General terms and Conditions
As of: 1.1.2017
1 Scope of application
WebQuantum GmbH provides services in the field of online marketing. These services are provided under the validity of these General Terms and Conditions in the version valid at the time the contract was concluded.
These General Terms and Conditions shall also remain valid for all future business relationships that WebQuantum GmbH enters into with the customer in the area of online marketing, even without express renewed agreement.
2 Conclusion of contract and contract amendments
The contract between WebQuantum GmbH and the customer is only concluded if the contract is concluded in text form or if an offer submitted by WebQuantum is accepted by the customer in text form. Contract amendments and contract supplements always require text form.
3 Duration and termination
The contract begins with the legally binding signature of the order. With regard to the duration and period of notice as well as the automatic renewal of the contract, the conditions stipulated in the contract shall apply. If not available, the term is automatically extended by another 2 months, if not terminated with a notice period of 1 month to the end of the term.
4 Prices and terms of payment
All prices are exclusive of the statutory value added tax.
The current prices exclusively include the services that have been expressly stipulated in the contract documents. All additional services which are not expressly the subject of the agreed services must be remunerated separately. Among other things, the insertion of texts and data into the website as well as the telephone or personal support for questions as soon as this exceeds the times agreed in the contract must be mentioned here. Here the remuneration takes place after expenditure.
The agreed services must be paid monthly in advance, at the latest by the 10th of the respective month.
5 Type and scope of services
The type and scope of services provided by WebQuantum GmbH shall be determined exclusively in accordance with the service description contained in the contractual documents pursuant to §2. All additional services that are not specified in the contract documents must be remunerated separately.
The right of termination for good cause (§ 314 para.1 BGB) remains unaffected for both parties.
WebQuantum GmbH has an important reason for terminating the contract, in particular, if the customer sustainably violates its obligations according to § 4 of these General Terms and Conditions or if the customer does not settle due invoices despite reminder and setting a deadline. WebQuantum GmbH reserves the right to terminate the contract without notice if it is determined during the processing of the website/websites specified by the customer that they contain pornographic or illegal content or hints. The notice of termination must be submitted in writing.
6 Achievement of objectives
The achievable goals predicted by WebQuantum GmbH can be achieved within the specified period, but no guarantee can be given for this. Many external factors, over which WebQuantum GmbH has no influence, contribute to the achievement of the goal, so that no guarantee can be given for the final results.
The customer gives his consent that WebQuantum GmbH may name or describe himself as well as the project for advertising purposes for his own company to an appropriate extent. In addition, he agrees that the corresponding reference information may be provided.
8 Warranty and liability
A liability of the service provider for damages caused by unauthorized interventions of third parties is excluded.
The provider is liable for defects in his services in accordance with the statutory provisions.
The provider is not responsible for the content provided by the customer. In particular, the provider is not obliged to check the content for possible violations of the law. Should third parties claim against the provider due to possible violations of the law resulting from the contents of the website, the customer undertakes to indemnify the provider from any liability and to reimburse the provider for the costs incurred due to the possible violation of the law.
In the event of slight negligence, the provider shall only be liable in the event of breach of material contractual obligations (cardinal obligations) as well as in the event of personal injury and in accordance with the Product Liability Act. In all other respects, the pre-contractual, contractual and non-contractual liability of the provider is limited to intent and gross negligence, whereby the limitation of liability also applies in the event of the fault of a vicarious agent of the provider.
The customer shall ensure that the data processing equipment and data stocks available at its premises comply with the requirements of the applicable data protection laws and regulations. This applies in particular insofar as the collection, processing, modification, transmission and deletion of data or databases are concerned.
The service provider undertakes not to violate data protection regulations within the scope of his contractual services. He shall have all persons commissioned by him sign a declaration of obligation in accordance with § 53 (BDSG-N) and Art. 28 Para. 3 lit. b) (DSGVO) and shall oblige these persons to maintain secrecy. The service provider agrees the procedure within the scope of his activity with the data protection officer of the client.
Both parties shall maintain secrecy with regard to all business and operational matters of which they become aware and shall treat all information in connection with the performance of this contract as strictly confidential even after its expiration.
10 Final provisions
Amendments and supplements to this contract must be made in writing in order to be effective.
The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions. The parties undertake to replace an ineffective provision with a valid agreement whose economic success corresponds as closely as possible to that of the ineffective provision.
11 Place of jurisdiction
Place of jurisdiction for all disputes arising from this contract is the registered office of WebQuantum, thus Fulda in Hesse.