General Terms and Conditions - AGB Web Design, Programming and Hosting

§ 1 Scope of application (1) Unless otherwise expressly agreed, the following shall apply to the commissioning of our company, ixtreme.media, Isabel Unger, Hauptstr. 18, D-86931 Prittriching the following General Terms and Conditions (GTC) in the version valid at the time of the order. Further data can be found in our imprint. (2) In business transactions with companies, including associated websites (realized by ixtreme), the aforementioned terms and conditions apply to all future transactions with the client, even without express reference. (3) Deviating conditions, especially purchasing conditions, of the buyer are hereby contradicted.

§ 2 Conclusion of contract (1) By commissioning the performance of the selected service, the customer submits a binding offer to conclude a contract. The contract between the customer and ixtreme is concluded by the declaration of acceptance in writing or by telex. The same applies to supplements, amendments or collateral agreements. (2) An execution of the order by ixtreme replaces the order confirmation. By using the services of the agency ixtreme, the client declares the acceptance of this offer and waives the receipt of the declaration of acceptance. (3) Offers of ixtreme in brochures, advertisements, etc. are – also with regard to the prices – subject to change and non-binding, unless a binding assurance is expressly given.

§ 3 Scope of services (1) ixtreme offers the following services: Creation, planning, adaptation and maintenance of websites, portals and online stores – and catalogs, other graphic services, production of digital data carriers (CD-ROM/DVD etc.) and web hosting. (2) ixtreme provides its services according to the wishes and specifications of the customer. Installation, instruction and training shall only be part of ixtreme’s performance obligations if this has been agreed upon. ixtreme only has to consider requests for changes and extensions if they are necessary for technical reasons in order to achieve the purpose of the contract. (3) In case of a substantial change of the contractual obligations of ixtreme for the purpose of adaptation to the needs of the client, ixtreme may charge the client for the necessary additional expenses. This shall also apply to an extensive examination as to whether and under which conditions the modification or extension is feasible, provided that ixtreme has indicated this in writing.
(4) The customer is informed that the operation of a website entails legal obligations, the non-observance of which may result in civil and criminal penalties.
These are in particular:
– the imprint obligation (provider identification) according to § 5 TMG;
– Information requirements according to § 312c BGB (distance contracts);
– Information obligations according to § 312e BGB (electronic commerce); – Duty to check links; – Duty to check the content of forum discussions, blogs and chat rooms; – Obligation to comply with media law regulations; – Obligation to protect the copyrights and trademark rights of third parties (see also rights of use).
The customer alone is responsible for compliance with these obligations. Should ixtreme incur any damage due to the customer’s breach of the aforementioned obligations, ixtreme shall be entitled to claim damages.

§ 4 Prices and payment (1) The list prices at the time of delivery shall apply. Fixed prices shall only apply if the price agreement in the individual case, e.g. on the basis of a quotation, contains neither a price increase option nor a time limit for the fixed price agreement.
(2) The prices do not include the statutory value added tax. Shipping costs, installation, training and other ancillary services are not included in the price unless otherwise agreed. Additional services that are not included in the price list or the offer shall be remunerated separately. This applies in particular to additional work as a result of – the submission of data in non-digitized form, – the necessary and reasonable use of third-party services, – expenses for license management, – commissioned testing and research services and legal checks, (3) If the customer is in arrears with payment, he must expect interest on arrears of 5% above the prime rate. Interest on arrears shall be charged if the payment deadline is exceeded even without a reminder. (4) The customer acknowledges that ixtreme will first offset payments against older debts. If costs of prosecution, such as reminder costs, have already been incurred, ixtreme may set off the customer’s payments first against these costs, then against the interest and finally against the main debt. (5) The created website and / or webshop remains the property of ixtreme until full payment has been made

§ 5 Dates, deadlines and obstacles to performance (1) Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing.
(2) If the cooperation of the Customer is required or agreed for the performance of ixtreme, the delivery time shall be extended by the time the Customer has not complied with this obligation.
(3) In the event of delays due to – Changes in the customer’s requirements, – insufficient conditions in the application environment (hardware or software deficiencies), as far as ixtreme.media was not aware of them or should have been aware of them, – problems with products of third parties (e.g. software of other computer manufacturers), the delivery or performance date is extended accordingly. *** Translated with www.DeepL.com/Translator (free version) ***
(4) Insofar as ixtreme cannot provide its contractual services or cannot provide them on time due to industrial disputes, force majeure or other circumstances unavoidable for ixtreme.media, ixtreme shall not suffer any adverse legal consequences.
(5) If the customer orders changes or additions that are not only minor in scope, dates and deadlines that are based on the original subject matter of the contract shall lose their validity.

