Allgemeine Geschäftsbedingungen
GENERAL TERMS AND CONDITIONS & WITHDRAWAL
§ 1 Scope
1.1 These general terms and conditions (hereinafter GTC) are part of every contract with MATAXA Ltd, 143 Vjal il-Blue Grotto, Zurrieq ZRQ 4013, Malta, represented by its managing director Jan Waizenegger with business address there (hereinafter: PROVIDER).
1.2 The PROVIDER offers paid products and services online and offline. The PROVIDER provides its services exclusively on the basis of these GTC, which can be viewed and downloaded at any time on this website, www.mataxa.eu. If desired, they can be sent to the customer via e-mail.
§ 2 Registration, Conditions of Use and Obligations
2.1 Before using the PROVIDER's internet platform and using its chargeable products and services as a customer, a login/registration with the PROVIDER is required to conclude an online contract. Registration on the Internet platform and use of the activated areas are free of charge for the customer. A dealer registration as well as a later dealer contract conclusion is only possible for entrepreneurs within the meaning of § 14 BGB but not for consumers within the meaning of § 13 BGB.
2.2 The PROVIDER reserves the right to refuse registration applications at its own discretion without giving any reason. The data required for registration must be current, complete and truthful. With successful registration, the customer has a personal user name and password. The user name must not infringe the rights of third parties, other rights to names and trademarks, other applicable laws or public decency. The customer is obliged to keep the password secret, not to disclose it to third parties under any circumstances and to protect his login data from unauthorized access.
2.3 Insofar as his personal details change, the customer is responsible for updating them himself. All changes can be made online, by e-mail to info@mataxa.eu or by post to the above address.
2.4 The PROVIDER recommends using a state-of-the-art computer, laptop or other technical device as well as an up-to-date Internet browser and Internet access for the best possible use of its services and expressly points out that only an up-to-date broadband connection can ensure optimal usability of its online products and services guaranteed. Since additional costs may arise for the customer for a current broadband connection, we ask that you take this into account and inform yourself accordingly.
2.5 When using the PROVIDER's internet platform, as well as when using their paid products and services, the customer is prohibited from violating the rights of third parties, harassing third parties or otherwise violating applicable law or common decency, including the sending of unauthorized commercial e-mail counts. In particular, the customer undertakes to refrain from the following actions:
• Disseminate statements that are offensive, harassing, violent, violent, inflammatory, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise objectionable or prohibited;
• Insulting, harassing, threatening, frightening, slandering, embarrassing other customers, employees, distributors or other business partners of PROVIDER;
• Distribution of content that depicts sexual or pornographic acts or contains sexually explicit material.
• Linking to or installation of the paid products and/or services on sites that deal with illegal gambling,
• Spying on, passing on or disseminating personal or confidential information of other customers, sales partners or employees of the PROVIDER or otherwise disregarding the privacy of other customers, employees, sales partners or other business partners of the PROVIDER;
• Spreading untrue statements, in particular about race, religion, gender, sexual orientation, origin, social position of other customers, employees, sales partners or other business partners of the PROVIDER;
• Spreading untrue claims about the PROVIDER;
• Pretending to be an employee of PROVIDER or an affiliate or partner of PROVIDER;
• Use any copyrighted image, photograph, graphic, video, piece of music, sound, text, trademark, title, designation, software, or other content and indicia without the consent of the copyright holder(s) or permission under statute or regulation;
• Spreading statements with advertising, religious or political content;
• Using prohibited or illegal content;
• Exploiting errors in programming (so-called bugs);
• Taking measures that can lead to an excessive load on the servers and/or severely disrupt the gameplay for other customers;
• hacking or cracking, or promoting or encouraging hacking or cracking;
• distributing counterfeit software, and promoting or encouraging the distribution of counterfeit software;
• uploading files that contain viruses, trojans, worms or corrupted or destructive data;
• Using or distributing "car" software programs, "macro" software programs, or other "cheat utility" software programs;
• Modify the Service or any part thereof;
• Using software that enables so-called "data mining" or otherwise intercepts or collects information related to the Game;
• Interfering with transmissions to and from the Services servers and the website server;
• Intrusion into the Services servers or website servers.
