GTC

1. General; scope

1.1 The following General Terms and Conditions apply to all contracts and legally relevant declarations of getpress GmbH, Zossener Straße 56-58, 10961 Berlin, represented by its managing directors Maximilian Ziche and Anne-Marie Struck (“getpress”), concerning the provision of services in the field of public relations, together with the related services, to its clients (hereinafter the “Client”; together with getpress the “Parties”, and each individually a “Party”)

1.2 Terms and conditions of the Client that deviate from these General Terms and Conditions do not apply unless getpress has expressly confirmed that they are valid. As a precaution, the applicability of any general terms and conditions of the Client is hereby rejected.

2. Subject matter of the contract

2.1 The Client engages getpress to provide consulting services in the field of public relations. getpress offers various consulting services of varying scope. The specific services the Client engages getpress to provide are set out in the PR Agreement concluded between the Parties.

2.2 Unless the Parties expressly agree otherwise, the services owed by getpress are services in the legal sense of Dienstleistungen. This means that no particular result is owed.

2.3 In performing the services owed under the contract, getpress may make supporting use of AI-based tools and applications (hereinafter “AI applications”).

3. Services provided by getpress

The fundamental objective of getpress’s consulting and services is to achieve placements for the Client in media that are appropriate for that particular Client. In connection with these placements, getpress regularly provides further services within the PR packages booked, namely
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– strategy consulting and placements (Clause 3.1),
– PR support (Clause 3.2),
– reporting (Clause 3.3)
– and the creation of content (Clause 3.4).

Services going beyond this may be agreed individually between the Parties. The content of the services is described below and is otherwise governed by what the Parties have agreed:

3.1 Strategy consulting and placements

3.1.1 A PR package regularly includes strategy consulting. The main purpose of getpress’s strategy consulting is to support and advise the Client on how it can achieve placements in the media that best suit the Client. In doing so, getpress will advise the Client on what topics should be addressed and placed in the media during the collaboration. The Parties draw up a plan setting out which topics are to be worked on and placed and in what order; this plan is updated on an ongoing basis over the term of the contract.

3.1.2 The Parties agree on a target figure (“expected outcome”) for the placements to be achieved during the term of the contract. A placement means a mention of the Client in a part of the relevant medium that is significant in the context of that medium, and not merely negligible. The mere mention of a name without any further context therefore does not count as a placement. The following media, or parts of media, are eligible for placements in particular, but not exclusively: newspaper and magazine articles (print or online), interviews, speaker opportunities, broadcast items, podcasts, and social media or blog postings.

3.1.3 The Parties will jointly identify media in which placements are to be sought and will assign these media to priority categories; however, neither a placement in any particular medium nor any particular number of placements within a priority category is owed.

3.1.4 getpress undertakes to make such efforts as are possible and reasonable for it in order to achieve the “expected outcome” for placements. Media are, however, free to decide on the nature and extent of their coverage. The “expected outcome” is therefore not a promise of success, and falling short of it has no effect on the level of getpress’s remuneration.

3.1.5 If getpress exceeds the “expected outcome” for placements, additional bonus remuneration may become payable, provided this is set out in the PR Agreement. If the “expected outcome” has not been achieved by the end of the term of the contract and this is not attributable to fault on the part of the respective Client, getpress reserves the right, at its own discretion, to make further efforts to achieve the targets even after the end of the contract and without additional remuneration. The respective Client has no claim to this, however.

3.2 PR-Support

3.2.1 In connection with the placements, getpress provides accompanying support in order to advise and support the Client as effectively as possible around those placements.

3.2.2 PR support includes, in particular, preparing for and following up on interviews or other media interactions, and also responding to press enquiries on the Client’s behalf.

3.2.3 PR support is always provided in relation to a specific placement. getpress also offers the Client general, more extensive interview training that is independent of any particular placement. This is not, however, included in PR support and must be agreed and remunerated separately.

3.3 Reporting

3.3.1 getpress will provide the Client with regular reports on the progress of the project.

3.3.2 How the reporting is carried out is set out in the PR Agreement.

3.3.3 Where a “jour fixe” forms part of the reporting, the Client is obliged to help arrange the appointments and to attend them. Appointments that have been arranged and are not cancelled with reasonable notice will not be rescheduled.

3.3.4 Where general communication forms part of the reporting, the Parties agree that such communication must remain within a scope that is reasonable in relation to the project.

3.4 Creation of content

3.4.2 The Parties agree that getpress may use AI applications to increase efficiency in producing its services. The Client is aware that the results arising from this may not be protected by copyright and that, accordingly, no rights of use under copyright law within the scope of Clause 7.1 can be granted in respect of them.

