Terms of Service

§ 1. General

(1) The following general terms and conditions apply to all contracts and services of the Platzona UG (haftungsbeschränkt), Herzbergstr. 141-146, 10367 Berlin (below: "Platzona"), to their customers (below: "Customer"). In their respective version, they are also considered a framework agreement for future contracts for services with Platzona, without having to refer to Platzona again in individual cases; In this case, Platzona will immediately inform the customer about changes to the general terms and conditions.

(2) Insofar as “customers” are mentioned in these terms and conditions, this means both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB.

 (3) Deviating regulations and terms and conditions of customers do not apply, unless Platzona has agreed in writing. This consent requirement applies in any case, for example, even if Platztona, knowing the customer's terms and conditions, does the service without reservation. In individual cases, agreements made with the customer (including side agreements, additions and changes) always have priority over these general terms and conditions. A written contract or the written confirmation of Platzona is decisive for the content of such agreements. Legal explanations and advertisements and advertisements that must be submitted to the customer after the contract is concluded (e.g. deadlines, reminders, explanation of resignation) require the text form to effectiveness.

(4) Virgin assistants and representatives of Platzona are not authorized to make oral side agreements. Insofar as they still make oral agreements or make assurances that go beyond in writing, they always require the written confirmation by Platzona to be effective.

§ 2 offer and contract conclusion

(1) The contract between Platzona and the customer comes into account in electronic business transactions to the service descriptions offered via the website of Platzona by ordering the offered services on the website provided on the website. With confirmation of the order by Platzona (order confirmation) or at the latest when the service is started, the contract is concluded.

(2) The customer is bound to his offer in accordance with paragraph 1 at the conclusion of a service contract for a period of five days.

(3) Platzona is entitled to refuse to accept the order without giving reasons. Incidentally, offers from Platzona are subject to change.

(4) Differences Platzona to the customer, in deviation from § 2 (1), an individual, written "offer", it is an offer that is also binding without a signature to conclude a contract. The customer explains his acceptance of the offer by confirmation in text form.

(5) With the customer's order confirmation, the contract is concluded with an individual offer when ordering or after receipt of the order confirmation in the case of Platzona. The term of the contract begins at the earliest when the customer's customer account is activated.

(6) An order confirmation sent to the customer immediately after receipt of an order does not justify the conclusion of the contract.

(7) Oral additional orders require confirmation by Platzona in writing or text form.

(8) The contract text is not saved by Platzona. It is up to the customer to create their own fuses of the service descriptions on the website of Platzona.

Section 3 of the contract

(1) The services of Platzona are described in the respective tariffs/modules on the type and scope on the website of Platzona or come about through individual communication.

(2) To use the services of Platzona, a customer number is assigned to each customer and the customer must create a customer account.

(3) Platzona provides the customer with programs, tools, code and scripts (hereinafter "software") for creation, operation and management of a website on the servers of Platzona. This is done by accessing the Ratzona data center via the Internet. Platzona provides the customer to use this software at the router output of the data center in which the server is with the software.

Platzona leaves the necessary storage capacity on a web server connected to the Internet, enables the customer to manage his internet appearance as well as the presentation and maintenance of its content set there, convey and support the accessibility of the content under a domain belonging to the customer and thus enables the website or the customer's own content to be called up by Internet users.

(4) Platzona guarantees the accessibility of the customer websites on the servers of Platzona under Von Platzona freely allocated short domains or under the customer's own domain, insofar as this Platzona reports the necessary DNS data. It is not registered for the customer by Platzona as an intermediary. The customer must register the domains via a separate DNS service.

(5) Platzona reserves the right to change the software provided in order to maintain their contractuality and technical availability for reasons of technical progress, security and for the reasons for the stable operation and the integrity of the software.

(6) The scope of the software provided by Platzona can be changed by adding, switching off or changing individual features, applications, scripts, apps, links and program parts at any time without the customer incurring additional costs.

(7) If changes to the product impair access or usability of the product for the customer, Platzona becomes the customer within a reasonable period before the time of the change by means of a permanent data carrier via the characteristics and the time of the change as well as the rights of the change To inform customers. In such a case, the customer is entitled to end the contract free of charge within 30 days by explanation towards Platzona. The deadline begins with the information about the change, but not before the change.

This does not apply if the impairment of access or usability is only insignificant or the customer's access to the unchanged product and its usability is preserved without additional costs.

