General Terms & Conditions

General Terms and Conditions of Business MEDIA SERVICES WERBEAGENTUR, Schützenstraße 21b, 04668 Grimma / OT Nerchau.

The terms and conditions can be accessed at any time free of charge at www.medien-dienstleistungen.eu. The customer acknowledges the terms and conditions of the company MEDIA SERVICES on both offers, order confirmations as well as on-line offers and orders. The customer can at any time inspect the terms and conditions at www.medien-dienstleistungen.eu and print out. MEDIA SERVICES is entitled to amend or amend its General Terms and Conditions at any time with a reasonable notice period. The announcement is made exclusively online by publication on the Internet pages of MEDIA SERVICES. If the customer does not object to the amended or supplemented conditions within two weeks after their publication on the Internet, the amended or supplemented conditions become effective. If the customer rejects,
The company MEDIENDIENSTLEISTUNGEN is entitled to terminate the contract at the time at which the changes to the terms and conditions enter into force.

§ 1 TERMS AND CONTRACT CONTRACTS OF THE MEDIA SERVICES ADVERTISING AGENCY, hereinafter referred to as MEDIA SERVICES.

1.1 All services are exclusively based on these terms and conditions. Collateral agreements of any kind are expressly not contractual.

1.2 Possible offers of the MEDIENDIENSTLEISTUNGEN are always without obligation. An order is deemed accepted when MEDIA SERVICES has confirmed this in writing or by telephone. The basis of the scope of services is the order confirmation or the service contract. Changes to the order can only be made by means of a further order confirmation or a written agreement.

1.3 Contrary statements by the customer regarding the effectiveness of his business or purchasing conditions are hereby contradicted.

1.4 For all legal transactions with us, the following provisions shall prevail. By accepting the first service / delivery, the customer acknowledges the exclusive validity of our provisions, even if the terms of his business are contrary, unless otherwise agreed in writing.

1.5 Employees and representatives of MEDIA SERVICES are not authorized to give verbal assurances or to make verbal agreements which go beyond the content of these terms and conditions.

§ 2 Remuneration, Offers, Order Confirmation & Terms of Payment

2.1 The payment of the goods and services shall be made according to the terms of payment of MEDIA SERVICES.

2.2 MEDIA SERVICES shall be entitled, unless otherwise agreed, parts of the project. Conceptual design, production of drafts or layout work, production or production processing and programming work separately in parts with completion independently billed and billed. The remuneration is due immediately without deduction upon acceptance of the partial work.

2.3 In the case of orders with an order volume of more than 1000, - EURO, a reasonable advance payment of min. 25% of the total order volume for order placement.

2.4 Additional payments will be determined separately, depending on the order (eg with increased financial advance by MEDIA SERVICES), and indicated in the quotation or order.

2.5 Payment of installments lost with the third outstanding payment of the fixed monthly installment due to its validity and the total amount due immediately.

2.6 Invoicing for web projects (website creation / webshop creation) is carried out with completion of the project but at the latest max. 30 days after order placement / order confirmation, unless the contract is concluded otherwise, irrespective of whether the project can be terminated due to a lack of preparation (video, picture and text material, etc.) of the client.

2.7 If a project can not be terminated due to the customer's fault, the customer undertakes to compensate MEDIA SERVICES for 65% of the resulting loss. Work already done or parts of the project will be charged 100%.

2.8 In the event of a delay in payment, MEDIA SERVICES may charge default interest of 6% per annum above the respective discount rate of the Deutsche Bundesbank. The assertion of a proven higher damage remains unaffected.

2.9 If the customer has not made a payment at the due date and is in default of payment, he shall bear the necessary additional expenses (reminder fee) in the amount of EUR 10.00 (plus the applicable VAT) for a subsequent reminder of MEDIA SERVICES.

2.10 If a customer is still in default despite the due date and reminder, MEDIA SERVICES is entitled to claim the non-fulfillment of the contract and to refuse the customer delivery of the commissioned services until payment of the outstanding amounts and to access the web server, Internet presences until the settlement of the open amounts.

2.11 The services charged to MEDIA SERVICES shall be settled by MEDIA SERVICES, unless agreed otherwise in writing.

2.12 The customer agrees to participate in the direct debit procedure, if necessary. This direct debit agreement applies to all services ordered for MEDIA SERVICES and extends to subsequent and variable fees as well as other purchase prices.

2.13 Internet services, e.g. Domainhosting, Providing etc. are only possible by direct debit.

§ 3 Reservation of title

3.1 The purchase object as well as the performance remains the property of the MEDIA SERVICES until complete payment. Prior to transfer of ownership, a pledge, security transfer, processing or transformation without express consent from the MEDIA SERVICES is not permitted.

§ 4 Prices

4.1 The price for the purchased item or the remuneration of graphics, design, layout and programming services as well as remuneration for other services used by the customer in the respective offer, order confirmation and invoices are net prices, which shall be added to the statutory value-added tax. Unless otherwise agreed, delivery and shipping costs are stated separately and invoiced.

