General Terms and Conditions

These Terms and Conditions (“Terms”) apply exclusively to all services provided by Markus Mensch Marketing LLC, Building 11R‑SH Commercial, Office no‑11, Saih Shuaib 2, DIC, PO Box 12887, Dubai (hereinafter “Mplus” or “the Provider”), in the fields of event marketing, event management, marketing, coaching, and public relations, unless expressly agreed otherwise in writing. By entering into any contract with us, you expressly reject any Terms or conditions of the other party. The current version of these Terms is available at http://www.mplus-kommunikation.de and applies as of the date of the contract’s conclusion. Mplus reserves the right to change these Terms at any time without providing reasons.

1. General Provisions

1.1. Scope of Services
Mplus provides services in event marketing, event management, marketing, coaching, and PR. These Terms shall govern all services provided by Mplus unless otherwise agreed in writing.

1.2. Exclusion of Other Terms
Any general or individual contractual terms of the other party are hereby excluded.

1.3. Availability of Terms
The current version of these Terms is available at our website. The version valid at the time of contract conclusion shall apply.

1.4. Modification of Terms
Mplus reserves the right to change these Terms at any time without providing reasons.

2. Offer and Conclusion of Contract

2.1. Non-Binding Offers
All offers by Mplus are subject to change and non-binding.

2.2. Contract Formation
A contract is only concluded upon receipt of a written or telegraphic order confirmation by Mplus. A contract is likewise deemed concluded if Mplus commences performance without a separate confirmation.

2.3. Oral Agreements
The conclusion of a contract may also occur by oral means (e.g., via video chat or telephone). In the case of an oral conclusion, the customer is not entitled, absent any contrary agreement, to a written reiteration of the contractual contents by us.

3. Prices and Service Provision

3.1. Price Information
All prices provided by Mplus are net prices and are exclusive of the statutory value‑added tax.

3.2. Service Timing
Service provision shall take place at the time agreed upon in the main contract with the customer.

3.3. Prepayment Obligation
Unless otherwise agreed, the customer is obliged to provide pre‑payment. The agreed remuneration is due immediately upon contract conclusion.

4. Term and Termination

4.1. Fixed Contract Term
The contract is concluded for the term specified in the respective main contract.

4.2. Exclusion of Early Termination Rights
Except where otherwise agreed, the customer has no right to terminate the contract freely before the expiration of the contract term.

4.3. Termination for Cause
The right to terminate without notice for good cause remains unaffected.

4.4. Early Termination by the Customer
In the event of early termination by the customer for good cause, our right to claim payment remains unaffected, unless the customer can prove that no damage or only a significantly lower damage has been incurred.

4.5. Force Majeure and Service Changes
If a service to be provided by Mplus is substantially impaired by force majeure or by unforeseeable circumstances not caused by Mplus, Mplus is entitled to substitute the promised service with another equivalent service.

4.6. Delays Due to Force Majeure
Service delays caused by force majeure or other events that substantially hinder the performance for an extended period are not attributable to Mplus even when fixed deadlines and dates are contractually agreed. This also applies if such delays occur at the suppliers or subcontractors engaged by Mplus. In all such cases, Mplus is entitled to postpone the service for the duration of the hindrance plus an appropriate period of readjustment.

5. Payment, Default, and Interest

5.1. Payment Due Date
Payments are due immediately upon receipt of the invoice from Mplus, and in any event, no later than before the agreed service is provided.

5.2. Default by Non-Consumers
If the other party is not a consumer, they will be in default without any further reminder seven calendar days after receipt of an invoice or equivalent payment request.

5.3. Suspension of Services for Delinquent Payments
In the event that the customer is in default with due payments, Mplus reserves the right to suspend further services until outstanding amounts are fully settled.

5.4. Installment Payments and Termination
In the event of default by the customer with any installment payment, Mplus is entitled to terminate the contract for cause and cease providing services. Mplus shall claim the full fee amount due until the next regular termination date as damages, deducting any savings on costs.

6. Set-Off and Right of Retention

6.1. Conditions for Set-Off and Retention
The right to set off and to assert a right of retention is available to the other party only if their counterclaims have become legally binding, are undisputed, or are acknowledged by Mplus.

6.2. Relation to the Same Contract
Any exercise of a right of retention is limited to the extent that the counterclaim is based on the same contractual relationship.

