General terms and conditions of business

Terms of Use for Companies

1. General

1. Leadnow is a web-based placement platform for advertising orders. Companies and agencies (hereinafter companies and clients) are offered the opportunity to specifically award advertising contracts to public figures (hereinafter influencers) with a large reach on social media channels. These general terms and conditions apply to all legal transactions between the company, Leadnow and the influencer. Leadnow's offer is only for companies within the meaning of Section 14 of the German Civil Code (BGB).
2. The current version of the General Terms and Conditions at the time the contract is concluded applies.
3. Leadnow reserves the right to change or supplement these general terms and conditions at any time in the future in order to make adjustments to changed legal regulations or to add new services or change existing services. Information about the changes to the Terms of Use will be sent to the Company by email no later than fifteen (15) days before they come into force. If the Company does not object to the change before the date on which the change comes into force, the changed Terms of Use are deemed to have been accepted. The possibility of revocation and the deadline are mentioned separately in the email. Active advertising orders will not be affected by the changes. If the company objects to the changes to the General Terms and Conditions, Leadnow reserves the right to terminate the contractual relationship at the earliest possible date after all active advertising orders have been processed.
4. These general terms and conditions can be accessed and printed out on the website at any time.

 

2. Contractual partner

1. Based on these general terms and conditions, a legally binding contract is concluded between each company and Leadnow GmbH (hereinafter Leadnow). The provisions of these general terms and conditions apply to the use of the Leadnow platform via the websites leadnow.io, leadnow-marketing.de, leadnow-marketing.com, Expertenwissen.leadnow-marketing.de, leadnow.me and all subdomains of these domains.
2. By agreeing to these General Terms and Conditions, the Company also accepts the General Terms and Conditions of our integrated payment service provider.
3. At the same time, the company confirms that all information provided by it on the platform is truthful and that the person responsible for the company does not use a name that he is not authorized to use. The company is also prohibited from impersonating another company. Information about the company must always be kept up to date.
4. A company is considered to be anyone who registers with the company data (company name and email address) and their personal data as an admin (first and last name) on our website with a password and agrees to the general terms and conditions and the data protection declaration has. It is assumed that the general terms and conditions and the data protection declaration have been carefully read and understood. Registration is free.
5. The admin confirms that he or she has permission to create a company account for the company.
6. The account can only be used fully if all further information about the company is provided after registration.
7. The company undertakes to follow the applicable rules set out in these general terms and conditions. If the company violates the terms of use or if there is suspicion that the platform is being used improperly, the company may be excluded from using the platform with immediate effect and may not be resumed.
8. Leadnow can make the use of certain functions dependent on additional requirements and restrict functions for certain companies. A fee can also be introduced for the use of certain functions with the company's separate consent.
9. The company itself is responsible for the password and its security. For your own safety, it should never be passed on to third parties.
10. Leadnow reserves the right to verify certain companies for account creation.

 

3. Subject of the contract      

This contract basically regulates the conditions under which companies can use the Leadnow platform as well as the establishment of advertising orders between companies and influencers, the execution conditions and payment processing. In addition, liability relationships, confidentiality obligations, copyright relationships and data protection conditions are clarified.

 

4. Advertising order and scope of services 

1. An advertising order offers companies the opportunity to reach the relevant target group. Leadnow enables the company to use data-based brokerage to find the right influencer with the target group relevant to the company's product, to award advertising orders to these influencers and to process the orders completely. Leadnow automatically checks the posts made. The company receives relevant information about each influencer before the campaign and a tracking report on the most important metrics of the advertising campaign for each performance performed by the influencer.
2. The order description, requirements, terms and conditions, implementation and implementation details as well as dos and don'ts are determined individually by the company in the respective advertising order as part of the order agreements. These provisions are fundamentally binding and mandatory for the influencer to complete the order.
3. Instead of the company creating an order, Leadnow can create the order and have it released by an authorized person at the company.
4. The company has the option to change or delete placed advertising orders before acceptance.
5. Unless otherwise agreed, advertising posts will be visible on the agreed platform for at least one year from the time of publication by the influencer.
6. The company has the opportunity to view every published advertising article via a link after publication.
7. However, a company is not entitled to Leadnow's brokerage services. In particular, the company has no claim to finding suitable influencers. Leadnow is not responsible for the content of advertising posts and has no obligation to check the content of advertising posts.