3.4.3 The Client is also aware that the output of AI applications may correspond, in whole or in part, to third-party content protected by copyright. getpress is obliged to check for this using reasonable and economically sensible measures, but cannot warrant that the result is accurate.

3.4.4 In the event that the output of the AI applications used infringes third-party copyright despite the duplicate check, getpress will replace the content concerned. The contractor has no liability beyond this.

3.4.5 The Parties agree that the use of AI development tools does not mean that the contractor is subject to lower technical quality requirements in relation to the project.

4. The Client’s duties to cooperate

4.1 In order for getpress to be able to perform the promised services properly, getpress depends on the Client’s cooperation in many situations. The Client is therefore under a general duty to cooperate and must, so that getpress can perform the services under the contract, promptly hand over documents, provide information or perform other acts of cooperation upon request.

4.2 Cooperation is particularly important when it comes to realising placements. In communication with the media in particular, a fast and effective response is required, for example when arranging and attending interview appointments.

4.3 Where jours fixes or other appointments with getpress form part of the promised services, the Client is likewise obliged to help arrange those appointments and equally obliged to attend them. Appointments that have been arranged and are not cancelled with reasonable notice will not be rescheduled.

4.4 If the Client fails to perform a required act of cooperation, or does not perform it on time or adequately, getpress is released from its obligation to perform until such time as the Client performs that act of cooperation. The Client is responsible for any resulting delays, necessary expenses or damage.

4.5 Where a placement fails because of a missing act of cooperation on the Client’s part, the placement is nevertheless counted towards the “expected outcome”.

5. Remuneration

5.1 The Client pays getpress the remuneration agreed in the PR Agreement. The prices stated are net prices. Statutory VAT at the applicable rate is payable in addition, where applicable.

5.2 Where the Client requests an on-site meeting, the travel costs and expenses actually incurred for that meeting will be invoiced in addition.

5.3 getpress invoices the Client for the remuneration, including any VAT payable, in advance at the beginning of each month. If the contractual relationship does not begin at the start of a month, getpress will invoice the remuneration for the remainder of that month in advance on a pro rata basis. From the following full month onwards, getpress will invoice the Client for the services in the agreed amount in advance at the beginning of each month.

5.4 Payment falls due at the time set out in the PR Agreement.

5.5 Unless otherwise agreed in the contract, payment is made by direct debit mandate via the service “GoCardless”.

6. Use of trade marks

6.1 getpress may use the Client’s trade marks, logos, names and other commercial designations for the purposes of the contract.

6.2 getpress may display the Client’s name and the Client’s trade mark and/or logo on its website, on its social media channels and in other promotional materials.

7. Grant of rights of use

7.1 getpress grants the Client, in respect of the work results created for it (unless they are marked as confidential), at the time they come into existence or, at the latest, when they are acquired, all transferable rights, in particular rights of use under copyright law, trade mark rights and name rights, free of third-party rights, for exclusive and comprehensive exploitation without restriction as to territory, content or subject matter, in all media and types of use currently known and becoming known in the future. These include, in particular but not exclusively, the rights of reproduction, distribution, exhibition, presentation, performance and display, the broadcasting right, the right of reproduction by means of visual and/or audio media in analogue and/or digital form, the right of reproduction of broadcasts in analogue and/or digital form, and the online right. The transfer includes the right to transfer these rights on to third parties.

7.2 Upon transmitting them, the Client grants getpress non-exclusive rights of use in all documents and materials provided, limited in territory and in time to the duration of the contract, to the extent necessary to fulfil the purposes of the contract. The Client will indemnify getpress against all costs (including the potential and actual costs of court proceedings) if a third party brings a claim against getpress on the basis of the documents and materials provided by the Client, on account of an alleged or actual infringement of that third party’s rights, because getpress will notify the Client of the claim without delay and will give the Client the opportunity, to the extent legally necessary and possible, to defend against the claim.

8. Liability

8.1 getpress is liable for damage suffered by the Client in accordance with the statutory provisions, where the damage
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– was caused intentionally or through gross negligence,
– results from the absence of a guaranteed characteristic of the service,
– is based on a culpable breach of material contractual obligations (see Clause 3), results from a culpable injury to health, body or life
– or is damage for which liability is provided for under the German Product Liability Act.

In the case of a merely negligent breach of a material contractual obligation (see Clause 3), however, getpress’s liability is limited to such damage as must typically and foreseeably be expected to arise in the course of providing the agreed services. This limitation does not apply where the damage results from an injury to health, body or life.

