Terms and Conditions

Convenience translation. This English version is provided for information only. The legally binding version is the German original (AGB).

1. Provider and scope

1. These terms and conditions apply to all contracts between Robert Kosse, Florastraße 70, 13187 Berlin, Germany, sole trader operating as “RoKinc” (the “Provider”), and his clients (the “Client”) for the services listed in section 2. The contracting party is always Robert Kosse.
2. These terms apply to consumers (§ 13 German Civil Code, BGB) and to businesses (§ 14 BGB). Provisions that apply to only one of these groups are marked as such.
3. Deviating or additional terms of the Client only become part of the contract if the Provider expressly agrees to them in text form. Individual agreements in the offer or contract take precedence over these terms.

2. Services

1. The Provider offers, individually or in combination: marketing and business consulting, positioning and strategy; coaching strictly in a marketing and business context; setting up processes, automations and AI-based systems; social media services; workshops, trainings, talks and teaching (online and on site); photo and video services including recording, editing and post-production.
2. Type, scope, dates and fees are set out in the respective offer or order confirmation.
3. The Provider owes the agreed services, not a specific economic result such as revenue, reach, enquiries or bookings, unless such a result has been expressly agreed as a characteristic of the service.
4. The services are not legal, tax or financial advice and not medical treatment, psychotherapy or medical advice. Where such questions arise, the Provider gives general guidance and recommends consulting qualified professionals.
5. The free Practice Check on this website is a non-binding initial analysis. Completing it does not create a paid contract.

3. Conclusion of contract

1. The presentation of services on the website is not a binding offer but an invitation to send an enquiry.
2. A contract is concluded when the Client accepts an offer from the Provider in text form (for example by email), makes an agreed payment, or the Provider begins the service at the Client’s request.
3. The contract language is German; on request the Provider also communicates in English. The Provider stores the offer and order confirmation and provides them to the Client in text form.

4. Type of contract

1. Consulting, coaching, workshops, trainings and ongoing support are services within the meaning of §§ 611 et seq. BGB.
2. Where the creation of a specific work result has been agreed (for example a video, a website or an automation with a defined scope of functions), §§ 631 et seq. BGB and section 7 of these terms apply in addition.

5. Client cooperation

1. The Client provides all information, materials and access required for the service in good time.
2. The Client is responsible for the accuracy of the information provided and ensures that content supplied by the Client (for example texts, images, music, fonts, trademarks and images of people) may lawfully be used.
3. The Client transmits access credentials securely, for example via a password manager or a separate permission, and changes the credentials after the collaboration ends.
4. The Client does not transmit personal data of their own clients, in particular no health data, unless this is required for the service and separately agreed. In that case the parties conclude a data processing agreement.
5. Delays and additional effort resulting from missing or late cooperation are borne by the Client; agreed dates are postponed accordingly. The Provider’s statutory rights remain unaffected.

6. Scope, changes and revisions

1. Unless agreed otherwise, one round of feedback and revisions is included.
2. Further revisions, change requests or extensions of the agreed scope are additional services. They are agreed in advance in text form and charged by effort at the agreed rates or the Provider’s current rates.
3. Without such an agreement, the Provider is not obliged to perform services outside the agreed scope.

7. Acceptance of work results

1. Where a work result has been agreed, the Client accepts it if it essentially conforms to the contract. Minor deviations do not entitle the Client to refuse acceptance.
2. The work is deemed accepted if, after completion, the Provider has set the Client a reasonable deadline of at least 14 days for acceptance and the Client does not refuse acceptance within this period stating at least one defect (§ 640 (2) BGB). For consumers this effect only occurs if the Provider pointed out this consequence in text form together with the request for acceptance.
3. Matters of taste are not defects as long as the result corresponds to the agreed characteristics. Statutory rights in case of defects otherwise remain unaffected.

8. Fees and payment

1. Fees are agreed individually.
2. The Provider is a small business within the meaning of § 19 of the German VAT Act (UStG). VAT is therefore not charged or shown.
3. Unless agreed otherwise, project work is invoiced 50 % on conclusion of the contract and 50 % on completion or delivery. Ongoing support is invoiced monthly in advance.
4. Invoices are payable without deduction within 14 days of receipt.
5. In case of late payment, the statutory rules apply. After prior notice in text form, the Provider may withhold further services until amounts due have been paid.
6. Travel and incidental costs are only reimbursed if agreed in the offer.

