General Terms and Conditions – AGB Web Design, Programming and Hosting
§ 1 Scope
(1) Unless otherwise expressly agreed, the following terms and conditions shall apply to the commissioning of our company, ixtreme.media, Isabel Unger, Hauptstr. 18, D-86931 Prittriching the following General Terms and Conditions (GTC) in the version valid at the time of the order. For further data please refer to our imprint.
(2) In business transactions with companies, including assigned websites (realized by ixtreme.), the aforementioned terms and conditions shall apply to all future transactions with the Customer even without express reference.
(3) Any deviating terms and conditions, in particular purchasing terms and conditions, of the Buyer are hereby rejected.
§ 2 Conclusion of contract
(1) By commissioning the performance of the selected service, the Customer submits a binding offer to conclude a contract. The contract between the Customer and ixtreme. is concluded by the declaration of acceptance in writing or by telex. The same applies to supplements, amendments or collateral agreements.
(2) An act of execution by ixtreme. in accordance with the order shall replace the order confirmation. By using the service of the agency ixtreme. the customer declares the acceptance of this offer and waives a receipt of the declaration of acceptance.
(3) Offers made by ixtreme. in brochures, advertisements, etc. are – also with regard to price quotations – subject to change and non-binding, unless a binding assurance is expressly given.
§ 3 Scope of services
(1) ixtreme. offers the following services: Creation, planning, customization and maintenance of websites, portals and online stores – and catalogs, other graphic services, production of digital data carriers (CD-ROM/DVD etc.) and web hosting.
(2) ixtreme. renders its services according to the wishes and specifications of the Customer. Installation, instruction and training shall only be part of ixtreme.’s performance obligations if this has been agreed. Requests for changes and extensions have to be considered by ixtreme. only if they are necessary for technical reasons in order to achieve the purpose of the contract.
(3) In case of a substantial change of ixtreme.’s contractual obligations for the purpose of adapting them to the Customer’s needs, ixtreme. may charge the Customer for the necessary additional expenses. This shall also apply to an extensive examination whether and under which conditions the modification or extension is feasible, as far as ixtreme. has indicated this in writing.
(4) The customer is informed that the operation of a website entails legal obligations, the non-observance of which may result in civil and criminal penalties.
These are in particular:
– the imprint obligation (provider identification) according to § 5 TMG;
– Information requirements according to § 312c BGB (distance contracts);
– Information requirements according to § 312e BGB (electronic commerce);
– Obligation to check when setting links;
– Review obligations for the content of forum discussions, blogs and chat rooms;
– Obligation to comply with media law regulations;
– Obligation to respect the copyrights and trademark rights of third parties (see also rights of use).
The customer alone is responsible for compliance with these obligations. Should ixtreme. incur any damage because the customer violates the aforementioned obligations, ixtreme. shall be entitled to claim damages.
§ 4 Prices and payment
(1) The list prices at the time of delivery shall apply. Fixed prices shall only apply if the price agreement in the individual case, e.g. on the basis of a quotation, contains neither a price increase option nor a time limit for the fixed price agreement.
(2) The prices do not include the statutory value added tax. Shipping costs, installation, training and other ancillary services are not included in the price unless otherwise agreed. Additional services that are not included in the price list or the offer are to be paid for separately.
This applies in particular to additional expenses as a result of
– of submitting data in non-digitized form,
– of necessary and reasonable use of third-party services,
– of effort for license management,
– commissioned testing, research services and legal audits,
(3) If the customer is in default of payment, he must expect interest on arrears in the amount of 5% above the base interest rate. Interest on arrears shall accrue if the payment deadline is exceeded even without a reminder.
(4) The Customer acknowledges that ixtreme. will first offset payments against older debts. If costs of legal prosecution such as reminder costs have already been incurred, ixtreme. may set off payments of the client first against these costs, then against the interest and finally against the main performance.
(5) The created website and / or webshop remains property of ixtreme until full payment.
§ 5 Dates, deadlines and obstacles to performance
(1) Delivery dates or deadlines, which may be agreed upon as binding or non-binding, must be in writing.
(2) If the cooperation of the Customer is required or agreed for the performance of ixtreme. the delivery time shall be extended by the time the Customer has not complied with this obligation.
(3) In the event of delays due to
– Changes in the requirements of the customer,
– insufficient prerequisites in the application environment (hardware or software deficiencies), as far as they were not known or should have been known to ixtreme.media,
– Problems with third party products (e.g. software from other IT manufacturers),
the delivery or performance date shall be extended accordingly.
(4) Insofar as ixtreme. is unable to provide its contractual services or is unable to do so in a timely manner as a result of labor disputes, force majeure or other circumstances that are unavoidable for ixtreme.media, ixtreme. shall not suffer any adverse legal consequences.
