Terms and Conditions
§ 1 Scope of the General Terms and Conditions
1) The company On-Tec Media provides all services on the basis of these General Terms and Conditions.
2) These terms and condition apply to all contracts between the On-Tec-Media and their clients, unless otherwise expressly agreed in writing. Or is compulsory by law.
3) On-Tec Media provides services in the areas of web design, online marketing, programming, website optimization, web consulting, web analytics, web hosting, graphic design, Webpromition, online PR, and creative work. The full description of the services to be provided resulting from the respective contracts with equipment and the service descriptions.
4) A contract for the purposes of a service contract (§ § 611 ff), which the
binding scope defined only by the written
and the acceptance of the buyer or the
mutual signing of the contract concluded. The concrete benefits of the parties are set out in separate, to be concluded on the basis of the Terms of contracts.
5) On-Tec media is when it is necessary to pass sections to subcontractors that are necessary for order fulfillment. The general responsibility for the entire project is always in the On-Tec Media.
§ 2 Compensation / Payment
1) The charges for the On-Tec Media is unless agreed otherwise in the contract according to agreed prices. The invoice will be issued to 50% of the total decrease in the concept by the client and to 50% after the final performance by on-Tec Media.
2) If both parties have not contracted price agreement for the lines, the agency prices for the services provided are in doubt.
3) All contract payments are net prices.
4) The remuneration of the services is due basically always 15 days after the invoice date. If the customer are in default of payments is the On-Tec Media to provide services authorized open back and cancel the contract. When arrears of bills interest at the statutory rate due. The payment deadlines are met even if the customer has valid objections to the project.
5) Ends prematurely terminate the contractual relationship, so has the On-Tec Media entitled to the remuneration for the work done up to that point. Is a flat fixed amount agreed for the remuneration, has the On-Tec Media entitled to pro rata payment of the work to the contract work. The payments already made will not be refunded.
§ 3 Cooperation
1) The Client is obliged to provide the on-Tec-free media all necessary assistance. All the data necessary for the performance data, in particular to provide (including login information), materials, information and advertising materials on time and in full, in the format specified by On-Tec Media available when needed. The On-Tec Media is not instructed to check the customer information for accuracy, completeness or legal violations (particularly of copyright violations and applicable data protection legislation).
2) Privacy rights, rights of trademark law, unfair competition law, copyright law, criminal law) as well as violations of administrative orders required verification shall be solely the client’s own responsibility.
3) Both parties cooperate in good faith and teach your partner for any deviation of the project.
4) For a smooth flow of customer appoint a project manager and contact person for the project. This person has all the relevant information regarding design and implementation of the project as well as the rights to the receipt of information and records.
5) The client is responsible for ensuring that the technical infrastructure used by him or by third parties entrust the technical infrastructure used by On-Tec media is fully compatible. He has the availability of adequate technical landing pages and other data and information, refer to any advertising to ensure. The client is obliged to inform the On-Tec media during the performance to draw immediate attention to technological changes or improvements to its website and to take any action, or to have taken by third parties, which may affect the performance of on-Tec Media.
6) If the completion date due can not be met not performed services of the client. Is the completion date for On-Tec Media not binding.
7) The conduct of maintenance and service contracts to a website is always based on the basis of a contract. This contract includes a minimum term of 12 months and is automatically extended by 12 months if it is not canceled 8 weeks prior to expiration.
§ 4 decrease
1) After preparing the final version of the acceptance of the results is carried out by the contracting authority. The acceptance by an employee of a briefing On-Tec Media. The employee is the client discuss the performed steps with the client and go through individually. A subsequent acceptance report is prepared and signed by the client.
2) The obligations of the On-Tec media addressed only to the tasks and deliverables contained in the order.
§ 5 Documentation
1) In the event of a possible further development work on-Tec Media will create a log and store to ensure the tasks performed. If no further development or maintenance work to be listed in an errand, then the On-Tec Media reserves the right to delete all data to ensure the order after the order. Once the contract is completed. Unless the parties have agreed otherwise.
§ 6 Warranty
1) In the case of the project and the work results completed on-Tec Media will not accept any liability for changes. (Ie, access, browser changes, server changes, as well as operating systems and plug-ins.) Unless otherwise agreed in writing were commissioned by both parties is. A claim for retroactive change does not exist.
2) The On-Tec Media ensures that all projects are completed and results that they are free from defects and fit for use. An insignificant reduction in the value or suitability is not considered. In § 6.1. called technical changes do not constitute defects in the sense of § 6.2.
3) An appropriate warranty was made clear from the statutory provisions.
4) The customer is obligated to investigate those proposed by the On-Tec-media measures (particularly switched advertising material) immediately after their first use or circuit thoroughly and in particular to verify the accuracy. Any concerns or errors immediately to latest within 5 working days. Hidden defects must be reported immediately upon discovery. After this period, the action shall be deemed contractually accepted.