8.2 Material contractual obligations are those contractual obligations whose performance is what makes the proper performance of the contract possible in the first place, on whose observance the Client may regularly rely, and whose breach, conversely, jeopardises the achievement of the purpose of the contract. These are, in particular, the obligations under Clause 3.

8.3 In all other respects, getpress’s liability is excluded, irrespective of the legal basis.

8.4 If, taking the above provisions into account, getpress is liable for the loss of the Client’s data, liability is limited to the typical cost of restoring the data that would also have been incurred had the Client made backup copies regularly and in a manner appropriate to the risk.

9. Non-solicitation

The Client undertakes not to solicit any getpress employees, or to employ them without getpress’s consent, for the duration of the Parties’ collaboration and for a period of one year thereafter. For each culpable breach, the customer undertakes to pay a contractual penalty, the amount of which is to be determined by the contractor and, in the event of a dispute, reviewed by the competent court.

10. Confidentiality

10.1 The Parties will treat information about the affairs of the other Party that they obtain in the course of performing the contract (“Confidential Information”) as confidential, will not disclose it to third parties and will use it only for the purposes of performing the contract. The duty of confidentiality does not apply to information that
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– is already known to the public at the time it is provided,
– the receiving Party demonstrably obtained lawfully from third parties, in particular without any breach of existing confidentiality obligations,
– was already generally known when the contract was concluded, or
– subsequently became generally known without any breach of the obligations contained in this agreement (public information).

The duty of confidentiality also does not apply to information that must be disclosed on the basis of mandatory statutory provisions, a final court decision or an order by a public authority.

10.2 The Client agrees that getpress may engage service providers (such as technical cloud service providers or freelancers) in order to fulfil its contractual obligations. In such cases, getpress will ensure by contract that the Confidential Information is also protected there and is used only for the purposes of performing the contract. Where getpress uses AI tools, getpress will ensure that the Confidential Information is not used by the providers of those AI tools for their own purposes, such as training purposes.

10.3 The duty of confidentiality continues beyond the term of the contract in respect of all Confidential Information, to the extent and for as long as that information is not, or does not become, public.

11. Data protection

11.1 getpress processes the personal data of the Client and of the Client’s employees or other contact persons in order to enter into and perform the contractual relationship (Art. 6(1)(b) GDPR). The personal data is processed for the duration of the contract and, for the purpose of asserting or defending against any legal claims, for a further three years beginning at the end of the year in which the contract ended. In addition, statutory retention obligations may apply, under which we are required to retain certain records that may also contain personal data (Art. 6(1)(c) GDPR in conjunction with Section 147 of the German Fiscal Code (Abgabenordnung) and Section 257 of the German Commercial Code (Handelsgesetzbuch)). These records are destroyed once the statutory retention period has ended.

11.2 Further information on data protection, in particular on the contact details of the controller and on your rights, can be found at: https://www.get-press.de/datenschutz.

11.3 Where getpress processes personal data on the Client’s behalf, it acts as a processor. In such cases, the Parties conclude the data processing agreement attached as an annex. In this context, the Client instructs getpress also to use AI tools; in this case getpress will ensure that compliance with instructions is maintained even when AI tools are used, and in particular that personal data is not used by the providers of those AI tools for their own purposes, such as training purposes. Where getpress processes personal data on the Client’s behalf, it acts as a processor. In such cases, the Parties conclude the data processing agreement attached as an annex.

12. Term and termination

12.1 The contract enters into force on the date stated in the PR Agreement and is concluded for the term likewise stated in the PR Agreement (including any automatic renewals).

12.2 The contract is concluded for an individually agreed minimum term. It renews automatically unless it is terminated with eight weeks’ notice with effect from the end of the respective term – unless otherwise agreed in the individual contract. Termination is possible for the first time with effect from the end of the minimum term and thereafter with effect from the end of each renewal period.

12.3 Notice of termination must be given in text form.

12.4 All rights and obligations under the contract lapse when the contractual relationship ends, with the exception of the confidentiality obligations.

13. Final provisions

13.1 The PR Agreement and these General Terms and Conditions constitute the complete and final terms of the contractual relationship between the Parties; there are no collateral or other agreements.

13.2 Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions remains unaffected.

13.3 All agreements made between the contracting Parties for the purpose of performing this contract, as well as any amendments to the contract or to these terms and conditions, must be recorded at least in text form. This also applies to any waiver of the text form requirement.

13.4 If the dealer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from the contractual relationship is Berlin-Kreuzberg.

13.5 The user agreement is governed exclusively by the law of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Berlin, as at May 2025