Terms and Conditions

Terms and Conditions

Content Marketing House Website: contentmarketinghouse.com Last updated: August 1, 2026

1. About These Terms

These Terms and Conditions (“Terms”) govern (a) the use of the website contentmarketinghouse.com (the “Website”) and (b) all services provided by Content Marketing House (“we,” “us,” “our”), including content marketing, content creation, SEO, and related digital marketing services (the “Services”).

Provider: Content Marketing House [Insert legal entity name / owner name] [Insert registered business address] Email: [Insert contact email]

By accessing the Website or engaging our Services, you agree to these Terms. If you do not agree, please do not use the Website or Services.

Business clients only. Our Services are offered exclusively to businesses, entrepreneurs, and professionals (Unternehmer within the meaning of §14 BGB). By engaging our Services, you confirm that you are acting in a commercial or professional capacity and not as a consumer.

2. Website Use

2.1 Informational Purposes Only

All content on the Website – including blog posts, guides, statistics, case studies, pricing indications, and descriptions of results – is provided for general informational purposes only. It does not constitute professional, legal, financial, or business advice, and it does not form a binding offer. Any figures, benchmarks, or outcomes mentioned on the Website reflect general industry data or individual past experiences and are not a promise or guarantee of results for your business.

2.2 No Warranty for Website Content

We make reasonable efforts to keep Website content accurate and current, but we provide the Website and its content “as is” and “as available,” without warranties of any kind, express or implied, including accuracy, completeness, fitness for a particular purpose, or non-infringement. We may modify, suspend, or remove any Website content at any time without notice.

2.3 External Links

The Website may contain links to third-party websites. These links are provided for convenience only. We have no control over, do not endorse, and accept no responsibility for the content, accuracy, or practices of any linked third-party website.

2.4 Prohibited Use

You may not use the Website to distribute malware, attempt unauthorized access, scrape content at scale, or otherwise interfere with the Website’s operation or infringe our rights or the rights of third parties.

2.5 Intellectual Property in Website Content

All Website content – text, graphics, logos, layouts, and design elements – is owned by us or our licensors and protected by copyright and other intellectual property laws. You may not reproduce, distribute, or commercially exploit Website content without our prior written consent, except for brief quotations with attribution.

3. Service Engagements

3.1 How Contracts Are Formed

Descriptions of Services on the Website are invitations to treat, not binding offers. A contract for Services is formed only when (a) we issue a written proposal, quote, or order confirmation and (b) you accept it in writing (including by email), or when both parties sign a service agreement. Individual written agreements take precedence over these Terms where they conflict.

3.2 Scope of Services

The scope, deliverables, timelines, and fees for each engagement are defined in the applicable proposal, order confirmation, or service agreement. Anything not expressly included is out of scope. Changes to scope require written agreement and may affect fees and timelines.

3.3 Use of Subcontractors

We operate as a remote agency and may engage qualified subcontractors, freelancers, and partner providers to deliver all or part of the Services. We remain your contractual partner and are responsible for the coordination of Services delivered through subcontractors, subject to the limitations in these Terms.

3.4 Client Cooperation Duties

Timely delivery depends on your cooperation. You agree to provide, without undue delay: required access (e.g. website, CMS, analytics), brand materials, feedback, approvals, and any content or information we reasonably request. Delays caused by missing cooperation extend our deadlines accordingly and do not constitute a breach on our part. If your delay causes additional effort, we may charge for it at our standard rates after notifying you.

4. No Guarantee of Results

This section is a core term of every engagement:

  • Marketing outcomes depend on factors outside our control, including search engine algorithms, advertising platform policies, market competition, seasonality, your industry, your website’s history, your pricing and offer, and your own actions.
  • We therefore do not guarantee any specific outcome, including but not limited to: search engine rankings, keyword positions, traffic levels, lead volume, conversion rates, engagement metrics, revenue, or return on investment.
  • Any projections, forecasts, estimates, or benchmarks we share (before or during an engagement) are good-faith illustrations based on assumptions and past experience. They are not warranted characteristics (keine Beschaffenheitsgarantie) and do not create liability if actual results differ.
  • Search engines and third-party platforms may change their algorithms, policies, or features at any time. We are not liable for the effects of such changes on your rankings, visibility, or performance.

Our obligation is to perform the agreed Services with professional care (Dienstleistung), not to achieve a specific result, unless a specific deliverable is expressly agreed in writing as a work product.

5. Content, Approvals, and Client Responsibilities

5.1 Client Review and Approval

You are responsible for reviewing and approving all deliverables (including content, copy, and creatives) before publication or use. Once you approve a deliverable or publish it, you accept it as conforming to the contract, except for defects that were not reasonably detectable at approval.

5.2 Factual and Legal Responsibility for Published Content

You are solely responsible for ensuring that content published on your own websites, platforms, and channels – including content we create on your instructions – complies with all laws applicable to your business, industry, and jurisdictions, including advertising regulations, industry-specific rules (e.g. health, financial, legal claims), competition law, and consumer protection law. We do not provide legal review of content. If your industry requires legal or compliance review, obtaining it is your responsibility.

5.3 Client-Provided Materials

You warrant that all materials, data, briefs, images, testimonials, and information you provide to us (a) are accurate, (b) do not infringe third-party rights (including copyright, trademark, personality, and data protection rights), and (c) may lawfully be used by us for the agreed purposes. You will indemnify us against third-party claims arising from materials or instructions you provide (see Section 9).

