Terms of Service ("Terms")
I. Purpose of the Company
Purpose of the company is to provide advice and provision of services of all kinds on the Internet. The fulfillment of given and accepted orders is performed (hereinafter referred to as "Customer") of the Company in its own name and for its own account on behalf of each client.
- The client is obliged to check the lines immediately after creating or appearing on the site or on the Server and notify any error within one week from setting or appearance of writing. If the complaint is not timely, accounts for the warranty claims of the client.
- If errors in the execution of an order created, the client is not entitled to refuse payment of another order. Offsetting is permissible only if the set-off claim of authority is undisputed or legally binding.
III. Obligations of the client
- The customer confirms the order, that he has acquired all necessary rights of the holders of copyrights, performance and other rights to the documents and texts images provided by him and freely to dispose of it.
- The client indemnifies the Company against all costs and claims by third parties, the copyright from injury, competition, press, criminal or other legal provisions may arise in the company.
- The client is responsible for the timely and technically flawless delivery of the equipment provided. This includes the technical design of the equipment according to the respective specifications set out in the order confirmation. The customer bears the risk of the transmission of the working medium, unless delivery problems arise from the risk of the company.
- Can advertising contracts for reasons that lie in the liability of the client, are not performed or faulty, the agreed advertising will be billed to the customer anyway. Does the company no fault of faulty or non performance, the customer shall have no claims against the company.
- The client is not entitled to the companies assign any rights or obligations under the contract to third parties without the express prior consent or transfer. The Company may at any time assign or transfer rights and obligations under the contract to a third party. The Client shall give his express consent. As long as the client was not informed of the transfer, he is entitled to be paid with discharging effect to the company.
IV. Right of Withdrawal
- The Company reserves the right to withdraw even after conclusion of services for reasons that make it impracticable a contract execution for the company. This is especially the case when the service copyright, competition, press, violated criminal or other legal provisions.
- The client has the right to be informed of the reasons for the rejection. Can the client be provided no new, the company's requirements related materials, the client is entitled to refund of payments already made. Does diem companies on the unreasonableness of the contract performance is not at fault, so are from this refund claim to bring costs deducted, that have already occurred at the company. Further claims of the client are excluded. Are in such a case by the client still is no payment, so the company can demand reimbursement for costs already incurred.
1. The cancellation of orders by the customer is in principle possible and must be in writing.
- For the contracts valid in the date of the contract price lists of the enterprise, unless the individual contract agreed otherwise.
- Price changes for counseling and provision of services are effective when they are announced by the company a month before setting a new price. In this case, the client has a right of withdrawal, which must be exercised by notice within five working days of receipt of the notification.
- For all concluded with the company / completed initial, ongoing and future business exclusively the following conditions apply. The Company does not recognize the present terms and conditions deviating conditions of the client. These are even not part of the contract if the company does not explicitly contradict them.
- With the order the exclusive validity of these terms and conditions shall be recognized by the customer.
- A contract between the company and the customer is concluded either by a written confirmation by letter, fax or e-mail from the company or through the fulfillment of the contract by the company. The company has the right to reject not yet confirmed orders without giving reasons.
- Placed verbally by the customer orders and order changes already confirmed orders are only effective if they are confirmed in writing by the company.
- For the contracts valid in the date of the contract price lists of the enterprise.
- The company is not liable for the continuous accessibility of the site, nor that certain results can be achieved through the consultation and provision of services.
- For damages, regardless of their legal basis, the company is liable only for intent, gross negligence and lack of an assured property. This also applies to vicarious agents and legal representatives of the company.
- In all other cases, the company is liable only if essential contractual obligations (cardinal obligations) are violated. The payment of damages is limited to typically foreseeable damage. A balance of atypical or unforeseeable damage does not occur.
- The company is not liable for the timeliness, accuracy or completeness of the information on its website.
- The company has no influence on the design and content of external websites. Therefore expressly distances itself from all external contents, even if part of the company to these external sites link was set. This applies to all links on the homepage and all contents of the pages to which the banners and links, as well as for foreign entries in the company guest books, discussion forums and mailing lists.
The homepage layout, the graphics and pictures used and the collection of contributions and individual contributions are copyrighted. Any reproduction or use is not permitted without the express permission of the author. All rights the company reserves the right to.
XII. Fulfillment and jurisdiction
- Place of performance and jurisdiction is the extent legally permissible, the seat of the company. However, the company is entitled to assert claims against the client in any other for that tribunal.
- German law applies to the contracts.
- Changes or additions to the contract must be legally valid in writing. Oral side agreements have been made.
- Should individual parts of these terms and conditions are or become invalid, the remaining provisions of these terms and conditions shall remain fully effective.
- Invoices are due immediately after their receipt without any deduction to a specified by the company account. Deduction of discount requires separate written agreements.
- If the fulfillment of the payment claim at risk due to a occurred or became known after the final degradation of financial circumstances of the client, so the company may defer the further execution of a switching order until payment or without prejudice for other services, contrary to earlier agreement, an advance payment or collateral desire.
- If the principal does with its obligation to pay all or part of in default, he has from that date to pay default interest at the rate of 5% above the base rate of the ECB, das companies can prove a higher damage.
- The company is entitled to demand payment in advance and to provide power only after receipt of the invoice...