General terms and conditions/disclaimer

1. General terms

These terms and conditions set forth the basic terms of the future cooperation of the parties and shall be accepted of the customer for the whole duration of the business connection.

Agreements, which vary from the listed articles below must be given in writing.

2. Proposal and conclusion of contract

Proposals from the supplier are subject to confirmation and legally nonbinding.

After preparation of a proposal contracts take effect by placing of the order.

3. Contract period and termination

The contract ends with the transfer of the product from the supplier to the customer and with the payment from the customer to the supplier. Nevertheless every party is able to terminate this agreement by giving 30 days prior written notice to the other party.

Maintenance contracts are not limited (if not otherwise agreed) and can be terminated by giving 30 days prior written notice to the other party.

4. Terms of payment

All goods and services have to be paid by customer after receipt of invoice without delay, by no later than 30 days from the date of the invoice, without deduction.

In default we invoice 14% p.a. default interest.

The prices are in Euros and inclusive Value Added Tax (VAT) but exclusive applicable customs duties.

5. Reservation of proprietary rights

All goods and services remain the property of Binit Webdesign until full payment of customer.

6. Responsibility

Only the customer is responsible for the content of his webpages and assures, that his whole internet presence neither violate third-party rights (rights of brands, names, copyright, etc.) nor infringe current laws as well as generally valid legal norms. In addition the customer commits to publish no immoral content or content which incites to racial hate (§131 StGB), glorify resp. downplay violence and war, are improper, pornographic (§ 184 StGB) or morally compromise children and youths.

Claim for damages of impossibility of service, positive violation of a contractual duty, fault at conclusion of contract and civil offence against the supplier are excluded, if there is no deliberately or grossly negligent acting present.

For server problems or downtimes within the internet and interventions from third-parties, which are not under the control of the supplier, the supplier assumes no liability. If the client updates or edits the websites, the supplier assumes no liability, as well. Liability and claim damages are permitted by law limited to the order value.

The customer is responsible for the backup of his data. If there is no further maintenance service by the supplier, the customer is responsible for the backup of the delivered data and indemnified the supplier from the duty to preserve records of the compiled data. If there is a conclusion of a maintenance service contract, only the supplier has the right to edit or update the website.

7. Final clauses

If one of the conditions is void, the rest of the conditions remain valid.

The void condition will be replaced by another one, which is economical and in their intention nearest to void condition.

Place of jurisdiction is Forchheim, Germany. The law of the Federal Republic of Germany applies.

In case of doubt the German version applies.

8. Disclaimer

Liability for Content

We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages.

According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation.

Liability for Links

Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers.

At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law.

Copyrights

The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator.

Data Protection

Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.

We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials.


(source: S&K Rechtsanwälte www.streifler.de; Englisch-Übersetzung durch Twigg's Translations)

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