General Terms and Conditions (T&C)
Note: This English translation of the General Terms and Conditions is provided for convenience only. In case of discrepancies or legal disputes, the German version (AGB) shall prevail.
You can access the legally binding German version here: https://podwatch.io/agb/
1. General Provisions
1.1. The following General Terms and Conditions (hereinafter referred to as the “T&Cs”) govern the contractual relationship between Podwatch GmbH, Rotter Bruch 17, 52068 Aachen, Germany (hereinafter referred to as “Podwatch”), and all natural and legal persons who make use of the services offered by Podwatch (hereinafter referred to as “Clients”).
1.2. These T&Cs apply exclusively. Any deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if and to the extent that Podwatch has expressly agreed to them in writing.
1.3. These T&Cs apply regardless of whether the Client is a business within the meaning of § 14 of the German Civil Code (BGB) or a consumer within the meaning of § 13 BGB.
- Clients are deemed to be consumers if the services ordered are used primarily for purposes that cannot be attributed to their commercial or self-employed professional activity.
- Clients are deemed to be businesses if they enter into the contract in the course of their commercial or self-employed professional activity.
2. Services
2.1. Podwatch offers various consulting services, particularly in the field of podcasting, as well as advertising placements on the platform podwatch.io. The scope of services is defined in the individual offer and corresponding service description, which is provided to the Client via email or other written communication.
2.2. Podwatch may use its own or third-party technical, digital, or other external resources to deliver its services. Podwatch has no control over the terms of use or service availability of such external providers.
2.3. Any services beyond the agreed scope, such as the development of customized solutions or products for the Client, require a separate contract.
2.4. Podwatch will make every reasonable effort to deliver the agreed services within the specified timeframe. However, no guarantee is given for the achievement of any specific economic or technical outcome.
3. Conclusion of Contract
3.1. The presentation of services on the platform podwatch.io, on social media channels, or in any other promotional formats (as defined in Section 2. Services) does not constitute a legally binding offer to enter into a contract.
3.2. A contract between Podwatch and the Client is concluded when the Client accepts Podwatch’s individual offer in writing (e.g. via email) or by means of an explicit digital confirmation (e.g. by clicking a confirmation button in an online portal).
3.3. Upon acceptance of the offer, the Client will receive a confirmation of the agreed scope of services and the applicable payment terms.
4. Fees and Terms of Payment
4.1. The prices valid at the time of booking shall apply. If discounts or promotional offers are advertised, they are limited in time or quantity and do not constitute a legal entitlement. All offers are non-binding and subject to change.
4.2. Unless otherwise agreed, fees are calculated based on actual effort and according to Podwatch’s current standard rates applicable at the time the contract is concluded. All prices are stated net of applicable statutory value-added tax (VAT).
4.3. Unless otherwise agreed, the full fee shall become due for payment immediately upon order confirmation by the Client and after Podwatch has issued the corresponding invoice.
4.4. Invoices are sent electronically. There is no entitlement to receive a printed invoice.
4.5. If the Client is in default of payment, Podwatch is entitled to charge default interest at the statutory rate. Podwatch reserves the right to suspend further services until all outstanding amounts have been paid in full, especially in the case of repeated payment delays.
5. Scheduling, Force Majeure, and Other Obstacles to Performance
5.1. Booked consulting services and other agreed appointments must be used within 2 months of contract conclusion. Unless otherwise agreed in writing, the Client’s entitlement to the service shall expire without compensation after this period.
5.2. Appointments take place either online (e.g. via Google Meet, Zoom, or Microsoft Teams) or at a separately agreed location. The Client is responsible for ensuring the technical requirements necessary to participate in online sessions.
5.3. f the Client fails to cancel or reschedule an agreed appointment at least 24 hours in advance, the entitlement to the service lapses without compensation. Refunds or free rescheduling are excluded in such cases.
5.4. Podwatch is entitled to reschedule agreed appointments in cases of force majeure. Force majeure includes, in particular, natural disasters, pandemics, official orders, strikes, power or internet outages, and other exceptional circumstances beyond Podwatch’s control. Temporary incapacity due to illness, accidents, or family emergencies is also considered an obstacle to performance.
5.5 Unavailability of Third-Party Providers
Podwatch may use third-party providers to deliver its services. If the unavailability of such providers prevents service delivery, Podwatch will inform the Client and offer an alternative or rescheduled appointment. Claims for damages or refunds arise only if the service cannot be delivered within a reasonable period of time. In that case, the Client will receive a pro-rated refund for services not yet provided.
5.6. In all of the above-mentioned cases, Podwatch will inform the Client via an appropriate communication channel and offer an alternative date. If the Client cannot be reached in time, there is no entitlement to compensation or reimbursement.
