Below are our general terms and conditions!
§ 1.1
Cretio Design, later bidder named, places named the customer the ordered achievements with all contained components as well as possibly delegated additional achievements, later offer, exclusively to the following conditions to the decree. Regulations that alter or cancel these conditions are only then valid if we confirmed this in writing.
§ 1.2
The customer ratio realization based on a written contract, and/or a written award of contract between both parties. They obligate the bidder only to the circumference indicated in the project description. Small projects don’t require a written contract and are valid as discussed.
§ 1.3
Of the contractual partners acknowledges the following business conditions. Changes on the part of the customer need the written confirmation of the bidder.
§ 2.1
The offer depends on type and circumference of the achievements arranged with the customer. The binding information, documents and remedy the customer must make available seven work days on its costs at the latest after contract termination in full circumference the bidder.
§ 2.2
Base for the creation of web pages is the achievement description contained in the contract. This achievement description is to be reviewed of the customer on correctness and totality and to equipped with its permission memo. Later additional achievements separately are calculated the customer.
§ 2.3
The customer makes available the bidder the information to be bound in the web pages, graphics (Logo) and photos and/or obligates itself to acquire possibly required picture licenses / utilization rights.
§ 2.4
The customer is obligated to the removal of the web pages as far as they correspond to the contractual achievement description. Appearing deficiencies, that are deviations of the achievement description of the offer, are documented to report of the customer sufficiently the bidder within three work days upon receipt in writing. The bidder will remove then the deficiencies as quickly as possible. Essential deficiencies exist, i.e., that the internet presence cannot be used flawlessly, a renewed removal is required after deficienciesbehebung. Resulted no message within that above indicated time period, counts detached the internet presence as. All following change wishes can lead to separate price agreements.
§ 2.5
So far not specifically differently arranges, the bidder may complete the achievements also by expert colleagues or third.
§ 2.6
So far single achievements of the bidder after temporal expense deducted become, has the customer claim to monthly statement. Therein the type of the deducted achievement and the spent time is supposed to be designated. For achievements, that of the bidders by request the customer at one other place when its business seat furnishes, he can calculate times and departure times. For each gone kilometer, a lump sum of 0.75 Euros accrues it.
§ 2.7
Should it turn out during the work that the completion of the order is actual or juristically impossible, then the bidder obligated to indicate this the customer immediately. Each contractual partner is entitled in this case to resign of the order. The expenses incurred until that point of time are to be paid
§ 2.8
The bidder takes no job(s), that serves serves for violation of the public and/or for a violation of minority. For contents of homepages, the bidder gives no guarantee and is not to be made liable for that . The bidder has the right to reject orders without any reason(s).
§ 3.1
The offers understand itself subject to change and non-binding. Our prices are net prices and understand themselves plus the legal value-added tax. They apply only to the existing order (orders).
§ 4.1
The appointments named by us and time periods are non-binding as far as specifically written in the contract.
§ 4.2
All delivery promises and -appointments stand under the reservation more correctly and on time even supply. Part deliveries are allowable.
§ 4.3
The desired fulfillment appointments can be kept only then if the customer makes available all necessary documents the appointments indicated by the bidder completely and in accordance with achievement description to and promp replies by mail or phone. Delivery delays and costs increases, that do not emerge through incorrect, incomplete or retroactively changed statements and/or to the decree placed documents, go at the expense of the customer.
§ 4.4
If the customer doesn’t like to have the made web pages on the server of the bidder, this is first possible after the payment of the complete billing sum. Same counts, if in the connection to the creation of web pages, that is desired arrangement of a FTP-access.
§ 5.1
The bidders is entitled, to use each of it generated web page as a reference and may publish them on his websites.
§ 5.2
The bidder has a right to have a notice and a backlink to his webpage to be placed well seen by the end user.
§ 5.3
The elements yielding itself out of the achievement the bidder may not be given to third.
§ 6.1
The billing results exclusively online. The billing is sent at the same time the customer per email. If specified the bill will be sent as a pdf-file per E-MAIL. The customer explains himself specifically therewith agreed that no billing are sent in writing. In case the customer demands nevertheless a shipment of the billing on the postal service way, the bidder is entitled, for this to calculate per billing 5.00 EURS + shipping costs.
§ 6.2
The billing sent by the bidder are payable from the date of receipt inclusive sales tax without any deduction and expensesee payable at the latest within 7 days. For partial billing, the conditions for payments remain similar.
