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Terms and Conditions

Terms and Conditions

(1) Contractual partner 
The contractual partner for the creation of the homepage is Masterhomepage GmbH

(2) Subject matter of the terms and conditions:
The homepage is an electronic publication of several pages with text, photos, and graphics on the internet. The content of the business homepage relates to offers, products, or services that you distribute. The scope and price of our services are defined in the written order you have placed.

(3) Conditions for use
The condition for your use of the homepage is the regular payment of the resulting domain fees, the hosting fees and, if changes are commissioned, these invoices. 

(4) Scope of use
The homepage provides you with electronic media on the Internet to present yourself and your products to the public, to inform about products and to sell them.

(5) Copyright
The contractor's statutory copyright in his work is inalienable. The contractor is entitled to affix his company name, including the associated corporate design, to each object he designs and executes in an appropriate size.

(6) Cooperation partners
The Contractor is entitled to have the contract carried out (in whole or in part) by expert, employed staff or commercial/freelance cooperation partners.

(7) Payment Terms
Unless otherwise agreed in writing, payment of the total amount for the website creation order is due as follows: Fifty percent of the invoice amount upon placement of the order and fifty percent of the invoice amount upon completion of the website. Subsequent changes will be paid in full upon completion.

(8) Contract Duration and Termination of Hosting
The agreement is for an indefinite period and begins on the date of order placement. The customer may terminate the contract in writing up to one month before the end of the agreed 12-month period. Otherwise, the contract will automatically renew. Payment is always due for a full 12 months and will be invoiced at the beginning of the term. Pro-rata refunds are not possible in the event of termination. We may terminate the contract without notice in writing at any time if you fail to comply with your obligations under clauses 3 and 7 of this agreement. This does not affect our right to claim damages.

(9) Taxes and Fees
We are not responsible for any taxes or fees that may arise in connection with any use of the website. You agree to assume full responsibility for such taxes or fees.

(10) Warranty
10.1. The contracting parties agree that the internet is neither owned nor controlled by anyone. Therefore, we cannot guarantee that every internet user will have access to the website at all times.
10.2. We guarantee that the website will function as intended under the contract and in accordance with the descriptions provided to you. This applies in particular to warranted features. In the event of significant deviations from the specifications, we are entitled and obligated to remedy the defect within a reasonable period. You must provide us with usable documentation regarding the nature and occurrence of such deviations. The warranty does not extend to defects caused by deviations from the intended operating conditions. The obligation to remedy the defect expires 12 months after the start of the agreement.
10.3. If we are unable to remedy the significant deviations from the specifications within a reasonable period, or to circumvent them in such a way as to enable you to use the website as intended under the contract, you may demand an appropriate reduction in the purchase price.

(11) Limitations of Liability
11.1. You expressly agree that you use the hosting at your own risk. Neither we, nor our employees, nor any other persons or companies associated with the website guarantee that the server will be uninterrupted or error-free. We make no warranties regarding the results achieved through the use of the website, nor regarding the accuracy, usability, or content of any information disseminated through the website.
11.2. Under no circumstances, including negligence, shall we, our employees, or any other persons or companies associated with the website be liable for any direct or indirect damages (including consequential damages) arising in connection with the use or unavailability of the web service.
11.3. We are not liable for lack of commercial success, direct and indirect damages, or consequential damages arising from third-party claims.
11.4. Each contracting party's total liability for damages attributable to it is limited to the amount of the respective order fee. These limitations of liability do not apply to damages caused by intent, personal injury, or damages resulting from infringement of third-party copyrights.

(12) Lawful Use
You may only use the website in accordance with applicable laws. The transmission of material that violates any law is prohibited. This expressly includes, but is not limited to, copyright infringements, pornography, or trademark infringement. The client is solely responsible for the content of the website. The hosting customer is responsible for ensuring that their own website (including scripts, databases, programs, etc.) does not impair the websites or services of other customers and does not affect server stability, performance, or availability in any way. Sending mass emails (spam) that jeopardize the server's operational stability is prohibited. If the customer uses their own scripts (Perl, PHP, etc.) that require excessive resources or do not function correctly, Masterhomepage reserves the right to revoke the execution rights for such scripts. The customer agrees to use the server only as instructed by Masterhomepage and is liable for all damages caused to Masterhomepage or other users on the server through improper use. The customer is responsible for ensuring that the software used is up-to-date and that all security updates are always installed. No software may be used that is no longer supported by security updates; otherwise, Masterhomepage GmbH reserves the right to take the website offline.

(13) Invalid Contractual Provision
Should a contractual provision or a provision in the General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions of the contract or the General Terms and Conditions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely approximates the intended purpose of the invalid provision. This shall apply mutatis mutandis in the event of a gap in the regulations.

(14) Age
The customer confirms that he or she is at least 18 years old. For minors, the signature of a parent or guardian is required. 

(15) Miscellaneous
15.1. The law of the country in which our company headquarters is located shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), even if the order is placed from abroad or delivery is made abroad. If the customer is domiciled or habitually resident abroad, the place of our company headquarters shall be the place of jurisdiction for all claims arising in connection with the order or service. We are also entitled to bring legal action at your general place of jurisdiction.
15.2. The customer is only entitled to set-off or reduction if their counterclaims have been legally established or if we have acknowledged them in writing. The customer is only entitled to withhold payment to the extent that the claims are based on the same contractual relationship.
15.3. In the case of commission payments, the social security and tax accounting is the sole responsibility of the commission recipient.

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