⇒ general terms, web design, hosting, domains

General Terms

General trading terms of ProAspecto Web Design, Lutz Dausend

  1. Making a contract
    (a) Any order of our services take place in written form: a letter, fax or an electronic mail. A written confirmation from ProAspecto is required. The same applies to all warranties, special agreements, additions and changes.
    (b) In the case of more complex orders, our service description and the quality requirements are held in detail in a separate document.
    (c) Estimates are only bound to the specified achievements and are valid 2 months after date of issue.
  2. Achievement and performance
    (a) In the creation of any web page ProAspecto arranges a draft of the project, its essential structure, artistic representation and substantial functionality first. Once the client has released the draft, we start to program the web page. After having the customer's agreement, publication takes place.
    (b) ProAspecto will furnishes itself or by expert third achievements those requirements specified in the contract.
    (c) ProAspecto commits itself to respect the agreed dates. Inevitable, unpredictable events and delays, or other alterations by the customer, release ProAspecto from fulfilling the arranged date of delivery and entitles ProAspecto to postpone the achievement to an appropriate period.
  3. Liability
    (d) Pre-contractual, contractual and out-contractual liability of ProAspecto is just restricted to resolution and serious negligence as far as it does not concern the infringement of the essential duties included in the contract.
    (e) Compensation claims are limited to the highest cost of the order value.
    (f) The customer himself could undertake changes inside the files of the web page or Internet site, but ProAspecto is not responsible for the damages which could emerge as a consequence.
    (g) For losses in the Internet such as server losses, even temporarily, and as a result losing the web page being impossible its recovery, ProAspecto cannot be made responsible.
    (h) The client is obligated to exempt ProAspecto from every claim that third could make due to illegality in the contents, data and/or files provided by the customer. Same applies in such a case to the costs of defence of the firm ProAspecto.
  4. Warranty for defects
    Recognizing mistakes or defects has to be indicated to ProAspecto immediately, within 5 days after the delivery of the work. In the case of justified and punctual complaint, it stands for the customer the right to get a free and immediate improvement by ProAspecto.
  5. Hosting
    (a) The minimum period of a hosting contract is one year. The rescission notice must take place at least one month before the expiration of the current contract. If no notice is expressed, the contract extends to another year automatically.
    (b) ProAspecto reserves itself the right of an unusual rescission when a legal offence is produced by the customer.
  6. Domains
    (a) The contract period for domain reservattion is one year. The rescission notice must take place at least one month before the expiration of the current contract. If no notice is expressed, the contract extends to another year automatically.
    (b) ProAspecto reserves itself the right of an unusual rescission when a legal offence is produced by the customer.
  7. Payment conditions
    (a) The agreed service in the contract is detailed in euros, including taxes. The invoice follows immediately after.
    (b) The established amount has to be paid in advance and according to the payment period specified in the contract, being payable as the invoice is handed over.
    (c) In case of delay in the payment, a 3% p.a. will be applied over the bank rate plus a burden subject to the work made.
  8. Acceptance
    The client is bound to accept and purchase the web page as far as it corresponds to the requirements demanded in the contract. This acceptance will be documented by a written report.
  9. Property reservation
    The property of the delivered achievements will remain with ProAspecto till the customer does the complete payment of all requirements existing against him.
  10. Data protection and security
    (a) Private data conveyed to us serve to carry out exclusively the orders ad inquiries of the client. The data are stored and can be changed or deleted whenever our customers request it.
    (b) All our staff commit themselves to keep discretion.
    (c) ProAspecto commits itself not to transmit the customer's data to third.
    (d) To use the data of our customers for our own advertising purposes, ProAspecto have to their explicit consent.
  11. Content of the web page
    (a) ProAspecto is not responsible for the contents, models and files our clients deliver us. For that reason, ProAspecto takes over no obligation to check such contents and, hereby, this company dissociates itself expressly from all contents of all linked sides.
    (b) The customer is committed not offend the law and not to be against legal prohibitions and good customs in his web page.
  12. Copyright and right of use
    (a) The client acquires all rights for exploitation and use of the web page as well as its single components.
    (b) ProAspecto owns all copyrights related to the web page, its programs and files. A later sale, even with a different design, requires an express approval from ProAspecto.
  13. Place of delivery and jurisdiction
    (a) The place of delivery is the seat of ProAspecto.
    (b) The seat of ProAspecto is the exclusive area of jurisdiction for every dispute that could result between the parties directly or indirectly.
  14. Salvatori clause
    The individual regulations of the present treaty should be or become ineffective, but this does not affect the validity of the remaining ones in it. The parties commit themselves to replace ineffective regulations by new ones in which the regulations contained in the ineffective regulations are to be fair in a legally permissible way. The same applies to regulation gaps in the contract . To fill in those gaps the parties commit themselves to get to an agreement that, coming next, the parties would have determined according to the sense and aim of the contract, in case that this point had been considered by them.
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