2.6 The PROVIDER points out its domiciliary rights with regard to the use of its Internet platform and expressly reserves the right to immediately block the customer and all chargeable products and services used by them if one of the obligations regulated in (2.5) or other applicable law is violated .
§ 3 Conclusion of contract / contract language
3.1 The presentation of the products, in particular on the Internet, does not constitute a binding offer from the PROVIDER. The conclusion of the contract does not require a specific form. Ordering is possible online as well as offline. The customer has the option of concluding a contract with the PROVIDER online by registering online or offline by signing and submitting the contract documents provided. The PROVIDER is not obliged to accept the order. Before the order is accepted by us, a possibly automatic e-mail confirmation of the order is generated. We would like to point out that this order confirmation does not constitute acceptance of the order and no confirmation of the contract by us.
3.2 In the case of an offline order, the General Terms and Conditions will be sent by email or post at the customer's request. The original of the signed contract form must be sent to the PROVIDER. In addition, the customer accepts these terms and conditions by signing the contract form and confirms that they have read and printed them out.
3.3 An offline offer remains valid for 14 days after receipt by the customer. A binding contract is formed when the customer signs the contract offer. The receipt of the contract offer signed by the customer by the PROVIDER is decisive for compliance with the 14-day period. The contract is accepted by separate e-mail.
3.4 The PROVIDER is entitled to accept the customer's online order upon conclusion of the contract within a period of 14 days after the order has been placed or the order has been sent by the customer. The customer will be informed of the receipt of the order by e-mail. This order confirmation does not represent acceptance of the contract by the PROVIDER. The contract is accepted by a separate e-mail.
3.5 We will provide you with confirmation of the contract concluded with us within a reasonable period of time after the conclusion of the contract, but no later than upon delivery of the goods.
3.6 The contractual language is Maltese, English or German.
§ 4 Cancellation policy (only for consumers) RIGHT OF CANCELLATION
The end consumer has the right to withdraw from the purchase contract within 14 days without giving reasons. The start of the cancellation period depends on the way the order was placed:
-In the case of an order for one item or for multiple items, the cancellation period is 14 days from the day on which the end consumer or a third party named by him who is not the carrier took possession of the goods.
- If several goods that the end consumer has ordered separately as part of a single order are delivered separately, the cancellation period is 14 days from the day on which the end consumer or a third party named by him, who is not the carrier, places the last goods in took possession.
-If, on the other hand, the end consumer has concluded a contract for the regular delivery of goods over a fixed period of time, the cancellation period is 14 days from the day on which the end consumer or a third party named by him, who is not the carrier, takes possession of the first goods took.
