§ 1 Scope
(1) All services and deliveries of NIKI P. – THEMES, Niki Papageorgiou (hereinafter nikip-themes.com) are provided exclusively on the basis of these General Terms and Conditions. Differing terms and conditions of the customer are not part of the contract, unless they are expressly confirmed in writing by the nikip-themes.com (Niki Papageorgiou). The performance of services by nikip-themes.com (Niki Papageorgiou) without any implication that the terms of the customer. (2) The terms and conditions also apply to future business relationships and repeat business even without further written agreement.
§ 2 Offer and Acceptance
(1) referred to in brochures, price lists, catalogs, circulars and other printed matter offers nikip-themes.com (Niki Papageorgiou) are non-binding. Subject to change without notice. (2) At the request of the customer given contract offers can be adopted within two weeks by the customer, unless the contract offer, a longer period is granted for the adoption. (3) nikip-themes.com (Niki Papageorgiou) reserves the improvements or changes their contracted services, provided that this is reasonable for the customer and the customer thus does not suffer a significant disadvantage. (4) On request, the customer made Estimates. The costs incurred will be charged with the later order. Failure to placing an order nikip-themes.com (Niki Papageorgiou) reserves the right to charge the expenses and compensation for the cost estimate to the customer. (5) The writing in the sense of these conditions are met, a fax or email.
§ 3 Prices and maturity
(1) All prices and offers are exclusive of statutory VAT. (2) With the completion of the contract, the contract price is due immediately. the customer for reasons that are not the responsibility of nikip-themes.com (Niki Papageorgiou), before completion of the contract resigns, the nikip-themes.com (Niki Papageorgiou) reserves the right to remuneration. The claim for compensation is calculated in this case, according to the expenditure incurred by the nikip-themes.com (Niki Papageorgiou) expenses (labor and other expenses). The nikip-themes.com (Niki Papageorgiou) reserves the right to assert demonstrably incurred higher expenses and damages. (3) nikip-themes.com (Niki Papageorgiou) reserves the right to determine the remuneration of the order placed already at order acceptance, prior to finalizing fully or partially charged. (4) Unless made no other agreement, the invoices of nikip-themes.com (Niki Papageorgiou) receipt of invoice shall be due immediately. Payments are credited as being effected to the bank account of nikip-themes.com (Niki Papageorgiou). (5) The customer is in arrears if the invoice amount is not paid within three business days of receipt. A special reminder is required. If the payment deadlines, the statutory default interest. nikip-themes.com (Niki Papageorgiou) reserves to prove and claim higher damages. (6) against the demands of nikip-themes.com (Niki Papageorgiou) the customer may only offset undisputed or legally established counterclaims. The customer can only exercise if his counterclaim is based on the same contract. The assignment of claims of the customer against nikip-themes.com (Niki Papageorgiou) is excluded.
§ 4 Delivery
Delivery dates and deadlines and Obstacles
(1) Delivery dates are only binding if they are expressly agreed in writing and are marked as such. (2) The express written pledged by the nikip-themes.com (Niki Papageorgiou) delivery dates and periods are subject to the involvement of the customer, in particular the timely delivery and provision of all necessary data and documents. (3) The customer has any circumstances which may lead to delays and delays of delivery or completion, immediately notify the nikip-themes.com (Niki Papageorgiou) writing. (4) In case of delays of delivery or completion of the order as a result of: a) changes and expansion of the order volume (additional services and special requests) by the customer, b) insufficient conditions in the application and installation environment of the customer (in particular hardware or software deficiencies, which lie in the sphere of the customer), c) conflict with third party products and services, the agreed deadlines be extended and adjusted accordingly.
§ 5 Changes
Changes, additions and contract extensions (1) Subsequent amendments additional requests and modifications to the original order will be charged separately according to cost. (2) Unless expressly made a different contractual arrangement, are additional benefits, in particular delivery, installation, training, maintenance and support, necessary use of third-party services and other additional expenses, paid separately.