(8) Platzona creates websites for customers on the servers of Platzona based on individual agreements for customers. The customer's requirements are recorded in a service description when placing the order. For this purpose, the customer must leave the desired website content, i.e., including all texts, images, graphics, logos, audio, video, tables, third-party links and other desired content. Platzona will implement the customer specifications and make the website and administrative software available for the customer with the necessary modules on its servers.

(9) Platzona does not owe the production and maintenance of the data connection between the router output of the data center and the IT systems of the customer. The customer is responsible for creating the technical requirements for receiving the software at the transfer point of the data center of Platzona and its use.

(10) Platzona leaves the software to the customer an availability of 99.0 % in the month. Platzona can interrupt the provision of services to carry out maintenance work for a period specified in advance if this is reasonable for the customer. These periods are not taken into account when calculating the availability rate. The customer receives a message in advance.

Except of the contractually guaranteed availability are times when the servers cannot be reached due to technical or other problems that are not in the sphere of influence of Platzona (force majeure, fault of third parties, etc.).

 

(11) Platzona supports customers in using the services provided on the servers for operating the website within the framework of the general question/response user support for questions about the functionalities of the software. The customer, on the other hand, is maintained on the website.

(12) The customer can expand the scope of services of the software by booking individual modules.

(13) Platzona reserves the right to integrate your own advertising or advertising of third parties on the software created by Platzona, provided that this is reasonable for the customer. It is prohibited from the customer to hide this advertisement or to impair their representation in a different way.

§ 4 obligations and obligations of the customer

(1) According to the general laws, the customer bears the sole responsibility for the domain used by it and for all content that he keeps or stores on the web server. This includes all information, as well as data, graphics, pictures, music pieces, videos or other information, which can be called up or distributed via the technologies provided by Platzona. The same applies to usage actions on the web servers that the customer has arranged.

(2) The customers make all statutory information obligations insofar as the access to the website created with the software from Platzona represents a telemedia service.

(3) The customer must observe the requirements of the data protection laws insofar as he himself processes or processes personal data.

(4) The customer is responsible for the legal examination as to whether the website created by the customer with the software from Platzona can be used in a legally permissible way for the specific purpose provided by the customer.

(5) If the customer provides copyright-protected content such as texts, photographs, graphics, other audio or video files or software applications, the customer guarantees the customer to dispose of the necessary copyright and usage rights. The customer transfers Platzona all usage rights required for the fulfillment of the contract with regard to the delivered content. The customer stands for to be able to grant these rights to third parties. The above also applies according to the consent of people depicted in terms of their personal rights. In this regard, the customer will release, keep and defend, hold and defend them at his expense of all claims by third parties or liability.

(6) A subletting of the software provided by Platzona is not permitted.

(7) The customer is obliged to make no changes to the software provided by Platzona, which affects the security, integrity or availability of the servers and software, which uses place tone to provide their services. Platzona is entitled to block or regulate the access of the customer or third party if servers and software act or react deviating from regular operating behavior and thereby affects the safety, the integrity or availability of the software from Platztona.

(8) By using the software, in particular through the Internet presence provided, the customer may not against legal prohibitions (in particular regulations of criminal law and competition law), the good customs and rights of third parties (brands, name, copyright rights, etc. .). In particular, the customer undertakes to offer or offer no pornographic content and no profit -making services that are the subject of pornographic and/or erotic content (e.g. nude pictures, peep shows etc.). The customer must not enter his Internet presence in search engines, provided that the customer by using keywords in the entry of legal prohibitions that violates good customs and rights of third parties.

The predetermined obligations apply accordingly to the customer of the customer of the customer set up on the website ("hyperlinks").

(9) Platzona is not obliged to check the customer's Internet presences for any legal violations.

(10) After recognizing legal violations or content that is inadmissible in accordance with paragraph 8, Platzona is entitled to block access to its software and deactivate the stored content. Platzona will immediately inform the customer of such a measure. During the temporary blocking, Platzona keeps the right to the agreed remuneration.

§ 5 obligations to cooperate

(1) The customer is obliged to register with the customer number assigned to him by Platzona on the platform from Platzona and to create a customer account. The customer has the obligation to truthfully provide customer data (in particular to the company, first name and last name, street and house number, to postcode, place and country, telephone and email address as well as the bank details, insofar as this for the direct debit authorization are relevant. If the customer violates the obligation to provide truthful information on his data, Platzona is entitled to terminate the contractual relationship with immediate effect.

(2) The customer is obliged to immediately correct his data in the event of changes. The customer is obliged to keep his email address stored for communication at Platzona and regularly call up email inputs from Platzona.