- Deviating from this, in the case of the delivery of digital content that is not delivered on a physical data carrier, the cancellation period is 14 days from the day the contract was concluded; the PROVIDER expressly refers to the regulation on the exclusion of the right of withdrawal under the heading “Loss of the right of withdrawal in the case of digital content”. In order to exercise his right of withdrawal, the end user must inform the PROVIDER, MATAXA Ltd, 143 Vjal il- Blue Grotto, Zurrieq ZRQ 4013, Malta, E-May: info@mataxa.eu, by means of a clear statement (e.g. a sent by post sent letter, or e-mail) about his decision to revoke this contract. If the end consumer makes use of this option, the PROVIDER will immediately send him (e.g. by e-mail) confirmation of receipt of such a revocation. In order to comply with the cancellation period, it is sufficient for the end consumer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
CONSEQUENCES OF REVOCATION
If the end user withdraws from this contract, the PROVIDER shall owe him all payments that it has received from him, including delivery costs (with the exception of the additional costs resulting from the fact that a different type of delivery than the one offered by the PROVIDER is the cheapest standard delivery was selected) immediately and at the latest within 14 days from the day on which the ANIETER received the notification of the cancellation of this contract. For this repayment, the PROVIDER uses the same means of payment that the end consumer used for the original transaction, unless something else was expressly agreed with him; under no circumstances will the end consumer be charged for this repayment. The PROVIDER may refuse repayment until it has received the goods back or until the end consumer has provided proof that he has returned the goods, whichever is earlier. The end consumer must return or hand over the goods to the PROVIDER without undue delay and in any case no later than 14 days from the day on which he informed the PROVIDER of the cancellation of this contract. The deadline is met if the end user sends the goods back before the period of 14 days has expired. He bears the direct costs of returning the goods. He only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functioning of the goods. If the revocation declared by the end consumer relates to the delivery of digital content that is not on a physical data carrier, then he does not have to pay any compensation. Loss of the right of withdrawal for digital content The end consumer's right of withdrawal also expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if the PROVIDER has started to execute the contract after the end consumer has expressly agreed that the PROVIDER starts executing the contract before the end of the cancellation period and he has confirmed his knowledge that he loses his right of cancellation through his consent at the beginning of the execution of the contract. Special note: The end user has no right of cancellation in the following cases: In the case of delivery of audio or video recordings or software, provided the data carriers supplied have been unsealed by the end user. In the case of deliveries of items that are manufactured according to the end user's specification or are clearly tailored to his personal needs, or that are not suitable for return due to their nature. Regardless of the rights granted above, the end-user may have additional rights under manufacturer return policies. Inquiries about this can be directed to the PROVIDER's customer service.
§ 5 Prices and terms of payment
5.1 All prices, remuneration and fees are in euros plus the applicable VAT, unless something else is indicated directly with the respective pricing of the product. Agreed ancillary services and costs incurred by the PROVIDER as agreed shall be borne by the customer, unless otherwise agreed. The customer must pay the price in advance for the entire contract period, so that the total price is due upon conclusion of the contract.
5.2 The invoice amounts are due for immediate payment without any deduction. The PROVIDER is entitled to carry out and invoice partial deliveries and/or partial services to a reasonable extent.
5.3 As a payment option, the customer can pay by bank transfer, in cash, on account or, in the case of online transactions, the payment options available there. The customer consents to the transmission of invoices by MATAXA Ltd in electronic form. The customer must raise objections to the invoice issued by MATAXA Ltd in writing to MATAXA Ltd within 14 days of receipt of the invoice. After the expiry of the aforementioned period, the invoice is deemed to have been approved by the customer. The invoice amount is due upon receipt of the invoice by the customer. Default occurs after the payment deadline stated in the invoice has expired or, if no payment deadline is stated in the invoice, after a period of 14 days after receipt of the invoice by the customer, without the need for a separate payment request with a deadline. If the PROVIDER offers direct debit, this will only be available to the customer for payments after the first invoice for the relevant contract has been settled by bank transfer. In the case of returned direct debits for which the customer is responsible, the PROVIDER is entitled to charge a flat rate of EUR 20.00 unless the customer proves within 14 days that no damage or a significantly lower amount has occurred .
5.4 The customer is only entitled to set-off, retention or reduction if the counterclaim asserted has been legally established or is not disputed.
5.5 If the customer is in default, the PROVIDER is entitled to demand default interest. If it is an end consumer, the interest is 5 (five) percentage points above the base interest rate, but at least 5%. If it is an entrepreneur, the interest is 8 (eight) percentage points above the base interest rate, but at least 8%. The PROVIDER reserves the right to claim higher damages caused by delay. The interest rates are to be set higher or lower if the PROVIDER proves a charge with a higher interest rate or the customer proves a lower charge. If the customer is in default of payment or if a significant deterioration in his financial situation becomes known, the provider is entitled to make all existing payment obligations due. The PROVIDER is also entitled to carry out outstanding deliveries and services only against advance payment or the provision of security. If advance payments or security deposits have not been made even after a reasonable period of grace has expired, the PROVIDER can withdraw from the contract.
