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Terms of Service

  1. Gerneral
    • The following terms and conditions are part of all deliveries, services and offers of the Marciniak Online Service.
    • Foreign contract conditions apply only, as far as these GTC correspond. Other regulations are only valid if These will be confirmed by us in writing.
    • Should an ineffective provision be contained in these conditions, all other nonetheless apply. The ineffective regulation is through to replace an effective one for the economic purpose of is closest to the relevant formulation.
    • We are always entitled to these Terms and Conditions including all facilities such as conditions of use and Service descriptions with a reasonable Announcement period to amend or supplement.
    • The customer does not contradict the changed conditions within four weeks of receipt of the Change notification so these are according to the Announcement effective. Contradicts the customer In due time, we are entitled to terminate the contract To terminate the time at which the changed Conditions are to come into force.

  2. Offers
    • Our offers are non-binding and subject to change.
    • An order placed by the customer is binding. A contract with the customer comes only with a written order confirmation conditions. The sending of an invoice or delivery of ordered goods is equal to an order confirmation. Amendments supplements and additional agreements must be made in writing.
    • The nature and extent of the service owed result from ours offer or the agreed, written service description.

  3. Prices, terms of payment
    • All invoices are payable immediately upon receipt due.
    • When paying by direct debit, the customer must ensure that that his account has sufficient coverage. Partial redemptions of direct debits are not made. A return debit leads to that the customer is in default of payment, the costs of the return debit are of to carry customers.
    • If the total remuneration of a project exceeds € 5.000,- Marciniak Online Service is entitled to a down payment in the amount of 40% when placing the order. A second installment of 40% will be due upon delivery of the service remaining 20% ​​after acceptance by the customer.
    • Prices and license fees are more timely offer acceptance from the offer of the Marciniak Online Service, otherwise at the price list valid at the time of order acceptance.
    • If a fixed price has been agreed for a project and follows suit creating the detailed plan out that the original scope is exceeded by more than 15%, we can do one demand appropriate adjustment of prices.
    • We can provide services and expenses weekly invoice.
    • Checks are accepted for payment only. At exceeding of payment terms we are also without reminder entitled, default interest acc. § 288 BGB.
    • Our internet offers are subject to a restriction regarding data transfer and storage space. In the event that the Restrictions are exceeded, we are entitled to demand a reasonable advance.
    • If the customer is in arrears with payments due, so we are entitled to deny the access the internet presence until the receipt of all outstanding amounts, even without immediate warning. Is the customer more than 30 days with a payment in arrears, we are entitled to the domains to be recycled or deleted at the competent registrar.
    • If the customer is in arrears with payments, we are entitled to withhold our service until all outstanding amounts have been received.
    • Offsetting of the customer is only permitted if expressly stated have approved the claims legally or undisputed. Furthermore, offsetting is only within the same contractual relationship.
    • We are entitled to services and deliveries only against payment in advance if there are facts that give reason to believe that our claim to payment appears endangered.

  4. Data Security
    • By placing an order, the customer confirms binding, a suitable data backup made available to us for service work computer systems. Should be a restoration of the data required, the customer will carry it out at their own expense.
    • Marciniak Online Service assumes no liability for data loss, arising from the fact that the customer has no or incomplete or unsecured backup.
    • The customer provides us with all claims of third parties as to the data provided.
    • As far as data is transmitted to us - in whatever form - the customer makes backup copies. Our servers will be secured regularly. In the case of one data loss is the customer's obligation to the relevant data once again free of charge to us to transfer.
    • The customer receives a user ID for the care of his offer and a password. He is obliged to treat this confidentially, and is liable for any misuse resulting from an unauthorized use of the password results.
    • The customer is aware that for all participants in the transmission path is possible transmitted listening to data, the customer accepts this risk.

  5. Service description Internet presence, termination
    • With the acceptance of the order and the allocation of storage space and password comes a contract on the use of our Service.
    • This license agreement is made in accordance with the applicable price list settled, price increases during the duration of advance payments are excluded.
    • The customer may of an actual allocation of the domain name only go out if this is confirmed by us. Any liability and warranty for the allocation of the ordered domain name is excluded.
    • The contract is from the customer at the end of the current month with a termable within 5 working days. Customer pre-payments will be refunded.
      The refund does not include fees for the domain registration as well as the installation fees of the requested accounts.
    • Domains always become our customers registered, the customer remains even after the termination owner of the domain. If the customer after the termination would like to use its domains with another Provider (Domainmove or KK), Marciniak Online Service is only after compensation of all obligation to release the domains.
    • In case of technical problems, a continuation not allow this contract, we are entitled to parts or cancel the entire contract without notice, it was because, we are intent or gross negligence load. Customer's pre-payments will be made refunded in this case.
    • There is no right to liability for indirect damages and consequential damages as well as lost profits.

