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These are the terms and conditions for ProviderTool and PowerShop, this is the legal componet of the sales agreements.
§ 1 Scope
The ProviderTool PowerShop called subsequently PowerShop, deliveries services that are the basis for these terms and conditions. They will apply for all future business relationships even though they are not directly renewed and agreed on.
PowerShop is allowed to change or add to these terms of conditions when a notice is posted within a reasonable period of time.
§ 2 Sales Agreement, Conclusion of Sale
The sale comes from the acceptation of the customers sales agreement from PowerShop or it begins with the first service agreement. If the customer is a consumer, according to §13 BGB,
then they will receive a confirmation of direct access through the electronic way. The access confirmation is not a binding agreement for the customers request.
The access confirmation can be accepted as a declaration of acceptance.
If the customer is apart of a company according to § 14 BGB, they do not require an explicit access confirmation and a declaration of acceptance. Changes or additions to the sales agreement or the terms of agreement through the customer will be seen as a new proposal.
The customer has the responsibility, within the frame of the sales agreement or conclusion of sales, which the given information about there person and miscellaneous sales relevant information are correct and complete. The customer commits itself, to inform us without any delay in each case, about changes of their customer information. The customer must confirm the customer data to the corresponding inquiry from PowerShop. If violated, PowerShop has the right to immediately stop all contractual services.
§ 3 Right to Withdrawal through the Telecommunication Act.
The consumer has the right at the conclusion of the sales agreement to withdraw their contract with a letter of intent. The time limit for the right to withdrawal is two weeks and does not begin until these instructions are received and the registration is fulfilled according to § 312 c Par. 2 BGB the right to withdraw ends when the services from PowerShop have commenced or when the customer requests or PowerShop is told to begin with the services.
To ensure that the cancellation is accepted, make sure that the cancellation is sent in due time. The explanation does not have to contain any justification and must be presented to PowerShop in text form. A fax or email containing the text form will be accepted.
When software is bought that is available to download, the right to withdrawal is ended when the download information is delivered!
§ 4 Our services
PowerShop offers the customer hardware, software and services for the web server branch.
§ 5 Prices and Payment
Payment is due when the invoice (Email) has been received.
PowerShop accepts prepayment/bank transfer and payment through credit card (Mastercard, Eurocard, VISA und Amex).
Prepayment is to be paid to the following account:
Uwe Schwerdtfeger
Raiffeisenbank Hammelburg eG
Bank Identification Code: 79062106
Account: 5720702
Purpose: Order number
(You will find the order number on your confirmation email!)
Inter. Bank ACC-Nr: IBAN DE80 7906 5028 0001 0563 44
BIC Code: GENODEF1BRK
Delivery of the download information will be sent as soon as payment has been received.
ECS-Solution GmbH is our partner and is responsible for the booking of your credit card!
The invoice total will show up as ECS-Solution on your credit card statement.
The customer enters a legal contract with PowerShop when the order is sent and will take effect when PowerShop confirms the order.
§ 6 Guarantee
We guarantee through the specifications of the Internet that PowerShop System will be available up to 96% of the time.
Please inform us immediately of any damage that we did not recognize. That is the only way we are able to improve our services to meet your high expectations.
§ 7 Responsibilities
PowerShop is responsible for the damage that is caused by deliberate and through gross negligence that results from the violation of the contract and for the damage from light negligence in violation of the contractual obligation. If we are responsible for negligence, in this case the responsibility for PowerShop is limited to the price of ordered service/s. This disclaimer is also for all contracts from a third party.
The use of ProviderTool is free and unrestricted, the software may be changed and passed on. A sales of the software in the original or also in the changed condition is expressly forbidden and punished criminally. If you develop and/or program changes or additions, also these are to be passed on only in free form. Exceptions must be requested in writing and approved by US Multimedia!
The use of ProviderTool takes place under exclusion of any responsibility on the part of US Multimedia (and PowerShop).
With the free Download of the software you free us from any responsibility and use the software thus on own risk.
This disclaimer is also for all contracts from a third party.
ProviderTool license: GNU GPL
§ 8 Privacy
The personal data that the customers of PowerShop give to order their product will
only be used to process their order and for sending their invoice and will not be given to
a third party without the direct written consent of the customer. The data collection, use and processing will be in electronic form.
PowerShop can send the billing data of the customer to other companies and to a third party to determine the fee and as needed for billing of the customer. PowerShop has the right to send the personal data to the authorized third party to collect the sum of the missing bill as long as it is needed. By the way PowerShop will not send the data of the customer or content of the private correspondence to a third party.
PowerShop wants to point out to the customer that at this point of time; the technology cannot guarantee the safety of information that is transmitted in an open network like the Internet. The customer knows that the web server where the website is stored and other data of the customer can be seen by a third party. Even other participants in the Internet can under certain circumstances be able to become access to a network and control the email flow of a server. You are solely responsible for the safety and backups of all the data for the websites of your customers that are stored on your web server.
Final Provission
Every change and addition or part or partial cancellation of the contract are to be presented in written form, even the alteration or cancellation of the written form requirements are to be in written form.
The address for services for all disagreements of this contract is Riedenberg, even for merchandisers, traders and dealers.
The laws of the Federal Republic of Germany apply for all closed contracts that where sold from PowerShop on the basis of these terms and conditions and all of the following claims.
Should the provisions of these terms and conditions and/or the contract be invalid or invalidated, then the properties of the rest of the provisions are invalid.
Riedenberg, May 31, 2005
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