New Fluence general terms
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General terms and conditions for advertising partners
Status: October 1, 2023
Contractual partner:
The contract is concluded with Freebiebox GmbH, Taborstraße 20/8, AT-1020 Vienna (Austria). Further contact details, company register number and the name of a person authorized to represent Freebiebox GmbH can be found in the legal notice at www.new-fluence.com.
1. general
(1) These General Terms and Conditions apply to all business relationships with the clients (hereinafter: “Customer”) of Freebiebox GmbH (hereinafter: “New Fluence”), in particular to business relationships concluded via the New Fluence website (www.new-fluence.com), in writing by e-mail, SMS, social media, messenger service or by telephone, video chat or similar.
(2) New Fluence supports the customer in the implementation of advertising campaigns (e.g. cooperations, product placement campaigns, performance campaigns, give-away campaigns, in particular in cooperation with influencers, hereinafter collectively: “Campaign”) in social media including blogs (hereinafter: “Profiles”) in accordance with the provisions of these General Terms and Conditions. In accordance with the respective order, New Fluence searches for and procures advertisers for the campaign requested by the customer, in particular those who are active in social media and have different reach (hereinafter: “influencers”), provides the selected advertisers with information (“briefing”), materials and/or product samples for the campaign and, as far as possible and reasonable, has the advertisers send it proof of the implementation of the campaign on their profiles.
(3) According to the respective order, New Fluence will search for a certain number of influencers for the customer’s campaign at the customer’s discretion. For example, New Fluence can support a customer in having 250 influencers publish content (e.g. Instagram Stories, Instagram feed posts, Instagram Reels, TikTok videos, etc.) about their brand via their social media channels (including Instagram, TikTok, Facebook, YouTube, etc.). New Fluence defines a period for the campaign with the customer in the individual order. New Fluence will endeavor to ensure that the influencers referred publish the content relating to the customer’s brand on their profiles within this period, if necessary by means of an urgency. However, these time periods are only guidelines, as influencers decide for themselves when they publish which content. New Fluence is not obliged to publish a certain amount of content within the specified time periods by the influencers.
(4) Unless the contracting parties agree otherwise, the customer does not know at the time of conclusion of the contract which influencers will carry out the campaign he has booked.
(5) Unless expressly agreed otherwise in writing, New Fluence does not owe the provision of a certain volume of publications in a certain period of time. Furthermore, New Fluence can only estimate the potential success of certain advertising measures on the basis of empirical values. The customer is aware that New Fluence does not owe any specific business success through the booked campaigns. The customer has no claim to the achievement of a specific result.
2. scope of application
(1) If a customer with New Fluence
- who books support for influencer campaigns
- and/or influencer gets mediated
- and/or receives mailings / messenger messages / newsletters
- and/or makes use of (advertising) services/services
the exclusive validity of these General Terms and Conditions (GTC) of New Fluence is agreed. New Fluence expressly does not permit the use of New Fluence’s services without prior acceptance of these GTC.
(2) All agreements made between the customer and New Fluence in connection with the respective contract result from these terms and conditions and from individual agreements with the customer.
(3) The version of our GTC valid prior to the use of our services shall apply.
(4) New Fluence only accepts deviating, conflicting or supplementary general terms and conditions of the customer if and to the extent that an authorized representative (management) of New Fluence has expressly agreed to their validity in writing. This approval requirement applies in all cases.
(5) Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall take precedence over these GTC. Written form (order confirmation, contract, e-mail) is decisive for the content of such agreements.
(6) Legally relevant declarations and notifications to be made by the customer to New Fluence after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing to be effective.
(7) References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.
3. inquiries from the customer
(1) The customer undertakes to provide truthful information in every request for support with a campaign and not to impersonate another person or use a name for which he is not authorized.
(2) The customer undertakes not to transmit any content containing viruses, Trojans or other program code that could damage the system of New Fluence or its partners. In the event of non-compliance, the customer is obliged to compensate New Fluence for any damage incurred by New Fluence as a result of any culpable breach of the above obligations.
