Terms of Service
I. The subject of the enterprise
The subject of the enterprise is the contribution of EDP services of all kinds in the Internet and/or with the customer. The fulfillment of given and accepted orders is accomplished by the enterprise in the own name and on own calculation on behalf the respective customer (in the following “clients” mentioned).
II. Guarantee
1. The client is obligated to examine the furnished service immediately after providing and/or appearance and to lodge a complaint any errors in writing at the latest within one week starting from production and/or appearance of the furnished service. If the complaint does not take place in time, the warranty claims of the client are void. 2. During incorrect furnished service the enterprise is after its choice was entitled to make either an indemnification in the measure, in which the purpose of of the furnished service impaired, or a rework. Only if such a indemnification or rework not possibly, at least twice failed, unreasonably retarded or despite appropriate period setting by the client one refused to the enterprise, the right is entitled to the rising giver alternatively for the cancellation of the contract (transformation) or for the reduction of the remuneration (decrease). 3. An error during the furnished service in the aforementioned sense is not present, if the complained of representation by the use of a suitable representation soft or hardware (e.g. Browser) or by disturbances of the communications networks of other enterprises or by computer loss with Internet providers or ons-line service or by incomplete and/or not updated offers on so-called pro XY servers (buffers) commercial and not commercial provider and ons-line service, which lie outside of the sphere of influencesphere of influence/sphere of influence of the enterprise, or by the loss of a server, which longer than 24 hours (sequential or added) within 30 days after beginning of the contractually agreed upon circuit does not persist, because of higher force, strike or other reasons, which are not to be represented from the enterprise to, one causes. 4. If error should develop during the execution of an order, the client is not entitled to refuse the payment of another order. A set-off is permissible only if the requirement of the client placed to the set-off is undisputed or validly determined.
III. Obligations of the client
1. The client confirms with the placing of order that he acquired all necessary rights of use of the owners of author, leistungsschutz and other rights to the service furnished by him and freely over it order can. 2. The client releases to develop the enterprise of all costs and requirements third, those from the injury author, competition, press, criminal or other legal regulations with the enterprise can. 3. The client is responsible for the punctual and technically perfect delivery of the furnished service. This contains also the technical structure of the furnished service in accordance with the respective specifications indicated in the confirmation of order. The client carries the risk for the transmission of the furnished service, as far as from the risk range of the enterprise problems do not arise during the transmission. 4. Ability of orders for service for reasons, which are incorrectly accomplished in the risk range of the client to lie, not or, is charged for the furnished service to the client nevertheless. The enterprise if no being to blame for meets at the incorrect or nonexecution, then the client does not have requirements against the enterprise. 5. The client is not entitled, without retiring or transfer on express previous agreement to the enterprise of rights or obligations from the contract third. The enterprise can transfer rights and obligations from the contract at any time at third transfer or. The client gives in addition expressly his agreement. As long as the client was not informed about the transmission, it is to be paid entitled with debt-liberating effect to the enterprise.
IV. Rücktrittsrecht
1. The enterprise reserves itself the right to reject also after conclusion of a contract the contribution of the service for reasons which make a contract execution unreasonable for the enterprise. This is in particular the case if the service which can be furnished injures author, competition, press, criminal or other legal regulations. 2. The client has the right about the reasons of the rejection to be informed. Can of the client no more again, who appropriate order for service is put to requirements of the enterprise at the disposal, the client has requirement on Rückerstattung of already performed payments. The enterprise at the unreasonableness contract execution if no being to blame for meets, then costs are to be brought in departure by this claim for restitution, which already developed with the enterprise. Large requirements of the client are impossible. In such a case on the part of the client still if no payments took place, then the enterprise can require the replacement for costs already developed.
V. Cancellation
1. The cancellation of orders by the customer is in principle possible and must take place in writing. With cancellations until 4 weeks before beginning of campaign no cancellation fees result.
VI. Prices
1. For the contracts those are valid at the time the conclusion of a contract for valid in each case price lists of the enterprise, if singlecontractually nothing else was agreed upon. 2. Price adjustments for execution orders for service confirmed agreed upon of and become effective, if they are announced by the enterprise one month before the attitude with new price. In this case a Rücktrittsrecht is entitled to the client, which must be expenditure-practiced within five working days after receipt of the report by explanation.
VII. Area of application
1. For all/final first, current and future business which can be locked with the enterprise excluding the following conditions are valid. The enterprise recognizes deviating conditions of the client not on from the available general trading conditions. These do not become even part of contract if the enterprise contradicts them not expressly. 2. With the distribution of the order the exclusive validity of these trading conditions is recognized by the customer.
VIII. Conclusion of a contract
1. A contract between the enterprise and the client comes off either by a written confirmation of order by letter, fax or email on the part of the enterprise or by fulfillment of the order on the part of the enterprise. The enterprise has the right to reject orders not confirmed yet also without indication of reasons. 2. Orders and order alterations of orders already given verbally by the client confirmed become effective only if they are in writing confirmed by the enterprise. 3. For the contracts those are valid at the time the conclusion of a contract for valid in each case price lists of the enterprise.
IX. Adhesion
1. The enterprise is not responsible for the continuous accessibility of the website, to just as little for the fact that by the furnished service determined results can be obtained. 2. For payment of damages, directly from which argument, the enterprise is responsible only with resolution, rough negligence and absence of a assured characteristic. This is valid also for fulfilment and/or performing assistants and legal representatives of the enterprise. 3. In all other cases the enterprise clings then only if substantial contract obligations (cardinal obligations) are injured. The payment of damages is limited to the typically foreseeable damage. A reconciliation of atypical or foreseeable damage does not take place.
X. Non-liability
1. The enterprise is not responsible for the topicality, the contentwise correctness as well as for the completeness of the information stopped in their Web offer. 2. The enterprise does not have influence on organization and contents of strange Internet sites. It dissociates itself from there from all strange contents, even if on the part of the enterprise on these external sides a left were set. This is valid for all on the homepage indicated on the left of and for all contents of the sides, to which the banners lead and left, as well as for foreign entries in from the enterprise furnished guest books, panels and mailing lists.
XI. Copyright
The homepage layout, the used diagrams and pictures, the collection of contributions as well as individual contributions are in copyright matters protected. A duplication or a use is not permitted without express permission of the author. The enterprise reserves itself all rights.
XII. Place of delivery and area of jurisdiction
1. Place of delivery and area of jurisdiction is so far legally permissible, the seat of the enterprise. The enterprise is however justified, requirements against the client also at every different one for this responsible court is valid to make. 2. For the conclusions of contracts German right is valid.
XIII. Other
1. Changes or additions of the contract require writing to their legal force. Verbal special agreements were not met. 2. If individual parts of the managing general trading conditions should be ineffective or become, then the remaining regulations of these general trading conditions remain fully effective.
XIV. Payments
1. Calculations are to be carried out immediately after their receipt without each departure on an account indicated by the enterprise. The departure of discount payment requires special written agreements. Without further request enters after 14 days delay. 2. If the fulfillment of the pecuniary claim is because of after contract conclusion an entered or admits nascent degradation of financial circumstances of the client endangered, then the enterprise can the further execution of an order for service up to the payment reset or for further orders for service without prejudice to, opposing earlier agreement, a pre-payment or other collateral require. 3. If the client with its obligation to pay comes totally or partly into delay, then he has to pay starting from this time interests at a value of annually 5% over the basis interest of the EZB, as far as the enterprise a higher damage do not prove. 4. The enterprise is to be required entitled Vorauskasse and be furnished only for receipt of the invoice amount achievement.