5) If the On-Tec media a legitimate demand of the customer not to repair or if the repair objectively insufficient, the customer is entitled to a period of grace and after fruitless expiry of the grace period to terminate the contract.
6) If a correction of the defect and the impact will be adequate, On-Tec Media will endeavor to rectify the defect and provide an adequate interim solution to remedy the defect.
7) A corresponding claim on the warranty is void if the customer independently or through third persons, without the consent of the On-Tec-media work can be carried out. This refers to all services in connection with the project or job. Exception is a proof that even the defects in question were not caused by him or by the third party changes or failure to care / update actions.
8) In the creation of websites, web sites and databases of the on-Tec Media will only warranty for the technical functionality not for content statements.
§ 7 Rights
1) Until the final payment on-Tec Media reserves the right to property for all deliveries and services rendered in connection with the project. The On-Tec Media reserves the right, in any case of concepts, logos, symbolic representations, graphics and source code. Unless otherwise agreed in writing. As long as the final payment has not been effected may be carried out only with the consent of On-Tec media all changes.
2) The On-Tec Media is the customer acknowledge the unlimited rights to the standing in the contract and results in. If it were otherwise agreed in the contract. This is true for function libraries, screens, workflows, interface elements, basic modules. For licenses of the software On-Tec Media is the authority granting the right for the retransmission.
3) A transfer of licenses from the On-Tec Media to third parties by the customer is excluded. This refers only to the standing contract rights granted hereunder. Exceptions are individual contracts and contract amendments.
4) The research findings and projects may be used by the on-TEC media for the demonstration and demonstration purposes. The only refers to seminars, exhibitions, competitions, fairs and other public events. Unless otherwise agreed in the contract. It will not publish personal information. The On-Tec Media also reserves the right to demonstrate and present client references and results.
5) After completing the work, the results of on-Tec Media will record the results with a copyright notice. The copyright notice must be accepted by the client that way. The client is aware that the removal of a copyright opinion expressed without consent is not legally permissible.
§ 8 third party rights and exemption
1) The agreed in the contract work results are free from rights of third parties by knowledge of On-Tec media, there is also no violation of other rights that limit or exclude a contractual use.
2) If the contract standing in use have a violation of the property rights of third parties, the On-Tec Media the right to amend the contract agreement so that they fall out of the scope of protection. The same applies to contractual provisions, so that the customer has unrestricted use work results.
3) If the principal use materials that infringe the rights of third parties that are necessary to fulfill the order. The client has to ensure that they are free of copyrights and present the corresponding legal rights for the use of work materials. This applies only to the appointed in the contract content. The client provides the On-Tec media from all third party claims relating to the materials, etc. brought by him freely.
4) Should be known violations of third party rights, the contracting parties shall inform each other immediately.
§ 9 On-Tec Media Liability
1) The On-Tec Media occurs when gross negligence is proven by intent only liability. With minor injury and minor damage for slight negligence on-Tec Media shall not be liable. This excludes damage to body and health.
2) The liability of the damage with evidence, gross negligence. The sum of the liability is limited to a maximum of 50% of net remuneration.
3) Slight negligence must be proven by the client and is limited to a maximum liability of 25% of total damage.
4) The client is responsible for securing its data and passwords and any other files responsible. The On-Tec Media shall not be liable in this case for the upcoming damage.
5) The limits of liability shall also apply in the case of partners of On-Tec Media.
6) In the care of websites and creating websites is not liable for On-Tec Media abusive or unlawful use. Also excluded is the liability of on-TEC media for input from users (communities, chat, forums, etc.). The client provides the On-Tec-free media in this respect from all claims of third parties. This also applies to accessibility, availability, storage services. Must have been some of these points should this be otherwise agreed in writing set out in a contract.
§ 10 Liability Originator
1) If improper or illegal use and / or use of the client for all consequences and losses, and damages for the provided services and benefits shall be liable by the client and / or third parties arising. The On-Tec media is from any claims (including legal costs) kept free.
2) The client retains eligibility for the competition, media relations and Privacy Legal admissibility of the results of work underlying or inserted statements, information, data, specifications, etc. of the client is always responsible. The On-Tec Media may consider the above information and the cost of checking the Contractor has charged. For all claims of third parties provided by the client on-Tec-free media. This also relates to the costs of legal defense, infringement of copyright, personal rights or intellectual property rights. Even after the on-Tec Media has acted in spite of the reference to such conflicting rights at the express request of the customer.
3) On-Tec Media may terminate the contract without notice if the Customer violates the law, especially against the copyright laws and the Privacy Act or against the terms and conditions.
§ 11 Addendum
1) For Subsequent changes or additions to be made in written form. Verbal ancillary agreements are not reached between the customer and the on-Tec Media.
2) The terms and conditions of the customer are not part of the contract.
3) If any provision of this Agreement is wholly or partially invalid or lose their validity later, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, the statutory provisions apply.
4) In case of dispute, the jurisdiction Wolfenbüttel. In this always takes place the current law of the Federal Republic of Germany.