(3) The customer undertakes not to send New Fluence any unsolicited advertising, inaccurate warnings about viruses, malfunctions and the like, or to encourage participation in snowball systems, chain letters, pyramid schemes and similar campaigns in his messages.
(4) For each campaign, the customer is obliged to comply with and recognize the rules set out in these terms and conditions. In the event of a breach of these regulations, New Fluence is entitled to immediately interrupt, restrict or completely discontinue all services for the customer. This does not affect New Fluence’s claims to remuneration.
4 Conclusion of contract, service description
(1) The presentation and advertising of our services on our websites, in print media or within advertisements (for example on Instagram) do not constitute a binding offer to conclude a contract with New Fluence.
(2) New Fluence’s offers are aimed exclusively at entrepreneurs within the meaning of consumer protection law. An effective contract is only concluded if the customer is an entrepreneur, a legal entity under public law or a special fund under public law. If New Fluence is commissioned by a consumer, New Fluence reserves the right to revoke any contract within 14 days of becoming aware of the consumer status.
(3) The contract between New Fluence and the customer must be concluded in writing, e.g. by email/WhatsApp. The customer agrees that telephone calls with him and/or respective video chats may be recorded for evidence and documentation purposes.
(4) The services of New Fluence include, among other things, the search and placement of a number of influencers defined in the respective offer with a defined total number of followers of these influencers. However, the specific influencers placed for the customer’s campaign are usually not fixed at the time the contract is concluded, but are only sought and fixed by New Fluence during the course of the campaign. The number and characteristics of influencers can vary over the entire duration of the campaign. If no specific requirements and/or restrictions for the influencers (for example: origin, age, number of followers, etc.) have been agreed with the customer, New Fluence is given a free hand in the selection of influencers.
(5) Unless otherwise agreed in the signed offer from New Fluence, the customer has no say in the selection of influencers and may not exclude any influencers from the campaign, even retrospectively. For an extra fee, however, it is possible to book a so-called veto right, which allows the customer to approve each influencer individually and, if desired, to exclude them from a campaign at a later date. This right of veto must be expressly agreed between the contracting parties and does not exist otherwise. The customer acknowledges that if the right of veto is exercised, the total reach and number of participating influencers specified in the offer may not be achieved, as New Fluence has no influence on how many influencers are subsequently excluded from the campaign by the customer using the right of veto. If the contracting parties have agreed a veto right, the customer has the option of manually approving or rejecting each influencer in a list that is updated daily. Influencers that have neither been approved nor rejected within 3 working days of being added to the list shared with the customer are automatically deemed to have been approved by the customer.
(6) To carry out the campaign, each influencer receives a briefing on the client’s brand. This briefing should summarize the most important information about the brand and the advertised product. The briefing is prepared by the customer. The customer is obliged to send the briefing in accordance with New Fluence’s formal requirements by the deadline defined in writing by New Fluence. The customer is provided with a template for the briefing as an aid, which also defines the scope of the briefing. Unless otherwise agreed in writing, the customer is obliged to adhere to the briefing specifications. The customer acknowledges and agrees that New Fluence will only check the briefing for completeness and not for accuracy of content. The briefing is an essential requirement for the influencers. If a customer does not wish to create the briefing themselves, the creation of the briefing by New Fluence can be booked as an additional service for a fee.
