General Terms and Conditions of LeanPort digital technologies GmbH hereinafter referred to as Leanport.
1. Conclusion of contracts / terms / contract termination
Each contractual agreement and contract termination must be in writing.
The customer agrees with the confirmation of the order, all agreed and established conditions. Placed orders may be canceled in parts or in total only with the written consent of LeanPort. Services that have already been provided by placing the order will be invoiced in their entirety. Canceled services will be charged by LeanPort at a flat rate of 25%.
2. Delivery times / project completion
The estimated delivery time depends on the order package. The delivery time is listed in the order confirmation or can be agreed individually. If an order can not be completed on time due to missing information from the customer, LeanPort is entitled to settle the order and continue the work after receiving the missing information / data. Failure to comply with time limits for force majeure, eg. Mobilization, war, rebellion, or similar events, e.g. For example, strike or lockout, the deadlines are extended appropriately. In the event of culpable exceeding of the delivery time delay occurs only by written reminder of the client. In the event of default, the client may withdraw from the contract after the renewal of a reasonable grace period. LeanPort is liable in case of impossibility of performance in cases of intent or gross negligence of Leanport in accordance with statutory provisions. The liability of LeanPort in cases of gross negligence, however, is limited to the contractually typical, foreseeable damage. Outside the cases, the liability of the contractor for the impossibility of damages and reimbursement of wasted expenses is limited to a total of 10% of the value of the service. Further claims of the customer of LeanPort due to impossibility of delivery are excluded. Production means, e.g. Photo or film material, are stored only on written instructions of the client. LeanPort assumes no liability for damage or loss. For the representations and texts released by the client, LeanPort shall not be liable. Complaints must be made in writing to LeanPort within 14 days of the order being made. Obvious defects that deviate from the order confirmation will be promptly corrected by LeanPort. After this period, the order is considered to be free of defects. Changes that prove technically necessary can be made by LeanPort, as long as you do not change the overall picture and protect the interests of the customer.
3. License fees, images, templates
Actual license fees for any kind of externally related sound, image and design material shall continue to be charged to the customer in full. The customer is obliged to independently re-use third-party sound, image and design material to pay the license fees directly to the licensor. Templates and images by LeanPort may only be used for one domain at a time. The templates and images may not be resold or used for other internal / external projects. For all creative services such as photos, logos, design, programming, texts, etc., the legally regulated copyright remains. On each website, the imprint must refer to the origin of the material (template, photos, programming, etc.).
4. Prices, terms of payment
If the order is not placed within a period of 4 weeks after submission of the offer, LeanPort has the right to recalculate the order. Services that the agency purchases from suppliers are only commissioned immediately before the start of production. If there are price increases compared to the offer when placing the order, these will be charged further in coordination with the client. If additional requirements are requested by the client for the delivered service, this additional service will be calculated separately on the basis of the offer in terms of scope and effort. All prices are exclusive of applicable VAT. The remuneration of an order is due after completion of the contract. Withholding of payments and offsetting of liabilities with counterclaims by the client is only permitted if counterclaims have been legally established or are undisputed. Retention of title: The services provided by LeanPort remain the property of LeanPort until full payment of all liabilities arising from the business relationship. The rights of use are in the agreed order...
5. Hosting Fees / Domain Fees:
The customer is obliged to pay the fee for the hosting and the domain fees in advance. For all other services, the respective contracts apply. The billing period is determined by the term of the services ordered. In the event of default, LeanPort is entitled to demand a reminder fee of 15.00 Euro and the Provider reserves the right to demand the outstanding amount via debt collection company and to immediately block all services to the Customer. The suspension of a blocking takes place immediately after the receipt of the complete payment receipt. If the payment by direct debit agreed and an unjustified return debit or can not be redeemed a direct debit, then a lump-sum fee of 10, - € plus. VAT charged.
6. Domain registrations / terms / termination
The provider acts as an intermediary between the customer and the respective Network Information Center (NIC). The customer is solely responsible for the legal admissibility of the registration and use of his domain (s). He is obliged to check any desired domain before applying for it, that it does not violate any legal provisions or rights of third parties, in particular name, trademark, copyright and other property rights. The guidelines of the competent registration authorities must be observed. By applying for a domain, the customer confirms that he has fulfilled this obligation and that the verification has revealed no evidence of legal inadmissibility of the registration and use of the domain. The data for registering domain names will be forwarded to the respective NIC in an automated process and without any guarantee. The customer can only proceed from an actual allocation of the domain name, even if the previous request has been received in advance, if this has been confirmed by the respective NIC. Any liability and warranty for the allocation of the ordered domain names is excluded by the provider. All webhosting contracts have a contract period of one year and can be terminated 3 months before expiration. If no termination takes place, the contract is automatically renewed for another year. In case of termination, the client bears the costs and risks of moving the domain. Leanport does not warrant that all features will work on a remote server.
7. Confidentiality obligation / disclosure of data to third parties
The customer undertakes to keep all passwords strictly confidential for the purpose of access to the services provided by the provider and to inform the provider immediately as soon as he becomes aware that a password is known to unauthorized third parties. Should third parties use services of the provider as a result of misuse of the passwords, the customer is liable to the provider for usage fees and damages. LeanPort undertakes to keep secret all business transactions of the client that became known during the cooperation. The secrecy obligation applies beyond the duration of the contract. We will not share your personal information, including your home address and e-mail address, without your explicit and revocable consent to third parties. This does not apply to our service partners, who require the transmission of data for order processing (for example, the shipping company responsible for the delivery and the bank responsible for processing the payment).
8. Data security
It is expressly pointed out that the data protection for data transmissions in open networks such as the Internet, can not be fully guaranteed in the current state of the art. The customer knows that the provider can view the page offer stored on the web server and possibly also other data stored there from the customer from a technical point of view at any time. Server-side antivirus detects viruses in e-mails based on associated virus signature files and blocks typical malware attachments. Suspected virus or malware emails are reported to the recipient mailbox with additional information, the email itself remains in a quarantine area and will not be delivered. 100% protection can not be guaranteed. Liability claims for damage caused by viruses or other malware are excluded.
9. Liability, claims for damages
The use of the services is at your own risk and risk. The provider guarantees the availability of the server services, with the exception of periods in which the servers can not be reached due to technical or other problems that are outside the control of the provider (force majeure, fault of third parties, etc.). For damages is liable
10. Final Determination
The general terms and conditions of LeanPort digital technologies GmbH apply to every transaction. This also applies to all subsequent business transactions that do not explicitly refer to the terms and conditions of the agency. Agreed changes to the terms and conditions of the agency are effective only in writing.
11. Applicable Law and Jurisdiction
The contractual provision is governed by German law. Jurisdiction is Berlin (Charlottenburg) as far as the contractor is a merchant.
12. Severability clause
Should provisions of these General Terms and Conditions and / or the contract be or become ineffective, this shall not affect the validity of the remaining provisions. Rather, instead of each ineffective provision, a substitute provision corresponding to the purpose of the agreement, or at least approximating it, shall apply, as the parties would have agreed to achieve the same economic result if they had known the provision was ineffective. The same applies to incompleteness.
LeanPort digital technologies GmbH
Lehrter Str. 41, 10557 Berlin
Registergericht: Amtsgericht Charlottenburg, Berlin