Servi-MAXX - Randolph van Cleef
Owner: Randolph van Cleef
1 subject of Regulation
1.1 The following General Terms and Conditions apply to all legal transactions of Servi-MAXX, hereinafter referred to as "Provider", with its commercial contractual partners, hereinafter referred to as "Customer". Deviating general terms and conditions of the customer do not apply.
1.2 The respective services and deliveries shall be specified in a separate contract with the associated service description.
1.3 Orders are only considered accepted when they have been confirmed in writing by the Provider.
2.1 The amount of the remuneration as well as the invoicing mode depends on the respective contractual agreement. Invoices of the provider are due for payment without any deduction within 6 days after the invoice is issued. The customer is in default 30 days after receipt of the invoice or by reminder or, if the time of payment is specified in the calendar, by non-payment at the agreed time. As of the occurrence of default, the provider is entitled to default interest in the amount of 5 percentage points above the base interest rate, unless the customer proves that the provider has incurred a lower interest loss. This shall not affect the right to assert any further damage caused by Default.
2.2 If the customer modifies or cancels orders, work, planning and the like or changes the conditions for the provision of services, he shall reimburse the provider for all costs incurred thereby and release the provider from all liabilities towards third parties.
2.3 The offer includes the one-time installation of the contents supplied by the customer. In the event that the customer subsequently corrects the content of texts and images delivered and already inserted into the website, this correction shall be deemed to be author's correction and can be charged additionally.
2.4 If the customer withdraws from the contract before the start of order processing, the provider can demand an appropriate part of the agreed remuneration as a cancellation fee.
2.5 The provider can issue interim invoices for his services rendered.
2.6 The provider can charge 5 Euro reminder fees for reminders/reminders.
3. Performance period
Agreed service and delivery dates shall be extended in each case by the period in which the provider is prevented from providing the service due to circumstances for which he is not responsible. The same applies to the period during which the provider waits for information or cooperation from the customer.
4. cooperation of the customer
4.1 The offer includes the one-time installation of the contents. The customer provides the content to be integrated into the website, in particular all texts, images, graphics, logos and tables to be integrated in the required file format. In the event that the customer does not provide the content at all or only incompletely, the provider can set a deadline for delivery and after expiry of this deadline issue a partial invoice for the services rendered so far.
Upon request, the customer will be given a server provider on which the website can be made accessible after completion. The resulting follow-up costs will be invoiced to the customer.
In the case of an existing server, the customer shall inform the provider of the server (hoster, provider) on which the website is to be made accessible to him after completion.
4.2 The customer shall provide the provider with all other documents and information necessary for the performance of the contractual Services.
.3 The provider points out that it is not part of his scope of services to check the material provided by the customer as to whether it violates applicable law, in particular copyright law. If the customer has any doubts as to whether the use of the material is legal, the customer will be given the contact details of a lawyer who can check the question for him.
5.1 The provider is liable for material defects and defects of title in accordance with the statutory provisions.
5.2 The provider is liable up to the amount of the order amount.
5.3 If the liability of the provider is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.
5.4 The provider is not liable for the loss of customer data, the provider is not obliged to keep customer data after the creation of the Website.
5.5 Servi-MAXX guarantees that the licensed objects correspond substantially to the contractual agreement. Warranty claims do not exist in case of an insignificant deviation from the agreed or presumed quality and in case of only insignificant impairment of usability. For updates, upgrades and new version deliveries, the warranty is limited to the innovations of the update, upgrade and new version delivery compared to the previous version.
5.6 Changes or extensions to services which the customer himself carries out or which are carried out by third parties render Servi-MAXX's warranty void, unless the customer proves that the changes or extensions are not the cause of the defect. Servi-MAXX is also not liable for defects that are due to improper operation by the customer.
5.7 The limitation period for defects is 12 months. The limitation period shall commence upon delivery or installation or integration of the first copy of the licensed item. In the event of delivery of updates, upgrades and new versions, the warranty for these parts shall commence upon delivery, installation or implementation into the IT system.5.8 Defects are to be notified in writing by qualified, comprehensible descriptions of the error symptoms, by written records, hard copies/screenshots or other documents illustrating the defects. The notice of defects must enable the reproduction of the defect. If the customer demands subsequent performance due to a defect, Servi-MAXX has the right to choose between subsequent improvement, replacement delivery or replacement performance.