  6. Contents of websites
    • With the transmission of the web pages the customer puts us of any liability for the content freely and assures, no to convey material to third parties in their rights injured.
    • A use for erotic offers and similar content is prohibited.
    • The customer already agrees to that we can block access for the case that claims of third parties are raised for omission or the customer is not unequivocally the owner of the published documents or programs is.
    • In case the customer publishes content, who are likely to hurt third parties in their honor, persons or to offend or vilify groups of people we are authorized to immediately block access to the entire offer, even if an actual legal claim is not given should be.
    • The same applies if content according to the general sense of justice could violate applicable law of the FRG.
    • It is up to the customer, however, to prove the actual harmlessness of the contents. Is this provided, the offer will be unlocked again.
    • Should the contents of the website violate applicable law or te good manners offend, so the customer is liable for all the direct and indirect resulting from this damage.
    • We do not guarantee the correct reproduction the customer's web pages, unless we fall intent or gross negligence on the load.
    • For indirect and consequential damages as well as for loss of profit, we are only liable for intent and up to one Maximum amount of € 250.00.

  7. Reservation of title
    • All goods delivered by us remain up to full payment of our property. A pledge or transfer of ownership under retention of title goods are not allowed.
    • In commercial traffic, we keep to the entrance of all payments from the ongoing business relationship with the customer Property before. The customer is allowed to use the goods in the proper manner to resell business traffic, except that he is in default of payment.
    • Our retention of title expires on the delivered goods, because these processed, transformed or inseparably mixed with foreign goods, so we acquire the co-ownership of the new goods in proportion to the value of the goods delivered by us to the foreign goods.
    • The from the resale or other legal reason regarding of the reserved goods or goods under co-ownership the customer already claims in full or in the scope of co-ownership as a precaution to us.

  8. Warranty, liability, notice of defects
    • The warranty period is twenty-four months and begins with the day of receipt of the goods.
    • If the delivered goods are defective, warranted properties are missing or if manufacturing or material defects appears, they are ours within 10 days of their discovery in writing. We provide replacement or repair at our discretion.
    • To claim warranty claims, the customer us the goods if possible in original packaging, at least but properly packed with a precise description of the fault to send.
    • A two-time delivery or remedy is permitted
    • Do replacement deliveries or reworks not lead to success or are these not acceptable to the customer, so the customer reduction of the purchase price or change demand.
    • The warranty claims are only for the immediate buyer, an assignment to third parties is not possible.
    • Immediate transport damage is immediate from the freight forwarder to be confirmed in writing or within 24 hours to inform the forwarding company in writing, concealed transport damage within a week.
    • Become the goods by the buyer or third parties improved so all warranties gone out
    • If defects occur due to improper or improper use, faulty installation or commissioning by the customer or third, faulty or negligent treatment, natural wear, environmental, chemical, electrochemical or electrical influences, unauthorized or improper interventions by the customer or third parties as well as foreign exchange or extension parts warranty claims are excluded, provided that no fault of ours.
    • If the goods sent by the customer are faultless, then we are entitled to charge the expenses for checking the goods billing customers according to the applicable price list.
    • Our liability is limited to the delivered goods. further liability claims, especially for consequential damages and lost profits are excluded, unless they are due to the absence assured properties and assurances to customers should protect against such damage.
    • The disclaimer does not apply to intent or gross negligence.

  9. Software
    • For standard software, our terms of business apply only subordinate to those enclosed with the data carrier conditions of the software manufacturer, for the customer's knowledge sufficient to conclude the contract by submitting the conditions opportunity is given.
    • Features of standard software can only be used in accordance with information from the software manufacturer to be assured.
    • The customer receives the right to use individual and standard software for the intended tasks in the scope of to use the granted user rights.
    • Unless otherwise agreed, all copyrights remain with us on the software created by us.
    • The customer may only reproduce the software, as far as this is absolutely necessary for use and data backup. This includes the loading into the main memory as well as the installation on exactly one mass storage. If a backup the entire system (data and software) for immediate reactivation of a system is inevitable after a failure, so is the customer is entitled to these backups in the unconditional necessary number to create. The data carriers are correspondingly to identify and prevent installation on third-party systems.
    • The customer is not entitled to use the software we have created change, expand, disassemble or under your own name resell, unless otherwise agreed.
    • We assume no liability for the accuracy of the software. In particular, we assume no liability for that the software meets the requirements and purposes of the customer enough.
    • We are liable only for the lack of assured features of software created by us, a software description or presentation, e.g. in a booklet, is no assurance in this sense.
    • For any damage caused by the use of our software arise, in particular for consequential damages and lost profit, we are liable only if the damage by intent or gross negligence arises through us.

  10. Testing and Demonstration Services
    • Goods supplied for testing and demonstration purposes property of Marciniak Online Service and on request to return at any time.
    • The goods may only be used to the agreed extent and are to be treated with care. In the case of one above average wear, we reserve the calculation a reasonable usage fee.

  11. Settlement of disputes
    • We are not obliged to participate in a dispute resolution procedure and do not take part in a dispute resolution procedure Consumer arbitration board.

  12. Data privacy
    • The customer agrees that his data through us in electronic and other forms are stored and processed as far as this is concerned necessary for business operations.
    • The customer agrees that his data, as far as this for the fulfillment of the client's orders is necessary to our business partners are disclosed and there in electronic and other forms are stored and processed, e.g. to register a domain name with the customer.
    • Any other transfer or processing of the data we do not do it.

  13. Place of Performance, Jurisdiction
    Jurisdiction and place of performance for all Services is Dortmund.
© 1998-2019 Marciniak Online Service
Version: January 2017