6. Obligations of the Clients
6.1. Clients are obligated to provide all information required for the performance of services completely, truthfully, and in a timely manner. Delays or additional effort caused by incomplete or incorrect information shall be borne by the Client and may result in additional charges.
6.2. Clients are solely responsible for all content and information they provide and warrant that such content does not violate applicable laws or the rights of third parties (in particular copyrights, trademark rights and personality rights).
6.3. In the case of advertising placements, the following additional provisions apply:
- Clients must ensure that their content complies with applicable legal requirements and Podwatch’s guidelines.
- Podwatch reserves the right to refuse or remove advertisements or content if they violate legal regulations or Podwatch’s company guidelines.
7. Right of Withdrawal and Termination
7.1. Consulting, coaching, support, or other time-based services may be booked for a specific scope (e.g. number of sessions or hours) or for a fixed term. The agreement on a defined scope or duration is binding.
7.2. If a service ordered by the Client cannot be delivered on time, Podwatch will inform the Client immediately and offer an expected alternative date. The Client may either wait for the service to be provided or withdraw from the contract if a reasonable grace period for the provision of the service has been exceeded. A pro rata refund of any payments already made will only be granted if the service has not yet been provided in full. Further claims, in particular claims for damages, are excluded.
7.3 If the Client is in default of payment, Podwatch has the right to withdraw from the contract in accordance with applicable legal provisions. In this case, services already provided will be charged in full and are non-refundable.
8. Right of Withdrawal for Consumers
8.1. Information on the Right of Withdrawal (for Consumers)
Consumers within the meaning of Section 13 of the German Civil Code (§ 13 BGB) have the following statutory right of withdrawal:
Right of Withdrawal
- You have the right to withdraw from this contract within 14 days without giving any reason.
- The withdrawal period is 14 days from the date of conclusion of the contract.
- To exercise your right of withdrawal, you must inform us, the Podwatch GmbH, Rotter Bruch 17, 52068 Aachen, Germany, email: hi@podwatch.io, by means of a clear written statement (e.g. via email or letter) of your decision to withdraw from this contract.
- To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
8.2 Consequences of Withdrawal
In the event of a withdrawal, we will reimburse any payments already made within 14 days from the day on which we receive your notice of withdrawal. Reimbursement will be made using the same payment method that you used for the original transaction, unless expressly agreed otherwise.
If you requested that the service begins during the withdrawal period, you will be charched a pro rata amount for the services already provided up to the time of withdrawal.
8.3 Exclusion of the Right of Withdrawal for Business Clients
The right of withdrawal does not apply to business clients within the meaning of Section 14 of the German Civil Code (§ 14 BGB), who use the service as part of their commercial or self-employed professional activity.
9. Liability and Warranty
9.1 Podwatch is only liable for damages caused by intentional or grossly negligent conduct.
9.2. In cases of slight negligence, Podwatch is only liable for breaches of essential contractual obligations (cardinal duties). In such cases, liability shall be limited to the typical and foreseeable damages.
9.3. Podwatch does not provide any warranty or guarantee regarding the economic or technical success of the services provided.
9.4. Podwatch assumes no liability for technical disruptions or the temporary unavailability of its own or external technical, digital, or other third-party resources used to fulfil the agreed services.
10. Data Protection
10.1. Podwatch processes the personal data of Clients in accordance with the applicable data protection regulations. The full privacy policy is available at: https://uk.podwatch.io/privacy-policy/
10.2. Clients consent to the storage and processing of their data for the purpose of fulfilling and managing the contractual relationship.
10.3. In order to provide its services and handle payment processing, Podwatch may use third-party services (e.g. payment providers or technical platforms). In such cases, data processing is subject to the privacy policies of the respective third-party providers. Podwatch has no control over how such third parties process personal data.
11. Final Provisions
11.1. Clients are responsible for complying with all applicable import and export regulations related to the delivery or performance of services. In the case of cross-border deliveries or services, the Client shall bear any applicable duties, taxes, or other charges incurred. The handling of legal or administrative procedures in connection with cross-border deliveries or services shall be the sole responsibility of the Client, unless expressly agreed otherwise.
11.2. German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
11.3. Amendments and additions to these Terms and Conditions must be made in writing. Where a written form is contractually required (e.g. for termination or withdrawal), text form shall not suffice.
11.4. The place of jurisdiction for all disputes arising out of or in connection with these Terms and Conditions is Aachen, Germany, provided the Client is a merchant, a legal entity under public law, or a special fund under public law. Podwatch shall also be entitled to bring legal action at the Client’s place of business.
11.5. Severability Clause:
If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a valid provision shall apply which most closely reflects the economic purpose of the original provision.
11.6. Language and Legal Validity:
This English version of the Terms and Conditions is a non-binding translation for informational purposes. Only the German version is legally binding and shall govern the contractual relationship.
The German version is available at: https://podwatch.io/agb