(7) The services of New Fluence include the following services, unless otherwise agreed in the offer:
- Search and acquisition of influencers for the client via various channels or partner agencies
- Negotiations with the influencers
- Payment of the influencer fees
- Sending the briefings
- Communicating with influencers and answering any questions that may arise before, during or after the campaign
- Checking the quality of the shared content
- If necessary, send reminders to influencers if they have not shared the agreed content on the agreed social media channel in a timely manner
(8) The service of New Fluence is expressly limited to the search and fixing of influencers, the sending of the briefing and the communication with the influencers. New Fluence will use reasonable endeavors to ensure that the fixed influencers publish the content on their profiles within the campaign period. However, New Fluence is not responsible for ensuring that all influencers specified in the offer carry out the specified number of publications within the campaign period, nor for ensuring that the customer achieves a certain level of business success through these publications. Therefore, New Fluence’s contractual service is rendered as soon as the customer’s products have been sent to the agreed minimum number of influencers with the minimum number of followers defined in the offer and all influencers have either already published content with the product or have been requested in writing by New Fluence to publish the agreed content at least once after the specified deadline has expired. New Fluence cannot guarantee that the number of influencers defined in the offer will actually publish postings with the product, as this does not depend on New Fluence, but on the individual influencers. New Fluence acts purely as an interface to the influencers and is not involved in the direct creation and publication of content. The briefing approved by the customer is sent to each participating influencer without exception and must be confirmed in writing by each influencer before the products are dispatched. New Fluence does not guarantee that influencers will adhere to the briefing and therefore does not guarantee any content or visual content quality features. New Fluence can only attempt to ask the influencer to comply with the briefing, but has no further direct influence on the published content.
(9) For each individual order, New Fluence reserves the right to check the content and products sent by the customer for offensive, racist, otherwise defamatory or criminal content. In such a case, New Fluence is entitled to discontinue the services without refunding any payments already made by the customer.
(10) Unless the contracting parties agree otherwise, the customer is not entitled to a preliminary review and inspection of the content published by the influencers. Rather, unless otherwise agreed in writing with New Fluence, the content is published without the customer’s prior approval.
(11) New Fluence undertakes to provide the customer with an overview of the content published to date during an ongoing campaign at any time within 7 days on request. This overview can be presented either with the help of a digital reporting tool or as a simple table. The customer acknowledges that, due to technical circumstances, such an overview may not contain all published content. Furthermore, New Fluence may not know when and whether content has already been published for all influencers entrusted with the respective campaign. This may be related to the fact that New Fluence’s internal account has not been flagged by all influencers, although this is part of every briefing.
(12) If the customer opts for a campaign with physical goods, they shall bear the costs for the respective goods and their shipment to New Fluence or the influencers (in particular shipping costs and any customs duties). If the customer wishes the goods to be returned after the end of the campaign, he shall also bear the costs of returning the goods to him.
(13) At the end of the campaign period, the customer receives an overview of the campaign’s most important key figures, such as estimated reach, estimated impressions, number of individual story sequences, etc. These are explicitly estimated values based on predefined formulas. These are explicitly estimated values based on predefined formulas. The calculation is based on the total number of followers of all influencers in a campaign to whom a package was sent, regardless of whether they actually posted content for the campaign. The formulas can be viewed by the customer at any time and are based on empirical values and the key figures of similar influencer analysis tools.
5. premature termination of campaigns
(1) New Fluence reserves the right to prematurely terminate the individual order in the event that the product to be advertised is rejected by more than 50% of the influencers requested and they are not willing to advertise it, for example because they cannot stand behind the product or are deterred by bad feedback from other customers. If a product is rated very poorly by more than 50% of the influencers participating in the customer’s campaign during the campaign, New Fluence also reserves the right to terminate the campaign prematurely.
(2) In the event of premature termination in accordance with § 5 para. 1, the customer shall pay 50% of the total remuneration agreed in the individual order.
(3) Early/free termination rights of the customer within the contract term are excluded.
(4) The right to terminate the contract without notice for good cause remains unaffected.
(5) In the event of premature termination by the customer for good cause, New Fluence’s claim to remuneration remains unaffected. The customer reserves the right to prove that New Fluence has suffered no or significantly less damage.
6. remuneration
(1) All prices quoted by New Fluence are net prices and do not include statutory VAT.
(2) Fees are due for payment in advance immediately upon invoicing.
(3) The term of payment is stated in the offer and is generally 14 days from confirmation of the offer by signature and receipt of a proper invoice.
(4) Invoices from New Fluence are to be paid by bank transfer without deductions. The customer expressly consents to New Fluence sending invoices by e-mail.
