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Conditions of Use |
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The company
(hereinafter referred Camtu-trading) are the basis for all bids,
contracts, supplies and services between Camtu-trading and their
customers or suppliers made.
1.b latest acceptance of the offer, confirmation of these
conditions via an online form or e-mail or confirmation of an offer
which these conditions are counter-signature of the contract, the
receipt of goods or decrease the performance of these conditions apply
to be accepted.
1.c Conflicting business or purchase conditions of the buyer
will be accepted only if they expressly agreed in writing. Nebenanreden
and additions to the treaty are legally, if they are not writing
Camtu-trading have been confirmed.
For follow-1.d transactions with merchants and legal persons of
public law apply these terms, even if they do not in any case
explicitly and again in the contract decision.
2 offers, benefits and scope / implementation of contracts
2.a All offers of Camtu Trading understood as non-binding.
2.b appointed for Camtu Trading binding only insofar as they Camtu
Trading confirmed or an offer of Camtu Trading was presented and the
customer confirmed or instruction through the execution of the order of
Camtu Trading nachgekommmen will.
2.c The extent of the contractual benefits arises from the underlying offer or contract and its appendices.
2.d extent Camtu-trading services free of charge or pay benefits,
they can at any time. A reduction, refund or claim arises from the fact
not.
2.f For service contracts with Camtu Trading is the subject of
the order implementing the agreed performance, not a certain success,
unless, in each case was explicitly a certain success as the contract
was agreed.
2.G Camtu Trading must subsequent changes or extensions of an
order not accept. If this still can Camtu-trading agreement the absence
of other additional benefits under the current hourly rates of
established professionals bill.
2.H Camtu Trading is entitled to speak at the meeting
contractual obligations in whole or in part, carefully selected and
monitored agents to operate. Unless this happens, these agents are not
contractors of the customer.
3 completion and delivery dates, partial services
3.a In correspondence, contracts and tenders called completion or
delivery dates are not binding, if the liability in each case not
explicitly agreed in writing.
3.b Camtu Trading is not liable for delays that with careful
management are unavoidable, especially not for unforeseen delays due to
force majeure, technical problems such as equipment failure or
involuntary labor disputes. In other limited rights of the contracting
authority to delay the appropriate reduction of the agreed price or to
rescind the contract if the agreed performance due to special
circumstances because of the delay for the client would have no value,
unless the delay is based on intent or gross Negligence. The general
liability limitations remain unaffected.
3.c Camtu-trading is in any case be entitled to partial benefits.
4 copyrights, rights, source code, software
4.a Camtu-trading orders for programming and software development
are generally copyright works contracts, the granting of the right to
use work performance are addressed.
4.b All source code and software are subject, even as part of an
overall project benefits, the Copyright Act. The provisions of
copyright law apply even if the required pursuant to Section 2UrhG
Creation amount is not reached.
4.c without our consent, the works of authorship including
designation neither the original nor the amended reproduction. Each
imitation is inadmissible.
4.d Our programs and works only for the usage and the agreed
purpose and the agreed amount will be recovered. Lack an explicit
agreement is considered only purpose of the contract by the contracting
authority in ordering made apparent purpose. The right to work in the
agreed framework to use, acquire the client / exploiter with the
payment of the agreed fee.
4.e repetition (eg According edition) or multiple uses (eg for
another product) are charged: they require our consent, if this offer
is not otherwise described.
The transfer 4.f granted licenses to third parties requires our written consent.
4g over the extent of usage we shall have a right to information.
4.h The customer has no right to transfer raw data or source code.
Where 4.i programs or parts supplied include, for these customers
a simple disclosure of use, ie it must not copy this yet another use
for leave. A multiple usage requires a separate written agreement. For
violation of these rights to use the buyer is liable in full for the
damage.
4.j Camtu-trading software systems set certain conditions on the
einzusetzenden Web-Server/Computer ahead. These requirements may be the
characteristics of each software be removed.
5 charges, fees, prices
5.a suggestions and instructions of the principal technical,
design and other reasons and his other co have no influence on the fee,
they also do not justify Miturheberrecht, unless explicitly that this
has been agreed.
