Terms

1. Preface
1.1 Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de provides its services exclusively on the basis of these general terms and conditions. They apply for all future business relations even if they are not expressly agreed upon once again.

1.2 Modifications to these general terms are only effective if, Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de confirms them in writing. General terms of the contracting party are objected herewith.

1.3 All offers are subject to change.

2. Data Privacy
2.1 According to the Federal Data Protection Act (BDSG) and the law for information and communication (IuKDG) Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de informs you herewith that with filling in the contact form your personal data will be saved in machine-readable form and will be automatically processed.

2.2 The saving and the use of personal data exclusively serve the execution of your inquiry or your order. These data will not be forwarded to any third party. Except from service providers who require the transmission of data for the order processing (i.e. post office, bank). In these cases the volume of transferred data is restricted to a minimum.

2.3 You are entitled to obtain information to correct, block or delete your saved data. Please contact us in this matter on our email address.

3. Order Processing / Payment
3.1 Our prices are basically quoted net without VAT.

3.2 If the order includes the placement of banners and links, the amount agreed upon will be due to the confirmation of the order and the receipt of the invoice.

3.3 If programming is involved, the customer has to pay a third of the amount agreed upon with the confirmation of the order. The remaining allowance will be due to the completion of the works unless otherwise agreed.

3.4 Payments are to be made via bank transfer to the business account of Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de stated on the invoice. Cheques will not be accepted.

3.5 With the receipt of the order confirmation Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de will start to execute and realize the order. Should the customer withdraw his order during the development process, Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de will charge for the costs incurred including the conceptual preparatory work.

3.6 In case the current development process is delayed by the customer for more than six weeks due to non-delivery of requested material, non-availability in case of further inquiries or otherwise, a down-payment of another third of the amount agreed will be due to be paid into the account mentioned in par. 3.4.

3.7 If not otherwise agreed, our offers contain the presentation of a maximum of two basic layouts. Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de is in the position to present further layouts but is not committed to do so. The creation of layouts free of charge is not customary to the trade.

3.8 In case the work executed for your order will not be used, the allowance agreed upon will be due as mentioned in the offer or in the order confirmation respectively.

3.9 Technical or graphical assistance and suggestions of the employer do not have any effect on the allowance agreed upon and are not subject to a copyright.

3.10 Additional activities, services and drafts which exceed the volume of the offer will be charged to the employer, if not otherwise agreed, with € 60,00 per hour plus VAT.

4. Right of Exploitation and Copyright
4.1 Every use, copy, publication or circulation of concepts, drafts, illustrations, photos and layouts of Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de are subject to a fee and require our agreement.

4.2 Concepts, illustrations, drafts, photos and layouts will always remain the property of the creator. In terms of the copyright they will exclusively be allocated to the type of use agreed upon.

4.3 The contracting party is not authorized to transfer the right of use to a third party, allied companies or subsidiaries. In case of disregard an allowance will be due subsequently without delay, at the latest within 14 days after the request for payment and determined by Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de.

5. Identification
5.1 Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de reserves the right to include indications regarding the creator, imprint such as name, address, telephone, fax, internet and e-mail address in its workings.

6. Domain-Server Leasing Contracts / Leasing Contracts / Link Contracts
6.1 Domain-server leasing contracts / link contracts can be terminated in writing at least three months prior to the expiration of the contract. After expiration of this deadline the leasing contracts and link contracts are automatically extended for another 12 months.

7. Liability
7.1 Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de does not assume liability for the legitimacy of the works with regard to competition law and labeling. The same applies for the protectability.

7.2 Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de uses the received drafts (logos, material, texts) on the condition that the applicant is entitled to use them. He confirms that the pictures, texts and documents sent for the purpose of copying/presentation are free from third party rights. Moreover, he confirms that the licenses required for the publication in the Internet belong to his property. The customer indemnifies Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de from any third party claims due to possible infringements of copyright.

7.3 The contracting body assumes the entire responsibility of the publication with the acceptance of the work. Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de does not assume liability for mistakes in form and content.

7.4 The guarantee of the operativeness will expire after being approved in case of interferences and changes in the system. The guarantee is limited to possible spelling mistakes until approval is given.

8. Data Transfer
8.1 Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de accepts texts that should be integrated in HTML in the formats DOC (from MS Word 6.0), HTML and RTF. The graphic material for websites is accepted in the formats EPS, TIF, PSD, GIF and JPEG. As data processing medium Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de accepts 1,44 MB
compact disks and Iomega ZIP-media (100 MB). Data sent via e-mail are also accepted but should not exceed 10 MB.

8.2 Besides the online provision Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de also allocates a completed website on a CD-ROM, if required.

9. Final Clauses
9.1 Place of performance and jurisdiction for both contracting partners shall be Mannheim. This agreement shall be governed by German law.

9.2 Should one or several regulations become invalid, the efficiency of the remaining regulations will not be effected. In this case the contracting partners will make an effort to find an alternative settlement.

Bluebird & Green GmbH + Co KG // Homebrands // horseweb.de – Ostenhellweg 31, 44135 Dortmund, 21.03.2017 HRB 22648 Chief Executive Officer (CEO): Daniela Jaeger