Contact
Terms and Conditions
Validity
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.
Prices
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.
Delivery
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.
Liability
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.
Conditions
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.
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Contact/ Imprint
datenStudio.de is a service of:
Andreas Schwope
Agentur für neue Medien
Am Thie 13
D-31087 Landwehr
Tel.: ++49 (0)5382/958867
Fax: ++49 (0)5382/958868
This email address is being protected from spambots. You need JavaScript enabled to view it.
Umsatzsteuer-ID: DE 813914209
Please use our form for your contact.
For all areas apply our terms and conditions.
Privacy policy
1. An overview of data protection
General information
The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit our website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.
Data recording on our website
Who is the responsible party for the recording of data on this website (i.e. the “controller”)?
The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.
How do we record your data?
We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.
Our IT systems automatically record other data when you visit our website. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access our website.
What are the purposes we use your data for?
A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyse your user patterns.
What rights do you have as far as your information is concerned?
You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified, blocked or eradicated. Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues. You also have the right to log a complaint with the competent supervising agency.
Moreover, under certain circumstances, you have the right to demand the restriction of the processing of your personal data. For details, please consult the Data Protection Declaration under section “Right to Restriction of Data Processing.”
2. General information and mandatory information
Data protection
The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.
Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.
We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.
Information about the responsible party (referred to as the “controller” in the GDPR)
The data processing controller on this website you can find inside the imprint. The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).
Revocation of your consent to the processing of data
A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.
Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)
In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).
If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).
Right to log a complaint with the competent supervisory agency
In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.
Right to data portability
You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.
Information about, blockage, rectification and eradication of data
Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”
Right to demand processing restrictions
You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:
- In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
- If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
- If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
- If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.
If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.
3. Recording of data on our website
Cookies
In some instances, our website and its pages use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. The purpose of cookies is to make our website more user friendly, effective and more secure. Cookies are small text files that are placed on your computer and stored by your browser.
Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your leave our site. Other cookies will remain archived on your device until you delete them. These cookies enable us to recognise your browser the next time you visit our website.
You can adjust the settings of your browser to make sure that you are notified every time cookies are placed and to enable you to accept cookies only in specific cases or to exclude the acceptance of cookies for specific situations or in general and to activate the automatic deletion of cookies when you close your browser. If you deactivate cookies, the functions of this website may be limited.
Cookies that are required for the performance of the electronic communications transaction or to provide certain functions you want to use (e.g. the shopping cart function), are stored on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in storing cookies to ensure the technically error free and optimised provision of the operator’s services. If other cookies (e.g. cookies for the analysis of your browsing patterns) should be stored, they are addressed separately in this Data Protection Declaration.
Server log files
The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:
- The type and version of browser used
- The used operating system
- Referrer URL
- The hostname of the accessing computer
- The time of the server inquiry
- The IP address
This data is not merged with other data sources.
This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.
Quelle: e-recht24.de
Who is datenStudio - We introduce ourselves.
The Agency datenStudio.de was founded in 2004 and has been involved with the creation and implementation of Internet projects. Since the establishment, we have managed many customers satisfactory to use.
With our work we focus on the areas of individual programming of websites, content management systems, shop solutions, custom layout designs and its realization, individual re-programming of proven systems and consulting in the area of an internet presence. Depending on the requirements and state of the art, we are expanding our offerings and solutions. We always work together with professional programmers, which we offer in accordance with the requirement to allocate the orders and as a total solution to our customers.
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