5.b Will work in parts delivered or extends the contract over a
longer period, it is an advance payment of 40% of the total
remuneration payable to the award of the contract unless otherwise
agreed.
5.c changes made by the contracting authority and emerge from
the original contract and tender conditions, are also taken into
account.
5.d The Camtu Trading published, offered or prices are calculated net, plus currently valid VAT.
5.e All prices are in Euro.
6 Terms of payment, payment arrears
6.a All invoiced amounts are payable immediately, unless otherwise
agreed. Payments are by direct debit or payment in advance before the
delivery of the goods or services to our account to be transferred.
6.b discount is not granted and in any case under the burden.
From 6.c in the event of a default, we are entitled to interest on
arrears amounting to 2% above the current discount of the Deutsche
Bundesbank to ask. Other claims remain unaffected.
6.d The customer may only with such claims, which recognized or are legally enforceable.
6.e The payment of the invoice is made by bank transfer or direct
debit to a business account Camtu-trading. Other payment methods,
especially bills, property, cash or transfer of assets to third parties
will not be accepted.
6.f If the customer for more than 30 days after the relevant
bill payment with the objective of paying a not inconsiderable part of
the compensation in arrears, can Camtu trading, the contractual
relationship for good reason without a time limit or terminate any
further assured performance freeze.
For 6.g payment reminders and warnings will be an additional fee of EUR 5.00 will be charged.
7 Retention of title, sending danger
7.a Camtu Trading retains ownership of the services delivered
until full payment of all of the business connection to the buyer or
incurred claims, of whatever kind and whatever legal ground before.
7.B At current account is the retained property as securing the
balance claim. In the withdrawal and the seizure of the reserved goods
by Camtu-trading is, unless the ex-payment law applies, no rescission
of the contract.
8 Warranty
8.a The client has the results to him immediately upon receipt of
defects to investigate. If the immediate objection manifest
shortcomings, the performance of Camtu trading as approved and warranty
claims are excluded.
8.b The warranty obligation Camtu Trading is limited initially
to repair within a reasonable period, which normally in a
re-implementation of the contested performance, or partial performance
exists. Is responsible for the subsequent involvement of the principal,
starts the period prior to this involvement is not to run. For purposes
of repair expenses required to pay Camtu-trading. If the repair from
Camtu trading to reasons not within a reasonable time, the client may
undo the contract or reduction of remuneration. The same applies if the
repair by Camtu Trading fails. For any further claims, the liability
limitation.
8.c If it emerges that repair work on the contracting authority
to circumstances go back, especially false information on hardware and
software environment, it will work prompted the client to the current
price additionally.
8.d All warranty claims barred six months from receipt of the
outcome of the contracting work and written acceptance of the product,
unless claims from tort claims are made or the law otherwise a longer
warranty period mandatory.
9 Liability limitation
9.a Camtu-trading is liable to the customer on whatever legal grounds only in accordance with the following provisions.
9.b damage claims of customers from positive breach and the breach
of obligations in contract negotiations are excluded, Camtu Trading is
not liable for lost profits, savings, damages resulting from claims by
third parties and other indirect and consequential damages.
9.c damages claims of the customer due to a default or
impossibility of performance of Camtu Trading is limited to the value
of that part of the service, which because of the impossibility of any
default or not, as the contract can be used.
Camtu trading closes an assurance of continuous availability and
claims for compensation, as long as the system failures with the utmost
care would not be able to avoid.
Furthermore Camtu trading closes a claim for the cases where
disturbances occurred in the trading of Camtu not to be represented and
/ or outside their area of responsibility lie. Further claims for
damages due to delay or justifiable (sub-) impossibility be limited to
typical damage.
In addition, a liability when delays and / or power outages due to
force majeure and / or not predictable, only temporary and not Camtu
Trading justifiable impairments, were achieved. Under such impairments
are particularly administrative orders, strikes, lockouts and
legitimate internal industrial action to understand. Furthermore, this
also includes the complete or partial failure to own performance
necessary communication and network structures and gateways from other
providers and operators.