 

5. Creation of an advertising order

1. Companies basically have two options for awarding advertising orders to influencers and thus entering into a contract. The conclusion of a contract for an advertising order with the influencer is always carried out in the influencer's own name and for the influencer's account. Leadnow does not become a contractual partner.
2. a) Advertising order with application process

If the company places an advertising order with an application option, an influencer must first apply in order to receive the order. By pressing the “Apply now” button, the influencer makes an offer to the company. The company receives applications from influencers with the option to accept or reject these offers. Only the acceptance of an application by the company leads to a binding acceptance of the advertising order for the influencer. The influencer then has to carry out the order. Acceptance will be communicated to the company as an order confirmation by email.

There is a deadline for applications that ends at least two weeks before the first service to be provided for an order. The company must accept or reject applications no later than one week before the start of the first service to be provided. All applications that are not accepted are considered rejected upon expiry of the aforementioned deadline. The company has the option to set the application deadline individually.

1. b) Advertising order as an instant deal

In the case of an instant deal, the advertising order placed by the company already represents a binding offer. The offer is legally accepted by the influencer by pressing the “Accept Deal” button. The influencer then has to carry out the order. Acceptance of the instant deal will be communicated to the influencer as an order confirmation via email.

 

6. Obligations of the company and contract agreements

1. The company itself is responsible for placing advertising orders. It must take into account all applicable laws and respect the rights of third parties. The company must not violate copyright or other ancillary copyrights. The company is always prohibited from requesting advertising content from influencers that violates criminal law or fine regulations. Above all, the company is prohibited from requesting advertising from the influencer that discredits products, services, brands, company names, people or companies in any form or from publishing pornographic, racist, extremist, hate-mongering, violence-glorifying or otherwise inappropriate content.
2. When creating an advertising order, the company must define the order agreements as precisely as possible so that the influencer knows what service he has to provide. In particular, deadlines for advertising contributions to be published (period), duration, amount of remuneration, product, media formats, content, social media channels, as well as other agreements (discounts, competitions, hashtags, links, links, etc.) can be set. The orders must be posted in German.
3. The company must take care of the functioning of the external interfaces provided such as links, tracking pixels, etc.
4. In principle, the influencer is free to implement all implementation points not included in the order agreements in order to maintain its authenticity.
5. The company can request, through a justified request, that the influencer deletes or changes certain advertising posts. This request is made in text form to the affected influencer via the integrated chat. The request for change can be requested no more than one week after publication.
6. Once an advertising order has been placed, the company must send the product to be advertised and all agreed materials to the influencer. The company bears the costs for this. The company must ensure that all products and materials are delivered on time so that the influencer can meet the deadlines. If the influencer is responsible for non-performance or poor performance, he or she will bear the costs for any possible return of the product provided to the influencer as compensation as part of an advertising order.
7. After awarding the contract to an influencer, the company undertakes not to offer any further services outside of the Leadnow platform or to enter into a cooperation with this influencer. The company is also prohibited from contacting an influencer to whom an advertising contract has already been placed via Leadnow. The integrated chat can be used for communication. No contact details may be requested from the influencer.
8. Taxation is not Leadnow’s responsibility and is entirely the responsibility of the company. The same applies to the payment obligations for social security contributions, pension insurance contributions, artists' social insurance contributions (KSVG) and other taxes to be paid by law.

 

7. Changes to the order agreements, supplementary provisions, side agreements and side agreements

1. Once an advertising order has been placed, the amount of remuneration specified in the order agreement may no longer be changed or negotiated. This component is a fixed part of the contract and therefore cannot be changed. The amount of remuneration remains unaffected by additional provisions, side agreements and side agreements.
2. Changes to the implementation instructions and specifications contained in the order agreements (variable components) as well as additional provisions, side agreements and side agreements that go beyond the order agreement can only be made via the Leadnow platform with mutual agreement between the company and the influencer in text form via the integrated chat. A separate contract is not required for this. These agreements always take precedence.
3. Leadnow enables communication between the influencer and the company for every order.
4. If no mediation takes place on the platform, the company can contact Leadnow.