(5) In the event of default in payment, default interest of 10% p.a. shall be deemed agreed. Default of payment shall be deemed to exist if payment has not been made within 2 calendar days following a written reminder (e-mail is sufficient).
(6) It is agreed that the value of all fees shall remain stable on the basis of the consumer price index (CPI 2020) published by the Austrian Federal Statistical Office. The base month is the month in which the contract is signed. Fluctuations up to and including 3% upwards or downwards are not taken into account, but the entire change is fully taken into account if it is exceeded or fallen short of. The new index figure forms the new basis for calculating further over- or underruns. If the above-mentioned index is no longer published, a comparable index as determined by the Austrian Federal Statistical Office or its legal successor or a similar institution shall be applied.
(7) New Fluence is entitled to change the fees with effect from the next renewal period (see § 7). New Fluence will notify the company of the change in the fee in the invoice sent to the company for the extension period. In the event of a price increase, the company has the right, within four weeks of the date of the invoice, to withdraw from the contract by written declaration to New Fluence with retroactive effect from the date of the extension. This paragraph does not apply to index adjustments of the remuneration in accordance with paragraph 6. In the event of index adjustments, the company has no right to terminate the contract.
(8) The fees communicated to the customer prior to the official offer, for example in e-mails or by telephone, are non-binding. The customer is not entitled to the services specified at the price quoted in e-mails or by telephone. Only the final prices stated in the official written offer shall apply.
(9) If the prices in the official offer deviate from the original communications, the customer has the right to reject this offer.
(10) Since New Fluence does not owe the customer any specific content or any specific nature of the publications by the influencers (and could not do so because the influencers themselves decide within the limits of the briefing how they design the content on their profiles and mention products), the customer must pay the full fee even if individual influencers do not fully comply with the customer’s ideas, provided that New Fluence has acted in good faith and has reminded the influencers at least once in writing of the missing services. Even if individual influencers have not yet shared their content by the specified deadline, New Fluence is entitled to the full remuneration according to the offer, provided that the influencers have been selected and briefed and have been reminded at least once of the missing content.
(11) If the official offer contains typographical errors and/or incorrect pricing information, New Fluence will inform the customer before the start of the campaign and resend the official offer in the corrected version for confirmation by the customer. In this case, the customer has the right to reject the corrected offer.
7 Contract term and termination
(1) The contract shall initially run for the period booked by the customer in the individual order. Thereafter, the contract is always extended by the original term unless it is terminated by the customer no later than 90 days before the end of the respective term. Notice of termination must be given in writing (by e-mail, letter or fax). Early termination and an aliquot refund of the amount already paid are not possible.
(2) One-off special campaigns are excluded from automatic renewal and are also marked as such in the offer.
(3) If New Fluence is unable to fulfill its performance obligation for reasons for which it is responsible, it must inform the customer of this within 5 days. In this case, the customer has the right to terminate this agreement extraordinarily.
(4) If the customer does not meet his payment obligation, New Fluence has the right to terminate this agreement extraordinarily.
8. delay
(1) Deadlines for the provision of services by New Fluence do not begin until New Fluence has received all the information and data necessary for the agreed services and the customer has taken all necessary cooperative actions. This also includes sending and releasing the briefing and, if necessary, the physical goods.
(2) New Fluence is not liable for the influencers creating and publishing the content within the time specified in the offer. Once New Fluence has sent a reminder to the defaulting influencer, New Fluence’s performance is fulfilled and New Fluence is not in default.
(3) New Fluence will extend campaign periods by mutual agreement with the customer if necessary and reasonable. New Fluence makes reasonable efforts to ensure that the fixed influencers meet the agreed deadlines and takes proactive measures to enable the deadlines to be met. This includes written reminders and requests to influencers to publish the agreed content in a timely manner.
(4) If the customer is in arrears with payments due, New Fluence reserves the right not to provide further services until the outstanding amount has been settled.