§ 6 completion and acceptance
(1) After the completion of the order the customer will be informed by the nikip-themes.com (Niki Papageorgiou) about the completion and the contractual (partial) performance offered to the customer for acceptance (completion declaration). The remaining payment is due no later than the completion statement and must be paid upon acceptance. (2) After receipt of notification of the customer is obliged to the performance or partial performances immediately, not later than three business days to remove. Because of minor differences, the decrease can not be denied. (3) The services provided by the nikip-themes.com (Niki Papageorgiou) services or partial services shall be deemed contractually accepted if the contractual performance does not decrease after the notification of nikip-themes.com (Niki Papageorgiou) the customer within three working days, the performance or parts thereof takes in usage, uses or can use, in traffic brings or can bring, makes available to third parties or used in any other way. (4) The services provided by the nikip-themes.com (Niki Papageorgiou) services or partial services shall be deemed contractually accepted if the customer does not state its after notification by the nikip-themes.com (Niki Papageorgiou) drawing up this within three business days. (5) The aforementioned decrease fictions do not apply if the services of the nikip-themes.com (Niki Papageorgiou) performance or partial performance is fraught with not only minor defects and the customer indicates these shortcomings of nikip-themes.com (Niki Papageorgiou) writing. (6) The customer is obliged to examine the services provided by the nikip-themes.com (Niki Papageorgiou) services or partial services in the decrease in defects and in writing without delay in the nikip-themes.com (Niki Papageorgiou) and display.
§ 7 Obligations of the Customer
(1) The necessary data, text, graphics, objects, and other items that are necessary for the execution of the order shall be charged to the customer on time and in an appropriate form of nikip-themes.com (Niki Papageorgiou) available. (2) The customer agrees to the licensed and check the provided data for viruses and other malware (trojans, worms, malware, etc.). (3) The customer is responsible for timely and regular data backup. (4) The customer expressly assures that the nikip-themes.com (Niki Papageorgiou) surrendered or otherwise made available data and information does not violate statutory provisions and prohibitions, in particular copyright, data protection, professional, and competition law. In particular, the customer assures that these data do not violate foreign brand, mark rights, and that recorded in the pages hyperlinks are not illegal to external websites or violates rights. (5) Due to breach of these obligations, the customer exempts the nikip-themes.com (Niki Papageorgiou) from third party claims. (6) The Customer undertakes to inform the nikip-themes.com (Niki Papageorgiou) hereof at Serverumzug and / or reinstallation.
§ 8 Retention of title
The property is at all (partial) services and deliveries until all claims from the ongoing business relationship reserved.
§ 9 Copyrights and reference proof
(1) The services provided by the nikip-themes.com (Niki Papageorgiou) services and created objects in particular web pages, scripts, programs, source code, graphics, text, data and similar works) are protected by copyright. The involvement of the customer in the design, manufacture, supply of ideas and designs does not constitute a joint copyright. (2) The customer receives simple rights. The use is permitted only as supplied without modification and editing. Any editing and copying or use in other electronic or printed publications, in particular on other websites (domains) is not permitted without the explicit consent of nikip-themes.com (Niki Papageorgiou). (3) The payment or free transfer of use rights is not permitted without the consent of nikip-themes.com (Niki Papageorgiou). (4) The web pages, scripts, programs, source code, graphics, text, data, and similar electronic data may be used only for a domain. The installation on additional servers and domains is not permitted without the consent of nikip-themes.com (Niki Papageorgiou). (5) The customer is obliged to take over all visible proprietary notices (copyright, authorship) and other legal reservations and invisible clues to the authorship, especially in Program codes unchanged. (6) nikip-themes.com (Niki Papageorgiou) reserves the right to services provided as designs and objects, even if they are based on customer templates to use for presentation purposes, take for advertising purposes in a reference list and to set appropriate links. (7) Any other use beyond this agreement use requires a separate written agreement. Contravention, the customer agrees to pay a license fee in the amount of the order placed. Further claims of nikip-themes.com (Niki Papageorgiou) reserved. (8) There is no right for the original layout master files from the customer.
