Terms of Service
- 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.
- 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.
- Prices, terms of payment
- All invoices are payable immediately upon receipt
- 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
- 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.
- 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
- 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
- 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.
- 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
- 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
- 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.
- 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
- 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
- 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
- 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.
- 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.
- 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
- 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
- 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
- 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.
- 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.
- 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.
- 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.
- Place of Performance, Jurisdiction
Jurisdiction and place of performance for all
Services is Dortmund.
© 1998-2019 Marciniak Online Service
Version: January 2017