(5) If the customer is in arrears with an installment due to New Fluence, New Fluence is entitled to discontinue the services. Furthermore, New Fluence is entitled to terminate the contract extraordinarily after a fruitless reminder and to claim the entire remuneration due by the next ordinary termination date. The customer reserves the right to prove that New Fluence has suffered no or significantly less damage.
9. fulfillment
(1) New Fluence shall perform the agreed services in accordance with the offer with the necessary care. New Fluence is entitled to use the assistance of third parties/service providers for this purpose.
(2) It is agreed that New Fluence owes the provision of services and not the production of a work.
(3) If New Fluence is prevented from providing the agreed services and the reasons for the hindrance originate from the customer’s sphere, the claim for remuneration on the part of New Fluence remains unaffected.
(4) New Fluence’s services are fulfilled as soon as the customer’s products have been sent to the agreed minimum number of influencers and all influencers have either already published content or have been requested in writing by New Fluence to post at least once after the specified deadline. The customer is expressly not entitled to a specific content or visual quality of the content or the fulfillment of the entire briefing or a specific ROI. Furthermore, the customer is expressly not entitled to the publication or creation of content by all influencers.
10. copyright
(1) New Fluence will make reasonable efforts to make the content published by the influencers available to the customer in a suitable form, provided that New Fluence was able to store the content itself. In individual cases, it may happen that content cannot be saved by New Fluence and thus cannot be made available to the customer for viewing, for example because influencers have not marked the specified account of New Fluence or there were technical problems with the content download. In such cases, New Fluence is not obliged to make the content available to the customer for viewing.
(2) The customer does not receive any rights of use to the influencers’ content, but may only use it internally for viewing. The customer shall cite the author in an appropriate manner. The customer is not authorized to use the content beyond this, in particular to publish, distribute, make it publicly available or edit it. The granting of rights of use requires an express agreement.
(3) The customer grants New Fluence free of charge a non-exclusive, geographically unrestricted license to use its brand and all content sent by it for the briefings (in particular logos, claims, product images, subjects), limited in time to the duration of the campaign, to use this brand and the content for the performance of the contractual services, in particular for the compilation of the briefing, any necessary editing and forwarding to the specified influencers. New Fluence is also entitled to grant this license to all influencers acquired for the respective campaign (sublicense). The customer warrants that it can grant this authorization to the extent necessary for the performance of the contract. He must indemnify and hold New Fluence and the respective influencers harmless from any claims by third parties in this regard.
11. warranty
(1) The customer is not entitled to uninterrupted support services. The availability of service staff and the possibility of contacting them may be temporarily restricted or unavailable. The customer has no claim if the New Fluence website, telephone lines, messenger services or similar are not accessible due to force majeure or internal resources and the New Fluence service cannot be accessed or contact options are restricted or interrupted.
(2) New Fluence provides a warranty for the services defined in the GTC. If the defined scope of services of New Fluence according to § 4 para. 7 and 8 and § 9 para. 4 has been fulfilled, the customer may not refuse to accept the services unless there has been a significant deviation from the scope of services.
(3) The customer must immediately check all published content during the campaign period for obvious defects and, if there are any, report them within a maximum of 7 days after publication of the respective content so that New Fluence can inform the influencer concerned. New Fluence will inform the influencer of the defect that has occurred and request a correction. However, New Fluence cannot guarantee the implementation of this correction, as this depends on the respective influencer. This applies both with regard to the technical usability of the content and with regard to the agreed quality in terms of content, graphics and art. The same applies if such a defect becomes apparent at a later date.
(5) The customer’s right to reduce the price or withdraw from the contract at his discretion in the event of a single failure of the repair or replacement delivery remains unaffected. There is no right of withdrawal in the case of minor defects. If the customer claims damages or compensation for futile expenses, New Fluence is liable in accordance with §12 of these GTC.
(6) All information provided by New Fluence with regard to a possible ROI and influencer recommendations are estimates based on New Fluence’s experience and analysis and are compiled and evaluated to the best of its knowledge and belief. The customer is expressly not entitled to a specific ROI.