§ 5 Cancellation

5.1 The MEDIA SERVICES shall be entitled to rescind the contract also with regard to a still open part of the delivery or service if false information about the creditworthiness of the customer has been made or objective reasons regarding the insolvency of the customer, for example the opening of insolvency proceedings The customer's assets or the rejection of such a procedure for lack of cost-covering assets.

5.2 Prior to withdrawal, the customer shall be given the option of making an advance payment or of providing a suitable security. Without prejudice to any claims for damages, partial services already rendered in the event of partial withdrawal shall be settled and paid in accordance with the contract.

§ 6 Subject and performance of term contracts (service contract)

6.1 The Contractor shall provide the Customer with server (storage), including service, configuration and administrative services, for consideration. The data is available at any time (24 hours a day). The price includes hosting fees as well as the provision of webspace for internet sites and e-mail. The Contractor shall continue to provide the Client with an annual update of his Internet presence in a maximum of 20 working hours, which shall be charged as an additional fee. If the customer is in arrears with the payment of the fee for more than 14 days, the Contractor is entitled to terminate his service immediately without losing the right to the monthly remuneration. A prerequisite for a desired domain is the availability of the domain on the day of the registration.

§ 7 Period of Termination and Termination with Term Contract (Service Agreement)

7.1 The contract shall be deemed to be in writing with the written consent of the corresponding declaration of consent. Signature of the contract. It shall be concluded on the contract period referred to in the contract. The contract is automatically extended by a further 12 months as long as no notice is given with a deadline of 2 months to the contract. Early termination of a term contract may be effected by mutual agreement or for good cause. Important reasons are: Sustained violation of essential provisions and components of this contract, initiation of insolvency proceedings.

7.2 In the case of early termination, the Contractor shall only be entitled to full fees in respect of the services provided for the work which has not yet been completed, irrespective of eventual fee break-downs with the client. Termination without notice is permitted in the case of gross negligence on the part of the contracting parties. In particular, this concerns gross negligence. Exceptions to this rule are events of force majeure, e.g. Widespread power failure, war, unrest, internet failure, etc. The notice of termination must be given in writing.

§8 Secrecy

8.1 The contractor undertakes to use the data and documents submitted to him exclusively for the provision of the services. The use for other orders requires the prior written consent of the customer.

8.2 The Contractor shall be obliged to keep silent about all events which become known in connection with the provision of the services. The obligation to silence extends to all employees of the Contractor. The Contractor shall ensure the determination of sentence 2 by means of appropriate measures in his operation.

8.3 Insofar as the customer transmits personal data to the Contractor or is collected and evaluated by him on behalf of the Customer, the Contractor undertakes to comply with the relevant provisions of the Data Protection Act.

§ 9 Supplies and Services

9.1 Self-performed services or services provided by third parties in accordance with the terms of the confirmed order shall also be charged at a fixed rate, or in consultation with the client, on a flat-rate basis. This also applies to additional services provided which are not included in the basic offer or the service contract.

9.2 Services which are provided on demand at the customer's place and not at the place of business of the MEDIA SERVICES can be charged with a travel lump sum or expenses.

9.3 partial deliveries to an order are permissible if this does not result in a disproportionate expense for the customer and the benefit of the service provided is not substantially restricted thereby. The customer is obliged to accept the service rendered within the time limit.

9.4 The services and the electronic formats to be used shall be specified in the contract. The MEDIA SERVICES reserves the right to supply the generally accepted standards for non-agreed electronic formats.

9.5 Deadlines and deadlines mentioned above are only binding if these have been expressly agreed in writing. The MEDIA SERVICES may be granted an appropriate extension of the deadline for any change requests by the client or additional supplements on the part of the client.

9.6 Events of force majeure, e.g. Widespread power outage, war, unrest, internet failure, etc. release the MEDIA SERVICES for the duration of this from any performance obligation.

§ 10 Copyright, right of use and damages

10.1 The client is aware that he is responsible for compliance with the copyrights (eg §§ 2, 16, 20, 23 and 53 UrhG) when the contractor is commissioned. The client guarantees either to own the archived data or to have obtained the right to duplication / use by the owner of the intellectual property. The same applies to the multi-access accesses of the contractor or his / her fulfillment assistance to the created archives.

10.2 The client is responsible for the fact that, in particular, § 53 UrhG is complied with. The Contractor is merely an external service provider acting on behalf of the Contractor. It is not responsible for the contents of the stored data. A general check or control of whether the client adheres to the copyright law does not take place. The client shall indemnify the Contractor from third-party claims arising out of the breach of the foregoing obligations, in particular the infringement of copyrights, rights of performance, other industrial property rights or personality rights.

10.3 If a third party asserts claims on documents from which he claims to be the intellectual author, the Contractor is free to block access to these data for the client until the claim has been cleared. In this case, the customer shall remain fully liable to the contractor for consideration.

