Terms and Conditions(Translation)
The
Rosehr: Marketing - „office and go.De“ offered services are governed by the following terms and conditions:-
Setup of advertising measures for the purpose of preparation and inclusion in the online portal.
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Search machine optimisation
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Search machine marketing
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Consultation
In accordance with the following general conditions of contract. Additional or complementary conditions deviating from the general conditions of contract by the contracting partner (in the following "customer") are only valid by written confirmation from Rosehr: Marketing - " office and go. De ".
1.
Supply of the Specified Service is in every case a single agreed contract between the customer and
Rosehr: Marketing - "office and go.De" The agreement is based upon an individual offer by Rosehr: Marketing - „office and go.De“ which is subject to information provided by the customer and which Rosehr: Marketing - „office and go.De“ has beforehand agreed with the customer in respect to performance achievement, scope and price.2.
The customer may promote in the Online Web Platform of Rosehr:
Marketing - „office and go.De“ all forms of products or services by product/service information or through frame linking as long as the content is not illegal or does not breach these terms and conditions and does not infringe the legal rights of third parties. Rosehr: Marketing - „office and go.De“ reserves the right to decline in part or full any advertising material.
Claims by the customer through the use of the
Rosehr: Marketing - "office and go.De" Online Portal are only valid as far as current available technology allows. The offer can become temporarily limited or suspended for reasons of capacity, the security or integration of data or as the case may be through technical or system requirements or improvements (service and maintenance) In these situations Rosehr: Marketing - „office and go.De“ will advise the customer as far as possible beforehand.
3.
All texts, Search phrases, Key-Words, titles and URLs that are implemented or suggested in the scope of the offer must be approved beforehand and independently checked by the customer. Rosehr: Marketing - "office and go.De" does not check approved data and content regarding any legal rights. In particular the customer must abide by criminal regulations.
The customer is exclusively obliged to ensure that the approved data and search phrases and their respective content as well as that of web sites linked by search results are not illegal or immoral in their respective countries. In particular the customer must abide by criminal law, the right of misdemeanour, regulations relating to the protection of children and young people, and, consumer protection and well as laws relating to unfair competition. With this the customer is exclusively responsible that the approved data and search phrases and their respective content as well as that of web sites linked by search results including all other forms of the advertising measures, including the services of the customer, do not breach the legal system in the respective countries, are to approved rules of etiquette of professional organisations and do not infringe the legal rights of third parties. The customer is further exclusively responsible that the approved data and search phrases and their respective content as well as that of web sites linked by search results as well as those of the customer relating to the online portal of Rosehr: Marketing - „office and go.De“ approved advertisement and respectively those websites linked to the advertisement do not infringe the rights of third parties, meaning especially but not limited to originator rights, utilisation rights, registration rights and respectively brand rights, privacy laws, name rights or any other commercial protection rights. The customer assures that in the utilisation of the offer by the establishment of the content and or content links they will abide by the requirements stated herein and respectively to be legally authorised to do so.
In connection with the search machine optimisation and respectively the search machine marketing, the customer states they will pay attention to and where obligatory abide by, all the guidelines and user instructions of the respective search machines, in particular to refrain from, direct or indirect, the generation of enquiries, recommendation events, creating impressions from, or clicks on advertisements, links, search results or recommendation buttons, through automatic, misleading, deceitful or other inadmissible aids directly or indirectly, for example, by repeated manual click, use of robots and other automated query tools and or computer generated search queries and or by the unauthorised use of other services and or software for search machine optimisation.
4.
The customer holds Rosehr: Marketing - „office and go.De“ free from all liability in respect to third party claims against Rosehr: Marketing - „office and go.De“ due to infringement of rights through the published content and or content of links or due to other use of the offer from Rosehr: Marketing - „office and go.De“ The customer hereby takes over also the costs of any required legal defence of Rosehr: Marketing - „office and go.De" including all court and lawyer costs. This is not valid if the infringement is not due to any fault on behalf of the customer.
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6.
As far as hereinafter nothing otherwise exists, the liability of the customer is forthwith excluded.
