Terms of Service
The general terms and conditions are part of the respective contract with: Kanta Babette Glaser – Wundtstr. 62 – 14057 Berlin (hereinafter referred to as “kantaberlin.de“). kantaberlin.de takes over the implementation of the services specified in the order exclusively on the basis of these terms and conditions. Other contractual conditions do not become part of the contract, even if kantaberlin.de does not expressly contradict them. Deviating regulations require written confirmation by kantaberlin.de.
2. Prices and Offers
All prices of the prices published by kantaberlin.de are subject to change and non-binding. All prices are exclusive of the applicable statutory sales tax (currently 19%) on the day of invoicing. Individual offers from kantaberlin.de lose their validity after 1 month from the date of creation.
3. Conclusion of the contract
A contract is concluded after the order (offer) placed by the customer in writing, verbally or electronically (fax, e-mail) with the order confirmation from kantaberlin.de to the customer (acceptance) and according to its content.
4. Commissioning Third Parties
(1) Web maintenance contracts come into force with the conclusion of the contract (see point 3). (2) Web maintenance contracts can be canceled at the earliest at the end of the first period of use. The termination must be received by kantaberlin.de in writing, unless otherwise specified in the contract – at least two months before the end of the period of use. (3) If no notice of termination is given up to at least two months before the end of the usage period, the contract is automatically extended for a further twelve months.
5. Web maintenance contracts
(1) Web maintenance contracts come into force with the conclusion of the contract (see point 3).
(2) Web maintenance contracts can be canceled at the earliest at the end of the first period of use. The termination must be received by kantaberlin.de in writing, unless otherwise specified in the contract – at least two months before the end of the period of use.
(3) If no notice of termination is given up to at least two months before the end of the usage period, the contract is automatically extended for a further twelve months.
6. Acceptance / warranty
(1) The customer is obliged to examine the services of kantaberlin.de and to report defects in writing or orally. The same applies to correction templates. Other defects must also be reported to the company immediately in writing if they are to be improved.If no defects are reported in writing, the services provided are considered approved.
(2) After the print or online approval has been granted, the customer can no longer refer to defects in the approved correction template that he has not been notified of in writing.
(3) kantaberlin.de assumes no liability for the correct reproduction of the customers website on the website, unless kantaberlin.de can be charged with willful intent or gross negligence. This applies in particular to content that the customer can change without the help of kantaberlin.de, e.g. through a content management system.
7. Use by Third Parties
(1) Direct or indirect use of the kantaberlin.de services by third parties is the responsibility of the kantaberlin.de customer.
(2) The customer must properly instruct third parties in the use of the services.
(3) The customer must also pay the fees that have arisen within the scope of the access and use options and use of his data made available to him through authorized or unauthorized use of the kantaberlin.de services by third parties.
(4) For the misuse of the services offered by kantaberlin.de to the customer by third parties, kantaberlin.de assumes no liability, unless kantaberlin.de is accused of intent or gross negligence in this regard.
8. Payment terms
(1) All payments (see Paragraph 2) are due 14 days after the invoice date.
(2) Notwithstanding Paragraph 1, the terms of payment on the invoice form may result in something different.
(3) To secure the total amount, kantaberlin.de is entitled to demand an advance payment of 25% of the total invoice amount before the service is provided and to refuse to provide the service until the advance payment has been made.
(4) In the event of default in payment, the statutory default interest (8 percentage points above the base rate; comparison with Section 288 (2) of the German Civil Code) will be charged and the reminder costs will be billed separately. If kantaberlin.de incurs a higher interest loss in a specific case, this must be reimbursed upon proof.
(5) The extrajudicial and / or judicial costs incurred by the kantaberlin.de default in payment are to be reimbursed by the customer.
(6) Before final and full payment of the due invoice amounts including default interest, kantaberlin.de is not obliged to provide any further performance under the contract.
(7) If the customer is in arrears with payment by more than 3 months, kantaberlin.de is entitled to take the customers side (s) that are related to the payment amount still due for access by third parties from the Internet and to inform the customer of the costs incurred for this To issue an invoice. In this case, kantaberlin.de is entitled to remove the customer’s data from the Internet immediately and without prior notification and to discontinue the service.
(8) Payments are always used to settle the oldest due debts plus the default interest accrued on them.
(9) If direct debits are reversed, a flat-rate processing fee of EUR 5.00 will be charged in addition to the bank charges incurred.
9. Right of set-off and retention, delay in performance, reimbursement, termination
(1) The customer can only offset claims from kantaberlin.de with undisputed or legally established claims. The customer is only entitled to assert a right of retention for counterclaims based on the same contractual relationship.