§ 6 Acceptance (1) The customer will accept the services of ixtreme according to the checklists provided by ixtreme as soon as ixtreme notifies the readiness for acceptance.
(2) The services of ixtreme shall be deemed accepted,(2)
– if ixtreme.media has communicated the readiness for acceptance with reference to the meaning of the omission of the declaration of acceptance, – ixtreme and the customer does not declare acceptance or refuses acceptance within a period of time that allows him to recognize essential defects during the required careful examination, but at the latest after 20 working days, stating defects to be detailed as far as possible, – or the customer makes the website or parts of it accessible for third parties without further examination or commissions ixtreme to do so, as far as the non-acceptance is not based on a substantial defect of the services rendered by ixtreme.media.
– If the readiness for acceptance is not notified, the time at which the customer should reasonably have been aware of the services shall apply instead of the time of notification.

§ 7 Duty to cooperate (1) The customer shall provide the necessary data, in particular content to be updated for the websites, in a timely manner and in digital form. (2) As far as ixtreme provides the customer with drafts and/or test versions, stating a reasonable period of 8 working days for the examination of correctness and completeness, the drafts and/or test versions are considered approved with the expiration of the period, as far as ixtreme does not receive a request for correction.
(3) The customer is responsible for providing sufficient resources and information as part of its duty to cooperate. He will ensure the availability of the required number of competent employees from a professional and IT-technical point of view and for sufficient computer capacities such as memory, processor power and line capacities. (4) If ixtreme deems it necessary, the customer will provide a test environment (hardware with current software version, especially the operating system and server software corresponding to the later conditions of use). (5) As soon as errors or impairments of the functionality of ixtreme’s services occur, e.g. a website, the customer shall inform ixtreme immediately, stating the time and error specification as well as the name and telecommunication data (telephone, e-mail) of the reporting and responsible employee. (6) The customer is responsible for the trouble-free operation of the facilities for remote maintenance and servicing, especially stable data lines and interfaces.

§ 8 Rights of use (1) ixtreme grants the client a simple/exclusive/exclusive and (non) transferable right of use with the exception of the user. Yields ixtreme. services for the design of the customer’s Internet presence, the purpose of use of the website and/or of its components shall be limited to use on the Internet. The customer acquires this right with full payment of the services of ixtreme. (2) Upon request, the customer is obliged to provide ixtreme with written information about the scope of use. When using the Customer’s templates, ixtreme assumes that they are not encumbered with third party rights or that the Customer has the right of use required for the order.
(3) ixtreme also claims rights of third parties (third party license material) for the website, which can only be transferred to the customer – especially limited in time. The restricted transfer can lead to the fact that third party licensed material is no longer available or is available under considerably changed conditions, over which ixtreme has no influence. In this case, ixtreme will make every effort to use similar material. (4) ixtreme can charge the client the costs for third party license material by presenting the invoice of the licensor with a service surcharge of 15%. Any further identification of components of the website encumbered with third-party rights does not take place.
(5) The customer may only use third-party license material in connection with and within the scope of the website. If ixtreme is held liable by the licensor because the third party license material has not been used accordingly, the customer shall be ixtreme. ixtreme.media is responsible for the compensation of the resulting damage. (6) The customer is obliged to inform ixtreme.media about any unlawful use of the license material of which he becomes aware, as well as to take legal action against an infringer of the industrial property rights or to support ixtreme.media in doing so. (7) If the customer becomes aware of infringements of rights of use by the services of ixtreme, e.g. by warnings of third parties, he will inform ixtreme immediately.

§ 9 Copyright notices and references (1) The customer grants ixtreme the right to integrate the company link of ixtreme into the websites of the customer and to link them to each other and to the website of ixtreme. The customer will take over all protective notes such as copyright notes and other legal reservations unchanged. This also applies in particular to the references to the author in the program code. (2) ixtreme reserves the right to use rendered services such as designs and objects, even if they are based on customer templates, for presentation purposes, in particular to include the customer’s website in a reference list for advertising purposes and to set corresponding links.

§ 10 Warranty (1) Defective deliveries or services will be repaired or exchanged by ixtreme within the warranty period of 12 months, which begins with the date of delivery or acceptance, after appropriate notification of the customer by ixtreme. ixtreme will repair the defects free of charge or provide the customer with a corrected release version (modified version, which no longer contains the notified defect) free of charge. Additional expenses, such as updates, etc., will be charged at cost. Under unfavorable circumstances, multiple corrections may be necessary. Deviations of the website elements created from the agreed design and functionality are deemed to be defects if these deviations impair the suitability for the agreed use.
(2) Claims for defects shall not exist if the defect is only insignificant, i.e. in particular does not have a significant effect on the agreed use.
(3) If the subsequent performance fails within a period set by the customer for subsequent performance, the customer may demand the cancellation of the contract or the reduction of the purchase price.
(4) Obvious defects which are readily noticeable to an average customer shall be notified by the customer to ixtreme by registered letter within 10 working days after delivery. Defects which are not obvious must be notified to ixtreme within 10 working days after they have been detected. Otherwise, claims arising from these defects cannot be asserted. The defects, in particular the error messages that occurred, are to be reproduced in detail to the best of the company’s ability (e.g. by means of error logs).