(5) If the Customer orders changes or additions that are not only minor in scope, dates and deadlines that are based on the original subject matter of the contract shall lose their validity.
§ 6 Acceptance
(1) The Customer shall use the services of ixtreme. immediately accept the goods in accordance with the checklists provided by ixtreme. to support it, as soon as ixtreme. notifies the readiness for acceptance.
(2) The services of ixtreme. shall be deemed accepted,
– if ixtreme.media has notified the readiness for acceptance with reference to the significance of the omission of the declaration of acceptance,
– ixtreme. and the Customer does not thereupon declare acceptance within a period of time that allows him to detect material defects upon the required careful inspection, but no later than after 20 working days, or refuses acceptance stating defects to be detailed to the best of his ability,
– or the client makes the website or parts thereof accessible to third parties on the net without further examination or commissions ixtreme. to do so, unless the non-acceptance is due to a significant defect in the services provided by ixtreme.media.
– If the readiness for acceptance is not notified, the time at which the customer should reasonably have been aware of the services shall apply instead of the time of notification.
§ 7 Duty to cooperate
(1) The Customer shall provide necessary data, in particular content to be maintained for the websites, in a timely manner and in digital form.
(2) Insofar as ixtreme. provides the Customer with drafts and/or test versions, specifying a reasonable period of 8 working days for checking their correctness and completeness, the drafts and/or test versions shall be deemed to have been approved upon expiry of the period, insofar as ixtreme. does not receive any request for correction.
(3) The customer is responsible for sufficient resources and information within the scope of its duty to cooperate. It will ensure the availability of the required number of competent staff from a professional and IT perspective and sufficient computer capacity such as memory, processing power and line capacity.
(4) If ixtreme. deems it necessary, the Customer shall provide a test environment (hardware with current software version, in particular the operating system and server software corresponding to the later conditions of use).
(5) As well as errors or impairments of the functionality of the services of ixtreme. such as a website, the Customer shall notify ixtreme. thereof without undue delay, stating the time and error specification as well as the name and telecommunication data (telephone, e-mail) of the reporting and responsible employee.
(6) The Customer shall be responsible for the trouble-free operation of the facilities for remote maintenance and servicing, in particular stable data lines and interfaces.
§ 8 Rights of use
(1) ixtreme. grants the Customer a simple/exclusive/with the exception of the User exclusive and (non) transferable right of use. Yields ixtreme. services for the design of the customer’s Internet presence, the purpose of use of the website and/or of its components shall be limited to use on the Internet. Customer acquires this right upon full payment of ixtreme’s services.
(2) Upon request, the Customer is obliged to provide ixtreme. with written information about the scope of use. ixtreme. assumes when using the customer’s templates that these are not encumbered with third-party rights or that the customer has the right of use required for the order.
(3) ixtreme. also claims rights of third parties (third-party license material) for the website, which can only be transferred to the customer – in particular for a limited period of time. The restricted transfer may, among other things, result in third-party licensed material no longer being transferred to ixtreme. has no influence, is available. ixtreme. will use its best efforts to use similar material in this case.
(4) ixtreme. may invoice the Customer for the costs of third party license material by presenting the invoice of the licensor with a service surcharge of 15%. Any further identification of components of the website encumbered with third-party rights does not take place.
(5) The customer may only use third-party license material in connection with and within the scope of the website. If a claim is made against ixtreme. by the licensor because the third party license material was not used accordingly, the customer shall be liable to ixtreme. responsible for compensation of the resulting damage.
(6) The Customer is obliged to inform ixtreme. about any unlawful use of the Licensed Material of which he becomes aware, as well as to take legal action against an infringer of the industrial property rights or to support ixtreme.media in doing so.
(7) If the Customer becomes aware of infringements of rights of use by the services of ixtreme. e.g. by warnings of third parties, the Customer shall inform ixtreme. immediately.
§ 9 Copyright notices and references
(1) The Customer grants ixtreme. the right to integrate ixtreme.’s company link into the Customer’s websites and to link these websites with each other and ixtreme.’s website. The customer will take over all protective notes such as copyright notes and other legal reservations unchanged. This applies in particular also to the references to the author attached in the program code.
(2) ixtreme. reserves the right to use rendered services such as designs and objects, even if they are based on customer templates, for presentation purposes, in particular to include the customer’s website in a reference list for advertising purposes and to set corresponding links.
§ 10 Warranty
(1) Defective deliveries or services shall be repaired or replaced by ixtreme. within the warranty period of 12 months, which begins with the date of delivery or acceptance, after ixtreme. has been notified by the customer accordingly. ixtreme. shall remedy the defects free of charge or provide the customer with a corrected release version (modified version that no longer contains the defect complained of) free of charge. Expenses beyond this, e.g. updates, etc., will be charged according to time and effort. Under unfavorable circumstances, multiple rectifications may be necessary. Deviations of the created website elements from the agreed design and functionality are considered as defects, as far as these deviations affect the suitability for the agreed use.