(2) Delays in delivery and services due to force majeure and due to unforeseeable events that make the services significantly more difficult or impossible for kantaberlin.de and over which kantaberlin.de has no influence are not considered by kantaberlin.de, even with bindingly agreed deadlines and dates to represent, except kantaberlin.de can be charged with intent or gross negligence in this regard. Force majeure and an unforeseeable event exist in particular in the case of strikes, lockouts, official orders, the failure of communication networks and gateways of other operators, disruptions in the area of the services of Deutsche Telekom or other network operators, etc., even if they are with suppliers or subcontractors of kantaberlin.de or their sub-suppliers, subcontractors or the operators of sub-node computers (POPs) authorized by kantaberlin.de. You entitle kantaberlin.de to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time.
(3) In the event of service failures due to a disruption outside the area of responsibility of kantaberlin.de, no reimbursement of fees will be made, unless kantaberlin.de receives a corresponding reimbursement from third parties. Otherwise, downtimes will only be reimbursed if kantaberlin.de or one of its vicarious agents caused the error intentionally or through gross negligence and the downtime extends over more than one working day.
(4) If such a hindrance lasts longer than two weeks, the customer is entitled to reduce the agreed fee from the time the hindrance occurs until it is removed.
10. Use of customer material / Content / Copyright
(1) Insofar as the customer participates in the design, in particular provides material or approves the template for correction, he guarantees that the content does not violate applicable law and guarantees that a corresponding permission for use (e.g. license for the corresponding content) is available. In particular, the customer is responsible for the civil law, above all competition law, criminal law and public law harmlessness of the services shown and provided by kantaberlin.de.
(2) The customer exempts kantaberlin.de from claims by third parties that are raised on the occasion of the contractually agreed services. This applies in particular to competition, copyright, trademark and other rights from intellectual property. Should such third party claims be raised against kantaberlin.de, the customer undertakes to reimburse kantaberlin.de for the costs of legal interests. Any license or usage fees are paid by the customer and kantaberlin.de is expressly released from such payments.
(3) If third parties make claims against kantaberlin.de on the occasion of the services provided, kantaberlin.de is entitled to take the customer’s data from the Internet immediately and without prior notification until it has been legally clarified. Remuneration claims from kantaberlin.de remain unaffected. Any costs of the new installation are borne by the customer.
(4) The posting of erotic, pornographic, extremist or morally offensive content is not permitted within the scope of the services of kantaberlin.de. kantaberlin.de is entitled to delete the aforementioned content immediately without separate notification. kantaberlin.de expressly declares that it is not ready to create pages with criminal and / or politically extreme and / or the dignity or honor of third parties, even if there is no actual legal violation.
(5) When integrating specially requested animations, apps, scripts, textures, etc., the respective copyrights of third parties in accordance with the above-mentioned provisions must also be observed.
11. Confidentiality and Data Protection
(1) The customer is hereby informed in accordance with Section 33
(1) of the BDSG that kantaberlin.de will process its address in machine-readable form and for tasks arising from the contract.
(2) Insofar as kantaberlin.de uses third parties to provide the services offered, kantaberlin.de is entitled to disclose the participant data if this is necessary to ensure operation.
(3) kantaberlin.de guarantees that all persons entrusted by kantaberlin.de with the execution of this contract know and observe the relevant data protection regulations in their currently valid version. The customer, for his part, is not entitled to use the kantaberlin.de services to obtain data and information that is not intended for him or the third party.
(4) kantaberlin.de will handle the customer data communicated in connection with the business relationship as well as all other data in accordance with the relevant data protection regulations.
12. Delivery Date
(1) The delivery date agreed between the customer and kantaberlin.de is non-binding, unless otherwise expressly agreed in writing and the delivery date has been guaranteed to be binding.
(2) If customer materials / information (documents, images, graphics, access data, etc.) are required for the proper provision of services and these are not made available on time, the agreed delivery date on the part of kantaberlin.demay be delayed accordingly, unless otherwise the customer provides evidence that the timely provision of the service was possible even without these materials / information. The customer is obliged to provide appropriate evidence of the timely delivery of the necessary customer materials.
(1) The customer undertakes to provide the materials required to provide the services, such as text documents in written or electronic form, images, graphics, etc. If these materials are not provided or not provided in good time, the delivery date (see point 13 .) or change the scope of the services without the customer being entitled to a price reduction.
(2) Materials in electronic form must be made virus-free by the customer. Any damage attempted to kantaberlin.de through faulty / contaminated files must be reimbursed by the customer.
(3) In the case of an order to „upload“ (transfer to the server) the services by kantaberlin.de, timely transmission of the access data (via FTP) by the customer is necessary. Before starting work, kantaberlin.de must be informed about the special features of the server (e.g. no possibility of setting sub-folders).
(1) kantaberlin.de undertakes to carry out the order properly. Both programming in the corresponding programming languages and creation with customary design programs and legibility with customary user programs are to be regarded as professional.
(2) The services are checked by kantaberlin.de prior to publication with Microsoft Internet Explorer, Firefox and Safari for function and appearance and, if necessary, reworked. The customer is aware that there may be visual differences and functional restrictions on other or older browsers.
kantaberlin.de is entitled to insert its link on the website it has created (footer area or in the imprint). Furthermore, the customer can grant kantaberlin.de the right to use the created services as a reference.
