Terms & Conditions

WordPress blog management service

§1 GENERAL & SCOPE OF APPLICATION

(1) These terms & conditions are last updated on: 3rd July 2018

(2) The supplier mentioned in these terms & conditions is:
Nathanael-Osirius Woggon
Gustav-Falke-Straße 13
24782 Büdelsdorf
Germany
In the following, the supplier will be called “we” or “us”. The supplier can be contacted via these contact details:
Email:
Website: osirius.de
Phone: +49 4331 4639914

(3) The seller mentioned in these terms & conditions is:
Digistore24 GmbH
St.-Godehard-Straße 32
31139 Hildesheim
Germany
In the following, the seller will be called “Digistore24”, “seller”, “selling partner”, “sales partner” or “selling platform”.

(4) In the following, the terms & conditions will be called “terms”.

(5) These terms apply exclusively to our different WordPress blog management
services (as mentioned in ​§4 WordPress blog management services)​ .

(6) Our terms apply additionally to the terms of our selling partner Digistore24 GmbH. We do not have any kind of influence to the terms of our selling partner, nor are we responsible for their content.
The terms of our selling partner can be found here: www.digistore24.com/page/terms
Our terms apply to all offers, services and deliveries by us. Insofar as the customer did not have the opportunity to be aware of the terms when concluding the contract, they also apply if the customer knew or needed to know the terms from previous transactions and projects.

(7) The language of our terms & conditions and contracts is exclusively in German.
Other translations are just for easier understanding of our client.
The German terms can be found here: o​sirius.de/de/agb-blog-management

(8) Conflicting terms and conditions of the client deviating from our terms do not apply. In the knowledge of such terms and conditions of the client, if we carry out the above-mentioned service or delivery, we do not recognize any terms and conditions of the client, which the present terms do not contradict.

§2 OFFER, CONTRACT CLOSING & INFORMATION

(1) The presentation of offers on our website is not a legally effective offer, but merely serves as an invitation to the client to make an offer.

(2) The order, the payment and the sale are made through our sales partner. In addition to our terms, the corresponding terms of our sales partner apply.

(3) The contents of the contract are available to the client during the order on demand and storable and are also sent with the starter package, which you receive after the order.
In addition, the contract is stored with us and can be sent to the client on request. For this, send an email to the above email address.

(4) By way of derogation from § 312 g Abs. 1 Nos. 1 to 3 BGB, the customer has no claim to the provision of technical means to correct his order, separate information on the technical steps to conclude a contract, information about the storage of the contract, the available languages and codes of conduct, as well as an immediate confirmation of his order.

§3 CONTENTS OF CONTRACTS & DELIVERABLES

(1) We create the services for the client compatible with the current versions of the three main browsers:

  • Chrome
  • Firefox
  • Safari

Due to the variety of different browsers and systems, an exact match of the representation and functionality is to be guaranteed only with unreasonable effort. Insofar as this does not result in any significant deterioration in the functionality of the website, such deviations do not result in a defect. If the customer wishes an optimization, this can be booked for an additional fee.

(2) Older and future browser versions, as well as future versions of WordPress, plugins or other software used by third-party vendors, can not guarantee proper functionality. If an optimization for these versions is desired, it can be booked for an additional fee.

(3) The cost of a third software product required to complete the project (for example, a purchased premium theme) is not included in the price, unless otherwise agreed. Functionalities, responsive web design and browser compatibility can only be granted within the framework of the requirements of the third software product.

(4) In the event of unforeseen difficulties caused by third parties (providers, external software or plugin providers, etc.) and resulting in overtime, the customer is obliged to pay the extra work after hours on the basis of the contractually agreed or customary, reasonable remuneration.

(5) The customer is cautioned that content on the website that originates from third parties (in particular photos, texts, plans, graphics, maps, sound recordings, videos, animations and drawings) may be protected by copyright. If the customer supplies such materials, the customer must ensure that he has acquired all the necessary rights, if applicable, for an additional fee. Research by us for conflicting trademarks, copyrights or other industrial property rights is not part of the contract.

