OUR AGENCY
TERMS & CONDITIONS

These General Terms and Conditions (hereinafter “Terms”) apply to all current and future legal relationships between BFG Media Group, Florian Vögtle, and BFG Media GmbH (hereinafter collectively referred to as “the Agency”) and the respective contracting party (hereinafter “the Client”).

They also apply to all agreements – regardless of form (written, verbal, or electronic) – with the aforementioned companies and their associated sales brand BFG Nitro, represented by BFG Media Group, Florian Vögtle, and BFG Media GmbH.

All offers made by the Agency are non-binding and subject to confirmation.
A contract is only deemed concluded upon written confirmation by the Agency or by the commencement of the service by the Agency.

The binding scope of services is determined by the Agency’s order confirmation or a written agreement. Any subsequent changes or extensions must be confirmed in writing by both parties.

Within the agreed project framework, the Agency shall retain full creative and strategic discretion unless otherwise agreed in writing.

All offers made by the Agency are non-binding and subject to confirmation.
A contract is only deemed concluded upon written confirmation by the Agency or by the commencement of the service by the Agency.

The binding scope of services is determined by the Agency’s order confirmation or a written agreement. Any subsequent changes or extensions must be confirmed in writing by both parties.

Within the agreed project framework, the Agency shall retain full creative and strategic discretion unless otherwise agreed in writing.

The Client shall provide the Agency with all information, materials, and data necessary for the performance of services in due time and in full.

The Client guarantees that all materials provided (such as texts, images, logos, videos, or data) are free of third-party rights. If third-party claims arise, the Client shall indemnify and hold the Agency harmless from all resulting damages and costs, insofar as the Client is responsible for them.

Delays resulting from incomplete, delayed, or inaccurate cooperation by the Client shall appropriately extend any agreed timelines.

The Agency may engage qualified subcontractors or third parties to perform contractual services.
The Agency remains fully responsible to the Client for the fulfillment of all contractual obligations.

Engaging third parties in the name and on behalf of the Client requires the Client’s prior written consent.

Delivery and performance dates shall only be binding if expressly confirmed in writing by the Agency.

The Agency shall not be liable for delays caused by force majeure or unforeseen events beyond its control (e.g., platform outages, technical failures, illness, strikes). In such cases, the deadlines will be extended by the duration of the disruption.

If the Client fails to meet its cooperation obligations, the Agency’s performance obligations shall be suspended until those obligations have been fulfilled.

Unless otherwise agreed, the prices stated in the order confirmation shall apply, plus applicable statutory VAT.
Invoices are payable in full without deduction within 14 days from the invoice date.

The Agency may request advance payments, interim payments, or partial invoices according to project progress.

All services, concepts, and deliverables remain the property of the Agency until full payment has been received.

Cost estimates are non-binding. Drafts, concepts, or proposals not implemented by the Client remain the intellectual property of the Agency and may not be used or disclosed to third parties without prior written consent.

The Client may only offset or withhold payments if their counterclaims have been legally established or acknowledged in writing by the Agency.

All deliverables created by the Agency (including but not limited to designs, concepts, texts, photos, videos, strategies, software solutions) and any works produced by or involving third parties (such as photographers, filmmakers, designers, creators, influencers, or license providers) are protected by copyright law.

The granting of usage and exploitation rights shall be individually defined in the respective contract or order.
Unless expressly agreed otherwise, all copyrights, usage, and exploitation rights remain with the Agency or the respective third-party rights holders.

If the Agency acquires third-party usage rights or incorporates third-party content (e.g., music, stock footage, typefaces, or creator content) on behalf of the Client, the respective license or platform terms of those rights holders apply. The Client agrees to comply with those conditions.

Any reproduction, modification, or use of such works for purposes other than those contractually agreed requires the prior written consent of the Agency or the respective rights holder.

The Agency is entitled to use the Client’s name, logo, and the work created within the project for reference and self-promotion purposes.

This includes the presentation of the project (in whole or in part, such as screenshots or excerpts) on the Agency’s websites, social media channels, case studies, presentations, offers, or other promotional materials.

No additional approval from the Client is required unless the Client explicitly objects in writing.

Confidential content or data marked as confidential, or whose confidential nature is evident, is excluded from this provision.

The Agency shall be liable for damages – regardless of the legal basis – only in cases of intent or gross negligence.
In cases of slight negligence, liability shall be limited to the breach of essential contractual obligations (“cardinal duties”), and only for foreseeable, typical damages.

The Agency shall not be liable for loss of profit, indirect damages, or consequential damages.
The maximum liability amount shall be limited to the net order value.

The above limitations do not apply to damages arising from injury to life, body, or health, or in cases of mandatory statutory liability.

The Client acknowledges that social media platform providers (e.g., Meta, TikTok, YouTube, LinkedIn) reserve the right to reject, block, or remove content or campaigns without justification.

The Agency has no control over such actions and cannot be held liable for them. The Agency performs all social media services to the best of its knowledge and in compliance with the respective platform policies in force at the time of execution.

Both parties may terminate the contract for cause.
Good cause shall be deemed to exist in particular if either party, despite written notice and a reasonable cure period, breaches material contractual obligations.

Services already rendered at the time of termination shall be paid for in full.

Should any provision of these Terms be or become invalid, this shall not affect the validity of the remaining provisions.
The invalid provision shall be replaced by one that most closely reflects the economic intent of the original clause.

These Terms and all related contractual relationships are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of performance and exclusive jurisdiction shall be Ravensburg, Germany, unless otherwise required by law.

Version: August 2025