 

8. Compensation, remuneration and payment conditions

1. The company itself decides on the advertising budget that should be paid to the influencers when creating the order.
2. An advertising order can contain several services to be provided. A service to be provided is generally understood to be an advertising contribution to be published (feed post, story post, reel, etc.). To book advertising orders, it is mandatory to provide at least one payment method. The company has the option to choose between different payment methods provided by our integrated payment service provider.
3. Payment to the influencer is due after all services of an advertising order have been provided when the invoice is issued. The influencer only invoices services provided if proof of the service provided has been provided. The company agrees to electronic invoicing. Leadnow is also entitled to issue the invoice in the name and on behalf of the influencer and to collect its claims against the company via our integrated payment service provider.
4. The company instructs Leadnow to forward the compensation to the influencer minus the service fee including sales tax to Leadnow by crediting it to the influencer's escrow account. general terms apply to the transfer of the compensation amount to the company's escrow account and the forwarding of the payment to the influencer . For payment, the company can choose the payment methods approved by the integrated payment service provider (debit card, credit card).
5. The license fee for the use of Leadnow agreed in accordance with our price list is automatically collected depending on the agreed billing period and is automatically extended after the agreed billing period. In the dashboard it is possible to cancel the booked subscription at any time during the current billing period and thus stop an automatic extension.
6. The amount of the total remuneration, the license fee and the amount of the performance-related remuneration amounts are understood to be net prices plus any applicable sales tax.
7. If the advertising order represents a Bartel deal, one Barter deal per calendar year is free. The prices for other barter deals can be found in the pricing information on our website. The provisions for paid deals apply to Combi Deals.
8. If the influencer does not provide all of the services to be provided for an advertising order or all of the evidence, the company can demand the return of a product handed over as compensation. Products that are only made available for a limited period of time for advertising purposes and do not go to the influencer as compensation must be returned to the company by the influencer after the advertising order has been carried out. The company must bear the costs of return shipping unless otherwise stipulated in the order agreements. The company also bears the shipping costs of the products to the influencers.

 

9. Termination of this User Agreement

1. The contractual relationship between the company and Leadnow can generally be terminated by both parties as follows and thus be rendered ineffective for the future.
2. a) Termination via email is possible.
3. b) The deletion of the account, based on Leadnow, results in the termination of the contractual relationship. Leadnow reserves the right to exclude certain companies from using the platform if the platform is used improperly. Misuse occurs in particular in the case of false information, manipulation or terrorist financing. If these terms of use are violated, the influencer can be immediately excluded from use.
4. c) The deletion of the account by the company results in the termination of the contractual relationship. The company can delete its account itself or request deletion at any time. The request for deletion of the account must be sent to the email info@leadnow-marketing.de .
5. If the termination notice is issued by the company, the contractual relationship will only become ineffective when there are no longer any outstanding performance obligations from the company's active advertising orders. If the company simply chooses to deactivate the account, the data will not be deleted, the account will simply be deactivated. The extraordinary right of termination remains unaffected.

 

10. Granting of rights of use, copyright, intellectual property

1. The company grants Leadnow the exclusive right of use, unlimited in time and space, as well as all exploitation rights for the information, data, materials and files (images, videos, audio, text material, etc.) provided by the company on our platform. In particular, Leadnow has the right to make all information, data and materials provided available to the public via our website and social media channels and to reproduce images, video and sound. The rights are granted free of charge.
2. The company owns all rights to the information, data, materials and files provided to us in order to grant Leadnow the usage rights set out in these General Terms and Conditions.
3. All information, data, chat histories, details, files, texts, images, videos, icons as well as the design, structural structure of the platform, any source code and other materials provided on the Leadnow platform are the intellectual property of Leadnow and Under no circumstances may they be copied, published on the internet and social media, distributed, reproduced or otherwise used and exploited without written consent. The company undertakes to keep all of the above-mentioned information about the order agreements and all other information that becomes part of the contract as part of an advertising order tacitly for itself and not to make it available to the public.
4. If the company books influencers for a campaign in which the influencers have to publish the content produced on their own social media channels, the company does not acquire any usage or exploitation rights to the content created. After each campaign, however, the company has the opportunity to purchase usage and exploitation rights to the content produced by the influencer upon request.
5. If the company asks the influencer via Leadnow for a buyout for a campaign and the influencer accepts this request, the influencer grants the company the exclusive right to use the requested content, unlimited in time and space, as well as all exploitation rights for the information and data provided by the influencer , materials and files (image, video, sound, text material, etc.). The rights are only granted after the agreed usage fee has been paid in full.
6. If the “Content Only Campaign” campaign is chosen, the influencer does not have to publish the content on their own social media channels, but rather make the content available to the company via Leadnow. In this case, the influencer grants the company the exclusive right of use, unlimited in time and space, as well as all exploitation rights for the information, data, materials and files (images, videos, audio, text material, etc.) provided by the influencer. In particular, the company may use the content on its own social media channels, as creative for paid ads, on websites, for newsletters and other marketing measures.