(3) The customer usually receives a user name and a password for the purpose of excluding the use by unauthorized persons with the order confirmation in order to dial into the system of the software provided by Platzona. Username and password are protected by third parties before unauthorized access. They have to be changed at regular intervals for safety. In digital media, the customer may only save user names and passwords in encrypted form.

(4) Communication between Platzona and the customer usually takes place in text form (i.e. by email). Only in exceptional cases or in cases of a legal obligation, Platzona creates texts in writing and addresses them to the customer's address. The customer is obliged to store Platzona only valid email addresses under which the customer can receive electronic mail and call up this post regularly.

(5) If the customer names a contact person, this is responsible for all questions as part of the implementation of this order.

(6) The customer undertakes to support the activity of Platzona to a reasonable extent and to provide the essential data, information and templates for the provision of services in accordance with the order. This includes in particular the provision of technical access necessary for the provision of services (DNS data, Google accounts, etc.).

(7) The customer has Platzona within a reasonable time, entrepreneurs generally not more than five working days, consumers within 14 days, to inform whether he has a proposal submitted by Platzona for the design and implementation of a order to design a website accepts or rejected. Content exams of proposals take the customer before publishing. If feedback is not or not on time, this is understood as an agreement and the service service is considered provided and published accordingly, provided and invoiced. The customer is particularly pointed out in text form.

(8) If the customer does not meet his obligations to cooperate, Platzona reserves the right to suspend the provision of services until the customer has fully met his obligations. For the duration of the suspension, Platzona keeps the right to the agreed remuneration.

(9) The customer is obliged to keep the user recognition and passwords left to the use of the software to keep strictly secret and inform Platzona immediately as soon as he becomes aware that unauthorized third parties are known to the password. The customer is liable for usage fees and compensation if, as a result of his fault, third parties were to use the services of Platzona by misuse of his passwords.

(10) The customer is pointed out that it is up to him, after each working day on which the database stored by the customer in the software was changed by him or his vicarious or vicarious agent. This backup is not to be carried out by the customer on servers or computers from Platzona, but on external storage.

(11) Activities of the customer, which are suitable to functionally impaired the infrastructure of Platzona or to make it difficult to use their use, are prohibited and can be pursued by civil or criminal law if necessary. In particular, the customer is obliged to design his websites in such a way that excessive stress on the infrastructure of Platzona is avoided. It is prohibited to integrate the software created by Platzona in whole or in part (e.g. using frames) on other websites.

(12) The customer is obliged to participate in a reasonable extent in the event of changes to the software in accordance with Section 3 (5) of the available terms and conditions and, if necessary, adapt them to its website. The customer thoroughly tests every module for freedom of deficiency and usability in the specific application situation before starting operational use. This also applies to program parts that he receives as part of the warranty and maintenance of Platzona.

§ 6 Remuneration and late payment of payment

(1) agreed fee is due for payment with invoicing.

(2) The billing period is determined according to the respective agreement. The customer can choose between a monthly, three -month, semi -annual or annual invoicing.

(3) The fees can only be paid by bank transfer or direct debit.

(4) If the customer chooses the payment by bank transfer, the payment must be made at the latest 14 days after the due date on the bank account informed by Platzona using the intended use.

(5) If the customer chooses the payment by direct debit, he authorizes Platzona, by a corresponding express explanation to collect the fee from the specified account (direct debit / sepa mandate). The announcement of the move -in (preliminary information / "prenotification") takes place at the latest 5 working days (for first -load fonts) or 2 working days (in the case of follow -up letters) before the direct debit is asserted, usually with the invoice.

(6) The invoice is made available to the customer exclusively in digital form by email or in its personal administration area and can be called up there.

(7) In the event of a SEPA direct debit mandate, the customer must provide sufficient coverage on the specified account so that the amounts due can be collected. The amount debited may differ in individual cases from the amount given in the preliminary information of a single statement if a.) The SEPA mandate for several contractual relationships has been issued, b.) A separate billing/invoice and a separate preliminary information takes place for each contractual relationship and c. ) the same due date of the individual invoice amounts, i.e. the sum of the individual bills (total).

(8) Costs of returns to which the customer is responsible, as well as the costs of reminders due claims will be charged to the customer. Only the costs incurred directly will be invoiced (material costs, postage costs and return debit fees of the bank). It is reserved for the customer to provide evidence that Platzona has not incurred any or lower costs.

(9) Separate agreements with the customer for due date and payment method have priority.

§ 7 License Agreements, Copyright

(1) Platzona provides the customer with the software and the infrastructure required for its operation as well as any tools, programs, code or scripts required for its use for the duration of the respective contract period, to which Platzona and/or third parties have property rights.