9.d The limitations of liability in accordance with the above
clauses 9.b and 9.c do not apply to damages caused Camtu Trading
intentionally or through gross negligence has caused, not for the lack
of assured properties. They are also not responsible for losses
resulting from slightly negligent breach of significant contractual
obligations (cardinal obligations) incurred, and for liability under
the Product Liability Act and under section 7 TKV.
10 Exemption
10.a The customer agrees to Camtu trading in the internal
relationship (between Camtu-trading and customer) of all possible
third-party claims or lawsuits, the illegal acts of customers or
substantive errors of this available information. This is especially
true for copyright, privacy and competition law violations.
11 softwareentwicklung contracts, programming work
11.a For orders, in whole or in part, the wrapper of software by Camtu trading on the subject, is complementing the following:
11.B basis of the contractual obligations of Camtu trading, the
customer information to the desired functionality as well as to
existing hardware and software environment. Camtu Trading in no way be
liable for the accuracy and completeness of this information.
11.c In the case of contracts for software developed Camtu
trading on the basis of information provided by the customer (clause
11.B) solution in accordance with the principles and practice of the
state of science and technology and puts it into a workable program for
a computer.
11.d Camtu Trading liable for the functioning of the developed
software, but that their use at the customer's specific benefits or
results, in particular business nature, entails.
In 11.e contract terminations during the development period, no
matter for what reasons by the customer agreement is reached, none of
any claim to any payments made in advance, discounts or partial
payments.
12 Data Protection
12.a The customer is hereby agree that personal data (inventory
data) and other information that the user behavior (data link) (such as
date, number and duration of connections, access passwords, Up - and
downloads) by Camtu trading during the period the contractual
relationship be saved to the extent necessary to fulfill the contract
purpose, especially for billing purposes, is necessary. By storing
declared his consent. The inventory data collected and processed using
Camtu Trading also to advise its customers, advertising and market
research for its own purposes and design needs of its
telecommunications services. The customer can such a use of his data.
12.b Camtu Trading is committed to the customer upon request at
any time via the stored data, insofar as it relates to him, fully and
without charge to provide information. Camtu Trading is neither this
data nor the content of private messages to the customer without his
consent to third parties. This applies not only insofar as Camtu
Trading is legally obliged to prevent third parties, particularly
government agencies, such data to reveal the extent or internationally
accepted rules allow this and the customer does not disagree.
12C Camtu Trading instructs the customer specifically pointed
out that the data on open networks like the Internet under the current
state of technology is not fully guaranteed. The customer knows that
Camtu Trading on the Web page stored offer and possibly other data
stored there by the customer from a technical point of view anytime
access to it. Other participants at the Internet may be technically
capable of unauthorized into the network security to intervene and the
message traffic control. For the security of its data transmitted to
the Internet, the customer is therefore self-concern.
12.d The data will be commissioning a domain where this is
necessary also to the bodies, which for registration of the domain
claimed to be. This includes the publication of the Domain Name
Registration technically and legally necessary data in the public
register the domain awarding body, who in the context of a query
services to be published. Furthermore, if necessary, the data also for
everyone to the Whois database accessible to the RIPE NCC in Amsterdam
indicated. This concerns the following data: name, address, e-mail
address and telephone number of domain-holder, at the same time as
so-called AdminC is registered.
Camtu Trading also assured that the requirements of the
Teleservices Data Protection Act (TDDSG), the Federal Data (Data
Protection Act), the Telecommunications Act (TKG) and
telecommunications services companies Privacy Regulation (TDSV) in the
storage and use of data.
The customer will be made after the termination immediately
reintroduce cleared, but no later than the end of each calendar year in
which the termination was made.
14th Final Contract
The contract between Camtu-trading and the customer always comes
first through the adoption of the client application by Camtu-trading
agreement. Camtu Trading customers have the right to reject
applications without explanation.
Camtu Trading has the right to contract with the customer for
good reason to terminate, if this fault against him obligations in
these Terms fails.
The contract of hosting packages is at least 1 year and is
automatically extended for another year, if the customer fails to 4
weeks before announcing in writing.
15th Duties of customers from a hosting agreement (webspace)
a) labeling requirement.
The customer agrees to all content on its web pages (HTML
documents) are made public, as his own clearly marked (Imprint).