(6) Editing images (such as trimming, retouching, converting to RGB mode and JPEG or PNG file format) or other media (music, video, graphics, etc.) is not included in the price, unless otherwise agreed , The customer is responsible for making the media available in the correct size and resolution, in the correct file and color format. Otherwise, the customer is obliged to pay the additional work after hours by the contractually agreed or customary, reasonable remuneration.

(7) Unless otherwise agreed in the offer, one correction loop is included per item from the offer, with one change each. Cancellation of desired changes, consequential changes and functional or structural changes are additionally to be paid by the client after hours based on the contractually agreed or customary compensation, as well as subsequent changes after the start of a new project phase.

(8) We may, at our discretion, perform the service ourselves or with a subcontractor through knowledgeable third parties.

§4 WORDPRESS BLOG MANAGEMENT SERVICES

(1) In general the client can choose between three different WordPress blog management packages.

(2) Our different packages and their specific services will be described in the following.

(3) All services are only valid for websites built with the content management system “WordPress”.

(4) The services of the respectively acquired package apply:
(a) When purchasing the package “WordPress blog management – basic” all services of §​ 4.1​ apply.
(b) When purchasing the package “WordPress blog management – advanced” all services of §​ 4.2​ apply.
(c) When purchasing the package “WordPress blog management – pro” all services of ​§4.3​ apply.

(5) Any services exceeding the described performance shall be additionally paid by the client after hours based on the contractually agreed or customary remuneration, as well as subsequent changes after the start of a new project phase.

(6) A month is the period between the individual payment periods. The payment period is determined by our sales partner and depends on the time of purchase and / or payment.

(7) Unused services expire at the end of each month and can not be taken over in the following month. Furthermore, no payment of unused services is possible.

(8) The purchase of one WordPress blog management package is valid for one website or one blog.

§4.1 WORDPRESS BLOG MANAGEMENT – BASIC

(1) In the following, the package “WordPress blog management – basic” will be called “basic” or “basic service”.

(2) The package basic includes following services:

(a) Formatting and publishing up to four (4) articles (blog posts) per month. In each case, it counts the time at which the contribution has been received by us. A blog post is one article in WordPress under “posts”.

(b) The publication can take place immediately, after finished processing from our side, or at any time, which lies temporally after the finished processing. Should an automatic publication be desired at a later date, this must be clearly communicated to us, indicating the exact date (day of the month and year) and time (hour: minute). The automatic publication takes place via the “planning” function of WordPress (“plan post”).

(c) The formatting of the blog posts includes the following services:

  • Bold
  • Italic
  • Blockquote
  • Enumerations and numbered lists
  • Headlines (Headline 1, Headline 2, Headline 3, Headline 4, Headline 5, Headline 6)

(d) The formatting of the blog applies only to the text.

(e) The text per blog post can not exceed 1,500 words. This includes all headings, links, bulleted lists, etc.

(f) The language of the blog article has to be in English or in German.

(g) We insert the desired links. These can be internal links (links to pages under the same domain as the blog post) or external links (links to pages of another domain). The desired link must be written in plain text, in the same document as the article.

(h) We add the desired featured image. Each blog post requires a single cover image. Editing images (such as trimming, retouching, converting to RGB mode and JPEG or PNG file format) or other media (music, video, graphics, etc.) is not included in the price, unless otherwise agreed , The customer is responsible for making the media available in the correct size and resolution, in the correct file and color format. Otherwise, the customer is obliged to pay the additional work after hours by the contractually agreed or customary, reasonable remuneration.

(i) Editing and formatting of each blog post can take up to one week (7 days) to complete. This includes the services listed here.

§4.2 WORDPRESS BLOG MANAGEMENT – ADVANCED

(1) In the following, the package “WordPress blog management – advanced” will be called “advanced” or “advanced service”.

(2) The package advanced includes following services:

(a) Formatting and publishing up to four (4) articles (blog posts) per month. In each case, it counts the time at which the contribution has been received by us. A blog post is one article in WordPress under “posts”.

(b) The publication can take place immediately, after finished processing from our side, or at any time, which lies temporally after the finished processing. Should an automatic publication be desired at a later date, this must be clearly communicated to us, indicating the exact date (day of the month and year) and time (hour: minute). The automatic publication takes place via the “planning” function of WordPress (“plan post”).

