--- title: "Terms and conditions (AGB) | Hamed Farhadian, Hamburg" description: "General terms and conditions for contracts with Hamed Farhadian: for businesses and merchants only, covering fees, liability and data protection." url: https://www.hamed.de/en/terms/ language: en author: Hamed Farhadian updated: 2026-10-17 --- # Terms and conditions – General terms and conditions These general terms and conditions form part of all contracts with SEOeffekt Farhadian, Hamed Farhadian. The offer is aimed exclusively at businesses and merchants, not at consumers. Version: October 2026. *This English version is a translation provided for convenience. Only the [German version](/agb/) is legally binding; in case of doubt, the German version applies.* ## § 1 General (1) The following general terms and conditions (hereinafter “GTC”) of ours, SEOeffekt Farhadian, owner Hamed Farhadian, Papenreye 1, 22453 Hamburg, Germany (hereinafter “SEOeffekt Farhadian”), form part of all contracts concluded. (2) Conflicting terms and conditions of the client/customer are only effective if SEOeffekt Farhadian expressly acknowledges them, at least in text form. ## § 2 Contracts with businesses and merchants only (1) Our offer is aimed exclusively at businesses and merchants. We conclude valid contracts only with them, not with consumers. (2) A business (Unternehmer) is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity, Section 14 BGB (German Civil Code). A merchant (Kaufmann) is anyone who runs a commercial business or is classified as a merchant under the German Commercial Code for other legal reasons, Sections 1, 2 HGB. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity, Section 13 BGB. ## § 3 Fees, due date, default, set-off (1) Prices stated by SEOeffekt Farhadian are net prices, i.e. they do not include statutory VAT. (2) Unless otherwise agreed, all invoices are due upon receipt and must be paid no later than 10 days after the invoice date. If this payment deadline is exceeded, default occurs without a reminder. (3) In the event of default in payment, default interest is charged at the statutory rate (Section 288(2) BGB: 9 percentage points above the respective base rate), plus the lump sum under Section 288(5) BGB. The right to claim further damages is reserved. Likewise, if the customer is in default of payment, SEOeffekt Farhadian has the right to withhold its own further performance. Finally, there is the right to demand advance payment for further services. This right also exists, irrespective of default in payment and of any contractual agreement, where there are objectively justified doubts about the client’s ability to pay. (4) Statements of account are deemed accepted if the client does not object to them without undue delay, at the latest within 10 days. (5) If the contract is not fully performed due to the client’s conduct in breach of contract, SEOeffekt Farhadian is nevertheless entitled to the full fee. (6) The customer may only set off claims that have been finally determined by a court or acknowledged in writing by SEOeffekt Farhadian. (7) The customer is only entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship with SEOeffekt Farhadian. ## § 4 Liability of SEOeffekt Farhadian, notice of defects, limitation (1) Insignificant errors are reasonable for the customer to accept. In such cases, there are no claims against SEOeffekt Farhadian. (2) Any liability or warranty for malfunctions of the customer’s computer or of the communication channels from the customer’s computer to us is excluded. (3) In principle, liability exists only for intent and gross negligence. (4) In the case of slight negligence, SEOeffekt Farhadian is only liable for breaches of essential contractual obligations (cardinal obligations) or if a defect was fraudulently concealed or a guarantee was assumed. Cardinal obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. (5) In the event of a negligent breach of duty – whether grossly or slightly negligent – SEOeffekt Farhadian is only liable for the foreseeable damage typical of the contract, limited to no more than the contract value. In the event of a breach of duty by vicarious agents who are not legal representatives or executive employees, this also applies in the case of an intentional breach of duty. (6) Excluded from these limitations of liability (paragraphs 3 – 5) is liability for damage arising from injury to life, body or health. The same applies in the event of fault on the part of a vicarious agent. (7) The client must inspect the work created by SEOeffekt Farhadian without undue delay and notify SEOeffekt Farhadian of any defects without undue delay, in text or written form. The notification period begins, for obvious defects, with the delivery of the work and, for hidden defects, with their discovery. If the client fails to give notice of defects in good time, the work is deemed approved. Later complaints are irrelevant. (8) All claims, including claims for defects, become time-barred within one year. This does not apply to liability for damage arising from injury to life, body or health or for other damage based on an intentional or grossly negligent breach of duty. The same applies in the event of fault on the part of a vicarious agent. ## § 5 Subcontractors SEOeffekt Farhadian is entitled to engage third parties (subcontractors) without further ado. ## § 6 Liability of the client (1) The client undertakes to transmit only