Terms of Service

1. Contracting party and scope

These Terms of Service apply to offers, contracts and services provided by Kseniia Udovitskaia Marketingberatung, trading as Smartiee Agency, unless otherwise individually agreed. Our contact details are set out in the Legal Notice.

Our services are primarily intended for businesses, self-employed professionals, organisations and professional services providers. Individual agreements, accepted proposals and order confirmations take precedence over these terms. These terms become part of a contract only where validly incorporated into that contract.

2. Services

We provide marketing and digital services, including website planning, development, relaunches and maintenance; content and SEO; PR and publications; legal ranking submissions; AI visibility; digital communications; and related consulting.

The agreed proposal or order confirmation defines the deliverables, languages, scope, responsibilities and fees. Services not included in that agreement are outside the scope of the assignment.

3. Formation of a contract

Descriptions and prices on this website are information, not binding contractual offers. A contract is formed when a client accepts an individual offer from Smartiee or when Smartiee expressly confirms an order.

Acceptance may be communicated in writing, by email, by electronic confirmation or by another clear declaration.

4. Client cooperation

The client must provide the information, content, permissions, access credentials and feedback needed for the project in a timely manner. These may include texts, images, logos, domain and hosting details, required legal notices and designated project contacts.

The client is responsible for having the necessary rights and permissions for materials supplied to us. Delays in providing materials or approvals may require corresponding changes to the schedule.

5. Prices and payment

Fees are those stated in the individual offer or order confirmation. Unless otherwise stated, prices are exclusive of applicable VAT.

Unless otherwise agreed, invoices are payable without deduction within 14 days of the invoice date. Advance payments, instalments or milestone payments may be agreed for larger projects.

6. Timelines and approvals

Timelines are binding only where expressly agreed as binding in writing. We provide drafts, interim work or completed deliverables for review at the agreed stages.

The client should provide feedback and approvals within the agreed time. If a response is not received within a reasonable period, the project schedule may need to change. Silence does not by itself constitute approval under these terms.

7. Changes and additional services

The number and scope of revisions are defined in the individual agreement. Additional pages, languages, functions, integrations or changes to an approved concept may involve additional fees and revised deadlines.

The scope and fees for additional work will be agreed before that work is undertaken.

8. Third-party services

Projects may use hosting providers, content management systems, website builders, analytics tools, email services, fonts, plugins or other external services. Their own terms and licensing conditions apply where relevant.

Third-party availability, functionality and pricing may change outside our control. This does not exclude liability for our own contractual obligations, for matters for which we are legally responsible, or under Section 13 below.

9. Marketing outcomes

We carry out the services and deliverables agreed with the client. Unless expressly agreed otherwise, we do not guarantee particular search positions, AI-generated recommendations, media placements, directory rankings, enquiry volumes, sales or financial results.

Search engines, editors, ranking researchers, advertising platforms and prospective clients make decisions independently of Smartiee.

10. Rights to deliverables

After full payment, the client receives the rights to use individually created deliverables that are necessary for the agreed purpose, to the extent we hold those rights and no third-party rights prevent this.

Rights in drafts, methods, templates, internal processes, working files and components not expressly transferred remain with Smartiee, unless otherwise agreed. This does not limit the agreed rights to the final deliverables.

Third-party images, fonts, software, plugins, templates and platforms remain subject to their respective licences.

11. Project references

Subject to confidentiality obligations and applicable permissions, Smartiee may mention completed projects as references on its website, in presentations and in professional profiles unless the client objects in text form or a different arrangement has been agreed.

This provision does not authorise disclosure of confidential information or use of third-party materials beyond the rights available to us.

12. Confidentiality and personal data

Both parties must keep confidential information obtained during the engagement confidential and must not disclose it without the other party’s permission, except where required by law or necessary for authorised project delivery under appropriate confidentiality obligations.

Where we process personal data on a client’s behalf, any required data processing agreement will be agreed separately. Website visitor and enquiry processing is described in our Privacy Policy.

13. Liability

Smartiee is liable without limitation for intentional misconduct, gross negligence and harm to life, body or health, and wherever liability cannot lawfully be limited.

In cases of ordinary negligence, liability for breach of an essential contractual obligation is limited to foreseeable loss typical for the contract. An essential obligation is one whose performance is necessary for proper contractual performance and on which the client may normally rely.

Any other limitation applies only to the extent permitted by law. Mandatory statutory rights, liability under applicable product liability legislation and expressly assumed guarantees remain unaffected.

14. Termination and project cancellation

Ongoing engagements may be terminated in accordance with their individually agreed terms and applicable statutory rights.

If the client cancels a project or permanently discontinues it, services already performed and expenses properly incurred may be charged in accordance with the agreement and applicable law. Mandatory termination rights remain unaffected.

15. Consumer contracts

Our services are primarily intended for business clients. If we exceptionally enter into a contract with a consumer, mandatory consumer protections remain unaffected.

Distance and off-premises consumer contracts may require separate pre-contract information and cancellation instructions. These terms do not replace such information or remove statutory cancellation rights.

16. Consumer dispute resolution

Smartiee is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

17. Applicable law and remaining provisions

German law applies, subject to mandatory rules that cannot be excluded. In particular, a choice of German law does not deprive a consumer of mandatory protections that would otherwise apply.

If a provision is invalid, the remaining provisions remain effective to the extent permitted by law; applicable statutory rules govern the resulting gap.