Terms & Conditions
1. Scope of Application
These General Terms and Conditions (“T&Cs”) apply to all contracts concluded between:
Jonas Schwermann
Brenschede 4a
59846 Sundern
Germany
Email: jonas@mail.marketleader-consulting.com
(hereinafter “Provider”)
and entrepreneurs within the meaning of §14 German Civil Code (BGB)
(hereinafter “Client”).
This program is directed exclusively at entrepreneurs acting in the course of their commercial or self-employed professional activity.
Consumers within the meaning of §13 BGB are excluded.
The Client confirms during checkout that they are acting as an entrepreneur.
The program is offered exclusively to clients domiciled outside Germany.
2. Nature and Scope of Services
The Provider offers a six (6) month individualized 1:1 consulting program for agency owners generating approximately 10,000–29,000 EUR per month who seek to scale their business.
The services may include:
Weekly 1:1 consulting calls (subject to scheduling availability; the Provider is not contractually obligated to hold calls in strictly weekly intervals)
Development of an individualized scaling plan
Strategic advisory on offer creation, positioning, pricing, and sales
Access to templates, frameworks, and strategic resources
Ongoing business feedback and advisory support
The exact frequency, duration, and scheduling of calls are determined at the Provider’s reasonable discretion.
The services constitute consulting services pursuant to §§611 ff. BGB (Dienstvertrag). The Provider owes diligent professional activity, not a specific economic result.
3. Delivery of Services
Upon receipt of payment, the Client will receive onboarding information via email.
Access to templates, resources, or communication channels (if applicable) will be provided electronically.
If technical issues prevent access, the Client must notify the Provider without undue delay. The Provider will restore access within a reasonable timeframe.
Temporary technical interruptions do not entitle the Client to refunds or compensation.
4. Fees and Payment
The total program fee amounts to 8,000 EUR for six (6) months.
Payment options:
One-time payment
Installment plan (binding)
If an installment plan is agreed:
The first payment is due immediately.
Remaining installments are automatically charged.
The full amount remains due regardless of participation.
Early termination or non-participation does not release the Client from payment obligations.
In case of payment default:
The Provider may suspend services.
The remaining balance becomes immediately due.
Default interest pursuant to §288 BGB may be charged.
Collection proceedings may be initiated.
5. Strict No Refund Policy
All payments are final and non-refundable.
Refunds are expressly excluded to the fullest extent permitted by law.
This applies in particular to:
Dissatisfaction with results
Failure to achieve financial goals
Lack of implementation
Market conditions
Strategic disagreements
Business closure
Cash flow problems
Personal circumstances
Alleged misunderstanding of the program scope
The program fee compensates the Provider for:
Allocation of consulting capacity
Time commitment
Strategic expertise
Availability over the six-month period
Intellectual property access
The conditional continuation clause under Section 6 does not constitute a refund mechanism and does not create any entitlement to repayment.
Under no circumstances shall the Client be entitled to a full or partial refund after contract conclusion.
6. Conditional Continuation Clause (Client Acquisition Condition)
The Provider agrees to work with the Client for six (6) months.
If during this period:
The Client fully implements agreed strategies,
Attends scheduled sessions,
Completes assigned action steps,
Provides requested information,
Acts in good faith and with reasonable commercial diligence,
and no “Paying Client” has been acquired for the newly developed offer,
the Provider agrees to continue consulting free of additional charge until one Paying Client is acquired.
Definition of “Paying Client”:
A third-party customer who:
Enters into a legally binding contract with the Client,
Pays monetary compensation,
For the newly developed or optimized offer,
Does not refund or cancel the agreement within 30 days.
This clause does not guarantee revenue, profit, scalability, or long-term retention.
If the Client fails to properly implement strategies, misses sessions, delays execution, or acts negligently, the continuation clause becomes void.
Refunds remain excluded in all cases.
7. No Guarantee of Results or Earnings
The program and all consulting services are provided for business development purposes only.
The Provider does not guarantee:
Specific income
Revenue levels
Profit margins
ROI
Client acquisition volume
Business growth metrics
Market positioning success
Any references to earnings, scaling results, testimonials, or case studies mentioned during marketing, calls, chats, or written communication represent illustrative examples only.
They do not constitute binding promises or guaranteed outcomes.
Actual results depend on numerous factors beyond the Provider’s control, including market conditions, competition, skill level, effort, execution quality, and economic circumstances.
The Client acknowledges that entrepreneurial activities inherently involve financial risk.
The brand name “Marketleader” and any references to becoming a “market leader,” “top agency,” “#1 agency,” or similar positioning statements are purely descriptive or aspirational marketing expressions. They do not constitute a guarantee, promise, representation, or contractual commitment that the Client will achieve industry leadership, dominant market position, or top-ranking status in any niche, geography, or sector.
No representation or warranty is made that participation in the program will result in the Client becoming a market leader, top agency, industry authority, or achieving any comparable status.
“Your results may vary.”
8. Client Responsibilities
The Client agrees to:
Actively participate
Implement strategies diligently
Provide accurate and complete information
Comply with applicable laws
Maintain professional conduct
The Client bears sole responsibility for business decisions and legal compliance.
9. Intellectual Property and Usage Rights
All templates, frameworks, documents, materials, and strategies remain the intellectual property of the Provider.
The Client receives a non-exclusive, non-transferable right to use materials solely for internal business purposes.
Sharing, reproducing, publishing, or reselling materials is prohibited.
Violations may result in claims for damages and immediate termination.
10. User Content and Marketing Rights
If the Client voluntarily shares testimonials, results, achievements, or content in public communication channels or community environments, the Client grants the Provider a non-exclusive, worldwide, unlimited right to use such content for marketing purposes.
This includes use on social media platforms, websites, and promotional materials.
Private communications and confidential information are excluded.
11. No Right of Withdrawal
This program is exclusively directed at entrepreneurs within the meaning of §14 BGB.
The Client confirms that the contract is concluded in the course of their commercial or self-employed professional activity and not for private purposes.
Accordingly, no statutory right of withdrawal applies.
The Client expressly acknowledges that the statutory consumer withdrawal rights under §§312g, 355 BGB or comparable international consumer protection laws do not apply.
Services commence immediately upon contract conclusion and allocation of consulting capacity.
To the extent legally permissible, the Client irrevocably waives any potential withdrawal rights.
The absence of a statutory right of withdrawal does not create any entitlement to refund, reimbursement, cancellation, or rescission unless explicitly agreed in writing by the Provider.
12. Limitation of Liability
To the maximum extent permitted by law, liability is limited to intent and gross negligence.
In cases of slight negligence, liability is limited to essential contractual obligations and capped at foreseeable typical damages.
The Provider shall not be liable for:
Loss of revenue
Loss of profit
Business interruption
Strategic decisions made by the Client
Legal violations by the Client
Market changes
Third-party failures
Indirect or consequential damages
The accuracy or completeness of advice or recommendations provided in the course, calls, or via chat, as these solely reflect the personal opinion of the provider.
Mandatory statutory liability remains unaffected.
13. Termination for Cause
The Provider may terminate the contract without refund if:
The Client violates these T&Cs
Payment obligations are not fulfilled
The Client behaves abusively, unprofessionally, or unlawfully