content – in particular files/images/advertising materials – that is not subject to any third-party rights preventing its transmission and/or use and that does not conflict with any laws, regulations, official provisions or other legal principles (e.g. public morals). (2) The client grants SEOeffekt Farhadian all copyright usage rights, ancillary copyrights, trademark and labelling rights and other rights required for use, in particular the right to reproduce, distribute, transmit, broadcast, edit, make publicly available, store in a database and keep available for retrieval, extract from a database and retrieve, to the extent necessary to perform the contract. The client authorises SEOeffekt Farhadian to use them by means of all known technical processes and all known forms of electronic media, via all fixed and mobile, digital and analogue communication channels. (3) The client is obliged to check carefully. The client is also obliged to scan the content it provides digitally for viruses or similar. (4) SEOeffekt Farhadian has no obligation to check. (5) The client bears sole legal responsibility for the content of all content provided. The client indemnifies SEOeffekt Farhadian on first demand against all third-party claims based on the provision of unlawful advertising materials, in particular due to the violation of competition, criminal, copyright and other statutory provisions, but also due to violations of applicable advertising guidelines, principles or voluntary commitments of the advertising industry. The indemnity expressly also extends to the necessary costs incurred by SEOeffekt Farhadian in defending its rights against the third party. (6) The client is fully liable for any damage it causes by transmitting content to SEOeffekt Farhadian that is infected with a virus or similar. (7) Insofar as data is transmitted to SEOeffekt Farhadian – in whatever form – the client makes backup copies. ## § 7 Data protection, confidentiality, retention (1) Like SEOeffekt Farhadian, the client is also obliged to comply with the relevant provisions of the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), the German Telecommunications and Digital Services Data Protection Act (TDDDG) and other data protection regulations. Where SEOeffekt Farhadian processes personal data on behalf of the client, the parties conclude a data processing agreement under Art. 28 GDPR. (2) The customer undertakes to treat all confidential information that becomes known in connection with the performance of the contract as confidential and not to disclose it to third parties or use it in any other way. Confidential means all information that is not generally known and that has either been classified as confidential by us or that, from the circumstances, is to be treated as confidential. Information that the client knew before we disclosed it and information that becomes generally accessible through no fault of the respective contracting party is not considered confidential. (3) If the client receives an individual password, the client is obliged not to disclose it to third parties and to keep it safe in order to rule out misuse by third parties. If the password is lost, or if the client becomes aware that third parties have gained knowledge of it, the client is obliged to inform SEOeffekt Farhadian without undue delay. The client is liable for all damage resulting from misuse of the password. (4) The confidentiality obligations continue to apply without limitation after the end of the contractual relationship. (5) For every case of culpable breach of the above confidentiality agreements, the client undertakes to pay a contractual penalty in the amount of the contract sum. (6) SEOeffekt Farhadian is not obliged to return content provided by the client to the client after the end of the contract. (7) The client expressly agrees that SEOeffekt Farhadian may publish details for its own marketing purposes both during and after the end of the contract, expressly including the client’s name. ## § 8 Place of performance, place of jurisdiction (1) The place of performance is Hamburg. (2) For all disputes arising from a contract with SEOeffekt Farhadian or in connection with an underlying contract with SEOeffekt Farhadian, Hamburg is agreed as the place of jurisdiction. ## § 9 Final provisions (1) Contracts concluded with SEOeffekt Farhadian are governed exclusively by German law, excluding German private international law. This also applies if the customer uses the services from a country other than Germany. (2) Should individual provisions of these GTC be or become invalid as a result of a later circumstance, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the valid provision whose effects come closest to the objective that the contracting parties pursued with the invalid provision. (3) In the event of a conflict, the provisions of these GTC take precedence over other provisions outside an individual contractual agreement between SEOeffekt Farhadian and the client (in particular provisions in price lists, discount scales, targeting criteria, etc.). Version: October 2026 --- Further legal information: [Legal notice](https://www.hamed.de/en/legal-notice/) · [Privacy policy](https://www.hamed.de/en/privacy/) · Questions about these terms: [Contact](https://www.hamed.de/en/contact/) ## Contact - Contact form: https://www.hamed.de/en/terms/#kontakt - Email: hamed@hamed.de - Phone: +49 40 3556 7813