7. Conduct and Mutual Consideration

7.1. Proper Conduct
The customer shall maintain the normal and proper conduct expected of an honest merchant in dealings with Mplus. We reserve the right to initiate legal proceedings against any unlawful, improper, or unfounded statements concerning our company and services—including false factual claims or defamatory criticisms—made by the customer, competitors, or third parties. In such cases, we may, without prior notice, report such conduct to the criminal authorities.

7.2. Uninterrupted Service Participation
When participating in our programs and services, the customer must promote their smooth operation through commercially appropriate conduct toward us and other participants. Should the customer adversely affect the operation of our programs or services due to inappropriate behavior, we will request, on a one-time basis, that the customer remedy the situation. In case of repeated issues, we reserve the right to temporarily or permanently exclude the customer from our programs and services. Our right to claim fees in such cases remains unaffected.

8. Usage Rights

8.1. Intellectual Property Rights
Mplus holds exclusive exploitation rights to all images, videos, texts, webinars, databases, and similar content published by us (for example, on Facebook or on password‑protected platforms). Any use of this content without our permission is prohibited.

8.2. Limited License for Customer
The customer is granted a simple, non‑exclusive right of use for the content provided in our password‑protected member area solely for the duration of the contract. This license is limited to the fulfillment of the contract concluded with the customer.

8.3. Access Credentials
Access credentials and login details to our programs, content, and platforms are provided exclusively for the duration of the booked contractual term and should be used only by the customer personally. The transfer of provided access credentials, login data, and content to any third parties not authorized by us is strictly prohibited. In case of a breach of this obligation, a contractual penalty may be imposed, the amount of which is determined by us in our reasonable discretion (and in individual cases may be up to €15,000). Access by the customer’s employees is subject to our prior written approval.

8.4. User Behavior Data
By using our member platforms, the customer consents to the analysis of individual user behavior and the collection of related data (including IP and MAC addresses that may be personal data) for the duration of the contract.

8.5. Protection of Confidential Information
Any violation of our trade secrets or intellectual property rights will be pursued both in civil proceedings and, if necessary, reported to the criminal authorities.

8.6. Advertising Material
The customer does not receive any rights of use regarding advertising texts or announcements published by us on our websites or within forums or groups.

9. Reference Advertising

9.1. Usage of Customer Name and Logo
The customer agrees that Mplus is entitled to use their name and logo without temporal or geographical restrictions on the Mplus website and on our social media channels in order to inform others about our service delivery and cooperation as well as for advertising purposes.

10. Data Protection

10.1. Privacy Notice
The customer is hereby advised of and directed to the Mplus Privacy Policy, which applies to all services, products, and online presences of Mplus.

11. Liability

11.1. General Liability
Unless expressly stated otherwise below, Mplus shall be liable for intent and gross negligence in accordance with applicable statutory provisions.

11.2. Liability for Consumers (Cardinal Obligations)
If the customer is a consumer, Mplus shall be liable for negligent breaches of essential obligations—the fulfillment of which is necessary for the proper performance of the contract, the breach of which endangers the achievement of the contractual purpose, and on which the contractual partner regularly relies (so‑called cardinal obligations). In the case of such negligence, liability is limited to the foreseeable, contract‑typical damage. For other obligations, Mplus shall not be liable in the case of consumer contracts.

11.3. Liability for Non‑Consumers
If the customer is not a consumer, Mplus shall not be liable for simple negligence. Liability for loss of profit is also excluded in cases of gross negligence.

11.4. Extended Liability Limitations
Any limitation or exclusion of liability for Mplus also applies to the personal liability of its employees, agents, representatives, and vicarious agents.

11.5. Exceptions to Liability Exclusions
The above exclusions shall not apply in cases of injury to life, body, or health; in cases where an express guarantee has been assumed; or in relation to claims for the non‑fulfillment of assured characteristics.

12. Written Form, Choice of Law, Jurisdiction, and Severability

12.1. Written Amendments
No oral side agreements have been made. Any changes, including those to the requirement of written form, as well as any supplements to these Terms, must be made in writing.

12.2. Governing Law
All legal relations with Mplus shall be governed exclusively by German law. If the other party is a consumer, the mandatory consumer protection provisions of the country of the customer’s habitual residence shall remain unaffected by this choice of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

12.3. Jurisdiction
The place of jurisdiction is Regensburg, provided the other party is not a consumer residing in a state within the European Economic Area or Switzerland.

12.4. Severability
Should any provision of these Terms be rendered invalid, the validity of the remaining provisions shall not be affected. The parties agree to replace an invalid provision with a valid regulation that comes as close as possible to the intended economic result and best serves the purpose of the contract.

© Mplus Agentur UG