(2) For the duration of the contract, Platzona grants the customer a simple, non-exclusive right of use limited to the duration of the associated contractual relationship. The user is not permitted to grant rights of use to third parties.

(3) The customer is not permitted to grant rights of use to third parties.

(4) Subject to conflicting legal regulations, in particular that of Section 69e of the Copyright Act, the customer is not permitted to decompile these tools, programs, code or scripts or to convert them into a generally readable form in any other way. Likewise, the customer is not permitted to use them for purposes other than those specified in the contract. Any use beyond this requires the express consent of Platzona, at least in text form.

(5) The above granting of rights does not apply to open source software; the associated license conditions apply exclusively.

(6) If the tariff selected by the customer includes the use of graphic elements, images, texts, animations, design templates, the customer receives the right to use this content online for the duration of his respective contract and in connection with the website created with this contract . Any further use is not permitted. In particular, copying and otherwise using the content provided is prohibited. The aforementioned regulations apply subject to more specific license conditions for the content made available.

(7) Use of the websites created using Platzona's software is only possible with the server infrastructure provided by Platzona. Websites cannot be transferred to other servers or operated there in the display and functionality made possible by the use of the Platzona software.

(8) The copyrights to the services created by Platzona and its employees and third parties used for the customer (in particular, program code, scripts, drafts, drawings, website templates, etc.) remain with Platzona, unless expressly agreed otherwise. The customer is not entitled to reproduce and/or distribute the services without the express consent of Platzona. Platzona grants the customer a non-exclusive, simple right of use for the duration of the contractual relationship. They may only be used by the customer during the contractual relationship within the framework of the software provided by Platzona.

(9) For the purpose of providing the contractual services and operating the software, the customer grants Platzona the simple right, free of charge and with no geographical restrictions, to reproduce the legally protected content posted by him, to make it publicly accessible, to edit it and to transfer these rights to third parties How to transfer further technical service providers. The granting is unlimited in time until revoked by the user. The revocation is exercised in particular by deleting the customer account.

§ 8 Term and Termination

(1) Contracts concluded have the agreed term and notice period and can only be properly terminated at the specified deadlines.

(2) Unless otherwise agreed, contracts are concluded with a term of twelve months. The contract can be terminated by either party with a notice period of one month to the end of the agreed minimum term. If a contract is concluded for a specific period of time, it will be extended indefinitely if it is not terminated with a notice period of one month before the end of the specific contract period. Platzona is entitled to terminate contracts with a term of no more than twelve months with a notice period of four weeks to the end of the month. In the case of a longer term, Platzona is entitled to terminate the contract with a notice period of six months to the end of the month.

(3) Termination without notice by one contracting party is possible if the other contracting party culpably breaches a significant contractual obligation and, despite being requested to do so in text form, permanently fails to fulfill its obligations or if there are facts on the basis of which the terminating party, taking into account all the circumstances of the individual case, and after weighing the interests of both contractual parties, the continuation of the employment relationship until the end of the period of notice or until the agreed termination of the contractual relationship cannot be reasonably expected. This is particularly the case when

- the customer does not meet his obligation to pay the remuneration despite a reminder;

- the customer is in arrears with the payment of the monthly fee in an amount that reaches the fee for two months;

- insolvency proceedings against the assets of the user are applied for or opened or the opening is rejected for lack of assets or

- Platzona is sued by third parties for alleged violations of rights by the customer or

- the customer grossly violates his duty to cooperate according to §4 and §5 of this contract;

- the customer does not redesign his content within a reasonable period of time, despite a warning, so that it corresponds to § 4 of these General Terms and Conditions;

- Platzona ceases its activities.

(4) Terminations can be declared in text form or via the termination button in the software options.

§ 9 Warranty

(1) Platzona does not guarantee or guarantee that a specific success will be achieved. There is no entitlement to achieving a specific success. Anything else only applies if the achievement of a specific result has been expressly agreed in writing between the parties.

(2) Insofar as Platzona exceptionally provides services to entrepreneurs within the framework of work contracts, the following applies:

Obvious defects must be reported immediately. Defects that are recognizable during a careful examination must be reported within 7 working days of receipt. Other defects must be reported immediately after the defect has been discovered or the point in time at which the defect is recognizable for the customer during normal use of the service item without closer examination. Complaints are only made in good time if they are received by Platzona in good time.

(3) The statutory warranty regulations apply.

