Terms and conditions
§ 1 Scope
(1) The following terms and conditions apply to all products and services offered on this website. Likewise, they also apply to future contracts, even if they are not expressly agreed again.
(2) We do not recognize deviating terms and conditions unless they have been expressly agreed to in writing. Our General Terms and Conditions shall also apply if we render our services without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
§ 2 Functionality
(1)
On this portal you have the opportunity to quickly and securely pay for various products and services.
(2) Payments can be made using many different payment methods such as bank transfer, credit card, PayPal, cryptocurrencies.
§ 3 Safety
This portal complies with all requirements of the Payment Card Industry Data Security Standard. The security of our servers is regularly audited by independent auditors. All transaction data such as credit card data and account information is transmitted, processed and stored in encrypted form so that even our employees cannot access it.
§ 4 Rights and obligations of the provider
(1) The service obligations of the provider result from the service description of the respective product. Other commitments, promises of performance or ancillary agreements are only effective if they are confirmed in writing by the provider.
(2) The provider is entitled to expand its services, adapt them to technical progress and/or make improvements. This applies in particular if the adjustment appears necessary to prevent misuse or if the provider is obliged to adjust the service due to legal regulations.
(3) If the Provider makes additional services available without additional charge, the Customer shall have no claim to performance of such services. The Provider shall be entitled to discontinue such services previously provided free of charge within a reasonable period of time, to change them or to offer them only against payment. In such a case, the Provider shall inform the Customer in due time.
(4) The Provider is only obligated to provide technical support to the Customer within the scope of what has been contractually agreed. Beyond that, the Provider shall not grant the Customer any support services free of charge. The Provider shall not provide direct support to the Customer's customers unless otherwise agreed in writing.
§ 5 Duties of the customer
(1) The customer assures that the information provided by him is correct and complete. The Customer undertakes to inform the Provider without delay of any changes to the contact details provided and of any other data required for the performance of the contract.
(2)
The Customer undertakes to refrain from any activities that lead to excessive loads on the Provider's servers. In particular, he shall use the services provided to him properly and shall not make any automated accesses unless this is explicitly provided for.
(3) The customer undertakes to refrain from any improper use of his customer account and the products. In the event that the products are used improperly, the provider is entitled to immediately stop providing the service and to block the customer account. In this case the customer will be informed as soon as possible.
§ 6 Conclusion of contract, term of contract, termination
(1) The contract is concluded by acceptance of the contract offer of the customer on the part of the provider, at the earliest, however, with the payment of the fee by the customer. The acceptance is either expressly declared or is to be seen in the beginning of the execution of the service by the provider.
(2) In principle, no minimum contract terms with the obligation to make recurring payments apply. The terms of a product result from the respective service description from the product and order overview. Minimum contract terms can be agreed individually in writing if required.
(3) Product subscriptions are automatically extended 3 days before expiration. The renewal can be deactivated in the license management of the customer account until the renewal day.
(4) The right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist for the Provider in particular if the Customer (a) defaults on payment of the fees for the automatic product extension; (b) breaches a material contractual obligation and the Customer fails to remedy the situation within a reasonable period of time despite a warning.
(5) After the cancellation of a product, the associated customer data will remain on our server for at least 3 months. After this period, we reserve the right to irrevocably delete all associated data.
§ 7 Prices and payment
(1) Usage-independent charges are due and payable in advance for the respective contract term, unless a different billing period has been agreed with the customer. Usage-dependent charges are due and payable at the end of the respective billing period. All charges shall be based on the prices agreed with the customer in each case for this purpose.
(2) In case of payment via Paypal, the corresponding conditions of Paypal shall apply in addition to these Terms and Conditions. The customer authorizes the provider in this case to collect the respective invoice amount from his Paypal account.
(3) In the event of default in payment, the Provider shall be entitled to charge reasonable and legally permissible default interest. In addition, the provider is entitled to charge reasonable reminder fees as reimbursement of costs for payment reminders.
(4) The Provider will provide an electronic invoice in the online customer account. The customer agrees to this. If the customer requests that an invoice shall be sent by post, the provider may charge a reasonable fee for printing and postage per invoice.
(5) The temporary blocking or temporary failure of services shall not affect the customer's obligation to pay.
(6) The customer may only offset claims of the provider against undisputed or legally established counterclaims. This does not apply to warranty claims of the customer, provided that these are set off against the payment claim of the provider.
§ 8 Warranty
(1) The Customer shall notify the Provider of any defects without undue delay and support the Provider in remedying the defects to the extent possible and reasonable.
(2) The Provider points out that it is not possible to create hardware and software in such a way that it works error-free in all combinations of applications. The Provider does not warrant that hardware and software used or provided by the Provider will meet the Customer's requirements, will be suitable for particular applications, and further that it will be crash and error free. The Provider warrants to the Customer only that hardware and software used or provided by the Provider will function substantially in accordance with the manufacturer's performance specifications at the time of transfer, under normal operating conditions and with normal maintenance.
(3) The provider guarantees a 99% annual accessibility and availability of the software and the offered products. Downtimes caused by third parties or by force majeure over which the provider has no control are not included in this.
§ 9 Liability
(1) The provider is liable only in accordance with the following provisions.
(2)
The provider is liable for intent and gross negligence in accordance with the statutory provisions.
(3) In the event of slight negligence, the Provider shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the Customer may regularly rely. In these cases, the provider is only liable to the amount of the foreseeable, contract-typical damage.
(4) In cases of slight negligence, liability for all other damages, in particular consequential damages, indirect damages or lost profits, is excluded.
(5) Insofar as the liability of the Provider is excluded or limited, this shall also apply to the liability of the employees, other staff, representatives and vicarious agents of the Provider.
§ 10 Payment and reimbursement
(1) The customer can use one of the payment methods offered by us for payment. In case of payment by direct debit, the customer has to ensure sufficient coverage of his bank account.
(2) In the event that a direct debit or credit card payment is reversed without justification, the customer shall reimburse us for any fees incurred in this regard in the amount of € 25,- per reversal.
(3) Should a booking have been made unjustifiably or due to card misuse, the provider will immediately arrange a chargeback.
§ 11 Withdrawal from the contract
(1) The customer has the right to withdraw from the contract without giving any reason within 14 days from the date of the order and demand a refund of the payment before the activation of the corresponding license.
(2) The payment will be refunded to the same payment method used for the original payment. If a refund to this payment method is technically not possible, we will refund the amount to another payment method, which has to be issued on the same name as the original payment method.
§ 12 Applicable law, place of jurisdiction
(1) The law of the United Kingdom (UK) shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) London is the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship. The provider is furthermore entitled to sue the customer at his general place of jurisdiction.
§ 13 Miscellaneous
(1) All information and statements of the Provider may be addressed to the Customer electronically, in particular via e-mail to the e-mail address provided by the Customer.
(2) Should any provision of the contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision. The same shall apply in the event of a gap in the contract.
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