cardinal obligations) due to slight negligence on the part of rankingCoach, its legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
- 12.3 Otherwise, claims for compensation for damages are excluded.
If and to the extent that a third party asserts claims against rankingCoach based on unlawful actions of the client, the Client shall hold rankingCoach harmless from all claims, including the reasonable costs of legal defense, upon the first request. Further claims for damages by rankingCoach remain unaffected by this.
14. Final provisions
- 14.1. The law of the Federal Republic of Germany applies exclusively.
- 14.2 Exclusive place of jurisdiction for all disputes arising from this contractual relationship is the seat of rankingCoach in Germany.
- 14.3. Place of performance is the registered office of rankingCoach in Germany.
rankingCoach, Status: December 2020