(4) The following applies to entrepreneurs: Sections 536b (the tenant's knowledge of the defect upon conclusion of the contract or acceptance), 536c (defects occurring during the rental period; notification of defects by the tenant) BGB apply. However, the application of Section 536a (2) (tenant's right of self-removal) is excluded. The application of Section 536a, Paragraph 1 of the German Civil Code (obligation to pay damages on the part of the landlord) is also excluded, insofar as the standard provides for no-fault liability.

§ 10 Liability and Release

(1) Apart from liability for defects in quality and title, Platzona is liable without limitation if the cause of the damage is due to intent or gross negligence. Platzona is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies) , but only for the foreseeable, contract-typical damage. Platzona is not liable for the slightly negligent breach of obligations other than those mentioned above. The limitations of liability in this paragraph do not apply in the case of injury to life, limb and health, nor do the provisions of the Product Liability Act. In the area of ​​application of the Telecommunications Act, the liability regulation of § 70 TKG remains unaffected in any case.

(2) If Platzona's liability is excluded or limited according to paragraph 1, this also applies to the personal liability of Platzona's employees, representatives and vicarious agents.

(3) Comprehensive legal advice and/or examination of the individual content of websites based on Platzona’s software as part of the provision of services by Platzona, which can and may only be carried out by lawyers, is expressly not covered by the subject matter of the contract. Obtaining legal advice to assess the respective measures and means is the responsibility of the customer at his own expense. This applies in particular with regard to data collection as well as data protection and terms of use for web and social media integration. Platzona expressly recommends such qualified advice to the customer from a legal advisor. Platzona can also purchase this from third parties as part of a separate agreement.

(4) The customer releases Platzona from all claims that third parties assert against Platzona due to an infringement of their rights by websites created by the customer or domains used. In this respect, the customer must also bear the costs of any necessary legal defense, including legal fees and court costs, at the statutory rate. The customer will not be released if he is not responsible for the infringement.

(5) If a claim is made on Platzona due to websites created by the customer or other services provided by Platzona and used by the customer, the customer will immediately, truthfully and comprehensively provide Platzona with all information necessary for the examination of the claims and defense is required.

§ 12 cancellation policy

(1) If the customer is a consumer and the contract was concluded using only means of distance communication, the customer is entitled to the statutory right of withdrawal described below:

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.

In order to exercise your right of withdrawal, you must send us (PLATZONA UG (limited liability), Herzbergstr. 141-146, 10367 Berlin, Tel: +49 (0)30 98541359, email: kuendling@platzona.de) a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

End of revocation

(2) Model withdrawal form

(If you want to revoke the contract, please fill out this form and send it back)

On

PLATZONA UG (limited liability)

Herzbergstr. 141-146

10367 Berlin

Phone: +49 (0)30 98541359

— I/we (*) hereby revoke the contract concluded by me/us (*)

regarding the purchase of the following goods (*)/ the provision of the following

Service (*)

— Ordered on (*)/received on (*)

— Name of consumer(s)

— customer number of the consumer(s)

— Contract number of the consumer(s)

— address of the consumer(s)

— Signature of the consumer(s) (only in the case of notification on paper)

- Date

(*) Delete where not applicable.

 

(3) Reference to the premature expiry of the right of withdrawal

The right of withdrawal expires in the case of a contract for the provision of services when the entrepreneur has fully provided the service and has only started to perform the service after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he is The right of withdrawal loses if the contract has been completely fulfilled by the entrepreneur.

§ 13 Out-of-court settlement of disputes

The European Commission provides a platform for online dispute resolution (OS). You can find the platform at https://www.ec.europa.eu/consumers/odr.

Consumers have the opportunity to use this platform to settle their disputes.

Platzona is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 14 Consumer Information Obligations

(1) Contract language is German.

(2) Input errors before submitting an order can be recognized and corrected as follows: Every input made by the customer remains visible to him in the mask and can be corrected within the respective tab. The customer can always move forwards and backwards in the tabs to make corrections. Occasionally the customer receives the request "Check your entries in the marked fields" in the event of implausible or missing entries.

§ 15 Final Provisions

(1) Should individual provisions of these General Terms and Conditions, including this provision, be wholly or partially invalid, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.

(2) The customer is not entitled to assign his claims from the contract.

(3) Offsetting or the assertion of a right of retention by the customer is only permitted with recognized or legally established counterclaims.

(4) The exclusive place of jurisdiction for all disputes arising from this contract is Berlin if the customer is a merchant, a legal entity under public law, a special fund under public law or has no domestic place of jurisdiction.

(5) The business relationships between Platzona and the customer are subject to the law of the Federal Republic of Germany. The application of international uniform law, in particular UN sales law, is excluded.