General Terms & Conditions
1. general terms and conditions for IT
1.1 Conclusion and content of the contract
The following General Terms and Conditions are an integral part of all contracts concluded. General or special terms and conditions of purchase of the customer are not binding for us, even if they are not expressly contradicted and the customer does not expressly declare his agreement to our terms and conditions. Additional agreements require the written confirmation of Paus Design & Medien GmbH & Co KG. Verbal collateral agreements are invalid. Unless otherwise agreed, prices are exclusive of VAT and other customary ancillary costs (such as packaging, transportation, insurance, support).
1.2 Warranty and disruption of performance
1.2.1 Paus Design & Medien GmbH & Co KG uses Internet services from partners and suppliers and operates its own Internet services with the greatest possible care. Nevertheless, it is possible that the online service may be temporarily unavailable or that access to the relevant databases may not be possible for technical reasons. Paus Design & Medien GmbH & Co KG accepts no liability for this, nor for the usability of the retrieved data for the user. The licensee alone is responsible for establishing the connection via the Internet to the servers of Paus Design & Medien GmbH & Co KG or suppliers and partners of Paus Design & Medien GmbH & Co KG.
1.2.2 Paus Design & Medien GmbH & Co KG does not assume any warranty for insignificant impairments in researching the content of the data that do not significantly impair the use of the database or other IT services provided. 1.2.3 Paus Design & Medien GmbH & Co KG shall rectify significant faults and errors in the contents and functions of the database at short notice and insignificant impairments within a reasonable period of time, or shall initiate appropriate measures. 1.2.4 Paus Design & Medien GmbH & Co KG may provide warranty by repair or replacement. If these fail, the participant is entitled to demand a corresponding reduction in payment or to withdraw from the contract, insofar as services to be provided on a permanent basis are affected.
1.3 Conformity with the contract of a service subject to acceptance
The customer is obliged to immediately check the contractual conformity of a service provided by Paus Design & Medien GmbH & Co KG that is subject to statutory acceptance and made available for acceptance. The inspection period shall be ten working days from notification of the provision of the service. The services of Paus Design & Medien GmbH & Co KG shall be deemed to have been accepted and provided in accordance with the contract if the customer does not notify Paus Design & Medien GmbH & Co KG in writing of any significant defects within this period. In the case of the installation and/or adaptation of software, only such defects shall be deemed to be significant which lead to a considerable restriction of the operational use of the software in such a way that a function is not executed at all or is executed so incorrectly that the intended effect cannot be achieved in any other acceptable way. Defects that do not restrict the use of the software at all or only slightly do not preclude acceptance.
1.4 Warranty
Paus Design & Medien GmbH & Co KG warrants that the results of the services to be provided under the contract meet the agreed requirements and are free from defects that nullify or significantly reduce their suitability for use in accordance with the contract. Defects that only insignificantly reduce the value or suitability of the results shall not be taken into account. An insignificant defect shall be deemed to exist in particular if it can be rectified quickly and with little effort by the customer himself. The customer can only assert rights due to defects if reported defects are reproducible or can be demonstrated by machine-generated output. Defects must be reported in writing in a comprehensible form, stating the information useful for identifying the defect.
1.5 Delays
A reasonable extension of agreed deadlines and dates shall apply if the customer fails to meet its obligations or, in particular, fails to provide specifications in good time. Paus Design & Medien GmbH & Co KG shall only be in default with its own performance obligations following a written reminder from the customer. There shall be no default if Paus Design & Medien GmbH & Co KG’s services are delayed because other companies involved in this project do not fulfill the services falling within their area of responsibility on time or properly, without Paus Design & Medien GmbH & Co KG being responsible for this. In such cases, Paus Design & Medien GmbH & Co KG may demand a reasonable postponement of the deadlines. If the cause of the delay in the provision of the service lies within the customer’s area of responsibility and this increases the expenditure for Paus Design & Medien GmbH & Co KG, Paus Design & Medien GmbH & Co KG can also demand compensation for this additional expenditure.
1.6 Liability; secondary rights
Strict liability under tenancy law for defects at the time of handover is excluded. Paus Design & Medien GmbH & Co KG shall be liable for damages due to injury to human body, life or health in accordance with the statutory provisions.
Paus Design & Medien GmbH & Co KG shall only be liable for other damages if the damage was caused intentionally or through gross negligence. In addition, Paus Design & Medien GmbH & Co KG shall be liable for damages caused by slightly negligent breach of essential contractual obligations (cardinal obligations) or breach of contractual guarantees or warranties. In these cases, however, liability shall be limited to compensation for foreseeable damage typical of the contract, up to a maximum of EUR 5,000.
The customer can only claim damages instead of performance, reimbursement of expenses or withdrawal from the contract after he has previously set Paus Design & Medien GmbH & Co KG a reasonable deadline for performance or subsequent performance with the declaration that he will refuse performance or subsequent performance after the deadline has expired and the performance or subsequent performance has not taken place within the set deadline.
Insofar as the contractual service of Paus Design & Medien GmbH & Co KG includes the storage of data for the licensee, the licensee is obliged to make his own weekly data backups by retrieving a complete copy of the data. In this respect, in the event of data loss, Paus Design & Medien GmbH & Co KG is only obliged to compensate for the damage that would have occurred if the data had been properly backed up.
Liability for the content of the respective customer portals, e.g. licenses for image rights and fonts, compliance with distance selling laws, lies exclusively with the operator or customer of Paus Design & Medien GmbH & Co KG. Paus Design & Medien GmbH & Co KG is expressly indemnified by the operator and customer against any possible claims by third parties.
