InstantAdwiser
Edin Begic
Karwendelstr. 49
81369 Munich
email: info@instantadwiser.com
1.General information
These terms and conditions apply to contracts for the delivery of digital content of Instantadwiser.com, not on physical data carriers – by the customer – hereinafter referred to as CUSTOMER – within the scope of the usage contracts concluded with CUSTOMER.
In each case the terms and conditions displayed at the time of the conclusion of the contract apply. We do not recognize any regulations deviating from these terms and conditions. Any purchasing conditions of the CUSTOMER are hereby contradicted. They will not be recognized even if we do not expressly object to them again after receipt.
All changes and additions as well as side agreements and special arrangements of the contract require the written confirmation by InstantAdwiser.com to be effective. This also applies to a possible cancellation of this clause.
The offer is intended for consumers.
2.Right of withdrawal for consumers for contracts about the use of digital contents
Cancellation policy: Consumers are entitled to a right of cancellation according to the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Right of revocation: You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear statement (e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of your decision to exercise your right of revocation before the end of the revocation period.
Consequences of the revocation: If you revoke this contract, we must refund all your payments we have received, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event you will be charged for this refund.
3.Range of services
The InstantAdwiser provides customers with access to the information displayed at InstantAdwiser.com through its online offering. A detailed description of the content can be found on the InstantAdwiser.com website. The provision of data and information of the product is at the expense and risk of the recipient.
InstantAdwiser.com online services are defined as content that can be accessed and used online using access data for the duration of the user contract.
4.Subject to change
InstantAdwiser.com reserves the right to change the digital content at any time, especially to reduce or expand the scope of the service appropriately.
5.Access data, technical requirements
The CUSTOMER receives access from InstantAnwiser.com after conclusion of a user contract (single license). With the username and password the CUSTOMER can log in to the password protected online service. This access data entitles him/her to use the online services within the scope of his/her user contract. If the CUSTOMER is an institution (public authority, company, etc.), different persons can be authorized to use the online service after a corresponding agreement (so-called network license agreement), whereby each authorized user receives his own access data.
The CUSTOMER must provide the individual technical requirements for the access and the use of the online services, even in the case of further developments of the software platform or other technical system components by InstantAnwiser.com. In particular, the CUSTOMER must providethe necessary hardware and operating system software, the internet connection and up-to-date browser software.
6.Periods of unavailability
The InstantAdwiser.com online services can be used seven days a week, 24 hours a day. A use with reasonable response times is guaranteed. InstantAnwiser.com strives for an availability of the Onlinedineste of 95% in the annual average.
The determination of downtime does not include periods of unavailability
– due to the lack of technical requirements to be provided by CUSTOMER for the access and use of the online services,
– due to faults in the data transmission network or defects that are the responsibility of the data transmission company,
– due to force majeure, in particular power failures or disturbances of the telecommunication networks,
– due to routine or required maintenance or updates between 22:00 and 6:00. Extraordinary maintenance periods between 6:00 a.m. and 10:00 p.m. are not considered as downtimes, provided that they do not exceed a maximum of three hours per month.
7.Copyright
The digital content is content created specifically by InstantAdwiser.com.
The seller reserves all intellectual property rights in all digital content, logos, images and other materials. The copyright notices, digital signatures, trademarks and other legal reservations contained in digital content is not allowed to be edited or removed. In addition, digital contents are not allowed to be further processed, changed in content or editorial terms, sold, passed on, published, made available for download, edited or transferred in any other way by the customer.
The customer does not acquire ownership of digital content. The customer is only granted the simple, temporally limited, personal and non-transferable right to use the digital content for personal use. The customer is entitled to use the digital content for personal purposes on a computer or mobile device. The partial or complete transfer of the digital content, a copy or a printout to third parties is prohibited. The customer is strictly prohibited from public reproduction, posting the digital product on the Internet or in a company network, lending, reselling or any other type of use for commercial purposes. The passing on of the access data to the account of the digital content is also prohibited.
In the event of unauthorized, improper use of the seller’s online offer or a violation of these terms and conditions (including terms of use), the seller has the right to temporarily or permanently block the customer’s access. In any case, the seller reserves the right to take criminal steps.
