Terms of Nessmann GmbH Media Services
Cevalo Media - Webdesign Limburg
§ 1 Scope
(1) These terms and conditions for media services ( "Terms Media") govern all contracts between Nessmann GmbH, Kalkstraße 19, 65606 Villmar, firstname.lastname@example.org email, website www.cevalo.com ( "Website") and its customers relate to the production of publications (websites, flyers, etc.) and the provision of other media services, especially programming, web design and hosting, as well as promotional activities, by Cevalo. Customer under these Conditions can be both consumers and entrepreneurs to §§ 13, 14 BGB. After that, consumers who do not order goods for a purpose that can be attributed to its commercial or independent professional activity, entrepreneur any natural or legal person or unincorporated organization that trades in their commercial or independent professional activity when concluding the contract.
(2) Cevalo supply its services exclusively based on these General Terms Media valid at the time the contract was amended. Deviating agreements or the recognition of conditions of the customer in writing. Also an agreement departing from the written form requirement, must be in writing.
(3) Cevalo and the customer communicate both in the context of concluding the contract, as well as its execution, in German.
§ 2 Rights and obligations of the customer
(1) The customer may web design, use images, movies, sounds, music, fonts, and related content, which provides Cevalo, for its website. Cevalo assured to have itself the necessary rights. The customer was unless otherwise agreed, no exclusive right of use.
(2) The customer is not entitled to immediate implementation of amendments / or requests for additions. Cevalo will specify an approximate completion date in such cases.
(3) The buyer is responsible for the content of its website and other publications produced by Cevalo itself. This applies to the factual, as well as the grammatical and orthographic correctness of the content.
(4) The customer assures that the use of the contents provided by him (text, graphics, video, etc.) does not violate any rights of third parties.
§ 3 Rights and obligations of Cevalo
(1) Cevalo of agreed services will run within the stipulated time.
(2) Cevalo shall indicate the right customers and created for him as a reference publications on its website and in other promotional materials own.
(3) Cevalo also has the right to create a reference to the special website created in Contacts websites and other publications. The note reads "Webdesign: Cevalo Media - www.cevalo.com" or similar, depending on the type of media used.
§ 4 Completion, delays and defects
(1) Subsequent requests for changes of customers lead to the cancellation of completion dates.
(2) The customer is only entitled to withdraw if the Cevalo set after the due date, reasonable time period has elapsed for performance. The deadline is generally adequate if it is at least four weeks.
(3) The customer has to examine services immediately after completion of their lack of freedom. he immediately be notified in writing within 12 working days after delivery towards Cevalo Obvious defects. The complaint should describe the defect as detailed as possible.
(4) hidden defects, the customer must immediately, at the latest within 6 working days after their discovery in accordance with the requirements of paragraph 3 be notified in writing.
(5) If a defect is not challenged in time, the service is in respect of the relevant defect.
(6) The customer waives the right gem. §§ 634 no. 2, 637 BGB to rectify any defects himself and to demand compensation for the necessary expenses.
(7) The statute of limitations, including claims for damages, amounts to one year from the statutory limitation period. This does not apply to claims for damages due to intent or gross negligence.
§ 5 Liability
(1) Cevalo not liable for damages arising from the application or use of the publications created, especially for claims arising in transactions of customers with third parties. The liability is limited to the contract amount.
(2) Cevalo liable only if they are based on its fault or that of their agents for injury to life, limb or health.
(3) Cevalo liable for other damages only if intent or gross negligence, unless there is a breach of contractual obligations. Also in this case Cevalo liable only for typical contractual foreseeable at contract conclusion.
(4) Where the liability of Cevalo excluded or limited, this also applies to the personal liability of employees, and employees, representatives and agents of Cevalo.
(5) Claims for compensation of the customer expire one year after the statutory limitation period. This does not apply to claims in tort.
(6) Liability for data loss is also limited to the typical recovery expenses which would have occurred with regular and risk-appropriate backup copies.
(7) Cevalo not liable for failure of performance due to force majeure (fire, storm, electricity failure, etc.). Cevalo liable, in neither the constant nor the uninterrupted availability of the web pages.
§ 6 Performance and Payment
(1) The execution of projects will start only after payment of a deposit of 50% of the agreed amount.
(2) The balance is due upon completion of a project. Depending on the scope and duration of the implementation of individual payments for parts of the project can be agreed. A project is finished when it is released from Cevalo for publication. Payments are made by bank transfer to the bank account of Cevalo.
§ 7 Confidentiality
(1) Cevalo undertakes all technical and commercial secrets, which it receives in connection with the provision of services to customers, to be kept confidential.
(2) This requirement does not apply to information that was available to the public or to be accessible, unless this is done with intervention of Cevalo, and for information which was already in the possession of Cevalo.
(3) The customer commits itself to keep secret all of Cevalo as confidential qualified documents and information and all employees who have access to them, inform them of the obligations under this Treaty.
§ 8 Amendments to Terms
Cevalo reserves the right to its website, Conditions to change media and other conditions at any time. For each project, the force at the time of concluding the contract terms and conditions apply Media. Should a change due to law or administrative order be required, it shall also apply to previously concluded agreements.
§ 9 Data Protection
§ 10 Final Provisions
(1) In all due to these Conditions of contracts concluded are governed by German law, excluding the CISG (CISG) and the German international private law application. Mandatory rules of the country in which the customer has his habitual residence, remain unaffected.
(2) Can not parties reach an amicable agreement on the interpretation and execution of this contract, they undertake over the use of the legal process to settle their problems in a business mediation to larger issues such as to avoid court costs. After applying for a mediation conducted by one of the parties, the parties undertake to agree on a mediator within 8 days. Is not this agreement, the parties may propose a business mediator from a recognized institution (for example, the IMF or the Chamber of Commerce). The costs of mediation borne by the parties in equal, unless they agree in mediation on a different distribution. Only if the mediation is for whatever reason, failed, the judge is to justice be possible.
(3) If the customer has no general jurisdiction in Germany or his place of residence to the contract abroad or his residence at the time the action is not known, has jurisdiction for all disputes is the headquarters of Cevalo in Villmar. If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction is the seat of Cevalo in Villmar for all disputes.
(4) Cevalo can exercise their rights in connection with violations of these Terms, even if the customer has violated Conditions previously without Cevalo have something done about it.
(5) The data communication via the Internet can not be guaranteed error free or available at any time after the current state of technology. Cevalo liable, in neither for the constant, even for the continuous availability of the website.
(6) Both parties agree with the fact that advice, information, texts, and data can be exchanged via email and Internet.
(7) If any provision of the contract or of these terms and conditions be or become ineffective or oppose the statutory regulations, then this contract and these terms and conditions will not affect the remainder. The invalid regulation shall enter the relevant legislation. This rule applies in case of loopholes.
§ 11 Contact Information
Cevalo Media is a trade name of Nessmann GmbH. Their contact information is as follows:
Manager: Mr. Philipp Nessmann
Register: Amtsgericht Limburg
Trade register number: HRB 5333
Sales tax identification number: DE299247508