12. liability
(1) New Fluence is only liable to the customer for damages that New Fluence causes intentionally or through gross negligence. This does not apply to personal injury. Liability is limited to the typical contractual damage that New Fluence had to expect at the time the contract was concluded due to the circumstances known at that time. To the extent permitted by law, liability for financial losses and loss of profit is excluded.
(2) New Fluence is not liable for damages arising in connection with the use of a consideration.
(3) New Fluence is only liable for loss of data in accordance with the above paragraphs and only if such a loss could not have been avoided by appropriate data backup measures on the part of the customer.
(4) The limitations of liability also apply mutatis mutandis to vicarious agents of New Fluence.
(5) New Fluence is not liable for the lack of labeling of the delivered content as advertising or permanent advertising. The customer hereby expressly releases New Fluence from any obligation arising from a lack of labeling.
(6) If the customer sends products or other items to the influencer in the course of the campaign, the customer is solely liable for the condition of the items sent. New Fluence assumes no liability or warranty with respect to the shipment and quality of the customer’s product/service.
(7) Unless otherwise agreed, the statutory limitation periods shall apply.
13. contractual penalty
(1) If the customer enters into a further contractual relationship directly with an influencer for the creation of campaigns after this influencer has already been made known to him in an offer from New Fluence, albeit not yet the final offer, or otherwise (e.g. by e-mail, messenger, SMS or telephone), he undertakes to pay New Fluence a contractual penalty of € 1000.00 in each individual case of infringement (per influencer). The same applies in the event that the influencer’s data is passed on by the customer to third parties who are not party to the contract.
(2) If the customer enters into a contractual relationship directly with an influencer within 18 months of the completion of a campaign in which New Fluence has supported the customer, for the creation of a further campaign that no longer corresponds to the campaign originally created with the assistance of New Fluence, the customer undertakes to pay New Fluence a contractual penalty of € 1000.00 in each individual case of infringement (per influencer). This contractual penalty does not apply if the influencer was booked directly via New Fluence or if New Fluence has given its written consent for the cooperation in advance.
(3) The contractual penalties according to this § 13 are not subject to the judicial right of moderation and are due for payment immediately with each individual breach. Any further claims by New Fluence remain unaffected.
14. customer reference
(1) Unless otherwise agreed or unless the customer expressly objects, the customer agrees to serve as a reference for New Fluence upon conclusion of the contract. The references may be presented in both digital and non-digital form. New Fluence may include the company, the customer, the logo and, if applicable, the name of the customer in the reference. use other, publicly known information, such as the industry.
(2) If the customer is an agency, New Fluence may refer to it as a “partner agency” or “partner platform”.
(3) If the customer is an agency or platform, the customer agrees that New Fluence may indicate the actual brand to be advertised (or the customer of the agency/platform) as a reference. The agency or the platform must inform New Fluence immediately if its own customer objects to being named as a reference.
(4) The customer may request the removal of the reference if the last order placed was at least five years ago. In addition, the customer may revoke consent at any time and request removal if personal data of natural persons are affected by the publication as a reference. The customer also has the right to removal if it can be proven that special operational interests of the customer, in particular trade secrets, are affected by the naming as a reference.
(5) If New Fluence is obliged to remove the reference in accordance with the above paragraph, the customer shall grant a period of four weeks to remove the reference for easily changeable mentions (e.g. website, emails, social media channels, etc.) and a period of six months for all other uses.
15. secrecy
(1) The customer undertakes to maintain secrecy about the offers for all campaigns and to treat this information confidentially. This includes, in particular, all details, information and data about the participating influencers, the agreed prices and, in particular, details about New Fluence itself. This also includes the name of the influencer as well as the type of campaign and the content of the agreements between New Fluence and the customer.
(2) In particular, the customer is prohibited from disseminating, disclosing or otherwise publishing this information on the Internet, especially in so-called social networks and media.
