Terms and conditions
From city-map Internet Marketing AG
Called in the following city-map.
§ 1 Conclusion of the contract
The terms and conditions below apply to all contracts concluded between the customer and city-map for the services and services offered by city-map. They also apply to all future business relationships, even if they are not explicitly agreed upon again. Different terms and conditions of the customer, which city-map does not explicitly acknowledge, are non-binding for city-map, even if city-map does not explicitly contradict them. The following terms and conditions also apply if city-map executes the customer’s order unreservedly, in the knowledge of conflicting or deviant terms and conditions of the customer.
city-map’s offer is remaining. The contract of use for the services, services and systems offered by city-map is concluded with city-map only after the confirmation of the contract by city-map.
To the extent that city-map offers free services or services and/or provides services, the customer will not be able to use them until city-map has provided for registration to the extent offered by city-map to the extent offered by city-map.
§ 2 Scope of services
- The scope of city-map’s services is determined by city-map’s terms and conditions, system descriptions, terms of use and the individual information related to this on behalf. The contents of the internet presentation are provided by the customer and confirmed as accepted by the customer with payment of the final invoice.
- city-map’s web hosting services for presentations on the Internet are delivered worldwide on the basis of the data transmission channels available on the Internet.
- city-map reserves the right to extend, modify and make improvements to services. To the extent that city-map provides free services and services, this is done without a customer’s entitlement to their provision. city-map is therefore entitled to change or discontinue them at any time and without notice at its discretion. This does not result in any claims for reimbursement or compensation from the customer.
- city-map reserves the right to change prices in the current services and services. city-map will inform the customer in writing about price changes. However, a price change will not be applied to the contract until after a full contract year has expired. In the event of a price change of more than 5, the customer is entitled to terminate the contract properly within one month of the announcement of the price increase at the next possible termination date. A termination requires the form of text. In order to meet the deadline, the receipt of the termination at city-map is decisive. If the customer cancels the contract due to a price increase, the contract will still be processed on the basis of the prices applicable up to the increase.
- If the customer’s contractor is a franchisee of the city-map franchise system and the franchisee is removed from the city-map franchise system, the franchisee has a right to choose whether to provide the previous services related to the city-map system for the Customers themselves offer and continue or this contract is continued by city-map Internetmarketing AG with regard to the city-map products and services due to lack of continuation. In the event of the continuation of the contract by city-map Internetmarketing AG, it shall assume the contractual obligations associated with the conclusion of the contract with regard to city-map products and services to the customer, insofar as the customer Contract execution by city-map Internetmarketing AG does not contradict him within a period of one month after receipt of a corresponding written communication.
§ 3 Customer obligations
The customer is obliged to use the city-map services appropriately. He has, in particular,
- keep passed passwords secret;
- city-map to report identifiable defects or disturbances immediately;
- to comply with data protection and copyright regulations and other industrial property rights relating to the content of the presentation and application of the data received;
- not to include content with legally prohibited content.
§ 4 Copyright
- Copyright occurs automatically with the creation of a web project. The web project includes: Text developed by city-map, software, images, photos, graphics, movies, music, sound and the source code of the booked functions. Copyright is not transferable to the customer.
- The non-exclusive, non-transferable and temporary rights of use on the web project will be transferred to the customer for the duration of the contract.
- The source code remains the property of city-map even after the end of the contract and is non-transferable. Relevant, transferable but not exclusive rights of use for texts, images, photos, graphics, films, music and sound can be purchased by the customer for a one-off payment amounting to 25 of the value of the order, provided that all Notes (in particular copyright and meta-references) to the author city-map.
§ 5 Termination of the contract
The contractual relationship lasts at least one year. The duration of the contract is calculated from the date of the last invoice made to the customer by city-map. Performance extensions in the current year of the contract lead to a new year of the contract. The contractual relationship is also extended by one more year each if it is not terminated as below. The contractual relationship may be terminated by both parties at the end of each contract year, calculated from the date of the last invoice. The notice of termination must be sent in writing to the termination receiver at least 4 weeks before the date on which it is to take effect. Other notice periods require written confirmation by city-map. The right of the contracting parties to terminate the contract without notice for important reasons in the event of the legal conditions remains unaffected.
§ 6 Revocation instruction & revocation form
Consumers are entitled to a right of revocation under the following conditions, whereby consumers are any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to their commercial or self-employed professional activity:
Cancellation
Withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of revocation, You must provide us (city-map Internet Marketing AG, Schiffertorsstr. 2, 21682 Stade, Email: info@city-map.de, Phone: 04141 78940, Fax: 04141 789422) by means of a clear explanation (e.g. a letter sent by post, fax or Email) of your decision to revoke this contract. You can use the attached sample revocation form, but it is not mandatory. In order to respect the revocation period, it is sufficient that you send the notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you withdraw from this contract, we will have provided you with all the payments we have received from you, including delivery costs (with the exception of the additional costs arising from your delivery being a different type of delivery than the cheapest one offered by us. Have chosen standard delivery) to repay immediately and no later than fourteen days from the date on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; Under no circumstances will you be charged fees for this repayment.