 

11. Warranty

1. Leadnow provides the functionality and information service of the platform. The company has no right to uninterrupted and technically flawless availability.
2. Leadnow assumes no liability for the completeness and accuracy of the information provided by the influencer in the order agreements.
3. Leadnow enables data-based mediation to find the right influencer. For the matching, we rely on the characteristics of the influencer themselves and the characteristics of the influencer's target group. We cannot guarantee that we will always find the best possible influencer for your product or service.
4. Leadnow is entitled to carry out expansion work, maintenance work and maintenance work to improve, change and expand the platform at any time without the company's permission.

 

12. Liability and Disclaimer

1. Leadnow is liable to the company for the violation of essential contractual obligations (cardinal obligations), for damages resulting from injury to life, body or health and, in accordance with the Product Liability Act, in accordance with the statutory provisions for compensation or reimbursement of wasted expenses in the event of intent and gross negligence. Leadnow is only liable for slight negligence in the event of a breach of essential contractual obligations and is limited to the amount of damage that was foreseeable and typical for the contract at the time the contract was concluded.
2. Leadnow is only liable for data loss and any resulting damage in accordance with the above paragraphs and if the company itself could not have avoided this loss.
3. The limitations of liability also apply to vicarious agents and legal representatives.
4. The influencer is solely responsible for providing the service in the form of advertising. Leadnow is not liable for the advertising content created by the influencer and its contents, nor for the consequences that arise from its publication. Leadnow is also not liable for incorrect or incomplete information provided by influencers. Leadnow assumes no liability for the quality of the influencer's work or the suitability of the influencer. We do not provide any warranty, support or guarantee for the service provided by the influencers. Leadnow is also not liable for delay or breach of duty by the influencer towards the company and any related claims for damages. The company is solely responsible for external links. Leadnow is not liable for the functionality of these sources.
5. Leadnow is not liable for material or legal defects in delivered products that companies provide to influencers. Leadnow is not liable for damages for which the company is responsible. In particular, Leadnow is not liable for damages that arise in connection with the delivery of the product to be advertised to the influencer.
6. Leadnow is not liable for damages resulting from the company not handling your access data as required.
7. Leadnow is not liable for the artist's social security contribution to be paid by the company to the responsible authority.
8. If the company violates these terms of use, it is obliged to compensate Leadnow for the resulting damage.

 

13. Data processing

1. Leadnow collects personal data from employees, executives or managers of the company as part of the registration process to use the platform and in particular when processing advertising orders. Leadnow observes the regulations of the Federal Data Protection Act, the Telemedia Act and the EU GDPR.
2. Further information on data collection, processing and transfer as well as cookies can be found in our data protection declaration.

 

14. Final provisions

1. The law of the Federal Republic of Germany applies to contracts between Leadnow and the company, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
2. Should individual provisions of this agreement be or become ineffective in whole or in part, the validity of the remaining terms of use will not be affected.
3. The EU Commission has created an internet platform for online dispute resolution for out-of-court dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. According to Section 36 VSBG, Leadnow is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
4. The place of jurisdiction for all disputes arising from this contractual relationship is the court at Leadnow’s registered office.
5. The invalid provisions will be replaced, if available, by the relevant statutory provisions or separate written agreements that are made with the consent of all parties involved.

The current status of these terms and conditions is April 14, 2021.