Terms of Service

§ 1. General

Folgende Allgemeine Geschäftsbedingungen sind Bestandteil aller Verträge mit Media Load Design Web & Design Kreativeagentur Inhaber: Behruz Abdol Rahim Pour Dunkelberggang 1 30499 Hannover, Deutschland USt-ID DE 32 820 8221 – nachstehend Medialoaddesign Webdesign genannt – Für diese AGB sowie die gesamten Geschäftsbeziehungen zwischen Medialoaddesign Webdesign und dem Auftraggeber gilt das Recht der Bundesrepublik Deutschland als zwingend vereinbart. Abweichende AGB nationaler und internationaler Vertragspartner werden nicht Vertragsbestandteil. Gegenbestätigungen des Vertragspartners unter Hinweis auf seine Geschäfts- bzw. Einkaufsbedingungen ist hiermit ausdrücklich widersprochen.

§ 2 Offer

Offers by Medialoaddesign Webdesign are subject to change and non-binding. All prices are net plus statutory value added tax insofar as it is incurred.

§ 3 contractual agreements

(1) Contractual agreements are only made by post or email. Verbal statements are generally non-binding. By placing the order with Medialoaddesign Webdesign, regardless of which one

of the aforementioned forms, the client accepts these terms and conditions for the duration of the entire business relationship. Internet orders (by e-mail / sending of forms) are binding on the client even without a signature. (2) Subsidiary agreements are only binding if they have been confirmed in the form of letter post or email. (3) Claims to the conclusion of subsequent contracts are not based on this contract.

§ 4 Services, Liability, Compensation for Damages

(1) The service of Medialoaddesign Webdesign is the conception, design, creation and testing of the client's website with all the necessary activities, the provision of storage space, the registration with search engines, if necessary the transfer of the pages to the corresponding server on which the client has storage space and - if expressly agreed - the maintenance of the client's website. (2) The website is created by Medialoaddesign Webdesign according to the client's wishes, which can be changed with appropriate surcharges. Medialoaddesign Webdesign assumes no liability for errors caused by interventions by the client or by third parties. Upon receipt of the homepage, the client has to convince himself that the pages produced by Medialoaddesign Webdesign work under the test conditions specified previously. The client can only extend the liability of Medialoaddesign Webdesign by concluding a corresponding maintenance contract. Medialoaddesign Webdesign assumes no liability for the completeness of the data and that the service is sufficient for a specific purpose pursued by the client. (3) There is only a deadline for completion if this has been expressly agreed beforehand. Medialoaddesign Webdesign is not liable for losses incurred by the client due to a possible delay in the fulfillment of the order. Even with bindingly agreed deadlines, Medialoaddesign Webdesign is not responsible for a delay in the provision of services due to force majeure and events that make Medialoaddesign Webdesign's service significantly more difficult or impossible. Medialoaddesign Webdesign is entitled to postpone the performance for the duration of the handicap plus a reasonable lead time. (4) Medialoaddesign Webdesign is not liable for the availability of certain domain names and excludes liability for the temporary unavailability of the hosted domain. The domain registration and the choice of the provider is carried out by Medialoaddesign Webdesign on request, but this is only a one-time service and excludes any liability on the part of Medialoaddesign Webdesign. For this purpose, the client accepts the terms and conditions of the provider and the NIC / DENIC. Medialoaddesign Webdesign is entitled to demand payment of the provider fee from the client. (5) The registration with search engines is done by Medialoaddesign Webdesign according to best possibilities. Medialoaddesign Webdesign assumes no liability for the unsuccessful success and / or benefit of the registration. Search engine optimization is not owed unless it is contractually agreed. (6) If expressly commissioned, Medialoaddesign Webdesign is liable for ensuring that the client's data is properly transferred to the server of his choice. The client must convince himself of this immediately after completing the order. Liability by Medialoaddesign Webdesign is excluded for all changes that are subsequently made by the client himself or by third parties. If the client already has storage space and / or online access from another provider before the start of the contract

he is solely obliged to check whether the corresponding use (e.g. for commercial activities) is lawful for the respective provider. Medialoaddesign Webdesign is not liable for unauthorized use. (7) If a maintenance contract is expressly concluded with Medialoaddesign Webdesign, he is responsible for checking and updating the client's pages in the appropriate time periods and for eliminating any malfunctions. During the term of the contract, the client is responsible for ensuring that no changes are made by third parties to the pages listed in the maintenance contract.

