General Terms and Conditions for Services of Eichhorn, Piwonka, Stein, Ziegler GbR on www.PICSTAR24.com and www.PICSTAR24.de
As of 01/2010
1. Preliminary remarks / General
1.1 These General Terms and Conditions apply to all services offered on the PICSTAR24.com online platform by Matoware. The offer is aimed exclusively at customers who make use of the services offered in the exercise of their commercial or independent professional activity. The contract of use pursuant to Clause 2 comes into effect between the customer (you) and Matoware with the setting up of a user account. For the individual orders, the following conditions represent a framework agreement. The individual contracts are concluded by the respective order of the customer (offer) and its acceptance by Matoware.
1.2 Matoware provides services from the areas of image processing and optimisation via the online platform PICSTAR24.com. For this purpose, the customer is provided with an input mask in the closed user area, via which he can submit (upload) the files to be processed and define the order. Matoware makes the files available for download on this platform after the order has been executed.
1.3 These Terms and Conditions and all previous versions are permanently available at www.PICSTAR24.de/AGB.
1.4 Matoware reserves the right to amend or modify these Terms and Conditions as necessary. The intended changes will be communicated to the customer. Unless the customer expressly objects within one month of receipt of the notification, the amended contractual terms shall be deemed agreed for the future. Otherwise, Matoware shall be entitled to terminate the contractual relationship with a notice period of 2 weeks from the receipt of the objection.
2. User Account
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2.1 Matoware provides the customer with a personal user account for the purpose of using the services offered in accordance with the following agreements as well as for the execution of the contract. This requires the registration by the customer by providing the data required for the processing of the contract. The registration is free of charge. The customer undertakes to provide his data completely and correctly and to adjust them immediately in the event of changes.
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2.2 The access data, consisting of the user name and the password, must be kept secret and protected from access by third parties. The user undertakes to report cases of misuse as well as possible knowledge gained by third parties to Matoware immediately. A legal transfer of the user account to third parties is excluded.
2.3 The user account may be terminated by either party at any time without giving reasons. The termination must be made in text form (letter, fax, e-mail). The placing of new orders is no longer possible from the time of receipt of the termination. The user account can still be used until the expiry of the longest current or pending retention period in accordance with Clause 3.4. The deletion of the customer data shall take place as soon as it is no longer required for the processing of the contractual relationship or current orders.
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2.4 In the event of termination by the customer, the customer itself shall ensure timely back-up copies of the data still stored by Matoware.
2.5 Matoware reserves the right to terminate or shut down the user account for good cause. Good cause shall be deemed to exist in particular in the event of copyright-infringing behaviour on the part of the customer or repeated false statements in connection with the specification of processing tasks.
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2.6 Matoware further reserves the right to shut down or delete unused accounts.
3. Conclusion of Contract
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3.1 Matoware provides an input mask for new orders in the user area. There the customer can specify the edits to be made and transfer the associated files to Matoware’s server.
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3.2 Based on the processing data provided by the customer, the system calculates a provisional price. Matoware reserves the right to adjust this automatically calculated price if necessary in the event of inaccurate information, which will be communicated to the customer.
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3.3 The contract is concluded by an express declaration of acceptance by Matoware or, in the case of a price adjustment, by the customer.
3.4. Matoware shall make the processed files available for download in the closed user area for 1 month after completion of the order and inform the customer about this by e-mail.
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4. Rights of Use
4.1 The Customer warrants that it holds all rights of use to the supplied visual material which are necessary for the commissioning of Matoware and the associated acts of use and granting of rights
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4.2 Matoware is entitled to digitally reproduce the files provided for the purpose of executing the order, to process them in accordance with the order and/or to have the aforementioned actions carried out by a subcontractor. Matoware undertakes not to pass on the files provided to third parties and to delete copies no longer required for the performance of the contract without delay. Passing on the data to subcontractors is permissible.