10.4 The client is responsible for the legal permissibility of the contents of the stored data. The Contractor shall reimburse any expenses incurred by the Supplier as a result of legally inadmissible content of the data transmitted by the Customer. The rights of use of all graphics supplied, in particular of logos and other objects designed by the MEDIA SERVICES, will be transferred to the customer upon complete invoice settlement. The Client may alienate and / or further process the delivered objects of the MEDIA SERVICES for its own purposes. If, by means of provided documents, the rights of third parties are infringed by the client, particularly by means of pictures, graphics and texts, and the MEDIA SERVICES are thereby legally claimed, the client is liable for the legal consequences. The MEDIA SERVICES uses self-contained documents and graphics or license-free documents. If a copyright infringement is still present in an order, MEDIA SERVICES will remove it or declare it with the respective copyright notice.

§ 11 Guarantee for commercial transactions / warranty against consumers

11.1 The MEDIA SERVICES guarantees that the purchased item / service is free of defects upon delivery. If a defect is found within six months after delivery of the purchased item / service, it is assumed that this was already defective in the case of delivery, unless this presumption is incompatible with the type of purchase object or the defect. If the defect is only apparent after the expiration of six months, the customer must prove that the defect of the defect already existed when the object of purchase was handed over.

11.2 If the object of purchase is defective upon delivery, the customer has the choice of whether the supplementary performance is to be carried out by means of rework or replacement delivery. MEDIA SERVICES is entitled to refuse the type of the selected supplementary performance if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer.

11.3 If the supplementary performance fails, the customer may, as a matter of principle, demand a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal) and damages. In the case of minor defects, the customer has no right of withdrawal.

Guarantee against entrepreneurs

11.4 If the purchase is a commercial transaction for the MEDIA SERVICES and the customer, the customer must immediately examine the delivered goods / service for quality and quantity variance and to notify the EMBASSY SERVICES of recognizable defects within a period of one week from receipt of the goods; Otherwise the assertion of the warranty claim is excluded. Concealed defects must be reported to MEDIA SERVICES in writing within one week of discovery. Deadline is sufficient for the timely dispatch. In this case, the customer is fully liable for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the punctuality of the defect.

11.5 In the case of defects, the MEDIA SERVICES shall, at its own discretion, provide warranty by repair or replacement delivery.

§ 12 Warranty on terms of service contracts (service contract)

12.1 The Contractor shall endeavor to keep the computer system up to date. The system is equipped with up-to-date anti-virus software, professional firewall and reliable access encryption system. Furthermore, data trunks against losses are redundant. UPS devices bypass power shortages for a short period of time so that the computer system can be properly shut down.

12.2 The contractor will use a well-known provider (ISP) for the Internet connection of her server, which guarantees an availability of at least 98% on the annual average. Excluded are non-availability by force majeure or technical failure which is not within the sphere of influence of the Contractor.

12.3 As a precaution, the Contractor shall be aware that it is not responsible for the achievement of a certain transmission capacity and / or speed in the transmission of data and / or from the server since this, like all services, is beyond the responsibility of the Contractor. The Contractor is also not liable for the correct functioning of infrastructures and / or the transmission paths of the Internet, as this is also not within the responsibility of the Contractor or its vicarious agents. In particular, the Contractor accepts no liability for transmission errors or delays in data transmission. The client is obligated to notify the contractor immediately of any access problems.

12.4 The Contractor shall be free to use the newer and / or other technologies, systems, and procedures of the standards at any time to provide the service in the course of technical progress, as long as the client does not suffer any disadvantages.

12.5 The Contractor was only liable for intent and gross negligence in the performance of his order.

12.6 The contractor's server rooms are secured by means of an alarm system and access control. Nevertheless, the client is aware that, despite all security precautions, a partial or total loss of its data / Can come for different reasons. A liability or a claim for damages of the Contractor for this partial or total loss of the data is excluded, as far as the Contractor is not acted upon by willful intent or gross negligence.

12.7 Insofar as damage to the Contractor is excluded or restricted, this shall also apply to the damage of the Contractor's employees, employees, employees, trainees and vicarious agents.

12.8 The Contractor does not warrant or guarantee the software of others recommended or sold by the Contractor. This applies in particular to the use of the necessary access and client software. Claims are to be asserted against the respective software manufacturer. The licensing rights of the respective software manufacturer shall apply. Warranty is excluded in the following cases: Software for purposes and claims of the client unsuitable and not useful; Negative effects / inconsistency of the software with other soft- or hardware on the client's computer.

§ 13 Liability

Claims for damages and liability in case of inaccuracy, delay or impossibility shall be limited to the amount of the order volume, unless deliberate, unauthorized or grossly negligent action occurs. This also applies to consequential damages.

§ 14 Choice of law, jurisdiction

All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded. If the customer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is the place of business of MEDIA SERVICES. The same applies if the customer does not have a general court of jurisdiction in Germany or the domicile or habitual residence is not known at the time the action is brought.

§ 15 Severability clause

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected thereby, unless a contractual party is unreasonably disadvantaged by the omission of individual clauses, so that it can no longer be held liable to the contract .

End of the General Terms and Conditions.