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Terms and Conditions


For the services of
Andreas Schwope
New media agency
Am Thie 13
31087 Landwehr
over its contractual partners, the following terms and conditions apply. Deviations in writing. The change in the writing itself has need of writing.

The provider is entitled to change these Terms and Conditions with due notice or supplement. The changes are effective according to the notice, if the customer does not object in writing to the time of the announced effective date of the change. If the customer objects within the prescribed period, the contract ends under too much repayment for payments made at the time of entry into force of the amended terms and conditions. This does not apply positive changes or then exclusively for the client, if the terms are not changed for existing contracts.


Our prices quoted are in Euro. Unless otherwise indicated, they always are inclusive of value added tax valid at the time of accounting.

Terms of payment

We provide first principle against prepayment. The delivery on open account is possible only by express agreement.


We are entitled, notwithstanding an order to deliver modified or adapted products, as far as their ability to function is not significantly impede.

We retain the right to make partial deliveries and partial invoicing (partial computation) expressly reserved.

For software the buyer acquires only the right of use. The manufacturer's licensing terms are legally binding valid for the purchaser. No copies of the software or documentation will be made unless this is expressly permitted. We are only obliged to supply the object code, a claim for restitution of the source code is only to the extent that the grants you the software manufacturer.

We have the right to subcontract.

Product Testing

The delivered goods must be checked for completeness by you immediately upon receipt. If within a week no complaint that the conjecture is true for the loss without reason to a contradiction.

Retention of title

Until full payment and satisfaction of all, and future claims arising from contracts concluded delivered goods shall remain our property. Go for the case of resale of the reserved goods resulting from the resale of receivables transferred to us. In the case of processing, combination or transformation of the goods our ownership of the newly purchased item is created. The purchaser shall not be entitled to pledge or security of the reserved goods. In the case of access by third parties to the reserved goods, the purchaser has to protect our rights to take care and to notify us immediately. In such a case, and in default of payment, we have the right to enter the premises of the purchaser to accept as part of the enforcement of reservation of the reserved goods to us can. Such an approach does not mean our withdrawal from the contract, provided that the purchaser is a businessman.

Default of payment

In case of exceeding the agreed payment is us without warning to the requirement to pay interest at the rate of 1% per month of the amount owed. The purchase price was calculated on the compliance with the agreed upon payment. For non timely receipt of payment, both parties agree that the purchase price increased by 5%. The liability of the buyer for delay remains unaffected.


Our liability is limited to such damages, whose occurrence had to be expected in the contract, to the knowledge of all the circumstances at the time reasonably. Our liability is, in the case of services provided, limited to the goods themselves to any liability for indirect damages, consequential damages and lost profits. In a warranty case we reserve the right to two attempts at repair within each 14 days. Fail both attempts at repair, the customer shall have the right to exchange or refund. Our liability for damages caused by intentional or grossly negligent misconduct damage is unaffected by any limitations of liability.

Services (installation service)

When you install software through us, it is your responsibility to ensure that the necessary requirements for hardware and the other environment, in particular the connection to the computer network including all cabling must be met before installation. The Customer bears the responsibility for the licensing law correctness of installation.

In the scope of an installation all services according to the selected service are included. For errors and deletions of content, caused by improper input from the customers, no liability is accepted. The initial state of the initial installation of the software is made by the offeror to recalculate when necessary. Content and backup data that have been deleted by the customer, can not be recovered.

Hosting and domain conditions (hosting service)

The provider provides the customer space on a virtual web server available and owes his efforts, the data according to the contract saved the customer about the making by the provider to entertainment network and the Internet related available to the public (collectively referred to as "web hosting"). The customer has no rights in rem in the server hardware or a right of access to the premises in which the server hardware is. The seller guarantees the availability of 99.9% on an annual average. The provider shall only be responsible for the availability, as the Nichtabrufbarkeit is attributable to the business it part of the network or the web server itself.

The customer is solely responsible for the domain itself as well as for all content made available on the Web server or the client stores. The customer is responsible as part of its obligation to comply with the statutory and contractual arrangements for the conduct of third parties who act on his behalf, especially vicarious agents. The provider is not obliged to check the web server the customer against possible infringements.

Unless otherwise stated in the particular specification otherwise, the contract has a term of one year and is renewed for the same period if the contract is not canceled a month prior to end of term. This does not affect the right of either Party to terminate without notice for good cause. An important reason for the provider is especially given if at least one of the following situations occur:
The customer violates despite warning guilty of violating a contractual obligation.
The customer does not eliminate despite warning within a reasonable period of contract or violation of law.

In case of termination due to a breach of the hosting and domain conditions, billed and paid contributions for the accounting period contractually agreed are already non-refundable.

E-mail receiving and shipping
The mass sending of e-mails about systems or the provider's server is inadmissible if it is a mass-mailing e-mails to recipients without their consent and / or there is a promotional e-mail and consent the recipient is not available, even though this is required. Proof of consent of the recipient is the customer. In case of violation, the customer is liable for all warnings, terminations and costs associated with a breach.

Right of withdrawal for distance contracts

Consumers are entitled to a right of withdrawal shall be the following, where consumer is any natural person who enters into a legal transaction for a purpose that can not be attributed neither commercial nor their independent vocational activity.

You may revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail). The time limit begins after receipt of this instruction in text form, however not before conclusion of the contract and also not before fulfillment of our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation. The revocation must be sent to:
Andreas Schwope, new media agency, Am Thie 13, 31087 Landwehr.

Consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If you can not or in part, or only return them in a deteriorated condition give us the performance received and benefits (eg benefits of use), you have to pay us compensation. This can cause you to revocation must fulfill the contractual payment obligations for the period nevertheless. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your contract termination, for us with their reception.

Special Notes
Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of revocation.

End of cancellation policy

A right is not always at: CDs, DVDs, CD-ROMs, software and software licenses, which were unsealed by the consumer, or goods that have been bought through Internet auctions. The same goes for downloads or software delivery by e-mail. Even with goods that have been manufactured according to customer specification, a right of withdrawal. Created Custom or personalized licenses are generally excluded from the right of withdrawal.

Final provisions

Performance is the location of the provider. The exclusive place of jurisdiction for all claims and on the basis of contractual relations between the parties including check and change action and all the parties arising disputes relating to the formation, handling or termination of the contract - as far as the customer is a merchant, legal entity under public law or public law special fund - the seat of the provider. The seller retains the right to bring proceedings against the customer at his general or other legal jurisdiction.

German law applies exclusively to the contractual relationship of the parties.

If any provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. In lieu of the invalid provision to the purpose of the agreement, appropriate or at least close substitute provision which would have been agreed by the parties to achieve the same economic result if they had known the invalidity of the provision. The same applies to the incompleteness of the provisions.

The customer expressly declares when placing his order that he has reached the age of eighteen years, has full legal capacity and its predominant residence in the Federal Republic of Germany is. If the customer has not attained the age of eighteen years, he assures with placing the order, that he is entitled to this.