Terms & Conditions

Note: AVAA Agency is headquartered in Cyprus (Limassol). The authoritative legal terms are in German (see /agb). This translation is provided for reference only and is not legally binding. In case of any discrepancies, the German version prevails.

§ 1 Scope of Application

These Terms & Conditions (hereinafter "T&C") apply to all services provided by AVAA Marketing Ltd, Polykarpou Smyrnis 6, 4044 Germasogeia, Cyprus (hereinafter "AVAA") to its clients (hereinafter "Client"). Any deviating or conflicting conditions of the Client become part of the contract only if AVAA explicitly agrees to them in writing.

§ 2 Contract Formation

A contract is concluded by written order confirmation from AVAA or by commencing performance upon receipt of a written order. Offers from AVAA are non-binding.

§ 3 Scope of Services

The scope of services is defined in the respective offer or order confirmation from AVAA. Changes or extensions require written agreement. Where AVAA acts in an advisory capacity, AVAA undertakes to perform services with due diligence according to recognized standards of practice, but does not guarantee a specific economic outcome.

§ 4 Compensation and Payment Terms

Compensation is specified in the individual offer. Unless otherwise agreed, invoices are due within 14 days of invoice date without deduction. All prices are exclusive of applicable VAT.

§ 5 Client Cooperation Obligations

The Client provides AVAA with all information, access credentials, content, and materials necessary for service provision in a timely and complete manner. The Client is responsible for the legal permissibility of all content and specifications provided.

§ 6 Third-Party Services, Partners, and Referral

(1) Where AVAA facilitates, initiates, or refers contacts with third parties (e.g., partners, suppliers, sponsors, platforms, agents) in the context of affiliate, partnership, sponsorship, or similar projects, AVAA acts exclusively as a referral agent.

(2) The contract for the third party's actual service is concluded directly between the Client and the respective third party. AVAA is not party to that service relationship and does not guarantee the third party's performance or success.

(3) AVAA's obligation is limited to careful referral or the expressly agreed services. AVAA is not liable for actions, omissions, performance failures, breaches, payment defaults, defects, or violations by partners or third parties.

(4) AVAA makes no warranty or guarantee regarding the creditworthiness, reliability, quality, availability, legality, or economic success of services provided by third parties. Any claims for performance failures shall be made directly against the respective third party. AVAA may, at the Client's request, assign its own claims against the third party to the Client for satisfaction.

(5) Partner and third-party selection is made with industry-standard care. No further duty to monitor, verify, or ensure third-party performance exists.

§ 7 Liability

(1) AVAA is liable without limitation for intent and gross negligence, as well as for injury to life, body, or health. Liability under product liability law remains unaffected.

(2) In case of simple negligence, AVAA is liable only for breach of a material contract obligation (cardinal duty) whose performance is necessary for proper contract execution and on which the Client typically relies. Liability is limited to typical, foreseeable damages.

(3) All further liability is excluded. In particular, AVAA is not liable for indirect damages, consequential damages, or lost profits, unless one of the cases in subsections 1 or 2 applies.

(4) The above liability limitations apply equally to legal representatives, employees, and agents of AVAA.

(5) The liability provisions of § 6 (Third-Party Services) remain unaffected.

§ 8 Indemnification

The Client indemnifies AVAA from all third-party claims arising from content, specifications, or instructions provided by the Client, or from the contractual relationship between the Client and a referred third party, insofar as AVAA is not responsible for such claims.

§ 9 Governing Law and Jurisdiction

German law applies, excluding the UN Convention on International Sale of Goods (CISG). For merchants, legal entities under public law, or public-sector entities, exclusive jurisdiction for all disputes is Berlin.

§ 10 Severability

Should any provision of these T&C be invalid in whole or in part, the validity of all other provisions remains unaffected. An invalid provision is replaced by the legally permissible provision that comes closest to the economic purpose of the invalid provision.

§ 11 Contact

AVAA Marketing Ltd, Polykarpou Smyrnis 6, 4044 Germasogeia, Cyprus · office@avaa.agency