Rosehr: Marketing - „office and go.De“ remains liable for damages caused by deliberate or gross negligence, by the purposeful concealment of defects, for the suitable condition of the goods or service provided as well as for damaged to life, body or health. Regulations relating to product liability law remain unchanged. Rosehr: Marketing - " office and go. De " is liable for other damages caused by carelessness provided that an obligation is breached and the obligation is a critical part for the correct performance of the contract (cardinal obligation) and provided that the carelessness is typical and foreseeable. Liability for third party loss, loss of profit or other financial losses are excluded as far as the insured liability limits of Rosehr: Marketing - " office and go. De " This limitation also counts to the personal liability of employees, representatives and helping parties.
7.
The agreement of use (contract) for the Online Portal has a minimum duration of 12 months. The contract duration will renew in each case thereafter for a period of 3 months if no cancellation is received in writing by Rosehr: Marketing „office and go.De“, Sickingenstr. 30, 55278 Köngernheim, at the latest more than two weeks before renewal is in case is due. The right of extraordinary cancellation and suspension of contents respectively remains unchanged.
The terms of notice agreed in the individual contract agreement are valid for limited period contract relationships. Cancellation due to extraordinary circumstances remain unchanged. Where neither a term nor notice of cancellation period is agreed, either party may serve a notice of cancellation for which the notice period in every case will be 6 weeks from the end of the current quarter. The right of extraordinary cancellation and suspension of contents respectively remains unchanged.
8.
The contract parties may not make available business or trade secrets including all other confidential information to third parties, unless necessary for the correct completion of this contract. This requirement also counts ongoing as an obligation of the parties after the termination of the contractual relationship.
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10.
All changes to the contract relationship must be made using the written form (§ 125 BGB). Rosehr: Marketing - „office and go.De“ reserve the right to change these terms and conditions at any time and for any reason. The customer will be informed of any changes to these terms and conditions a minimum of two weeks before their introduction. If the customer does not object to any changes within two weeks of receipt, such changes will become automatically accepted and valid. Rosehr: Marketing - - „office and go.De“ will highlight the meaning of the automatic acceptance of changes specifically in each change notification.
11.
The customer may only set their own charges against this of Rosehr: Marketing - "office and go.De" when the charges of the customer have been finally and satisfactorily concluded as being due to a breach of a legal requirements by Rosehr: Marketing - "office and go.De" or when the charges of the customer remain indisputable.
12.
As far as the customer is an enterprise, any claims
resulting from the use of the websites of
Rosehr: Marketing - "office and go.De"
shall be governed by German Law under exclusion of the UN Convention
on the International Sale of Goods. Any court disputes shall be
settled exclusively at the courts of Mainz.
As far as the customer is a consumer, the contract of utilisation
and the present general terms of utilisation are defeated by the
right of the Federal Republic of Germany, as far as no compelling
legal regulations, in particular consumer protection regulations
stand in the way of such. Should any part of these terms and
conditions become invalid, the remaining parts of the terms and
conditions shall remain valid. Any terms and conditions that become
invalid shall be replaced by suitable terms and conditions that
maintain the objective and purpose of those invalidated. This also
apply to areas where required regulations may be omitted.
This English version of our terms and conditions is a translation of the German version for the purposes of goodwill and therefore in all cases the German version shall remain the true legal document and shall govern in all contractual matters. In dispute situations, only the German version shall be the applicable legal document and shall be presented as and when required. The English version shall only be for the purpose of approximate understanding of the German version for non German speakers and no liability is accepted by
Rosehr: Marketing - "office and go.De in cases where a contradiction or legality issue exists between the German and English versions. Should a contradiction or legality issue in part or full exist, the German version shall replace that of the English version. In accepting the services of Rosehr: Marketing - "office and go.De the customer agrees in every case that they have taken appropriate measures to check all requirements set forth in the German version and furthermore agrees that their acceptance of any contractual offer from Rosehr: Marketing - "office and go.De shall be solely governed by the German version.
In all cases the price and scope of product shall be that shown current at www.rosehr.net
Current as of 01.01.2007