Precaution Camtu Trading has pointed out that for customers with a more
standardized statutory requirement for labeling exists, and as long as
the content of the pages of the customers under the responsibility
within the meaning of the Teleservices Act (TDG) or the Media Services
Treaty (MDStV) falls. Camtu Trading is used by the customer from all
claims arising from a breach of these statutory provisions optional.
b) compliance with the legal requirements for the trading of Camtu awarded hosting packages.
Homepages may not offer information on unlawful content or to
refer such. These include in particular information and
representations, the
- To racial hatred or offend other cruel or inhumane violence
against people in a kind of story, a glorification or trivialisation of
such violence or expresses the Cruel Inhuman or the process in a manner
which represents human dignity (Section 131 Penal Code)
- Glorify the war,
- Violence, the sexual abuse of children or sexual acts with animals of people have as their object (§ 184 para 3 Penal Code).
For content that under the law to protect minors or obviously fall
writings are capable of children or youths endanger morally difficult
to or affecting their welfare is through technical means or in any
other appropriate way to take precautionary that the transmission or
Note by adult users are not excluded.
The national and international copyright laws must be observed.
Content, goods or services which have as their object for which
the general laws of a particular business license is required, may only
be terminated if the user is in possession of a valid permit.
Infringements of the above points in the listed obligations and
justified considerable doubt on the legality of the content entered
Camtu Trading is entitled to the homepage immediately to the exclusion
of any damages the user to block.
Each user is responsible for the content under his domain to be
published. The user is liable for injuries to third parties themselves
and directly.
c) the accuracy of customer data
The customer-trading Camtu assured that all his data, both correct
and fully specified. If these changes occur inventory data, the
customer is obliged the corrected new data immediately to Camtu trading
to end.
d) confidentiality obligation in hosting contracts
The customer is obliged him to meet all and use of the contract
and provided the necessary passwords strictly confidential. If the
passwords used by third parties, commits itself to the customer, the
resulting costs and any damages to afford. Claims resulting from the
breach of this obligation by a third party proceedings, the customer
Camtu trading freely express.
e) E-mails
The customer commits itself explicitly to Camtu Trading no e-mails
to third parties who so wish not. This concerns in particular for
sending e-mails addressed with a high number, the so-called "spamming"
(or "spam" or "junk mail"). This also applies to the sending of such
mass mailings in chats and / or discussion forums.
f) The customer is committed to the operational behavior of the
server is not unusually high by stress or other means to disrupt.
Offering downloads of video files and software is only with the written consent of the provider allowed.
For listings with a certain data (eg 50 GB traffic included) downloads are allowed without prior approval.
16th Control Law Camtu trading at Webhosting contracts (webspace).
Camtu-trading is at irregular intervals at random by the customer
into the net by Web sites and at a reasonable suspicion of a possible
breach the customer immediately about this violation warning. Should
this call for the elimination or not immediately explain the legality
not / can prove reserves Camtu-trading before the contract to terminate
extraordinary. Pending a final clarification in this case by Camtu
Trading registered domain of the customer blocked.
17 breach of contract
14.a In a breach of the customer against one or more provisions of
these Terms is Camtu-trading for immediate termination without notice
entitled.
18 Applicable Law, fulfillment, Jurisdiction
18.a All contracts and transactions between Camtu-trading and
their clients are exclusively subject to German law, with the exception
of the provisions of German law, which otherwise law.
18.B fulfillment is the current headquarters of the Camtu-trading, currently Frankfurt am Main.
18.c exclusive jurisdiction for all claims arising from and above
Contracts and transactions, including checks and bills and all action
between the parties (Camtu Trading and merchants, as well as legal
persons of public law) resulting from disputes over the conclusion of
the liquidation or termination of the business relationship, is
Frankfurt am Main, Camtu Trading complaints can also place of residence
or office of the customer charge.
19 Final Provisions
20.a If one of the foregoing provisions of this Agreement be or
become ineffective, it affects the effectiveness of the remaining
provisions. Rather, in place of the ineffective provision, the purpose
of the agreement coming as close as possible replacement provision,
which the parties to achieve the same economic result would have agreed
if the ineffectiveness of the provisions would have known.
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