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4.3 Matoware may keep a backup copy of executed orders in encrypted form for evidentiary purposes. These copies shall be deleted after the expiry of the warranty period.
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4.4 The customer shall indemnify Matoware against all claims made against it by third parties on the basis of the transmission of infringing data (cf. Clause 4.1.). This shall also apply in particular to claims based on a no-fault claim for injunctive relief.
5. Duties of the Customer
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5.1 The customer is obliged to provide truthful information within the scope of the registration as well as the placing of the order via the user interface provided at PICSTAR24.com. This applies in particular to the information on the degree of complexity of the ordered services and the image data.
5.2.
5.2 Illegal material is excluded from processing and may not be placed in the system. Matoware reserves the right to forward unlawful data to the law enforcement authorities and to file criminal charges.
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5.3 The customer assures that he has checked the files transferred to Matoware’s server with an up-to-date virus scanner and that these are free of malware according to the respective state of the art.
6. Prices and Terms of Payment
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6.2 All prices quoted are net plus the applicable statutory value-added tax (currently 19%).
6.3 Payment for the services obtained from Matoware shall be made by means of the payment methods offered within the framework of the order. Insofar as data of the customer must be passed on to third parties (e.g. credit card companies and other payment providers) in this connection, the customer expressly consents to the transfer of data for this purpose.
6.4.
6.4 In the event of default, the customer shall additionally owe reimbursement of all damages caused by default, including the costs of legal action, as well as default interest in accordance with the statutory provisions.
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7. Set-off and right of retention
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The set-off against due claims of Matoware by the customer shall only take place with legally established or undisputed claims. The customer shall only be entitled to exercise a right of retention if this is based on the same contractual relationship.
8. Warranty
8.1 The warranty period is 12 months from the complete execution of the respective order. The period begins with the download of the order files by the customer within the retention period of para. 3.4. / 9.1. or with its expiry, whichever occurs first.
8.2 The customer must check the files processed by Matoware after downloading them from the server (visual inspection) and report any defects or missing files within 2 weeks after completion of the data transfer. Otherwise, the order shall be deemed to have been executed in accordance with the contract. This shall not apply to such defects that were not recognisable during this inspection.
9. Data backup
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9.1 Matoware shall keep the processed data available for download for 1 month after completion of the order in accordance with clause 3.4.
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9.2 Matoware does not take over a further data protection. In particular, the customer is responsible for backing up the original data as well as the processed files.
9.3.
9.3 Insofar as data are archived in accordance with clause 4.3, their subsequent provision is possible for a fee. Matoware shall not be obliged to do so.
9.4.
9.4 Current and past contract data are stored (provided they do not date back more than 4 weeks) and can be viewed in your personal customer area at any time within this period. You can access the GTC at any time here http://www.PICSTAR24.de/AGB.
10. Reservation of Cancellation
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Matoware reserves the right to withdraw from the contract in the event of non-availability of the contractual performance due to lack of self-supply / order execution by subcontractors, due to force majeure or in the event of unforeseeable obstacles to performance which cannot be eliminated by reasonable expenditure and for which Matoware is not responsible. In such a case, Matoware shall immediately inform the customer of the unavailability and immediately refund any consideration provided by the customer.
11. Liability
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11.1 The liability of Matoware and its vicarious agents is limited to intent and gross negligence.
11.2. Matoware shall furthermore only be liable for typical and foreseeable damages.
11.3. in all other respects, liability shall be limited to 5 times the order value.
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11.4 The above limitations of liability shall not apply in the event of injury to life, body or health.
12. Other
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12.1 This contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of private international law
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12.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is agreed to be Ludwigsburg.
12.3 Verbal subsidiary agreements do not exist.
12.4 Amendments to this contract must be made in writing. This shall also apply to the waiver of the written form requirement.
13. Salvatory clause
Should individual provisions of this contract be or become invalid, this shall not affect the remaining agreements.