Please note that in case of dispute, only the Terms Of Service in the German version is legally binding!

 

TERMS OF SERVICE

for the web designer SkyTech-Engineering / -Media

 

SkyTech Engineering / Media
CARLHEINZ WAGENBRETH
AT GEIERSBERG 7
07546 GERA

UStID: DE 161 1850 72


1. Scope

1.1 The following terms and conditions apply to all legal transactions of the
         Webdesigners SkyTech Engineering / Media under this contract with his
         Contracting party, hereinafter referred to as "customer".

1.2 Changes to these terms and conditions will be announced to the customer in writing. you
        shall be deemed approved if the customer does not object in writing. The customer must
        the objection within 2 weeks of notification of the changes
        send to the web designer.


2. Forwarded orders

2.1 If an order is executed in the form that the web designer has a third party with the
        entrusted further task, the web designer fulfills the order by him in the
        forward your own name to the third party.

2.2 The offers of the web designer are free and non-binding. Valid in the
        individual offer prices mentioned.


3. Conclusion of the contract

3.1 A contract with the web designer comes through the transmission of the signed
        Customer order by fax, e-mail or by sending the order confirmation by the
        Webdesigner.

3.2 The subject matter of the contract is the following:

        - Conception and creation of websites
        - Creation of royalty-free photos and sound data

In particular, it is agreed:

        1. The conception is limited to the development of the future design and the
               required content

        2. Contents are basically, unless otherwise agreed, to be provided by the customer

        
4. Data

       The customer shall indemnify the web designer against all claims of third parties regarding the
       provided data freely. In case of data loss the web designer can not be held responsible
       be made,
       unless he acts deliberately or through gross negligence. The customer agrees to
       No responsibility or representation of the web designer, all necessary data
       again free of charge to those to submit.


5. Privacy

       The contractor agrees that in the context of with him
       completed contract, data about his person saved, changed and or
       deleted and transmitted to third parties as necessary.
       This applies in particular to the transmission of data for the application and / or modification
       a domain (Internet address) are necessary.


6. Prices and payments

       Invoicing takes place in 2 installments of 50% each:

      1st installment: After the customer has confirmed the design design
      2nd installment: After acceptance of the contractually provided service by the customer

      according to the valid price list of the web designer or individually with the customer
      agreed price. All invoices are payable immediately and without deduction.

      After receipt of the invoice amount with the Webdesigner and existence of for the
      Services necessary data of the customer, will be the contracted services
      executed by the web designer. If the customer is in arrears with due payments, reserves
      the web designer before, other benefits until the balance of the outstanding amount
      to pass on the resulting costs to the customer.
      Objections because of incorrectness or incompleteness of a financial statement
      to collect the customer at the latest within 7 days of its receipt; he does
      his objections in writing asserted, the dispatch within the 7-day period is sufficient.
      The waiving of timely objections is considered as approval.


7. Trademarks / Copyrights

      The customer is obliged to assume all legal responsibility with regard to
      Copyright, protection of minors, press law and the "right to own picture".
      For publications commissioned by the customer only texts and pictures are to be published resp.
      to make available for publication, in which a corresponding right of use
      exists and to which the possibly necessary agreement of mapped persons exists. The copyright
      All work done by the web designer remains with the web designer.


8. Liability

8.1 The risk of legal admissibility of the activity and creation of projects by the
      Web designer is carried by the customer. The customer is the web designer of
      Claims of third parties free,
      if he has acted at the express request of the customer, even though they are the customer
      Concerns about the admissibility of the measures.

8.2 Does the web designer consider the competition measures to be necessary?
      Examination by a particularly knowledgeable person or institution is required
      the customer after coordination the costs.

8.3 Claims for damages against the web designer are excluded unless they are based on
      intentional or grossly negligent behavior of the designer or himself
      Vicarious agents are based.
      The period of limitation for the assertion of damages is three years and begins
      with the date on which the obligation to pay damages
      has been committed.
      Should the statutory limitation periods in individual cases for the web designer to a shorter
      Prescription lead, these apply.

8.4 For all other claims for damages, the statutory provisions of the
      civil code.

8.5 In terms of height, the liability of the web designer is limited to comparable ones
      Transactions of this kind typical damage, at the conclusion of the contract or at the latest
      Commissioning the dereliction of duty were foreseeable.

8.6 The liability of the web designer for consequential damages resulting from the legal reason of the positive
      A breach of contract is excluded if and insofar as the liability of the same is not
      from an injury
      the obligations essential to the fulfillment of the purpose of the contract.


9. Relevant Law and Jurisdiction

9.1.German law applies to the business relationship between the customer and the web designer.

9.2.The jurisdiction agreement applies equally to domestic customers and foreign customers.

9.3.Fulfillment and jurisdiction for all services and disputes

      - exclusively the headquarters of the web designer


10. Other provisions

10.1 Verbal collateral agreements to this contract do not exist.

 

Source:https://www.formblitz.de/products/agb-dienstleistungen-webdesign.html#inhalt




    Gera, 2019-02-10 SkyTech-Engineering / - Media / Karlheinz Wagenbreth