GENERAL TERMS AND CONDITIONS OF THE PROVIDER
1. Contract partners, contractual object
The contract partners are the final customer, hereafter called USER and the PROVIDER.
The PROVIDER offers internet content, which will be charge by way of various payment possibilities.
USERS are all users of non-free Internet content of the PROVIDER. The USER gains access to non-free online offerings with the help of the payment systems or through the payment pages of the PROVIDER.
The subject of the contract between USER and PROVIDER is the handling of a payment transaction in the Internet, which, after successful payment, authorizes the USER to call up non-free Internet content.
2. Performance relationships
Regarding the use of the specific Internet offerings, a contractual relationship arises between the PROVIDER and the USER.
3. Conduct of the payment process
The PROVIDER currently makes available to the USER the following methods for handling payment transactions for the use of non-free online offers:
– credit card
– bank collection (Germany and Austria)
– online bank transfer for online-banking customers (Germany only)
– Direct pay
– T-Pay Telekom-Rechnung
The parties agree that not all payment methods may be available for a non-free Internet offer. From the payment methods offered, the USER selects the method that he or she wishes to use for settlement of the Internet offer charged through the PROVIDER. Payment is made through an encrypted connection (SSL encryption).
The parties agree further that the payment obligation also includes the payments arising as a result of third parties using the connection (PC/telephone), provided that an obligation to represent exists.
The USER can cancel the payment process at any time before the payment form is finally sent. Until then, the USER can correct input errors.
The payments made within the framework of this Internet appearance are legally binding. The contract between the USER and the PROVIDER is created when the payment form is sent.
After successful payment, the USER is switched on for the offer desired. The USER can now use the offer for the targeted time period.
If software must be installed for the payment, The PROVIDER provides to the USER a simple cost-free right of use, which is limited to the duration of the respective use, not transferable, not exclusive and cannot be sublicensed. This right of use entitles the USER to install the software on a single computer, and to use it there for the contractually intended purpose. The USER promises to keep the software secured so that unauthorized access and, in particular, unauthorized copying are prevented.
Registration with false documents, false payment data, under a false name, or under invalid or false e-mail addresses will result in immediate termination of the agreement by the PROVIDER. In such case, the PROVIDER is entitled to demand from the USER compensation for the costs arising up to cancellation. If the event is a criminal law matter, the PROVIDER will press charges.
Settlement is made in accordance with the displayed amount and the payment interval chosen by the USER. Collection is made as shown in the payment form through one-time or periodic bookings. The USER thereby authorizes the PROVIDER to charge his or her bank account, credit card or telephone bill for the agreed amounts until the service is duly cancelled and do this without exception.
Cancellation can be made at any time without specification of reasons. Notification must be received at the PROVIDER before expiration of the applicable posting period. This occurs through electronic e-mail . or by activation of the cancellation links provided. Cancellation is considered to have occurred and been accepted only if the USER subsequently receives a confirmation e-mail from the PROVIDER.
4. Defects in the Internet offer, payments not collected
If the desired offer has defects (e.g. all or part of the offer is not reachable) or the required access data cannot be provided due to a technical defect, the USER’s rights are initially limited to repairs. The USER shall inform the PROVIDER about these defects without delay per e-mail .
If the PROVIDER is unable to collect the payment for reasons within the USER’s responsibility, or if the USER wrongfully cancels the payment, the USER has defaulted on payment, without the need for a separate demand for payment. In these cases, fees (Expenditure allowance: currently € 7.67 for bank collection, € 40.00 for credit card, € 15.00 for T-Pay Telekom-Rechnung) are charged and access to the Internet offer is blocked.
5. Right of revocation
The USER hereby confirms that he or she has been informed that his or her right of revocation expires early after payment form is sent (payment is made) since the PROVIDER, with the express agreement of the USER, begins performance of the service before the end of the revocation period and the USER himself or herself has set this in motion.
These General Terms and Conditions of Business can be printed out at any time using the “Print” button.
7. Privacy – Data gathering and storage
Instruction about the collection of person-related data
By submitting the personal information entered by the USER in the Internet form, the USER declares his or her authorization to process the data in databanks for the purpose of mediating the offer or services or carrying out the order.
The USER has the right at all times to inquire at no cost and without delay about the data collected on his or her person and the logical structure of the data collection.
The user has the right at any time to revoke, effective for the future, his or her agreement to the use of his or her personal data specified in the provider forms.
The PROVIDER will collect, process and store the data required for performing and billing for services. These data are content data, usage data, and billing data, provider and/or access data, and cookies.
Further, the USER authorizes the PROVIDER, until revocation, to provide notification of possible changes by e-mail.
8. Participation requirements for USER
The online offers also include what is called “adult content”. Calling up of these services is only permitted to USERS who are at least 18 years old and considered adults under the laws of the country to whose personal statute they are subject .
The USER assures that he or she is over 18 years old and an adult under the laws of his or her country, and has full legal capacity to qualifiedly and competently enter into this agreement in all points. The USER further promises to not intentionally permit minors access to the services and is himself or herself liable for keeping the access data he or she receives secret from non-adult family members, friends or acquaintances. On request, the USER will prove his or her adult status to the PROVIDER by submitting a copy of his or her passport or identity card as well as a copy of the account or credit card used to log on.
The access data received must absolutely be protected from the attention of third parties, particularly of minors. The USER bears responsibility for every use of offers that takes place using his or her access data. The acquired service must not be shared with or transferred to other persons. The USER must inform the PROVIDER without delay of changes in the date of validity of the credit card, bank account information, billing or home address as well as apparent breaches of security (e.g. loss, theft, or unauthorized use of access data). The USER is responsible for every unauthorized use of the service until the PROVIDER has been notified by e-mail or telephone of the breach of security.
9. Liability of PROVIDER
The PROVIDER accepts no responsibility for the transferred contents, data and files of the individual online offers.
The PROVIDER is not liable for damages to the USER, including damages from data loss, resulting from downloading of contents or software from the Internet or due to other transactions in connection with the payment systems or software of the PROVIDER.
The PROVIDER rejects and excludes liability for damages caused by simple negligence not pertaining to breach of any material contractual duties, harm to life, body or health, or guarantees, or claims under the Product Liability Act. The same applies to violation of duties of the assistants of the PROVIDER.
In the case of simple negligence in violating a material principal contractual duty, the liability of the PROVIDER is limited to the amount of typically foreseeable damages, but not more than the desired cost contribution. Claims for compensation of economic loss are excluded from the outset.
The PROVIDER reserves the right to change these General Terms and Conditions of Business in the future. The changed General Terms and Conditions of Business take hold between the parties when the USER, during a new login, clicks on the field asking at login whether he or she agrees with the General Terms and Conditions of Business.
11. Separability clause
If a stipulation of this contract is or becomes wholly or partially ineffective or infeasible, the parties promise to replace the ineffective or infeasible stipulation with other effective or feasible stipulations that, in their economic effect, come so close to the ineffective or infeasible stipulation that it can reasonably be assumed that the parties would also have signed the contract with this stipulation.
The ineffectiveness of individual stipulations does not affect the remaining stipulations or the effectiveness of the entire contract.
12. Applicable law, jurisdiction
This agreement and all obligations resulting from it are subject to the substantive and procedural law of the PROVIDERS COUNTRY.
Exclusive jurisdiction for all actions arising from or in connection with this contract is – if legally permissible – the headquarter of the PROVIDER.