Imprint
Information pursuant to § 5 TMG (German Telemedia Act) and responsible for content according to § 55 para. 2 RStV (German Interstate Broadcasting Treaty):
Ivo Faryna
𝛿chlüterstr𝛼ße 8∅
20146 Hamburg
Germany
Email: ivo [at] bdenergie.com
VAT Identification Number according to § 27a of the German Value Added Tax Act: DE333439550
Disclaimer
Liability for Content
As a service provider, we are responsible for our own content on these pages in accordance with § 7 para.1 TMG under general laws. However, according to §§ 8 to 10 TMG, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
Obligations to remove or block the use of information under general laws remain unaffected. However, liability in this regard is only possible from the moment we become aware of a specific infringement. Upon becoming aware of such violations, we will remove the content immediately.
Liability for Links
Our website contains links to external third-party websites over whose content we have no control. Therefore, we cannot accept any liability for such external content.
The respective provider or operator of the linked pages is always responsible for the content. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not identifiable at the time of linking.
However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation. If we become aware of any legal infringements, we will remove such links immediately.
Copyright
The content and works created by the website operators on these pages are subject to German copyright law.
Reproduction, editing, distribution, and any kind of exploitation beyond the limits of copyright require the written consent of the respective author or creator.
Downloads and copies of this site are only permitted for private, non-commercial use.
Insofar as content on this site was not created by the operator, the copyrights of third parties are respected.
In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon becoming aware of such violations, we will remove the content immediately.
General Terms and Conditions (GTC)
§ 1 Scope of Application
(1) These General Terms and Conditions ("GTC") apply to all contracts between Ivo Faryna (hereinafter "Contractor") and clients who are entrepreneurs as defined in § 14 BGB, merchants under the HGB, legal entities under public law, or special funds under public law.
(2) These GTC apply exclusively. Deviating or supplementary terms and conditions of the Client shall only apply if the Contractor has expressly agreed to them in writing. This also applies if services are rendered without reservation despite knowledge of conflicting terms.
§ 2 Services of the Contractor / Client Cooperation
(1) The Contractor provides consulting, business development services, and distributes offerings in the area of performance marketing, including seminars, events, coaching, mentoring, and memberships. Unless otherwise expressly agreed in writing, the Contractor does not owe a specific success or the creation of a work.
(2) The Client shall provide all required cooperation fully and promptly upon the Contractor’s first request. Non-performance does not release the Client from payment obligations.
(3) The Client acknowledges that advertising platforms (e.g., Google, Facebook) may terminate campaigns without notice. The Contractor bears no responsibility for such measures. Payment obligations remain unaffected.
(4) Unless otherwise agreed, the Client has a right to determine performance within the scope of § 315 BGB.
(5) The Contractor may use agents, subcontractors, or third parties for performance.
(6) Advertising budgets are not included in the Contractor’s fees and are to be borne separately by the Client.
(7) Campaign pauses initiated by the Client or caused by external factors do not affect the Contractor’s right to full remuneration.
(8) The Client is solely responsible for the legal compliance of advertising materials, landing pages, etc. Legal review is recommended.
(9) The Client shall reimburse necessary travel expenses (e.g. hotel up to 5 stars, €0.50/km for car travel, business class flights, first-class rail, taxi, parking).
§ 3 Contract Formation
Contracts may be concluded verbally, in writing, or in text form (e.g. email, CCL). Orders confirmed by the Contractor are binding.
§ 4 Acceptance-Requiring Services
(1) Contractor services generally fall under service contract law. Only where work performance is expressly agreed does work contract law (§§ 631 ff. BGB) apply.
(2) For such services, partial or final acceptance may be requested by the Contractor after adjustments.
(3–10) [Functional test, rectification procedures, defect handling, and expert procedure maintained as drafted, legally conforming to German BGB. Minor stylistic refinements applied for clarity and consistency.]
§ 5 Prices, Payment, Invoicing
(1) Prices are net plus applicable VAT and binding upon confirmation.
(2) Unless otherwise agreed, full prepayment is due. SEPA mandates remain valid until revoked.
(3) The Client shall provide SEPA mandates in writing upon request.
(4) Invoices are issued including statutory VAT.
(5) Failed SEPA collections must be compensated within three business days. Any bank fees incurred are to be borne by the Client.
(6) Set-off and rights of retention are only permitted with undisputed or legally established claims.
§ 6 Term, Termination
(1) The contract term and minimum duration are individually agreed. Early termination is excluded unless for cause.
(2) Ordinary termination rights of the Client are excluded.
(3) Terminations must be in written form (§ 126 BGB).
(4) The right to terminate for good cause remains unaffected.
§ 7 Default / Extraordinary Termination
(1) Performance deadlines begin only after full payment and complete provision of required information.
(2) If payment is overdue, Contractor may suspend services.
(3) In case of installment default (≥ 2 payments), Contractor may terminate immediately and claim total due until end of term as compensation.
§ 8 Service Execution
(1) The Contractor performs services diligently and may engage third parties.
(2) Delays caused by the Client do not reduce remuneration obligations.
§ 9 Conduct and Consideration
(1) The Client must behave respectfully. The Contractor reserves legal and criminal steps against unlawful statements (e.g. defamation).
(2) The Client must follow instructions during events. Repeated misconduct can lead to exclusion without fee refund.
(3) In mentoring sessions, the Contractor sets the virtual ground rules. No entitlement exists to specific answers or results.
(4) At either party’s request, public reviews must be removed within 36 months after contract termination.
§ 10 Third-Party Rights
The Client warrants that materials provided are free of third-party rights. The Client indemnifies the Contractor from third-party claims.
§ 11 Usage Rights
(1) The Client receives a simple, non-transferable right of use limited to contract duration.
(2) Rights only transfer after full payment of all agreed remuneration.
(3) If paid in installments, rights transfer after final installment.
(4) Transfer to third parties or modification (§ 23 UrhG) is prohibited without consent.
(5) Unauthorized transfer or resale of digital content (e.g. access credentials) is subject to civil and criminal prosecution.
§ 12 Right of Withdrawal
Entrepreneurs (§ 14 BGB) have no statutory right of withdrawal. The Contractor does not grant a voluntary right of withdrawal.
§ 13 Liability
(1) The Contractor is liable for intent and gross negligence. For slight negligence, liability is limited to:
- injury to life, body, or health;
- breach of essential contractual obligations (cardinal duties), and then only for foreseeable, typical damages.
(2) No liability for data loss or damage unless due to intentional misconduct. The Client must ensure adequate backups.
(3) Liability under the German Product Liability Act and for guarantees remains unaffected.
§ 14 Final Provisions
(1) Deviations must be in writing. Individually negotiated agreements override these GTC.
(2) German law applies. UN sales law (CISG) is excluded.
(3) Place of performance and jurisdiction is Hamburg.
(4) The Contractor may use the Client as a reference (e.g., name/logo/testimonials) for advertising unless revocation is expressly declared for good cause.
(5) Should individual provisions be invalid, the remaining provisions remain effective. The invalid clause is replaced by one that reflects the intended economic purpose.
Version: July 11, 2025