The following General Terms and Conditions (GTC) regulate the contractual conditions under which Internetactive GmbH offers its services.
These GTC are part of the contract and apply to the present order as well as to future business between Internetactive and the customer. They are accepted by the customer in their entirety in the version valid at the time of the conclusion of the transaction.
- Any regulations deviating from these terms and conditions, in particular also the customer’s terms and conditions, are hereby contradicted.
- German law shall apply exclusively. The application of the laws and conventions of the international sales law (CISG) is excluded.
- Ancillary agreements to these GTC must be in writing to be effective.
- If for any reason individual provisions of these GTC are invalid, the validity of the remaining provisions shall not be affected.
2 Offer and conclusion of contract
- The customer has received an offer based on the individual requirements. He can accept this offer by sending an email feedback.
- The customer shall pay a deposit in the amount of 50% of the order total.
- Internetactive confirms the offer request and starts implementing the requested service.
- A verbal promise is not sufficient for the conclusion of a contract, unless we perform the service
- Subsidiary agreements are only effective if they have been confirmed by us in writing.
3 Our services and the customer’s duty to cooperate
- Internetactive creates and builds technically and visually sophisticated online stores and websites. The nature and scope of these services shall be governed by the agreed service description and any other written agreements between the contracting parties.
- The details of the possible components of our activity can be found in our offer or the online presence of the respective business units.
- Subsequent change requests by the customer, which are not part of the ordered service, must be paid for separately by the customer.
- The customer provides Internetactive with all content to be used in the homepage. Timely data delivery is the basis for the fulfillment of this contract.
- The provision of the delivered material is in electronic form.
- Texts in Word or common text editing formats
- Images in sufficiently high resolution, as jpg.
- Logo as cropped .eps or open file
- As far as texts are not available in Word or common word processing formats as well as images are not available in digital form – in sufficiently high resolution, as .jpg, logo as detached .eps or open file – we can also be of assistance here, there are additional costs according to effort. If desired, we can also research images for the design of the website from image databases, here too additional costs arise according to effort and costs for the images themselves.
- If the customer has additional requests beyond the offer, the additional effort will be charged separately according to the hourly rate.
- The creation of the online store can be viewed and controlled by the customer at any time via a staging address.
- After completion of the online store and notification of Internetactive to the customer, the customer is obliged to immediately accept the contractual service and may not refuse it for creative-artistic reasons. There is freedom of design within the scope of the order.
- If any deficiencies are found on the website, Internetactive will correct them in a timely manner.
- Successful elimination of defects is considered as final acceptance. If the customer discovers further defects afterwards, they will be invoiced separately.
- The services rendered shall be deemed to have been accepted in accordance with the contract without express declaration and shall be invoiced if the customer does not submit a declaration of acceptance within 10 working days after notification of completion (also in electronic form) and does not otherwise make any comments.
- After successful final acceptance, the page is transferred from the staging server to the server at the client’s site. A final acceptance also exists automatically when the customer orders the final online connection.
5 Prices and terms of payment
- The respective valid prices and conditions result from the offer.
- The contractual remuneration shall in each case be stated in euros plus value-added tax at the legally applicable rate.
- The invoice amount is due upon issuance of the invoice. Each invoice shall be paid by the customer without deduction immediately upon receipt by bank transfer to the account specified in the invoice. This also applies to subscription billing, which is usually monthly.
- 50% of the order amount is due when the order is placed. The remaining 50% is due upon final acceptance and before the final online connection.
- In the event of default in payment by the customer, we shall be entitled to charge default interest at the statutory rate. We reserve the right to assert further damages. Furthermore, Internetactive is entitled to put the online store offline until payment is made.
- Any notice of termination must be in writing (letter, fax or e-mail). Partial terminations are permissible insofar as they concern a complete service phase.
- If the customer is responsible for the reason for termination, we shall be entitled to the agreed remuneration less any deductions. expenses saved. The parties reserve the right to prove lower or higher saved expenses. Further claims of the customer are excluded.
- Subscription services can be cancelled at any time after the minimum term has expired without giving reasons with a notice period of 4 weeks to the end of a month.
- The right to extraordinary termination remains unaffected.
7 Granting of rights of use, condition precedent and log-in data
- Unless otherwise agreed, we grant the customer all rights of use to the work result created by us. This also applies in the event that our services are protected by copyright. The customer thereby becomes the exclusive owner of the rights, although we remain entitled to self-promote the results of the work (cf. Section 10 of these GTC).
- In this context, the granting of the rights of use mentioned in 7. (1) to the Customer shall be subject to the condition precedent that the Customer pays the invoices resulting from the respective order in full.
- The customer will receive the log-in data from us for further use and maintenance of the website created by us as soon as the invoices resulting from the respective order have been paid in full.
8 Protection of third party rights, responsibility of the customer
- We are not responsible for checking the extent to which the content provided to us by the customer (texts, images, videos, etc.) violate copyrights, trademark rights, personal rights and/or other rights of third parties when placed on the Internet.
- The customer is therefore solely responsible for acquiring any necessary rights of use and other consents from the rights holders of such content.
9 Declaration of indemnification and liability of the customer
- The customer hereby indemnifies us against all claims and demands of any kind whatsoever asserted against us by third parties on account of the content made available to us by the customer. This includes the reasonable costs of legal defense and court costs.
- The customer is therefore also liable to us for all content posted by him if it violates legal provisions.
10 Use of the order results for self-promotion, name of the customer as reference
We are entitled to use the work results created within the scope of the order for self-promotion.
11 Our liability and limitation of liability
Our liability, regardless of the legal grounds, is limited to intent and gross negligence. These limitations of liability shall also apply to breaches of duty by our legal representatives or our vicarious agents.
The limitations of liability do not apply
- a) in case of personal injury (injury to life, body or health);
- b) in the event of damage caused by the absence of a quality which we have guaranteed;
- c) in the event of a breach of cardinal obligations (essential contractual obligations). This includes damage caused by us through simple negligent breach of such contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies and may rely. However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable.
12 External services, third-party providers
If external services are used for the website (e.g. GoogleMaps, web hosting, etc.), the rights of use of the external service providers apply without restriction. Internetactive appears here only as a vicarious agent.
13 Data protection
The customer agrees to the collection, storage and processing of his personal data to the extent necessary for the performance of this contract. This also applies to the settlement of remuneration.
14 Place of performance and jurisdiction
- The place of performance with customers who are to be regarded as entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) is Offenbach am Main.
- If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the place of jurisdiction shall be Offenbach am Main. Otherwise, the place of jurisdiction shall be determined in accordance with the general statutory provisions.