9. Term and termination of ongoing support

1. Ongoing support (retainer) has a minimum term of three months unless agreed otherwise. Thereafter it can be terminated with one month’s notice to the end of a month.
2. Notice of termination must be given in text form, for example by email.
3. The right to terminate for good cause remains unaffected.

10. Appointments

1. Agreed appointments such as consultations, workshops or shoots can be rescheduled by either party in text form. Cancellations by the Client are subject to the conditions agreed in the offer.
2. If the Provider cannot keep an appointment due to illness, force majeure or other reasons beyond the Provider’s control, a replacement date is agreed. Payments already made for services not provided are refunded on request.

11. Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for contracts concluded exclusively by means of distance communication (for example email, phone, video call) or outside business premises. Details are set out in the withdrawal information below. Businesses do not have this right of withdrawal.

12. Liability

1. The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.
2. In case of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Client may regularly rely.
3. Otherwise, liability for slight negligence is excluded.
4. The Provider is not liable for decisions and measures of platforms and third-party providers, such as changes to algorithms or policies, account suspensions, or outages and changes of tools, interfaces and hosting, unless the Provider is responsible for them.
5. The Client is responsible for regular backups of their data and systems. Before working on existing systems, the Provider agrees on a backup with the Client.
6. The above provisions also apply in favour of the Provider’s vicarious agents.

13. Third-party accounts and platforms

1. Where the Provider works in accounts or tools of the Client (for example social media, ad accounts, automation or AI services), the Client remains the account holder and is responsible for complying with the respective terms of use and legal requirements.
2. The Provider points out risks known to him, such as policies on sensitive topics. The risk of restrictions or suspensions by platforms lies with the Client unless the Provider is responsible for them.

14. Usage rights

1. Concepts, methods, templates, automation logic, training materials, presentations, photos, videos and other content created by the Provider are protected by copyright.
2. Upon full payment, the Client receives a simple (non-exclusive), non-transferable and perpetual right to use the agreed work results for their own business purposes. Further rights, such as passing on, reselling or sublicensing, require an agreement in text form.
3. The Provider’s own templates and general know-how remain with the Provider and may be reused, without disclosing confidential information of the Client.

15. Photo and video services

1. The Client ensures that locations, persons, brands, music, artworks and other protected elements may be recorded and used for the intended purpose and obtains the necessary consents and permits unless agreed otherwise.
2. If third parties assert claims against the Provider because materials supplied by the Client or missing consents infringe rights, the Client indemnifies the Provider to the extent the Client is responsible for the infringement.

16. References

The Provider only mentions the collaboration or shows work results for reference purposes (for example on the website or on social media) with the Client’s prior consent in text form. Images of identifiable persons are only published with their consent. Consent can be withdrawn at any time with effect for the future.

17. Confidentiality

Both parties treat confidential information of the other party that becomes known to them during the collaboration as confidential and do not pass it on to third parties. This obligation continues after the end of the contract. Excluded is information that is publicly known or must be disclosed due to legal obligations.

18. Data protection

The Provider processes personal data in accordance with applicable data protection law, in particular the GDPR. Details are set out in the privacy policy. Where the Provider processes personal data on behalf of the Client for which the Client is the controller (for example client data in automations), the parties conclude a data processing agreement pursuant to Art. 28 GDPR.

19. Consumer dispute resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

20. Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
2. If the Client is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Berlin. The same applies to businesses without a general place of jurisdiction in Germany.
3. If any provision of these terms is invalid, the validity of the remaining provisions remains unaffected. The statutory provisions take the place of the invalid provision.
4. Each contract is governed by the version of these terms valid at the time the contract is concluded. Earlier versions are available on request.

Withdrawal information

Applies to consumers only. Translation of the German statutory model text.

Expiry of the right of withdrawal: For a service contract, the right of withdrawal expires when the service has been fully performed and performance only began after you gave your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal once the contract has been fully performed (§ 356 (4) BGB).

Model withdrawal form