(c) The formatting of the blog posts includes the following services:

  • Bold
  • Italic
  • Blockquote
  • Enumerations and numbered lists
  • Headlines (Headline 1, Headline 2, Headline 3, Headline 4, Headline 5, Headline 6)

(d) The formatting of the blog applies only to the text.

(e) The text per blog post can not exceed 1,500 words. This includes all headings, links, bulleted lists, etc.

(f) The language of the blog article has to be in English or in German.

(g) We insert the desired links. These can be internal links (links to pages under the same domain as the blog post) or external links (links to pages of another domain). The desired link must be written in plain text, in the same document as the article.

(h) We add the desired featured image. Each blog post requires a single cover image. Editing images (such as trimming, retouching, converting to RGB mode and JPEG or PNG file format) or other media (music, video, graphics, etc.) is not included in the price, unless otherwise agreed, The customer is responsible for making the media available in the correct size and resolution, in the correct file and color format. Otherwise, the customer is obliged to pay the additional work after hours by the contractually agreed or customary, reasonable remuneration.

(i) We add a maximum of two images or graphics to each blog article. Editing images (such as trimming, retouching, converting to RGB mode and JPEG or PNG file format) or other media (music, video, graphics, etc.) is not included in the price, unless otherwise agreed , The customer is responsible for making the media available in the correct size and resolution, in the correct file and color format. Otherwise, the customer is obliged to pay the additional work after hours by the contractually agreed or customary, reasonable remuneration.

(j) We add the SEO descriptions. This service includes the SEO title, permalink, and meta description. These data are inserted using Team Yoast’s free “Yoast SEO” plugin. Unless otherwise stated, the installation of this plugin is not included in the services. The plugin can be downloaded free of charge at the following link and then installed in the WordPress installation by the client: wordpress.org/plugins/wordpress-seo
Alternatively, this plugin can be installed directly in the WordPress backend. If this plugin is no longer offered free of charge, this is not included in the services and must be purchased separately. As far as these terms are concerned, a premium version of the mentioned plugin is not necessary.

(k) The data for the SEO title, the permalink and the meta description must be provided by the client with the text for the post. This includes the following data:

  • SEO title: The SEO title can not exceed 60 characters (letters, numbers and symbols).
  • Permalink: The permalink may only contain letters, numbers, hyphens and underscores. Excluded are: “ä”, “ö”, “ü”, “ß”, as well as all other special characters and spaces.
  • Meta Description: The meta description may not exceed 320 characters (letters, numbers, and symbols).

(l) Editing and formatting of each blog post can take up to one week (7 days) to complete. This includes the services listed here.

§4.3 WORDPRESS BLOG MANAGEMENT – PRO

(1) In the following, the package “WordPress blog management – pro” will be called “pro” or “advanced pro”.

(2) The package pro includes following services:

(a) Formatting and publishing up to six (6) articles (blog posts) per month. In each case, it counts the time at which the contribution has been received by us. A blog post is one article in WordPress under “posts”.

(b) The publication can take place immediately, after finished processing from our side, or at any time, which lies temporally after the finished processing. Should an automatic publication be desired at a later date, this must be clearly communicated to us, indicating the exact date (day of the month and year) and time (hour: minute). The automatic publication takes place via the “planning” function of WordPress (“plan post”).

(c) The formatting of the blog posts includes the following services:

  • Bold
  • Italic
  • Blockquote
  • Enumerations and numbered lists
  • Headlines (Headline 1, Headline 2, Headline 3, Headline 4, Headline 5, Headline 6)

(d) The formatting of the blog applies only to the text.

(e) The text per blog post can not exceed 1,500 words. This includes all headings, links, bulleted lists, etc.

(f) The language of the blog article has to be in English or in German.

(g) We insert the desired links. These can be internal links (links to pages under the same domain as the blog post) or external links (links to pages of another domain). The desired link must be written in plain text, in the same document as the article.

(h) We add the desired featured image. Each blog post requires a single cover image. Editing images (such as trimming, retouching, converting to RGB mode and JPEG or PNG file format) or other media (music, video, graphics, etc.) is not included in the price, unless otherwise agreed , The customer is responsible for making the media available in the correct size and resolution, in the correct file and color format. Otherwise, the customer is obliged to pay the additional work after hours by the contractually agreed or customary, reasonable remuneration.