(2) Claims for defects shall not exist if the defect is only insignificant, i.e. in particular does not have a significant effect on the agreed use.
(3) If the subsequent performance fails within a period set by the customer for subsequent performance, the customer may demand the cancellation of the contract or the reduction of the purchase price.
(4) The Customer shall notify ixtreme. of any obvious defects that are readily apparent to an average Customer by registered letter within 10 working days after delivery. Defects which are not obvious must be notified to ixtreme. within 10 working days after they have been detected. Otherwise, claims arising from these defects cannot be asserted. The defects, in particular the error messages that occurred, shall be reproduced in detail to the best of our ability (e.g. by means of error logs).
§ 11 Liability
(1) Liability under the Product Liability Act shall remain unaffected. ixtreme shall be liable for intentional or grossly negligent breaches of duty within the contractual framework. This also applies to legal representatives and vicarious agents of ixtreme. ixtreme shall be liable for slight negligence. and its vicarious agents shall be limited to the foreseeable damage typical for the contract. In this respect, ixtreme. as the user of the GTC, excludes itself and its vicarious agents in principle from liability grounds up to the limit of gross negligence and subscribes itself free. This limitation shall be deemed to have been effectively agreed upon to the extent that the possibility of a declaration of value against payment by the client (offer or order confirmation) is provided for.
(2) Liability for data loss is limited by the typical recovery effort. This is calculated on the basis of the damage that would have occurred if reasonable security measures had been taken (e.g. making backup copies).
§ 12 Obligation of the customer to back up data
The customer is obliged to protect himself adequately against data loss. Since the reinstallation of software, but also the modification of the installed software brings with it the risk of data loss, the customer is obligated to take precautions against data loss by means of a comprehensive data backup before reinstalling or modifying the installed software.
§ 13 Data protection and confidentiality
(1) The Customer is aware and agrees that the personal data required for the processing of the contractual relationship will be stored by ixtreme. on data carriers and, if necessary, passed on to affiliated companies within the scope of the order processing. The customer expressly agrees to the collection, processing and use of his personal data.
(2) The stored personal data will of course be treated confidentially by ixtreme. This data may be disclosed by ixtreme. to agents and according to. § 11 of the German Federal Data Protection Act (BDSG) to carefully selected business partners, for example for the purpose of creditworthiness checks.
(3) The collection, processing and use of personal data is carried out in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(4) The customer has the right to revoke his consent at any time with effect for the future. In this case, the agency is obliged to immediately delete the personal data of the customer. In the case of ongoing user relationships, the deletion takes place after the termination of the contract.
(5) Both contracting parties shall treat as confidential any information marked confidential that becomes known to them within the scope of the contract. Software-related documents such as documentation and, above all, the source code must be protected from unauthorized access.
(6) ixtreme. points out that according to the current state of the art it is not possible to prevent copying of works, in particular of graphics or other optical or acoustic design means, which are placed online.
For further information on data protection and confidentiality, please refer to our data protection statement.
§ 14 Termination
(1) In the case of maintenance contracts and hosting, the customer may give ordinary notice of termination no earlier than 12 months after conclusion of the contract. The contract is extended by 12 months at a time if it is not terminated in writing 1 month before the end of the contract.
(2) The right to terminate for cause remains unaffected. Especially in case of a violation of § 8 – Rights of Use – and if the Customer is in default with the payment of the remuneration by more than one month, ixtreme. may terminate the contract without notice.
§ 15 Applicable law, foreign language and place of jurisdiction
(1) The contracting parties agree that German law shall apply to all legal relationships arising from this contractual relationship. German law shall also apply in cross-border transactions to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be Landsberg am Lech insofar as the customer is an entrepreneur or merchant or a legal entity under public law or a special fund under public law is a contractual partner.
(3) If these General Terms and Conditions (GTC) are translated into a foreign language, the German version of the GTC shall always prevail in the event of linguistic ambiguities.
(4) If any provision of these Terms and Conditions is not legally effective in whole or in part, this shall not affect the legal validity of the remaining agreement. The contracting parties agree to agree on a replacement provision that comes as close as possible to the meaning and purpose of this invalid provision.
II. customer information
1. identity of the seller
Mrs. Isabel Unger and Mr. Johann Menter
Main st. 18
Telefon: 08206 466 9794
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. Contract language is German.
3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
5. prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free shipping has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective item description.
5.4. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. delivery conditions
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective item description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, the delivery and shipment is at your risk.
7. statutory liability for defects of goods
7.1. Liability for defects in our goods is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
8. disputes: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at *http://ec.europa.eu/odr*.