Expiry of the right of revocation
The right of revocation expires prematurely if we have started executing the contract, after you have expressly agreed that we will commence the execution of the contract before the expiry of the revocation period and you have confirmed to us your knowledge that you are By agreeing at the beginning of the execution of the contract, you will lose your right of revocation.
Pattern revocation form
If you want to revoke the contract, please fill out this form and send it back.
A city-map Internet marketing AG, Schiffertorstr. 2, 21682 Stade
Email: info@city-map.de, Phone: +49 4141 78940, Fax: +49 4141 789422
I / we hereby revoke the contract concluded by me / us for the purchase of the
following goods/delivery of the following service:
……………………………………………………………………
……………………………………………………………………
(Name of merchandise, order number and price if necessary)
Goods ordered from:
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Date
Merchandise received on:
………………………..
Date
Consumer’s name and address
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………………………..
………………………..
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Date
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Signature customer (only in case of written revocation)
§ 7 Limitation of liability
- Claims for damages arising from impossibility, fault in contract negotiations and tort of illicit are excluded from city-map, unless there is intentional or grossly negligent action on the part of city-map. The same applies to the involvement of vicarious agents and correspondence agents on the part of city-map. However, city-map is also liable for damages caused by city-map or its vicarious agents by negligent breaches of duty of the contractual obligations assumed by city-map, insofar as the negligence of such infringement Comes on contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations); In these cases, however, city-map is only liable to the extent that the damages are typically associated with the contract and foreseeable. For injuries to life, body or health resulting from a negligent or intentional breach of duty by city-map or their vicarious agents and agents, city-map is liable in accordance with the statutory provisions.
- City-map is not liable for the completeness, accuracy or timeliness of the information it transmits on behalf of the customer. Furthermore, city-map is not liable for unlawful acts of third parties that are carried out using the services offered.
- If damage is based on an event resulting from, for example, a line failure on the Internet, the applicable provisions in relation to the management operator and city-map also apply to city-map’s liability to its customers.
§ 8 Payment terms
- The fees for one-off and ongoing services, unless agreed on behalf of anything otherwise, are due immediately or for one year in advance and paid by invoice or bank debit without deduction. A monthly payment method of current fees is only possible if the payment is made.
- The fees are due after the order has be placed and the accounts have taken into account. Other payment methods are only possible on the basis of a written agreement.
- The customer is not entitled to partial benefits or cuts.
§ 9 Late payment
- If the customer is in default of payment with an amount equivalent to at least two months of payment or refuses to pay, city-map is entitled to block the contractual service until full payment has been made. In this case, the customer remains obliged to pay the fees in full. A reconnection can only be required by the customer after full payment has been made.
- City-map reserves the right to assert further claims and costs as well as the right to terminate the contract due to late payment without notice.
§ 10 Rights of the User, Refunds
- Against claims of city-map, the customer can only offset uncontested or legally established claims. The customer is entitled to assert a right of retention only because of counter-claims from this contract.
- Performance delays due to force majeure and due to events beyond city-map’s control and which make city-map significantly more difficult or impossible to perform, city-map is not responsible. Such events include strikes, official orders, the failure of communications networks and gateways of other operators, as well as disruptions in the area of the services of management providers.
- If a failure lasts significantly, longer than two days, the customer is entitled to reduce the monthly fees from the time of the failure until the removal of the impediment, unless the customer is responsible for the failure. There is a significant outage when the city-map infrastructure can no longer be accessed on the Internet. If a significant failure lasts longer than two months, the customer and city-map are entitled to terminate this contract without complying with a notice period.
- Any further refund from other charges in the event of service failures due to a disruption outside city-map’s sphere of responsibility is excluded.
- If city-map or any of its vicarious agents or agents culpably caused a downtime that lasts beyond that significant period, the customer’s presentation will be provided free of charge via the current contract year. End date extended beyond downtime.
§ 11 Data protection
- The information submitted to city-map is deemed not to be confidential and is approved for publication unless otherwise agreed in writing.
- The Contracting Party is hereby informed, in accordance with the provisions of the Federal Data Protection Act and the Teledienst Data Protection Regulation, that city-map informs the customer’s data, as well as the information addressed to the customer in the context of e-mail traffic, as well as the Data obtained for order processing in digital form and machine-processed for tasks arising from the contract. There is no use or disclosure of the data beyond the purpose of the contract.
§ 12 Jurisdiction
The sole jurisdiction in all disputes arising from the contractual relationship is the competent judicial district of city-map.