5.6 The customer can only offset against claims of the PROVIDER with uncontradicted or legally established claims. For entrepreneurs, this also applies to rights of retention.
§ 6 Delivery and service period
6.1 Delivery and service dates as well as delivery and service deadlines, which are agreed as binding or non-binding, must be stated in writing. Delivery and service periods begin with the conclusion of the contract. If subsequent changes to the contract are agreed, a new delivery and service date or a new delivery or service period must be agreed at the same time.
6.2 The customer can withdraw from the contract or terminate a contract prematurely due to a delay in delivery or service if a binding delivery or service period agreed by the PROVIDER has been exceeded by more than four weeks and a then provided, in view of the type, scope, degree of difficulty etc A grace period appropriate for this delivery or service has expired without success. Since the cooperation of the customer (duty to cooperate) is a prerequisite for the provision of the agreed service by the PROVIDER, a delay in delivery or service can only occur if the customer has provided the required documents and information in the required form without delay.
6.3 Force majeure and other unforeseeable, extraordinary circumstances that are not our fault, such as difficulties in procuring materials, operational disruptions, strikes, lockouts, etc., extend the delivery and/or service period by the duration of the hindrance, even if they occur at sub-suppliers. If the delivery and/or service becomes impossible or unreasonable due to the circumstances mentioned, the PROVIDER is released from the delivery and/or service obligation. If the delivery and/or service time is extended or if the PROVIDER is released from the delivery and/or service obligation, the customer cannot derive any claims for damages from this. The PROVIDER can only invoke the circumstances mentioned if the customer has been notified immediately.
6.4 If the customer is an end consumer, the risk of accidental loss and accidental deterioration passes to him upon delivery of the ordered product. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration passes to him as soon as the product has been handed over to the person carrying out the transport, but at the latest when it comes into his possession.
§ 7 Third Party Rights
The customer shall indemnify and hold harmless the PROVIDER from all liability, as well as from all claims and costs, which arise as a direct or indirect result of all those works or are brought to the PROVIDER, which according to the customer requirements or specifications or the requirements of a customer representative are to be carried out on the products and which constitute an infringement of the property rights of third parties. This does not apply if and to the extent that the customer is not responsible for the infringement of property rights of third parties.
§ 8 Customer rights in the event of the delivery of a defective product or defective service
8.1 All information about the products and any services are only descriptions. A guarantee is not declared.
8.2 A product is defective if it does not have the agreed quality, the product is not suitable for the use stipulated in the contract or if the product is not suitable for normal use and does not have a quality that is similar to products of the same type is customary and which the buyer can expect depending on the nature of the matter or the product infringes industrial property rights, copyrights or other rights of third parties. The technical and legal rules applicable in Malta are decisive, unless otherwise agreed.
8.3 In the event of delivery of a defective product, the customer must set the PROVIDER a reasonable deadline for supplementary performance. In this case, the PROVIDER can choose to repair the defect or replace the defective product with a new product. It is not necessary to set a reasonable deadline for supplementary performance if this is dispensable in accordance with § 323 Para. 2 BGB, in particular if the PROVIDER seriously and finally refuses supplementary performance, the performance stands and falls with the timeliness or other special circumstances exist which justify immediate withdrawal or an immediate demand for damages, taking into account the interests of both parties. The end user has the choice between eliminating the defect through repair or delivery of a defect-free product. In the case of a service that is not in accordance with the contract, he must set the PROVIDER a reasonable period of time to provide the service again, if this is not superfluous according to § 323 Para. 2 BGB.
8.4 to 8.7 do not apply to Services.