§ 11 Liability (1) Liability under the Product Liability Act remains unaffected. For intentional or grossly negligent breaches of duty, ixtreme shall be liable, within the contractual framework, This shall also apply to legal representatives and vicarious agents of ixtreme For slight negligence, ixtreme and its vicarious agents shall be liable limited to the foreseeable damage typical for the contract. In this context, ixtreme, as the user of the GTC, excludes itself and its vicarious agents from liability up to the limit of gross negligence as a matter of principle and shall be exempt from liability. This restriction shall be deemed to have been effectively agreed insofar as the possibility of a paid declaration of value by the Customer (offer or order confirmation) is provided for.

(2) Liability for data loss is limited by the typical recovery effort. This is calculated on the basis of the damage that would have occurred if reasonable security measures had been taken (e.g. making backup copies).

§ 12 Obligation of the customer to back up data The customer is obliged to protect himself adequately against data loss. Since the reinstallation of software, but also the modification of the installed software brings with it the risk of data loss, the customer is obligated to take precautions against data loss by means of a comprehensive data backup before reinstalling or modifying the installed software.

§ 13 Data protection and confidentiality (1) The customer is aware and agrees that the personal data required for the execution of the contractual relationship will be stored by ixtreme on data carriers and, if necessary, passed on to affiliated companies in the context of order processing. The customer expressly agrees to the collection, processing and use of his personal data. (2) The stored personal data will be treated confidentially by ixtreme. This data may be disclosed by ixtreme to agents and pursuant to §§ 3, 4 and 5 of the German Data Protection Act. § 11 of the German Federal Data Protection Act (BDSG) to carefully selected business partners, for example for the purpose of creditworthiness checks.
(3) The collection, processing and use of personal data is carried out in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(4) The customer has the right to revoke his consent at any time with effect for the future. In this case, the agency is obliged to immediately delete the personal data of the customer. In the case of ongoing user relationships, the deletion takes place after the termination of the contract.
(5) Both contracting parties shall treat as confidential any information marked confidential that becomes known to them within the scope of the contract. Software-related documents such as documentation and especially the source code must be protected against unauthorized access. (6) ixtreme points out that according to the current state of the art it is not possible to prevent reproductions of works, especially of graphics or other visual or acoustic means of design, which are put online. For further information on data protection and confidentiality, please refer to our privacy policy.

§ 14 Termination (1) In the case of maintenance contracts and hosting, the customer may terminate the contract with due notice at the earliest 12 months after conclusion of the contract. The contract is extended by 12 months at a time if it is not terminated in writing 1 month before the end of the contract.
(2) The right to terminate for cause remains unaffected. Especially in case of a violation of § 8 – Rights of Use – and if the Customer is in default with the payment of the remuneration by more than one month, ixtreme may terminate the contract without notice.

§ Section 15 Applicable law, foreign language and place of jurisdiction (1) The contracting parties agree that German law shall apply to all legal relationships arising from this contractual relationship. German law shall also apply in cross-border transactions to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction shall be Landsberg am Lech insofar as the customer is an entrepreneur or merchant or a legal entity under public law or a special fund under public law is a contractual partner.
(3) If these General Terms and Conditions (GTC) are translated into a foreign language, the German version of the GTC shall always prevail in the event of linguistic ambiguities.
(4) If any provision of these Terms and Conditions is not legally effective in whole or in part, this shall not affect the legal validity of the remaining agreement. The contracting parties agree to agree on a replacement provision that comes as close as possible to the meaning and purpose of this invalid provision.

II. customer information

1. identity of the seller
ixtreme.
Frau Isabel Unger und Herr Johann Menter
Hauptstr. 18
86931 Prittriching
Deutschland
Telefon: 08206 466 9794
E-Mail: info@ixtreme.media

2. information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).

3. contract language, contract text storage 3.1 The contract language is German. 3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

4. essential characteristics of the goods or services The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.

5 Prices and terms of payment 5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 5.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised. 5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description. 5.4. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6 Delivery conditions 6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description. 6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment. If you are an entrepreneur, the delivery and shipment is at your risk.

7 Statutory liability for defects in goods 7.1 Liability for defects in our goods is governed by the “Warranty” provision in our General Terms and Conditions (Part I). 7.2. As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

8. disputes: The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at *http://ec.europa.eu/odr*.