for the provision of services by Snake and Media, Im Rottland 38, 50354 Hürth, Germany, Email: snakeandmedia@gmail.com (hereinafter referred to as the “Contractor”) to its clients (hereinafter referred to as the “Client”)
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor, including these GTC.
1.2 If, in addition to these GTC, other contractual documents or business terms in text or written form become part of the contract, the provisions of these other documents will take precedence over these GTC in case of conflict.
1.3 The Contractor does not recognize any GTC of the Client that deviate from these terms, unless explicitly agreed to in writing.
2. Subject of the Contract and Scope of Services
2.1 The Contractor provides the following services to the Client as an independent contractor:
We provide free access to a curated collection of videos from popular adult entertainment platforms, including XHamster and other well-known sites.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall perform the contractual services with the utmost care and diligence, based on the latest standards, rules, and knowledge.
2.4 The Contractor is obligated to provide the contractually agreed services. However, in the performance of his duties, he is not subject to instructions regarding the manner of performing his services, the place of performance, or the time of performance. He will organize workdays and time allocation on those days to achieve maximum efficiency in his work and in realizing the subject of the contract. The Contractor’s services are performed in coordination and consultation with the Client.
3. Obligations of the Client
It is the Client’s responsibility to provide the information, data, and other content necessary for the fulfillment of the services completely and accurately. The Contractor is not liable for delays in service provision caused by the Client’s delayed or incomplete cooperation; this does not affect the provisions under the heading “Liability/Indemnification.”
4. Compensation
4.1 Compensation will be agreed upon individually.
4.2 The compensation is payable after the service is rendered. If the compensation is calculated based on time periods, it is payable at the end of each period (§ 614 BGB). For cost-based billing, the Contractor is entitled, unless otherwise agreed, to issue monthly invoices.
4.3 The Contractor shall send the Client an invoice by mail or email (e.g., as a PDF) after the services have been rendered. Payment is due within 14 days of receiving the invoice.
5. Liability / Indemnification
5.1 The Contractor is liable without limitation in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, for promises of guarantee, unless otherwise regulated, or due to mandatory liability. If the Contractor negligently breaches a material contractual obligation, liability is limited to foreseeable, contract-typical damages, unless unlimited liability applies according to the previous sentence. Material contractual obligations are those that the contract imposes on the Contractor to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract, and on which the Client can regularly rely. Any further liability of the Contractor is excluded. The above liability regulations also apply to the Contractor’s liability for his agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any third-party claims made against the Contractor due to the Client’s violation of these contractual conditions or applicable law.
6. Contract Duration and Termination
6.1 The contract duration and notice periods for ordinary termination shall be individually agreed upon by the parties.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 Upon termination of the contract, the Contractor shall return or destroy all documents and other content provided by the Client, at the Client’s discretion. The Contractor cannot assert a right of retention. Electronic data must be completely deleted, except for documents and data subject to statutory retention periods, but only until the end of that period. The Contractor shall confirm deletion in writing upon the Client’s request.
7. Confidentiality and Data Protection
7.1 The Contractor shall treat all processes of which he becomes aware in connection with the contract as strictly confidential. The Contractor is obligated to impose the confidentiality obligation on all employees and/or third parties with access to the contractually relevant information. The confidentiality obligation applies indefinitely beyond the duration of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations, especially the provisions of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act, during the execution of the contract.
8. Final Provisions
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 Should any provision of these GTC be or become invalid, the validity of the remaining GTC shall not be affected.
8.3 The Client shall support the Contractor in the provision of the contractual services by reasonable cooperation, as necessary. The Client shall, in particular, provide the Contractor with the information and data required to fulfill the contract.
8.4 If the Client is a merchant, a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the parties agree to the Contractor’s location as the jurisdiction for all disputes arising from this contractual relationship; exclusive jurisdictions remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legislation, market conditions, or business strategy) with reasonable notice. Existing clients will be notified of the change via email at least two weeks before it takes effect. If the existing client does not object within the period set in the change notice, their consent to the change shall be deemed given. If the client objects, the changes will not take effect; in this case, the Contractor is entitled to terminate the contract at the time the changes would have taken effect. The change notice will inform the client of the deadline and the consequences of objection or lack thereof.
9. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obligated to participate in consumer arbitration proceedings under the VSBG.
Our email address is provided in the header of these GTC.