§ 5 terms of payment and

Retention of title Unless otherwise agreed, all invoices are due immediately without deduction. After a written order confirmation, an advance payment of 1/3 of the order amount is due immediately. A further down payment of 1/3 of the order amount is due after completion of a specified project phase (usually the end of the design phase). Delivered goods and all related rights remain the property of Ngoy Webdesign until the agreed price has been paid in full.

§ 6 Copyright

(1) The copyright for published objects created by Medialoaddesign Webdesign (websites, scripts, programs, graphics, etc.) remains solely with Medialoaddesign Webdesign. Unless otherwise agreed, the client receives the rights to use the objects created with full payment. Duplication or use of such objects in other electronic or printed publications, especially on other websites, is not permitted without the express consent of Medialoaddesign Webdesign. (2) The client provides Medialoaddesign web design of all

Third party claims regarding the data provided. The client is obliged to observe the rights of third parties with regard to the data made available and he must have permission to publish and / or change this data. A check by Medialoaddesign Webdesign does not take place in this regard. The client is obliged to make backup copies of all data that he sends to Medialoaddesign Webdesign - regardless of the form. Medialoaddesign Webdesign is not liable for the loss or change of the data. (3) The client is prohibited from using the services of Medialoaddesign Webdesign for pornographic or other legally inadmissible content. If the client violates this, he loses all rights of use. The client is responsible for providing evidence of the actual harmlessness of the content.

§ 7 delivery time

Delivery dates require express agreement, but are only indicative and not fixed dates. In the case of third-party services, a written date and price promise applies as a non-binding target price / target date and not as a binding promise, since unforeseeable changes in dates and prices can occur. The delivery time is interrupted for the duration of the examination of drafts, demos, test versions etc. by the client. The interruption is counted from the day of the notification of the client until the day of receipt of his statement. If, after the order has been placed, the client requests changes to the order that affect the production time, the delivery time is extended accordingly. In the event of a delay in delivery, the customer must set a reasonable grace period of at least two weeks.

§ 8 Corrections / Acceptance / Complaints

(1) Medialoaddesign Webdesign reserves the right to make changes after the order has been fulfilled, which prove to be technically necessary or appear advisable in terms of better performance and which are reasonable taking into account the interests of the client. If these changes require a further invoice, this will be discussed with the client beforehand. Corrections and changes, insofar as they do not exceed 10% of the pure development costs, are included in the flat-rate offer prices. If this is exceeded, the client must be informed in advance and agreed with him. Requests for changes must be made in the form of post or email. (2) The acceptance takes place with a written approval note. If no detailed written notice of defects is received within 14 days after the project results have been handed over, the project results delivered shall be deemed accepted / approved. Vacation periods do not interrupt these regulations. (3) Complaints must be made immediately after receipt of the work results and will be corrected by Medialoaddesign Webdesign as soon as possible. Unless otherwise agreed in writing, warranty claims expire within 24 months of completion. If the delivery item is defective at the time the warranty expires or if guaranteed properties are missing at this time, Medialoaddesign Webdesign is entitled to make improvements. (4) If the client withdraws from the contract or if the client does not accept the completed website, he is in default of acceptance. In the event of default in acceptance, Medialoaddesign Webdesign is entitled to insist on the fulfillment of the contract or to claim compensation for non-fulfillment as an alternative. As compensation for damages, Medialoaddesign Webdesign 75% can claim the fee on which the order is based from the client. (5) Medialoaddesign Webdesign assumes no liability if incorrect work results are processed further (reproduction,

Printing, copying, etc.), even if the client demands compensation from a third party. The client is obliged to check the delivered goods (drafts, demos, test versions etc.) in any case before further processing, even if proofs and test samples have been made available to him beforehand. (6) Liability and claims for damages are limited to the amount of the order regardless of the legal basis.

§ 9 data security

(1) The client exempts Medialoaddesign Webdesign from all claims by third parties with regard to the data provided. The client is responsible for backing up the data transferred to the server by Medialoaddesign Webdesign and releases Medialoaddesign Webdesign from any obligation to store the created data. Medialoaddesign Webdesign is not liable for violations of the confidentiality of e-mail messages or other transmitted information. (2) Insofar as Medialoaddesign web design uses third parties to provide the services offered, it is entitled to disclose the client data to the third party if this is necessary for the purposes of the contract.

§ 10 Place of performance and jurisdiction

In business dealings with business people and legal entities under public law, the agreed place of jurisdiction for all legal disputes arising from the contract is Bottrop.

§ 11 Effectiveness

Should one or more provisions be or become ineffective, all other provisions shall remain unaffected. The ineffective provision will be replaced by a legally effective provision that has the same meaning. PDF Download (TBD)

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