6.1 Acceptance dates shall be determined by mutual agreement of the parties during the course of the project. The provider is entitled to present individual services to the customer for partial acceptance.
6.2 As soon as the provider has provided the service or partial service, the customer will carry out a functional test within two weeks and inform the provider in writing about the result of the functional test, in particular about obvious defects that occur. If the customer does not report any obvious defects to the provider within this period or takes the service of the provider into use, acceptance is deemed to have been granted.
6.3 The provider shall remedy or otherwise remedy defects that occur during the functional test and are relevant to acceptance within a reasonable period of time. The relevant functional test must then be repeated. Acceptance may not be refused due to insignificant deviations of the service from the service description.
7. final provisions
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must inform us (Servi-MAXX Randolph van Cleef, Käthe-Kollwitz-Str. 36, 50181 Bedburg, telephone number: 02272/838538, fax number: 02272/838539, e-mail address: firstname.lastname@example.org) of your decision to cancel this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
Sample withdrawal form
Servi-MAXX Randolph van Cleef
Telefax number: 02272/838539
E-mail address: email@example.com- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)_________________________________
Ordered on (*)/received on (*)________________________________
Name(s) of consumer(s) __________________________________
Address of consumer(s) _____________________________________________________________________________
Signature(s) of consumer(s) (only if communicated on paper)___________________________
(*) Delete as appropriate.
7.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, Bergheim shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. The exclusive place of jurisdiction Bergheim shall also apply to all customers domiciled in other European countries.
7.3 A set-off or the assertion of a right of retention by the customer is only permissible with recognised or legally binding counterclaims.
7.4 Should individual provisions of this contract be invalid or lose their validity due to a later circumstance, the validity of the rest of the contract remains unaffected.
Consumer information on online dispute resolution according to Regulation (EU) No. 524/2013: Under the Regulation on online dispute resolution in consumer matters, an online dispute settlement platform of the EU Commission is available at ec.europa.eu/odr. Contact by e-mail: firstname.lastname@example.org
Servi-MAXX will not participate in a dispute settlement procedure before a consumer arbitration body within the meaning of the VSBG and is not obliged to do so. The duty to provide information pursuant to § 36 VSBG in the event of non-participation in dispute resolution proceedings before a consumer arbitration body is fulfilled by the use of the aforementioned reference in the General Terms and Conditions and/or website.
8. final provisions
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
8.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, Bergheim shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship. The exclusive place of jurisdiction for Bergheim shall also apply to all customers domiciled in other European countries.
8.3 A set-off or the assertion of a right of retention by the customer is only permissible with recognised or legally established counterclaims.
8.4 Should individual provisions of this contract be ineffective or lose their effectiveness due to a circumstance occurring at a later date, the effectiveness of the rest of the contract shall remain unaffected. Consumer information on online dispute resolution in accordance with Regulation (EU) No. 524/2013: Within the framework of the Regulation on Online Dispute Resolution on Consumer Matters, an online dispute resolution platform of the EU Commission is available to you at ec.europa.eu/odr. Contact by e-mail: email@example.com.
8.5 Servi-MAXX will not take part in a dispute resolution procedure before a consumer arbitration board within the meaning of the CDB and is not obliged to do so. The duty to inform according to § 36 VSBG in case of non-participation in dispute resolution proceedings before a consumer mediation body is fulfilled with the use of the aforementioned reference in the general terms and conditions and/or website.
8.6 The contract text is stored by Servi-MAXX after contract conclusion. This cannot be made available to the customer again after conclusion of the contract. It is therefore recommended that the customer carefully stores the contract text sent to him by e-mail. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code), the statutory liability for defects applies. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law within the meaning of Section 310 (1) of the German Civil Code (BGB), liability for defects shall be governed by Section VII of our General Terms and Conditions (see above).
Status of the AGB: October 2018