8.4 End consumers are entitled to unrestricted legal rights in the event of defective delivery, with the exception of the limitation of damages in accordance with Section 10 of these General Terms and Conditions; 8.4.1 to 8.4.3 do not apply. If the supplementary performance fails, the customer is entitled to assert his statutory warranty rights as follows: 8.4.1 The right to a reduction in the respective price (reduction) is excluded. 8.4.2 The right of withdrawal is limited to the respective order. 8.4.3 If the customer has the right to demand damages instead of performance or to withdraw from the contract, or to continue to demand supplementary performance, the PROVIDER can request the customer to exercise his rights within a reasonable period of time. He must notify the PROVIDER of his decision in writing. If he does not exercise his rights in a timely manner, the right to damages instead of performance can only be asserted or withdrawal can only be declared if another reasonable period for supplementary performance to be determined by the customer has expired without success.
8.5 With the exercise of the right of withdrawal, the customer's right to use the product ends. In this case, he must immediately remove software from all systems, storage media and other files and destroy the products and all copies of the software made. In addition, he must submit a separate written declaration that he will carry out the above actions.
8.6 If the customer is an end consumer, the above rights expire within 24 (twenty-four) months from the date of delivery of the products. If the customer is an entrepreneur, the above rights expire within 12 (twelve) months from the date of delivery of the products.
8.7 Unless otherwise agreed, the rights listed under §8 do not apply in the following cases:
8.7.1 If and to the extent that something is added, removed or otherwise changed to the product by persons other than the manufacturer, the PROVIDER or authorized persons and the defect is based on this.
8.7.2 If and to the extent that the defects are partly or wholly due to incorrect handling, misuse, improper storage, maintenance or installation, or non-observance of the manufacturer's instructions or other instructions provided by the PROVIDER for the delivered products.
8.8 We would like to point out that manufacturers of the items sold can grant manufacturer guarantees, which may give the customer direct rights against the manufacturer. These are rights independent of these GTC and the contract regulated by them, which in particular do not affect the customer's rights due to defects under these GTC.
§ 9 Duration of the contract / termination of the contract
9.1 The duration of a respective contract as a continuing obligation depends on the product / service package booked (see under III). If the customer does not terminate the contract by the end of the contract, the contractual relationship is automatically extended at the end of the contract, whereby the details of the extension period depend on the service package booked (see under III).
9.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
9.3 Each notice of termination must be in writing to be effective, which is also deemed to be preserved by fax or in the event of a regular termination.
§ 10 Privacy Policy
10.1 We comply with relevant data protection laws and collect, store and use personal information only in accordance with the terms of our privacy policy set out below.
10.2 The PROVIDER does not use cookies in order to be able to allocate inquiries and requirements of the interested party. Cookies enable the PROVIDER to measure the frequency of page views and general navigation.
10.3 Personal data are only collected if the customer voluntarily provides them during the ordering or registration process. The PROVIDER uses the transmitted personal data (e.g. title, name, address, e-mail address, telephone number, fax number, transfer data) without separate express consent in accordance with the provisions of Maltese data protection law and the EU GDPR, exclusively for the purpose of fulfilling the contract .
10.4 We hereby undertake to transmit information, including personal data, to the respective product manufacturer, licensor, service provider or supplier only if this is necessary in order to have the products ordered by the customer under these GTC manufactured, managed, registered and serviced , because this is a necessary prerequisite for the use of warranty/services, support or other services; these data recipients are also obliged to use the customer's personal data exclusively in accordance with the provisions of Maltese data protection law and the EU GDPR.
10.5 The customer's data will be deleted once the contract has been completed in full, which also includes full payment of the agreed fees. Data that must be kept for tax or commercial reasons will be blocked after the contract has been completed, unless the customer has expressly consented to further use of his personal data.
10.6 The customer is entitled at any time to request information about his data and to change, block or delete his data free of charge. If the customer requires further information about the storage of his personal data or the deletion, blocking or modification of the data of the interested party is desired, support is available at the e-mail address info@mataxa.eu or at the postal address mentioned in § 1 Disposal.