16. Copyrights / Property Rights
Copyrights / Property Rights of kantaberlin.de remain unaffected by the services that are provided to the customer and are not transferred to the customer, even in the case of a legal possibility of transfer, unless expressly agreed otherwise in writing.
17. Disclaimers of Liability
(1) kantaberlin.de, its legal representatives, vicarious agents and any commissioned third parties are only liable with regard to claims for damages due to impossibility, delay, positive breach of claims, negligence in contract negotiations and tortious acts, if there is intent or gross negligence. The liability for guaranteed properties remains unaffected.
(2) kantaberlin.de assumes no liability for direct or indirect damage due to technical problems, server failure, data loss, transmission errors, data insecurity or other reasons, unless intent or gross negligence can be proven.
(3) No liability is assumed for data, lost profit or other indirect or consequential damage, unless there is intent or gross negligence.
(4) In cases of intent and gross negligence, the amount of the compensation is limited to the amount of the contract.
(5) The use of the services of kantaberlin.de takes place under the aforementioned restriction (see point 15. Execution). In particular, it relates to the functionality of the services). kantaberlin.de is not liable for the correct functioning of infrastructures or transmission paths of the Internet. Claims for damages are excluded in this regard as well as in the case of delays / prevention of performance, which occur due to force majeure or occur due to inevitable events that make performance considerably more difficult or impossible for kantaberlin.de and for which kantaberlin.de is therefore not responsible (see point 8 Paragraph 2).
(6) Except in cases of gross negligence and willful misconduct, kantaberlin.de is not liable for the loss of data from the materials provided, the content of the services, disruptions within the Internet, disruptions to the respective server operation, success in entry in search engines and business directories, the revision of the page (s) by the customer and damage or disruptions caused by harmful computer programs (including Trojans, viruses) and attacks by computer hackers.
(7) kantaberlin.de is not liable for the information transmitted about its services, namely neither for its completeness, correctness or topicality, nor for the fact that it is free of third-party rights or that the broadcaster acts unlawfully by transmitting the information except kantaberlin.de can be charged with intent or gross negligence in this regard.
(8) The customer is liable for all consequences and disadvantages that kantaberlin.de or third parties arise from the improper or illegal use of the kantaberlin.de services or from the fact that the customer does not meet his other obligations.
(9) The liability of kantaberlin.de for damage to life, body or health is not affected by the above regulations.
18. Sending Newsletters
(1) The names of companies, products or services mentioned in the newsletter may be trademarks or service marks of these companies or third parties and are subject to copyright or patent protection. They are not specially marked. kantaberlin.de publishes this newsletter, but is not responsible for its content.
(2) The copyright for the articles lies with the respective authors. The reproduction or use of the articles, or parts thereof, in electronic or printed form without the permission of the authors is prohibited.
(3) There is no connection whatsoever with the named companies and persons, unless otherwise stated. The opinions expressed in the articles in the newsletter do not necessarily reflect the opinion of kantaberlin.de.
(4) kantaberlin.de assumes no liability for the topicality, correctness, completeness and quality of the information provided in the newsletter. Liability claims against kantaberlin.de Design, which refer to material or immaterial damage caused by the use or non-use of the information provided or the use of incorrect and incomplete information, are fundamentally excluded. Furthermore, kantaberlin.de assumes no liability of any kind for possible copyright infringements on the part of the authors of the published articles. This does not apply if kantaberlin.de can be charged with intent or gross negligence.
19. Final Provisions
(1) The place of performance is Berlin. The exclusive place of jurisdiction for all claims from and based on contracts that are concluded on the basis of these terms and conditions, including action for checks and bills of exchange as well as all disputes between the parties about the conclusion of the contract is Berlin. kantaberlin.deis also entitled to sue the customer at his general place of jurisdiction. Only material German law applies.
(2) Oral side agreements and agreements or side conditions that contradict the above terms and conditions are not valid unless kantaberlin.de has expressly agreed to them in writing. Changes and ancillary agreements to these terms and conditions must be made in writing. Neither of the contracting parties can invoke a permanent exercise that deviates from these terms and conditions in addition to or outside of these terms and conditions. There are no other agreements or side agreements outside of these terms and conditions, in particular verbal agreements.
(3) Deviating provisions from the customer, which kantaberlin.de does not recognize in writing, do not apply, even if kantaberlin.de does not expressly object.
(4) Should a provision of this contract be ineffective, the effectiveness of the remaining provisions will not be affected. The parties undertake to replace the ineffective provision with an effective provision that comes as close as possible to this provision.
(5) The legal successors of the kantaberlin.de customers are also bound by the obligations from contracts that are concluded on the basis of these terms and conditions.
Kanta Babette Glaser
14057 Berlin / Germany