(i) We add a maximum of four images or graphics to each blog article. Editing images (such as trimming, retouching, converting to RGB mode and JPEG or PNG file format) or other media (music, video, graphics, etc.) is not included in the price, unless otherwise agreed , The customer is responsible for making the media available in the correct size and resolution, in the correct file and color format. Otherwise, the customer is obliged to pay the additional work after hours by the contractually agreed or customary, reasonable remuneration.

(j) We add the SEO descriptions. This service includes the SEO title, permalink, and meta description. These data are inserted using Team Yoast’s free “Yoast SEO” plugin. Unless otherwise stated, the installation of this plugin is not included in the services. The plugin can be downloaded free of charge at the following link and then installed in the WordPress installation by the client: wordpress.org/plugins/wordpress-seo
Alternatively, this plugin can be installed directly in the WordPress backend. If this plugin is no longer offered free of charge, this is not included in the services and must be purchased separately. As far as these terms are concerned, a premium version of the mentioned plugin is not necessary.

(k) The data for the SEO title, the permalink and the meta description must be provided by the client with the text for the post. This includes the following data:

  • SEO title: The SEO title can not exceed 60 characters (letters, numbers and symbols).
  • Permalink: The permalink may only contain letters, numbers, hyphens and underscores. Excluded are: “ä”, “ö”, “ü”, “ß”, as well as all other special characters and spaces.
  • Meta Description: The meta description may not exceed 320 characters (letters, numbers, and symbols).

(l) The proofreading includes up to a maximum of 1.500 words per contribution. The text is checked and corrected for spelling and grammar.

(m) Editing and formatting of each blog post can take up to one week (7 days) to complete. This includes the services listed here.

§5 PRICES, PAYMENT TERMS, SETTLEMENT & RETENTION

(1) The amount stated does not include tax according to small business regulations (§ 19 UStG – Kleinunternehmerregelung), unless agreed otherwise.

(2) All prices in Euro (€).

(3) Our prices are based on the list price valid on the day the contract is concluded.

(4) We are entitled to demand a down payment of a reasonable amount when placing the order. We are entitled to demand reasonable advance payments for project parts already delivered to the client and to issue partial invoices according to project progress.

(5) The contractual remuneration only applies if contractual services are also agreed. Additional services shall be reimbursed according to the contractual rates according to the offer, alternatively in accordance with the customary, reasonable remuneration. Accompanying services such as user introductions, documentation, training, support or similar are not included in the order as standard, but only as part of the contract if expressly agreed.

(6) The sale and debiting of the payment is carried out by our sales partner mentioned under §1 (3). In addition to our terms, the corresponding terms of our sales partner apply. If the customer is in arrears with the payment, he is obligated to pay default interest and the regulated there compensation.

(7) Billing takes place at the beginning of a payment period (billing period).

(8) The customer can only offset if his counterclaims are legally established, undisputed or recognized by us, or the right of set-off is based on rights of the client because of incomplete or inadequate performance from the same contractual relationship.

(9) We are authorized to exercise a right of retention for all claims arising from the business relationship with the client.

(10) For any services, which exceeds the mentioned services, an hourly rate of 75€ is set.

§6 PERIOD OF PERFORMANCE

(1) The beginning of a possibly specified performance time requires the clarification of all technical, legal and design issues and the timely and proper fulfillment of the client’s obligations. The objection of the non-fulfilled contract for us remains reserved.

(2) Force majeure or malfunctions occurring with us or our subcontractors, eg. For example, due to riots, strikes, and lockouts, which temporarily prevents us from delivering the service on any agreed date or within any agreed period without our own fault, the service times shall be modified by the duration of the disruption due to the circumstances. If such a disruption leads to a delay of more than 2 months or if the client’s interest in the fulfillment of the contract is objectively eliminated, the customer is entitled to withdraw from the contract.

§7 ENDANGERMENT OF PERFORMANCE & INSOLVENCY

(1) If, after the conclusion of the contract, it becomes clear to us that the (further) fulfillment of the contract is endangered by a lack of efficiency of the client, we are entitled to refuse the provision of intermediate services from this contract until the corresponding consideration is provided by the client or security for this is done.