§ 10 Confidentiality obligation of the Parties
The Parties undertake to keep confidential all information and data concerning the subject matter hereof. This obligation also applies to employees of both parties. Any resulting from the breach of confidentiality by the Customer or its employees damage should be replaced by the customer.
§ 11 Warranty
(1) The services provided must be checked carefully by the customer after being notified of the completion; any errors are reported immediately to the nikip-themes.com (Niki Papageorgiou) writing. (2) nikip-themes.com (Niki Papageorgiou) reserves the right to make your choice remedy by repair or replacement. If the subsequent performance after three repair attempts is missing, the customer may at his discretion reduce the remuneration (reduction) or withdraw from the contract. With only minor defects of the withdrawal is not possible. (3) Any other or further claims by the customer for material defects, in particular claims for damages or reimbursement of expenses are excluded unless in accordance with § 12 of these terms (Other liability) liability is mandatory. (4) Warranty claims are excluded if the customer changes the delivered from the nikip-themes.com (Niki Papageorgiou) performance in any form, remodeled, updated, personal repair attempts carried out or caused by operator error itself.
§ 12 Other liability
(1) nikip-themes.com (Niki Papageorgiou) is fully liable for damages caused intentionally or through gross negligence. (2) In the case of simple negligence, a legal representative, employee, agents, representatives and organs of nikip-themes.com (Niki Papageorgiou)’s liability nikip-themes.com (Niki Papageorgiou) in breach of contractual obligations is limited to the typically foreseeable damage. Otherwise, liability is excluded for simple negligence. (3) Notwithstanding § 12 (2) shall be liable nikip-themes.com (Niki Papageorgiou) unlimited for damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty or a willful or negligent breach of duty by a legal representative or an agent of nikip-themes.com (Niki Papageorgiou) , (4) All claims for damages, for whatever legal reason, expire in two years. The period begins at the end of the year in which the claim arose. In case of violation of life, body and health and claims from the Product Liability Act, the statutory limitation provisions shall apply without restrictions. (5) Liability for data loss is limited to the effort that is necessary to restore the lost data on a customer’s equipment based on existing backups. (6) In case of claims from the product liability law – if applicable – Statutory provisions without restrictions. (7) Incidentally, other than the compensation claims of the client referred to in this contract, regardless of the legal reason, in particular claims for business interruption, lost profits, loss of information and data, excluded due to consequential damages or wasted expenditure. A change in the burden of proof to the detriment of the customer is not connected with the above provisions. (8) The objection of contributory customer remains nikip-themes.com (Niki Papageorgiou) liberty. We accept no liability for the information provided in brochures, price lists, catalogs, circulars and other printed matter.
§ 13 Other services
(Search engine optimization, presentation) (1) nikip-themes.com (Niki Papageorgiou) offer certain packets to the application of the web pages in relevant search engines and web directories at (SEO). A guarantee of the recording, the positioning and the date of inclusion in the relevant search engines and web directories can not be taken over by the nikip-themes.com (Niki Papageorgiou). (2) The nikip-themes.com (Niki Papageorgiou) accepts guarantee that the appearance substantially meets the requirements of the concept. The customer should be noted that the representation of the Internet presence by using different software (Web browser) may differ. A liability for deviations that occur due to technical conditions and inconsistent standards will not be adopted.
§ 14 Final Provisions
(1) Any changes, additions to these General Terms and Conditions must be in writing. The writing requirement also applies to the annulment or alteration of the writing requirement. (2) Place of performance and exclusive jurisdiction for all disputes arising from this contract directly or indirectly resulting in disputes is the extent permitted, the headquarters of nikip-themes.com (Niki Papageorgiou). The law of the Federal Republic of Germany under exclusion of the CISG and the German international private law. (3) If any provision of these Terms is invalid, this shall not affect the validity of the remaining provisions. The invalid provision a valid purpose of the agreement appropriate or at least close substitute provision, as they had agreed, the parties to achieve the same economic result if they had known the invalidity of the provision.