The terms and conditions
(1) All services of the FramoTec be made solely on the basis of these General terms and conditions. These are part of all (future) contracts FramoTec with its customers.
(2) the terms and conditions of the customer or third parties shall not apply, even if FramoTec their validity in individual cases separately.
section 2 offer and conclusion of contract
(1) All offers of FramoTec are subject to change and without obligation unless they are expressly marked as binding or contain a certain acceptance period. Can accept orders FramoTec within fourteen days after receipt.
(2) the sole authoritative document for the legal relations between FramoTec and customer of the contract concluded in writing including these General terms and conditions. This reflects all agreements between the parties regarding the subject matter.
section 3 prices and payment
(1) at the time of placing an order with the client individually agreed prices (excl. VAT) for the one-time setup fee and monthly processing fees.
(2) The establishment fee is payable upon issue of invoice, the monthly processing fees in advance to the beginning of the month. The fees are collected by FramoTec by direct debit or credit card of the customer will be debited, unless individually otherwise agreed. If the customer is with two monthly charges in arrears, for the entire term of the contract to be incurred for the processing fees immediately due and payable.
(3) offsetting against counterclaims of the customer or retention of payments due to such claims is only permitted insofar as the counterclaims are undisputed or legally binding.
(4) Change of company name, address, Bank details, etc. shall notify the customer FramoTec immediately in writing. The holder of the contract website changes or is sold, the customer is obliged, nevertheless, until the expiration of the term of the contract to the payment of the agreed fees. A special right of termination by the customer does not exist in this case.
section 4
(1) The FramoTec to the customer services to be provided in writing. Prerequisite for this is that FramoTec can provide the agreed services, the provision of all relevant data by the customer. In particular, this includes: keywords, keyword combinations, texts, as well as the access data for the web space of the homepage operator.
(2) The customer is aware that a placement of the website in the search engines is solely at the discretion of the respective search engine operators, and a placement at any time can change. A guarantee of a placement will not be accepted, therefore, FramoTec. Also not the customer is aware, that the publication or deletion of a web page solely in the discretion of the respective search engine operators. In the case of a non-publication or deletion of the customer's web site by one or more search engines, no refund, the customer's claim is, therefore, to FramoTec.
(3) FramoTec is entitled to entrust subcontractors with the performance of individual or all contractual obligations.
(4) rights and obligations arising from the contract with FramoTec the customer may only then be transferred to a third party, if FramoTec this Transfer has been previously agreed to in writing.
(5) The customer shall indemnify FramoTec from all claims of third parties with regard to the data provided. FramoTec is not for data backup on the Server / Account files stored responsible. To the extent that data are transmitted to the Server / Account, the customer for security copies to be responsible.
section 5 warranty
(1) The warranty period is one year. Defects must be reported immediately in writing to.
(2) To withdraw from the contract, the customer is only entitled, if FramoTec can't fix the defect after a grace period of four weeks. Claims for damages FramoTec shall be liable only in accordance with section 7.
(3) From the warranty are defects caused by operator error, Trojan horses, computer viruses, computer worms, or other unauthorized access by third parties (e.g. via the Internet) are excluded. Similarly, the warranty is excluded for defects caused by Alterations, additions, repairs, etc., were not carried out by FramoTec.
(4) FramoTec is not obliged to check the information provided by the customer on its existing computer System or proposed Hardware enhancements/ Modifications for accuracy. For defects which arise due to inaccurate information provided by the customer, the warranty is excluded.
section 6 of the protection of the rights of third parties
on the Part of FramoTec there is no obligation to audit or to Monitor whether the websites of the customers and their content will not infringe rights of third parties, or the policies of the respective search engine operators disagree. This obligation is solely up to the customer who shall be liable also for possible claims of third parties. The customer is also responsible that the delivered by him or selected information (search terms, Keywords, etc.) are legally permissible, and not the rights of third-parties injured.
section 7 liability
(1) the liability of The FramoTec for damages due to consequential damage or lost profits, to the extent permitted by law, excluded. Similarly, the liability of the FramoTec for data losses in cases where the customer has failed to perform a backup.
(2) In all Other respects shall not be liable FramoTec not in the case of simple negligence to the extent that it is a violation of essential contractual obligations (cardinal obligation). In the case of negligent breach of a cardinal obligation, the liability of FramoTec on the conclusion of the contract typically foreseeable damage is limited.
section 8 property and copyright, secrecy
(1) FramoTec reserves the right of ownership and copyright to all Offers and cost estimates as well as all the client programs provided, illustrations, calculations, brochures, analysis, access, lists, examples, references, passwords, and other documents and tools. The customer may make the Software and documentation without the Express consent of FramoTec, either as such content to third parties, disclose them, or by third parties or reproduce. The customer must at the Request of FramoTec these items completely and destroy any copies when they are no longer needed by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.
(2) The customer is obligated, during the term of the contract and two years after its termination, all known business and secrets, as well as contract operation keep terms and conditions confidential, unless these are already generally known.
section 9 data protection
(1) The customer agrees that FramoTec store data about its Person, change, delete, and - if necessary for contract performance to third parties
(2) The customer declares his consent as a reference to a customer on published media of the FramoTec. This consent may be revoked at any time.
section 10 termination of the contract
(1) The contract is agreed with an individual agreed minimum term. He extended for a further year after the expiry of the minimum term, unless one of the parties terminates the contract one month before the expiry of the minimum term.
(2) notices of a contractual partner shall require the written form.
(3) In the case of termination of the contract, the customer is obliged to delete all FramoTec created files immediately. Files that are in the case of termination of the contract on the Server from FramoTec, it can use for its own purposes.
§ 11 final provisions
(1) additions and/or Amendments to the agreements made including these General terms and conditions require the written form.
(2) place of jurisdiction is Ranstadt is the place of performance, unless there are mandatory statutory provisions to the contrary,. The law of the Federal Republic of Germany.