Last updated: June 2026
Terms & Conditions
These Terms & Conditions ("Terms") form a binding agreement between Horacek Marketing, Fontenay 90, 20354 Hamburg, Germany ("we", "us", "our") and the client ("you"). They apply to all proposals, orders and services delivered by us and are drafted to comply with the laws of the Federal Republic of Germany and, where the client is established in the United Kingdom, with applicable UK consumer and commercial legislation (including the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).
1. Provider & Scope
We provide performance marketing services including Google Ads management, social media profile promotion, landing-page advertising and paid-media strategy. The specific scope, deliverables and timeline are set out in the plan you select on pavelhoracek.pro or in a separate written proposal or statement of work, which together with these Terms form the entire agreement.
2. Conclusion of Contract
A contract is concluded once we confirm your order in writing (including by email) or commence performance of the services. Where you are a consumer based in the EU or UK, statutory information and withdrawal rights under § 312g BGB / the UK Consumer Contracts Regulations apply (see section 8).
3. Fees, Invoicing & VAT
Fees are stated in euro and billed monthly in advance unless agreed otherwise. Invoices are due within 7 days of issue. Prices are exclusive of statutory VAT where applicable; reverse-charge rules apply for B2B clients within the EU and the UK in accordance with § 13b UStG and HMRC rules. Third-party ad spend, platform fees and software subscriptions are paid by you directly to the provider and are not part of our service fees.
4. Client Responsibilities
You will provide timely access to ad accounts, analytics, creative assets, brand guidelines and any approvals reasonably required. You warrant that all material supplied to us is lawful, accurate and free of third-party rights that would prevent its use in advertising.
5. Term, Cancellation & Notice
Engagements run on a rolling monthly basis and may be terminated by either party with 14 days' written notice to the end of the current billing period. Either party may terminate for cause with immediate effect in case of material breach that is not cured within 14 days of notice (§ 314 BGB).
6. Warranty
We perform our services with reasonable skill and care in accordance with § 631 et seq. BGB and, for UK clients, section 49 of the Consumer Rights Act 2015. Marketing results depend on many factors outside our control and we do not guarantee specific traffic, ranking, conversion or revenue outcomes.
7. Liability
We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body or health, and under the German Product Liability Act (ProdHaftG). For slightly negligent breaches of a material contractual obligation ("Kardinalpflicht") our liability is limited to foreseeable damages typical for this type of contract and, in any event, to the fees paid by you in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability which cannot be limited under German or UK law.
8. Right of Withdrawal (Consumers)
If you are a consumer in the EU or UK, you have the right to withdraw from this contract within 14 days without giving any reason. To exercise the right, send an unambiguous statement (e.g. email to contact@horacek.online). Where you expressly request that we begin performance during the withdrawal period and acknowledge that the right ends once the service has been fully performed, the right of withdrawal lapses upon full performance (§ 356 (4) BGB / reg. 36 UK Consumer Contracts Regulations 2013).
9. Intellectual Property
Upon full payment, you receive a non-exclusive, worldwide licence to use the deliverables for your business. We retain ownership of our pre-existing know-how, tools, templates and methodologies.
10. Confidentiality & Data Protection
Both parties will treat non-public information received from the other as confidential. Personal data is processed in accordance with the GDPR and our Privacy Policy. Where we process personal data on your behalf we will sign a data processing agreement under Art. 28 GDPR / UK GDPR.
11. Governing Law & Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law and special funds under public law, exclusive place of jurisdiction is Hamburg, Germany. Consumers retain the protections of the mandatory laws of their country of residence.
12. Online Dispute Resolution
The European Commission provides an Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Contact
Horacek Marketing · Fontenay 90, 20354 Hamburg, Germany · contact@horacek.online · +34 662 583 428