(3) Confidentiality also implies a duty of confidentiality towards the influencers involved in the campaign themselves, for information discussed between the customer and New Fluence in the course of order creation and campaign communication.
(4) Information relating to the campaign, in particular the schedule, appointments, prices, other influencers involved and similar sensitive data may only be passed on to the influencer(s) via New Fluence and its vicarious agents. Direct communication between customers and influencers is strictly prohibited.
(5) This obligation does not apply to information about the campaign,
(a) which were demonstrably already known to the customer when the contract was concluded or which subsequently become known to the customer from a third party without violating a confidentiality agreement, statutory provisions or official orders;
(b) which are publicly known at the time the offer is made or are made public thereafter, unless this is due to a breach of this contract;
(c) which must be disclosed due to legal obligations or by order of a court or authority. As far as permissible and possible, the recipient obliged to disclose will inform the other party in advance and give it the opportunity to take action against the disclosure.
(6) Any culpable breach of these provisions shall result in a contractual penalty amounting to twice the agreed remuneration. Further claims by New Fluence remain unaffected.
16. information on data processing
(1) The protection of personal data is a top priority for New Fluence. New Fluence therefore provides separate information on the collection, processing and storage of personal data and the rights of data subjects in New Fluence’s privacy policy. The customer confirms that he/she has taken note of the privacy policy, which is available on the New Fluence website, before using the services of New Fluence.
(2) In the course of processing customer orders, the data is stored internally, offline/online, in particular with CRM services such as Pipedrive, spreadsheets such as Gsuite (Excel sheets) and in cloud solutions, e.g. with the Apple iCloud, IONOS Cloud or similar.
(3) New Fluence will not use data for the purposes of market or opinion research without the customer’s consent.
(4) The customer or its employees have the possibility at any time to obtain information about the data stored by New Fluence, insofar as it concerns personal data, and to change or delete it. The customer must inform New Fluence of the request for information or deletion in writing by e-mail to: info@new-fluence.com. The actual receipt of the e-mail by New Fluence is decisive.
(5) New Fluence occasionally sends e-mails to existing customers or contacts who have contacted New Fluence regarding a collaboration, but no collaboration has materialized, with useful information and offers on services relevant to the customer. The customer may object to the sending of e-mails at any time in writing to the address specified in §16 para. 4 e-mail address provided.
17 Final provisions
(1) New Fluence reserves the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the customer. New Fluence will inform the customer of any changes to the GTC in good time. The customer expressly grants New Fluence his consent to the transmission of the amended GTC via e-mail. If the customer does not object to the validity of the new GTC within six (6) weeks of notification, the amended GTC shall be deemed to have been accepted by the customer. New Fluence will inform the customer in the notification of his right of objection and the significance of the objection period.
(2) The exclusive place of jurisdiction and place of performance is Vienna.
(3) Austrian law shall apply to the exclusion of international conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
(4) These GTC are complete and conclusive. Amendments and changes to the contract must be made in writing; this also applies to the waiver of the written form requirement itself. The invalidity of individual provisions shall not affect the validity of these GTC as a whole. In place of an invalid provision, the provision that comes closest to the economic sense and purpose of the provision of the parties and is effective shall apply. Corresponding agreements may apply. The same applies in the event of an unintended loophole, which must be replaced by a provision that comes as close as possible to what was intended.
DEFINITIONS
“Campaign”
Implementation of several influencer cooperations within a predefined period at defined conditions.
“Influencers ” – advertisers, bloggers, video producers and other people or companies who post on social media channels, whereby influencers can be both consumers and entrepreneurs.
“Posting ” – publication of content (images, videos, texts, etc.) on social media. Postings include all social media content, in particular Instagram stories, Instagram feed posts, YouTube videos, TikTok videos, etc.
“Social media ” – social networks. Especially Instagram, Facebook, YouTube & TikTok
“Briefing ” – This contains important information about the campaign and the customer’s products to be advertised, as well as the brand’s expectations of the influencer.
“Content ” – Content is defined as all photos, videos, etc. that are created by influencers during a campaign.