1.7 Rights of use to software
The customer may use any software exclusively for his own purposes or for the purposes of third parties as agreed in the contract.The customer may only transfer software to third parties or grant access for use if he has received express written consent from Paus Design & Medien GmbH & Co KG. All rights to software solutions, in particular copyrights, property rights and rights of use, remain with Paus Design & Medien GmbH & Co KG, or suppliers and partners of Paus Design & Medien GmbH & Co KG, unless such rights are expressly granted to the customer by contract.The customer acknowledges that the programs produced, made available and/or supplied by Paus Design & Medien GmbH & Co KG or its partners and suppliers, including user documentation, are protected by copyright and that they constitute trade secrets of Paus Design & Medien GmbH & Co KG.
1.8 Terms of payment
Unless other payment agreements have been made, invoices from Paus Design & Medien GmbH & Co KG are due immediately and must be paid within 10 days without deduction. The customer is prohibited from offsetting his own claims unless these are undisputed or have been legally established.
Bills of exchange shall only be accepted after prior agreement and on account of performance and subject to the possibility of discounting.If payment is made in bills of exchange, checks or other payment instruments, the customer shall bear the costs of discounting and redemption, unless expressly agreed otherwise.Payment shall only be deemed to have been made when Paus Design & Medien GmbH & Co KG has been credited. A processing fee of € 10 shall be charged in the event of a chargeback.
1.8.1 Paus Design & Medien GmbH & Co KG is not liable for infringement of patents, licenses or third-party property rights through use of the software or components or content provided. The user/buyer is obliged to check the rights independently. Paus Design & Medien GmbH & Co KG is expressly indemnified by the operator against any possible claims by third parties.
1.9 Contract term and termination
1.9.1 The contract is valid for an indefinite period and can be terminated by either party at the end of a month.
1.9.2 All offers are subject to change. Paus Design & Medien GmbH & Co KG expressly reserves the right to reject orders.It will inform the customer of this immediately.
1.9.3 Paus Design & Medien GmbH & Co KG may terminate this contract extraordinarily and without notice if the participant fails to fulfill essential contractual obligations. This right exists in particular if the participant jeopardizes the quality standard of Paus Design & Medien GmbH & Co KG, e.g. by posting illegal content.
1.9.4 An extraordinary right of termination also exists if the discontinuation of the platform, services or software of Paus Design & Medien GmbH & Co KG or its suppliers or partners becomes necessary for technical or economic reasons. In this case, the participant’s obligation to pay remuneration shall also end.
1.9.5 Paus Design & Medien GmbH & Co KG may unilaterally terminate the contract if the outstanding items are not settled after the payment period of 10 days and a payment reminder.
1.9.6 Withdrawal from the contract must be made in writing.
1.10 Remuneration
1.10.1 The price list or service offer published by Paus Design & Medien GmbH & Co KG at the time the order is placed shall apply. We reserve the right to change the rates.
1.10.2 Paus Design & Medien GmbH & Co KG’s entitlement to payment shall arise with the creation of print files and/or the ordering of merchandise within the service package.
1.10.3 Paus Design & Medien GmbH & Co KG shall invoice the customer for the fee.
This shall be settled by direct debit 10 days after the invoice date. In special cases, the invoice can also be issued without a direct debit with a payment period of 10 days.
1.10.4 Objectively justified doubts about the solvency of the client shall entitle Paus Design & Medien GmbH & Co KG to make further orders already booked by the client dependent on the advance payment of the remuneration and on the settlement of outstanding invoice amounts.
1.11 Place of fulfillment and jurisdiction
The place of performance and place of jurisdiction for merchants for all liabilities arising from the contract is Bocholt. The contractual relationship shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, the parties are additionally entitled to take legal action at the general place of jurisdiction of the other party.
Data protection notice
Paus Design & Medien GmbH & Co KG collects, processes and uses personal data of a user without further consent only to the extent necessary for the establishment and execution of the contract and for billing purposes. Further data is only viewed and, if necessary, processed for the purpose of customer support.
The user’s name, address, telephone number, e-mail address and bank details as well as access IDs are generally required to establish and process a contractual relationship (inventory data).
This data is usually collected in electronic order forms.
If the usage data is required for billing purposes (billing data), it is stored for a maximum of six months after the invoice has been sent, and beyond that only if and for as long as the user raises objections to the invoice or does not pay the invoice despite a request for payment. If the data is required to fulfill existing legal, statutory or contractual retention periods, Paus Design & Medien GmbH & Co KG will block the data.
Paus Design & Medien GmbH & Co KG may transmit billing data to other service providers and third parties insofar as this is necessary to determine the fee and for billing the user. If the relevant requirements are met, Paus Design & Medien GmbH & Co KG is entitled to collect, process and use the personal data required to detect and prevent unlawful claims and to enforce its claims against the user. If necessary in individual cases, Paus Design & Medien GmbH & Co KG is entitled to collect, process and use the inventory and connection data of the parties involved in order to detect, limit and eliminate faults and errors in communication systems.
Paus Design & Medien GmbH & Co KG is entitled to provide information to law enforcement authorities and courts for the purposes of criminal prosecution in accordance with the applicable provisions. Upon request, Paus Design & Medien GmbH & Co KG shall provide the user with information about the personal data stored about him/her free of charge and without delay. The information can also be provided electronically at the user’s request.