8.Prices, sales tax and payment
InstantAdwiser.com charges the CUSTOMER a semi-annual price as a compensation for the subscription, as specified in the contract of use. All prices are final prices in Euro and include the legal VAT.
The invoice is issued semi-annually in advance (billing period). The invoice is issued in electronic form.
The provision of the digital contents is always subject to advance payment by the customer. Unless otherwise individually agreed, the purchase price shall be paid immediately after order confirmation by bank transfer, credit card or PayPal.
A direct debit mandate issued by the CUSTOMER includes future orders as well as already existing continuation orders with InstantAdwiser.com. A cancellation of the direct debit mandate is possible at any time.
If the CUSTOMER is in default of payment, InstantAdwiser.com is entitled to charge a processing fee and interest on arrears of 5% above the prime rate per annum announced by the European Central Bank. In case of default of payment InstantAdwiser.com is entitled to revoke the rights of use and to block the access to the online services without further explanation.
InstantAdwiser.com can increase the payment due to cost increases. The customer will be informed about the adjustment of the compensation. In this case the CUSTOMER has the right to cancel the contract without notice at the end of the current subscription period.
9.Term/ Cancellations
Subscriptions to online services are concluded with a minimum contract term of six months. Deviating from this, individual agreements can be made in the user contract.
The contract period is extended by a further six months in each case if the contract is not terminated (by email) with a notice period of four weeks to the end of the contract period (date of receipt).
10.Warranty
InstantAdwiser.com does not guarantee that the data offered will meet customer expectations or that a specific customer goal can be achieved.
Incorrect data will be corrected immediately by the provider, if possible, after a written and comprehensible error description by the customer. A guarantee for the correctness and completeness of the data is excluded, as is the guarantee that the application or the data contained therein will meet the requirements or the expectations of the user. If it is not possible to remedy the defect or to deliver a replacement within a reasonable period of time, the customer can demand a proportional reduction. InstantAdwiser.com is only obliged to a maximum of two attempts of rectification. The right to withdraw from the contract is limited to the existence of substantial defects. The aforementioned does not apply to contracts with consumers according to § 475 BGB.
Complaints must be made by writing by an email without delay, in the case of other complaints about obvious defects within one week of receipt of the consignment.
Claims for damages by the buyer due to delayed or omitted delivery are excluded (except the cases of § 309 7/8 a BGB).
11.Liability
In particular, liability is excluded for incorrect data based on incorrect entries in the supplying sources or on incorrect transmission from these sources.
In general InstantAdwiser.com is only liable for intentional or grossly negligent actions of its legal representatives and vicarious agents. This limitation of liability applies to all contractual and legal claims.
InstantAdwiser.com is not liable for damages due to force majeure.
The publisher is not liable for defects or damages caused by third parties.
12.Data protection
InstantAdwiser.com points out according to § 33 Abs. 1 Bundesdatenschutzgesetz that the user data of the customers are stored in machine-readable form and processed in the context of internal accounting and evaluation procedures. All data protection regulations are strictly observed. Personal data will not be passed on to third parties.
When using the data, the customer undertakes to comply with the provisions of the data protection laws applicable in the Federal Republic of Germany.
13.Miscellaneous
If not already mentioned, the provisions of data protection law, copyright law and other legal provisions applicable in the Federal Republic of Germany apply to the provider-customer relationship.
14.Severability clause
Only the Terms and Conditions of InstantAdwiser.com apply. The inclusion of other general terms and conditions is expressly contradicted. All provisions contained in these Terms and Conditions are severable and shall be evaluated separately from the remaining provisions, if one or more provisions are invalid. Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions of the Terms and Conditions shall not be affected. Rather, the invalid provisions shall be replaced by a substitute provision that corresponds or at least comes as close as possible to the purpose of the conditions, which the contracting parties would have agreed upon if they had been aware of the invalidity.
15.Place of performance/ Jurisdiction
Place of performance is the registered office of InstantAdwiser.com. Exclusive place of jurisdiction is the seat of InstantAdwiser.com, as far as they are registered traders. The same applies to legal entities under public law or special funds under public law. The entire contractual relationship is subject to German law, regardless of whether the client is subject to another law.