(2) We are entitled to withdraw from the contract or to terminate the contract without notice if, despite a reasonable grace period, the customer does not fulfill the obligation to provide the corresponding consideration step by step.

(3) If the customer is insolvent or over indebted, if the opening of the insolvency or composition proceedings is requested or opened for his assets, we are entitled, without setting a grace period, to withdraw from the contract or to terminate it without notice.

(4) If we cancel or resign after paragraph 2 or 3, we may claim from the client damages instead of performance or reimbursement of expenses.

§8 COMMITMENT OBLIGATION OF CLIENT & LIABILITY

(1) The customer is obliged to provide us with all necessary information and data (eg navigation structure, media to be used, legal texts, etc.) in good time. This includes in particular all information on legal requirements for the website and the designs to be created by us (eg logos), as well as all legal texts (eg legal notice and privacy policy) and any copyright or trademark rights that may conflict with content. The legal requirements for websites and designs can only be assessed and specified by a lawyer. The review, compliance and supply of legal requirements is not part of the contract.

(2) If information, documents or templates such as texts or photos are not available on time and in full, we are entitled to refuse to begin with the service according to § 4 para. 1 or to work makeshift with placeholders. The subsequent incorporation of the late-transmitted material counts as a change of the order and is in addition to be paid in accordance with the contractually agreed, as a substitute, the customary, reasonable remuneration.

(3) The customer is obliged to hand over the required materials in a common, directly usable digital format. The customer ensures that the necessary rights of use are granted, in particular also copying, distribution and editing rights to the extent required for the realization of the project and our work. The review of legal admissibility with respect to intellectual property and copyright can only be done by a lawyer and is not the subject of the contract.

(4) Customer will ensure that the server and software environment it provides meets the minimum technical requirements for the project with the software environments to be used.

(5) Insofar as the customer provides us with physical or non-physical objects, in particular picture, text or audio files, which violate the rights of third parties, the customer is obliged to indemnify us against any claims of third parties upon first request. This includes in particular the costs of legal action.

(6) The customer is obliged to independently carry out the necessary data backups within the framework of the intrinsic backup, in particular also before the start of the order. A liability of us for lost data does not exist insofar as they would still be available if properly backed up by the client.

(7) The client agrees that we will name the service for the client as a reference.

(8) The customer is obliged to keep confidential regarding remuneration, details of the service description and internal communication to third parties.

§9 DELAY OF THE CLIENT, ACCEPTANCE & WITHDRAWAL

(1) If the customer does not provide one of his obligations to cooperate as agreed, the resulting consequences, such as additional services and delays, shall be borne by the client. We can charge the additional expenses to the client.

(2) The customer is advised that we work project-related and do not perform more than a certain number of projects at the same time. If the customer is in (acceptance) default with its obligation to provide, cooperate or accept, we are entitled to postpone the performance period. This applies in particular if this causes us to conflict with other, already scheduled projects.

(3) Should a delay caused by the client arise during the realization of the contract for more than three weeks, the customer is obliged to pay us for the services provided up to that point and the additional time required for resumption of the project for incorporation on our pages in accordance with the contract agreed, in addition to the customary, reasonable remuneration, in addition to remunerate.

(4) If the customer does not comply with his obligation to co-operate even after fruitless expiry of a period of grace, in particular from §6, we can withdraw from the contract and demand damages instead of performance. This includes, in particular, the remuneration already earned and the lost profit (or the unearned overhead costs contribution) less expenses saved by us.

(5) If the customer terminates the contract without good cause, the customer is obligated to pay the agreed remuneration minus that which the provider saves on expenses and acquires or makes bad use of by otherwise using its labor power. Due to the project-related termination by us, a different acquisition may not be realized in the short term. Alternatively, we are entitled to a claim of 5% of the part of the compensation, which is attributable to the service not yet rendered.

§10 PROJECT&ACCEPTANCE

(1) The web project will be produced in project phases according to the instructions of the client. After each project phase (e.g. mockups), the customer will be asked to approve. After approving by the client, the next project phase begins.