5.4 Access Credentials

Where you grant us access to your systems (CMS, hosting, analytics, ad accounts), you are responsible for granting appropriately scoped access and for revoking it after the engagement ends. We will handle credentials with reasonable care and confidentiality.

6. Fees, Invoicing, and Payment

  • Fees are set out in the applicable proposal or agreement. Unless stated otherwise, all fees are net amounts plus applicable VAT.
  • Recurring services (e.g. monthly retainers) are invoiced in advance; project work may be invoiced per milestone or on completion, as agreed.
  • Invoices are due within 14 days of the invoice date unless otherwise agreed. In case of late payment, we may charge statutory default interest (§288 BGB, currently 9 percentage points above the base rate for business transactions) and a statutory lump sum of EUR 40 per late payment.
  • If invoices remain unpaid after a reminder, we may suspend Services until payment is received. Deadlines extend accordingly.
  • Objections to invoices must be raised in writing within 14 days of receipt; otherwise the invoice is deemed accepted, without prejudice to your statutory rights.
  • Prepaid retainer periods and completed work are non-refundable except where required by law or expressly agreed.

7. Term, Termination, and Cancellation

  • Retainer engagements run for the initial term stated in the agreement and renew automatically for successive periods of the same length unless terminated with [30 days’] written notice before the end of the current term.
  • Project engagements end upon delivery and acceptance of the agreed deliverables.
  • Either party may terminate for good cause (aus wichtigem Grund) without notice, including material breach not remedied within a reasonable cure period, or insolvency of the other party.
  • Upon termination, you pay for all Services performed and costs incurred up to the effective termination date. Work in progress will be handed over in its current state upon full payment.

8. Intellectual Property in Deliverables

  • Upon full payment of the applicable fees, you receive the rights to the final, approved deliverables as agreed – by default, a worldwide, perpetual license to use the deliverables for your business purposes. Broader transfers (e.g. exclusive rights) require express written agreement.
  • We retain ownership of our pre-existing materials, know-how, methods, templates, frameworks, and tools used to create deliverables, and may continue using them for other clients.
  • Drafts, concepts, and rejected versions remain our property.
  • We may use anonymized or (with your consent) attributed descriptions of the engagement as portfolio references and case studies. You may opt out in writing at any time.
  • Where deliverables incorporate third-party assets (e.g. stock images, fonts, plugins), your use is subject to the applicable third-party license terms, which we will identify on request.

9. Indemnification

You will indemnify and hold us harmless from all third-party claims, damages, fines, and reasonable legal costs arising from: (a) materials, data, or instructions you provided; (b) your publication or use of deliverables after approval, including any modifications you made; (c) your violation of laws applicable to your business or industry; or (d) your breach of these Terms. This does not apply to the extent a claim results from our own intentional or grossly negligent conduct.

10. Limitation of Liability

To the extent permitted by German law:

  1. We are liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), for injury to life, body, or health, under the German Product Liability Act, and under any express written guarantee we have given.
  2. For simple negligence, we are liable only for breaches of essential contractual obligations (Kardinalpflichten – obligations whose fulfillment makes proper performance of the contract possible in the first place and on whose fulfillment you regularly rely). In such cases, liability is limited to the foreseeable damage typical for this type of contract, and capped at the total fees paid by you for the affected Services in the 12 months preceding the event giving rise to the claim.
  3. We are not liable for: loss of profit, loss of revenue, loss of anticipated savings, loss of data (to the extent you failed to maintain reasonable backups), loss of rankings or traffic, platform or algorithm changes, actions of search engines or third-party platforms, or indirect and consequential damages – except in the cases listed in paragraph 1.
  4. The above limitations also apply to the personal liability of our employees, representatives, and subcontractors.
  5. Claims for damages under this section expire 12 months after the claim arises and you become aware of the circumstances, except in the cases listed in paragraph 1 and except where mandatory statutory limitation periods apply.

11. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, pandemics, war, strikes, internet or infrastructure outages, or acts of authorities. Deadlines extend for the duration of the event. If a force majeure event persists for more than 60 days, either party may terminate the affected engagement with written notice.

12. Confidentiality

Both parties will keep confidential all non-public business information received from the other in connection with an engagement and use it only for the purposes of the engagement. This obligation survives for 3 years after the engagement ends. Statutory disclosure obligations remain unaffected.

13. Data Protection

Each party complies with applicable data protection law. Details on how we process personal data are set out in our Privacy Policy. Where we process personal data on your behalf, the parties will conclude a data processing agreement under Art. 28 GDPR.

14. Changes to These Terms

We may update these Terms from time to time. For ongoing engagements, changes become effective only if we notify you in writing at least 30 days in advance and you do not object within that period; we will point out the consequences of not objecting in the notification. The version published on the Website applies to Website use and new engagements.

15. Final Provisions

  • Governing law: These Terms and all engagements are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.
  • Jurisdiction: Exclusive place of jurisdiction for all disputes is [insert city – typically the registered seat of your business], provided you are a merchant, legal entity under public law, or have no general place of jurisdiction in Germany.
  • Written form: Amendments and side agreements must be in writing (email suffices). This also applies to waiving this written form requirement.
  • Severability: If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
  • Language: These Terms may be provided in English and/or German. In case of discrepancies, the [English/German] version prevails.

16. Contact

Content Marketing House Email: [email protected]