10.7 This data protection declaration can be viewed and accessed at any time here on the PROVIDER's website.
§ 11 Exclusion of Liability / Release from Liability
11.1 The PROVIDER is only liable for damages other than damage to life, limb and health if these are based on intentional or grossly negligent action or on culpable violation of a material contractual obligation (e.g. handover of the website) by the PROVIDER, its employees or vicarious agents . This also applies to damage resulting from the breach of obligations during contract negotiations and from the performance of tortious acts. Any further liability for damages is excluded.
11.2 Except in the case of injury to life, limb and health or intentional or grossly negligent behavior by the PROVIDER, its employees or vicarious agents, liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage that is typical for the contract. This also applies to indirect damages, especially loss of profit.
11.3 The PROVIDER is not liable for damage of any kind caused by data loss on computer servers, except in the case of grossly negligent or intentional fault on the part of the PROVIDER, its employees or vicarious agents. Stored customer content is foreign information for the PROVIDER within the meaning of the Telemedia Act (TMG).
11.4 The customer indemnifies the PROVIDER from liability in the event of a claim by a third party due to a breach of this contract or other applicable law in connection with the use of the website at the first request of the PROVIDER. In particular, the customer undertakes to assume all costs, in particular legal, court and damage compensation costs, which the PROVIDER incurs in this context.
11.5 If and insofar as the PROVIDER adds or makes available third-party connections, links, forwarding or content-importing services in/on its product for the customer, the responsibility and liability for the intended use lies solely with the customer. In such cases, the terms and conditions of the respective third party also apply. The PROVIDER also assumes no responsibility and is not liable for the correctness, accessibility, compliance with data protection, laws and other regulations in connection with these services. The PROVIDER is exclusively responsible and liable for the correct creation of the connections until handover to the customer. Further claims are excluded.
§ 12 Applicable Law/Different Place of Jurisdiction
12.1 Products sold to Customer under these Terms and Conditions may be subject to certain export control laws or regulations in the delivery territory to which Customer receives or applies them, as well as in other jurisdictions. It is the customer's responsibility to obey these laws and not to do anything that may violate them.
12.2 The law of Malta applies to the exclusion of the UN Sales Convention. Compulsory provisions of the state in which the customer has his habitual residence remain unaffected.
12.3 If the customer is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany or moves his place of residence abroad after conclusion of the contract or his place of residence is not known at the time the action is filed, the PROVIDER’s registered office is more exclusive Place of jurisdiction and place of performance for all disputes arising directly or indirectly from the contractual relationship. The court language and the language in out-of-court dispute resolution procedures is Maltese or English.
12.4 All notices and other communications relating to our Contract may be delivered in person, by post with sufficient postage paid or by email to the most recent address and designated contact person notified in writing by one party to the other party. This address is also the service address for the service of documents in court proceedings.
12.5 In accordance with § 36 Paragraph 1 No. 1 VSBG, the PROVIDER points out that it is neither willing nor obliged to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.
§ 13 Final Provisions
13.1 The Customer is not entitled to transfer its rights under these GTC to any third party.
13.2 All deliveries and services of the PROVIDER are carried out exclusively on the basis of these GTC. General terms and conditions of the customer that conflict with or deviate from these General Terms and Conditions only apply if they are expressly recognized by a member of the management board or an authorized officer or an authorized representative of the PROVIDER. The customer's general terms and conditions are non-binding even if their validity is not expressly contradicted. A tacit recognition of the customer's general terms and conditions through conclusive behavior is excluded.
13.3 If either party delays, waives or omits to enforce its rights under these Terms, or grants the other party time limits, such party's rights shall not be affected.
13.4 The PROVIDER is entitled to change the GTC at any time. If possible, it will announce changes with a notice period of one month before the change comes into effect. The customer has the right to object to the change. In the event of an objection, the customer is entitled to insist on retaining the original General Terms and Conditions of Business and Use for the duration of his contract period. If he does not object to the change within four weeks after the change has come into effect, the customer expressly accepts the change.
