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General terms and conditions

§ 1 Basic Provisions

  1. The following terms and conditions are valid for all contracts between the FINWICK® UG (haftungsbeschränkt), Hildener Straße 73, 40597 Düsseldorf, Deutschland, consecutively labelled provider, and the customer, consecutively labelled client, which are agreed on through the website of the provider, by email or through letter post. Unless further specified the inclusion of rules by the client is objected.
  2. A consumer in terms of the following regulations is any natural person which makes a legal transaction to a purpose which cannot be attributed to their industrial or freelance employment. An employer is every natural or legal person or incorporated business partnership which is, at the moment of commitment to a contract, exercising their autonomous occupational or commercial activity.
  3. The provider is at any time allowed to send the user newsletters. Should the user not want to recieve the newsletter he or she has to delete their account. The option for this is shown on the main site.

§ 2 Contract

The provider takes on various services for the customer. The scope of services results depends on the bought service package and the legally guaranteed service description.

§ 3 Conclusion of the contract

  1. The service packages of the provider are not a finalized offer for the closure of a contract, but a request for a bidding (offer by the customer).
  2. The customer may deliver his offer in written form, by telephone, via fax, email or through the order/contact form on the site of the provider.
  3. The notice of acceptance of the offer and thus the closure of the contract is done by written contract note which may be delivered through fax, email or letter post. Should the customer not receive the contract note within five days the contract is cancelled. Any work performed will be immediately refunded.
  4. In case of inquiry by the customer the provider will create a custom-made offer which will be delivered to the customer in written form and to which the provider is bound to for 7 days. The customer accepts the offer by written confirmatory letter

§ 4 Prices and payment

  1. The prices listed in the respective offers are final prices. They contain all price components including all incurred taxes.
  2. The customer has the following means of payment: PayPal
  3. The provider reserves the right to exclude certain payment methods in certain cases and demand advance payment.
  4. Bills given by the provider are immediately valid.
  5. Unless further specified payments are to be paid before the first of each month, following the conclusion of the contract.
  6. Following the affirmation of contract resp. the begin of each following contract period the customer (in case of a continuing obligation) is sent a bill per email on the accrued costs.

§ 5 Service provision

  1. The service provision will occur, unless otherwise specified, within 14 days after receiving all necessary materials needed to do so.
  2. The provider is legally bound to provide the services specified in the description of the general or custom-made offer. These will be provided to the best of their knowledge and volition or through third parties. Unless further specified certain success is not guaranteed.
  3. The customer is bound to cooperation as far as the provider needs further information to provide their services. The customer is bound to provide needed resp. relevant information immediately when the contract is concluded. Information that the customer later obtained is to be immediately relayed to the provider. This information will not lead to a extension of the contract but may require a new offer and contract note.
  4. The customer is bound to not transmit data whose contents violate third-party laws, especially copyright laws, rights to a name, trademark laws or transgress general laws. The customer explicitly exempts the provider from all third-party claims made in this context. This includes the costs of needed legal representatives. The provider is not obligated to monitor the transmitted data for statutory violation.

§ 6 Copyright and usage license

  1. All texts,graphics, images, designs and logos created by the provider are subject to copyright laws. Without explicit consent by the provider use, reproduction or change of selected parts or full contents is forbidden.
  2. Unless specified the provider transmits a temporally unlimited usage right for the content that was created by the provider to the customer. It is explicitly forbidden for the customer to distribute the copyrighted works to third parties whether for commercial or private use.
  3. The copyrighted works may contain an author's designation. Removal or change of this designation without explicit consent by the provider is forbidden.
  4. Should the customer culpably violate the provider's right for designation of authorship in accordance with § 6 para. 3 the customer is committed to a payment of 50% of the agreed on compensation to the provider. The customer is allowed to provide evidence that the damage done is non-existent or significantly lower than the contractual penalty.

§ 7 Term and Termination upon continuing obligations

  1. The contract between the customer and the provider has the agreed on duration. In case that the customer doesn't renew the contract and the provider doesn't agree at least two week before the end the contract will terminate at the agreed on duration. The provider is not bound to inform the customer that the contract will end in two weeks time.
  2. The right for a well-grounded termination without notice stays reserved. In particular the provider has the exceptional right of termination should the customer, after being served notice, fall behind with payments more than 14 days. In case of an exceptional termination of contract the customer is legally bound to pay compensation.

§ 8 Special rules for maintenance contracts

  1. The creation and management of backups of uploaded data on separate mediums is to be done by the customer themselves. The provider is not in charge of creating backups unless further specified.
  2. Security updates will be installed by the provider within 14 days after their announcement.
  3. Unless further specified newly needed extensions, changes or adjustment of existing components, modules or plug-ins not part of the concluded service contract.
  4. Security updates will not be installed should it be apparent that doing so will break components, modules or plug-ins. In this case the provider will contact the customer directly, after which the customer has to decide whether he will take the risk of updating.

§ 9 Warranty

  • The statutory provisions are in effect.
  • Should the customer be a entrepreneur the following differences to para. 1. will be in effect:
    1. The customer is obligated to immediately and carefully check the performed services for faults and, in case that errors are found, notify the provider within seven days following the discovery or first possibility of contact. To ensure the adherence to the time limit timely sending is sufficient. This also applies to faults that are found later. In case of infringement on the requirement to make a complaint in respect of a defect immediately on receipt of the goods the customers right to make enforcements is void. §377 HGB is in effect as appropriate.
    2. The warranty period is one year following the provision of service. The shortened warranty period is not applicable for damages to life, body or health due to negligence on part of the provider, damages from highly negligent or deliberate behaviour resp. malice of the provider or recoveries in accordance with § 478, 479 BGB.

§ 10 Liability

  1. The provider is fully liable for damages to the life, body or health, should he maliciously conceal defects or guaranteed the intactness of the object of purchase, act under intent or with negligence, in case of damages falling under the Product Liability Act or as statutory.
  2. Should fundamental and essential obligations be affected then in case of slight negligence the accountability of the provider is limited to predictable damages typical for the contract.
  3. In the case that unessential obligations are affected, the accountability in case of a breach of duty due to mildly negligent behaviour is excluded.
  4. At the current state of the art faultless data communication at all times is impossible. The provider does guarantee neither permanent nor uninterrupted access to the technical appliances and the thus provided services.

§ 11 Applicable law, place of performance and jurisdiction

  1. German law is in effect to the exclusion of the CISG. In case the customer is a consumer this only holds as long as the promised security of the laws of the country in which the main residence is located is not detracted (benefit-of-the-doubt principle).
  2. Should the customer be a business owner, legal entity under public law or special fund under public law, then the place of execution for all promised services and jurisdiction is the place of business. The same holds should the customer not have a natural forum in Germany or the EU or the address or main residence at the time of the commencement of a suit be unknown. The capacity to call a court in another legal place of jurisdiction is not changed.
  3. In case of an issue unless further specified the German version of the general terms and conditions is valid.

§ 12 Changes to the Terms and Conditions

The provider reserves the right to change these general terms and conditions at any time and without explanation. The changed terms and conditions will be sent to the customer no later than two weeks before taking effect. Should the customer not reject these terms and conditions within two weeks following the notification then the new terms and conditions will count as valid. The provider will remind the customer separately of the two week time limit in the notification email.

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