§ 6.3
If the customer comes into delay with his/her payment, then a late payment fee of 10% of the payment + overdue fines of 5EUR are due for each other day passed this way.
§ 6.4
Web pages built by the bidder, whose account is arranged on the server of the bidder and controls a FTP-access, or on the server of a different hosting provider arranged via the bidder, is to be paid the billing in advance.
§ 6.5
The achievement established by the bidder remains his property until the payment receipt of the billing sum. The purchased service will be delivered within 1-2 business days.
§ 7.1
The contract ends with the complete payment of the billing sum through the customer. Statements of reasons for the canceling the contract in no case.
§ 7.2
The right of a cancelation without previous notice remains for important reason therefrom untouched. As an important reason for the notice of the contract through the bidder, especially an offence of the customer against legal prohibitions, especially the injury of criminal, copyright, competition, name legal or related to the data protection laws determinations, that lasts longer than two weeks, the continuation of other contract offences after warning through the bidder, becomes for the bidder unacceptably to complete the whole project or partial.
§ 8.1
Each warranty obligation becomes non applicable if the customer or third changed the product in any form delivered by the bidder. Same applies to deficiencies, that are caused by operaing errors.
§ 9.1
The bidders is liable exclusively for the arranged achievement.
§ 9.2
For damages, interferences or interruptions, that were caused by third or by higher force, liability exclusion counts.
§ 9.3
Otherwise bidder is only liable for damages as far as intention or coarse carelessness is proved and is restricted on the value of the order.
§ 9.4
The liability for easy carelessness is excluded. The replacement of consequential damage and done damage, not obtained sales, interest losses and of damages out of claims third against the customer is excluded in each case.
§ 9.5
For interferences and irregularity, that are to be led back to the provider, the bidder receives no liability.
§ 10.1
The customer assures specifically that the made web pages for him/her by the bidder offend neither against German nor against its right of residence deviating hereof if necessary, copyrightt, data protection right and competition right. No test duty emerges for the bidder.
§ 11.1
The bidder or third renders the achievements after nearer standard of the enclosed achievement offer. The bidder charges for special achievments (e.g. creation of an individual site programming) by his hourly fee. In addition the bidder places expenses characteristic in billing.
§ 12.1
The customer obligates himself, whom bidders in the interior ratio (between bidder and customer) of all contingent claims to leave up to third, that on illegal actions of the customer or in substance mistakes of that of this information placed to the decree rest. This applies especially to copyright injuries, data protection injuries and competition rights, as well as in offences against the child and youth protection legislation.
§ 13.1
For all right relations between bidder and customers applies excluding the parties native to the right relation authoritative right of the Federal Republic of Germany.
§ 13.2
Jurisdiction is the court responsible for the seat of the bidder. Also the bidder can make his claim validly in the courts of the general jurisdiction of the customer. A contingent exclusive jurisdiction remains untouched.
§ 13.3
If a certain clause of the condition becomes or is invalid or if the the condition is incomplete, therefrom the contract in its remaining content is not touched . The ineffectual clause becomes replaced by a determination, which comes to the sense and purpose of the ineffectual clause in legally effective manner economically at the next. Same applies in case of a gap in the conditions.
§ 13.4
The author gives no warranty for being up-to-date, correctness, completeness or quality of the information provided. Liability claims against the author, which refer to material damage or goodwill kind, which were caused by using or not using the provided information or due to incorrect or uncomplete information, are excluded axiomatic, if there is no proof, proofing intentional or gross fault against the author.
§ 14.1
In direct or indirect, strange webpages (”Links”), that outside of the responsibility area of the author, would step a liability obligation exclusively in the case effective, in which the author of the contents has knowledge and it would be it technically possible and reasonable, to prevent the utilization in the trap of illegal contents. The author explained linked were therefore specifically, that to the moment of the Linksetzung the corresponding sides freely of illegal contents. The author has no influence at all on the current and future formation and on the contents of the gelinkten/connected sides. Therefore detached he herself with this specifically of all contents of all gelinkten / connected sides that were changed after the Linksetzung. This determination applies to all within the characteristic internet offer of set to the left and reprimands as well as for strange entries in guests books established by the author, forums and Mailinglisten.
§ 14.2
For illegal, defective or incomplete contents and especially for damages, that develop from the utilization or not utilization of of this sort offered information, alone the bidder of the side on which reprimanded became did not fasten, that that refers over to the left to the respective publication solely