(2) We will deliver or demonstrate each item to the client and ask for it after each completed project phase with one week’s notice (shorter deadlines can be chosen for urgent orders), to accept the unit or the complete work. If the customer does not express any requests for change or reservations within this period, the sub-works (complete work) shall be deemed to have been accepted, provided that it was capable of acceptance, that is, if there were no material defects in the partial or total performance.

(3) The customer is obliged to carry out the acceptance within the period of one week after receipt of the acceptance request, as far as the work is ready for acceptance, or to communicate any reservations. If the customer defaults on this obligation, the provisions of this contract regarding the obligation to cooperate and the default of acceptance of the client apply accordingly.

§11 USAGE RIGHTS

(1) After approving and complete payment, the customer acquires the simple, non-exclusive right to use the service from us. For sub-works that were created before acceptance, all rights remain with us. We are under no obligation to release open files or layouts, created on the computer, to the client.

(2) Insofar as works used under a CC license or an open source license are used, these license terms apply.

(3) The client will mention us in the footer area of the respective website and provide a link to the sales page of the WordPress blog management service.

§12 CONTRACTDURATION&CANCELLATION

(1) Our WordPress blog management service is a monthly service. The period between the individual payment periods is the month. The payment period is determined by our sales partner and depends on the time of purchase and / or payment.

(2) The minimum contractual term for our WordPress blog management service is one month from the date of purchase and / or payment.

(3) The duration of the monthly WordPress blog management service is valid indefinitely.

(4) The WordPress blog management service can be cancelled monthly by any of the parties. The notice period as described in paragraph 7 / 8 applies.

(5) The cancellation must be in written form. In this case, a postal or electronic message is possible:
(a) Postal termination: Postal termination must be sent to the address specified under §1 (2) or in the legal notice.
(b) Electronic termination: The electronic termination must be sent by email to the email address specified under §1 (2) or in the legal notice.

(6) The cancellation must be made clearly and stating the name, address, email address, affected website, client number and / or order number. The termination must be clearly allocable for us. If an exact assignment to the client and / or the website / blog is not possible, delays in the termination may occur.

(7) The termination date is the time at which notice of termination has been received in writing. We will confirm receipt of the cancellation at the latest 48 hours later by email.

(8) Cancellation: The cancellation must be received at least two weeks (fourteen days) before the next billing period (the next payment period). If the cancellation does not reach us in time, the cancellation is valid for the following billing period.

§13 RIGHTS ARISING FROM PRODUCT DEFECTS & LAPSE OF TIME

(1) Insofar as the customer is a merchant, he must inspect the service immediately after the handover or acceptance, insofar as it is feasible in the ordinary course of business, and, if a defect shows, notify us immediately. If the customer fails to do so, the service is deemed to be approved unless it is a defect that was not apparent during the investigation. If such defect later arises, the client must notify the client immediately after the discovery, otherwise the performance will be considered as approved in view of the defect. In order to maintain the rights of the client, the timely submission of the advertisement is sufficient. This does not apply if we have fraudulently concealed the defect.

(2) As far as marketing, search engine optimization or other consultations are content of the contract, a certain (economic) success can not be guaranteed. These are service contracts for which a warranty for defects does not exist.

(3) Within the framework of the order there is freedom of design. Claims for defects in artistic designs exist only insofar as these designs deviate significantly from the pre-contractual proposals and these deviations are not due to technical causes, lack of legal rights or lack of cooperation by the client. If changes beyond this are desired, these shall additionally be remunerated in accordance with the contractually agreed, as a substitute, customary, reasonable remuneration.

(4) If changes are made to the performance by the client, the warranty is void if the customer does not refute a corresponding substantiated statement from us that such a change has caused the defect.

(5) Advertising information of third parties, especially of manufacturers of software used by us for the provision of services, are not binding on us.

(6) Insofar as the customer is a merchant, the rights of the client become statute-barred due to defects in the performance in one year from the handover or acceptance of the service. This also applies to the rights of the client for damages or damages instead of performance, also because of all damage to other legal interests of the client, which are caused by the defect, unless it is damage to the life, body or health of the client or we are responsible for the defect due to intent or gross negligence.

§14 CONTRACT DOCUMENTS & LIEN

(1) We reserve all rights of ownership and copyrights to illustrations, drawings, calculations, sketches, drafts, photographs, graphics, designs and other documents. They are not part of the contract, the customer can not challenge them.

(2) For the claims of us against the client under this contract, the customer places a contractual lien on the objects and rights given by the client to us for processing, in particular software, texts, images and other copyright and intellectual property protected objects and rights. This contractual lien also secures other claims of us against the client who are not directly from the order, from.

(3) The customer is obliged to provide us with his current address as far as and as long as the lien exists. Otherwise, the customer can not derive any rights from it, if we sold the thing or the right in the case of – legitimate – pledge sale and the pledge sale threat has sent only to the last known address, if a new address for us not by resident registration without was further determined.

§15 MEDIATION

(1) In the event of disputes arising in the business relationship between the contractor and the customer the parties have to strive to reach an amicable solution. If no agreement can be reached, they vow to attempt to settle their differences in a mediation proceeding before going to court. This does not affect the possibility to file for temporary injunctive or protective relief.

(2) If one party requests the other party to take part in a mediation proceeding, both parties have to agree on a mediator within eight days. If this agreement is not reached in due time, either party may request that the president of the Bar Association at the registered seat of the customer or one of his/her representatives determines an attorney as mediator – preferably a mediator who offers online mediation. This is also the location for the mediation if the Bar Association does not propose an online mediator. The language of the mediation proceeding is German, unless all parties agree on a different language.

(3) The parties may only go to court (or initiate an alternative arbitration proceeding if agreed upon) once the mediation has failed because (a) the parties unanimously declared the mediation to be over, (b) one party refuses to continue with the mediation after the first session, (c) the mediator declares that the mediation has failed, or (d) no agreement can be reached within 3 months after the beginning of the first mediation session, unless the parties unanimously extend this deadline.

(4) In the internal relation to the mediator, the expenses of an unsuccessful mediation have to be borne by both parties at equal shares. Notwithstanding this provision in relation to the mediator, the parties are free to file for compensation of these expenses and potential additional legal fees in a subsequent proceeding; that decision will then cover the distribution of costs. If there is an agreement, it will also rule on the costs.

§16 PRIVACY POLICY, PLACE OF JURISDICTION, PLACE OF PERFORMANCE & DISPUTE RESOLUTION

(1) As the according to the data protection regulations, we assure that the collection, storage, modification, transmission, blocking, deletion and use of the personal data of the client (“client data”) always protect us from the client data in accordance with applicable data protection regulations and other legal provisions.
The passing on of client data to third parties takes place exclusively to the service providers involved in the execution of the contract (for example: subcontractors, hosting providers or other third parties). In the case of the transfer of client data to third parties, the amount of data transmitted is limited to the minimum required.
With the conclusion of the contract, the customer agrees to the collection, processing and use of his client data according to the provisions mentioned here.
The customer has the right, at any time and free of charge, to obtain information about the client data stored on his person. The customer also has the right to revoke his consent to the storage of his client data at any time, with effect for the future. This can be done by email to the email address mentioned in the legal notice. In the case of a corresponding message to us, the client data stored on the client’s person will be deleted. Unless the data in question are still needed to fulfill the obligations of the contractual relationship or legal regulations preclude deletion. In this case, a deletion takes place, blocking the relevant client data.

(2) The courts at the registered seat of the customer’s business have exclusive jurisdiction over all disputes arising directly or indirectly from the contractual relationship. But the customer may also sue the contractor before the court at the seat of its registered business or its residence.

(3) Unless the order states otherwise, the customer’s registered seat of business is the place of performance.

(4) In the case of cross-border delivery, the court at the customer’s registered seat of business has exclusive jurisdiction over all disputes arising directly or indirectly from the contractual relationship. But the customer may also sue the contractor before any other court that has jurisdiction based on the Brussels-I Regulation or any other laws.

(5) The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr​.
Please find our email in the Impressum/legal notice.

(6) We do not take part in online dispute resolutions at consumer arbitration boards.

§17 CLOSING PROVISIONS

(1) Should any provision of these terms be or become invalid, it will not affect the validity of the remaining provisions./p>

(2) Should any provision of terms of our selling partner Digistore24 GmbH be or become invalid, it will not affect the validity of the remaining provisions.