13.5 Otherwise, changes or additions to these GTC must be in writing. This also applies to the lifting of the writing requirement.
13.6 If a clause in these General Terms and Conditions is ineffective or incomplete, the entire contract should not be ineffective. Rather, the ineffective clause should be replaced by one that is effective and comes closest to the economic meaning of the ineffective clause.
The same should apply when closing a gap that requires regulation.
II. Special conditions for the products and services offered
In the course of technical progress, the PROVIDER is free to use new or different technologies, systems and standards than initially offered, insofar as the customer does not suffer any disadvantages as a result.
II § 1 Domains
II 1.1 If the customer wishes to have his own domain, the PROVIDER will be available to advise him on the implementation.
II 1.2 The PROVIDER cannot influence the domain assignment. Furthermore, it cannot guarantee that the domain will be allocated or registered as desired, will be free of third-party rights or will be permanent.
II 1.3 The customer is subject to an obligation to cooperate. In particular, he must ensure that he is involved in all actions that are necessary for the registration, transfer or deletion of a domain. The customer is responsible for ensuring that a domain assigned or registered to him and the content provided under this domain do not violate applicable law or infringe the rights of third parties. The customer must indemnify the PROVIDER from claims for compensation by third parties based on the inadmissible use of a domain or the associated content. The PROVIDER is entitled to immediately block the domain and its content in the event of an actual or alleged violation of the law, provided that the PROVIDER is convinced that a violation of the law is likely based on objective circumstances.
II 1.4 The PROVIDER is entitled to link/activate a domain only after payment of the total fee due under the contract.
II 1.5 In the event that domain hosting is terminated, the PROVIDER is entitled to release the customer's domain after termination of the contract. At the latest with this release, all rights of the customer from the registration expire.
II § 2 Conditions for web hosting
II 2.1 Within the scope of its technical and operational possibilities, the PROVIDER shall provide the customer with storage capacity on an Internet server in accordance with the underlying contract (packages and, if applicable, options).
II 2.2 The PROVIDER is entitled to temporarily restrict or discontinue its services in order to avoid significant disruptions to the network, its service or stored data, in particular for reasons of public security, the security of network operation, data protection, the performance of operational or technically necessary work . This is especially the case when the underlying chayns technology, created and distributed by Tobit Software AG Ahaus, undergoes changes or functions are temporarily restricted by the manufacturer.
II 2.3 The customer is not entitled to a static or fixed IP address or their own physical server for their content.
II 2.4 The operation takes place on powerful servers with an IP address and a total bandwidth available for the respective server. Fluctuations in the bandwidth actually available to the customer cannot be completely ruled out.
II 2.5 The PROVIDER is free, in the course of technical progress, to use new or different technologies, systems and standards than initially offered, insofar as the customer does not suffer any disadvantages as a result.
II § 3 Social Media Platform / Website
II 3.1 The design of the website/app appearance (in the future: internet presence) will be designed according to the wishes and ideas of the customer, whereby the customer can request up to three free changes to the design until completion and acceptance. The parties determine the type and scope of the design work for the website. The customer may use the content, text, images, animations, graphics, film and sound materials provided or used by the PROVIDER to design the website during the contract period exclusively for the design and use of the contractual website. The PROVIDER shall transfer the required right of use to the customer for the respective purpose in accordance with the scope of use, the period of use and the geographical area of application for any protective rights arising on the website (e.g. copyright protection of texts or graphics). In this respect, the customer is granted a simple right of use which cannot be transferred to third parties. In addition, the customer is not entitled to rent, lend, lease, sell or make the protectable services available to third parties in whole or in part in any technical form without the express written consent of the PROVIDER for a fee or free of charge. Sublicenses may not be granted. After the end of the contract, the materials made available or used must be removed and deleted.
II 3.2 If the PROVIDER is provided with text, film or image material by the customer according to his ideas, the PROVIDER undertakes to use only the material provided by the customer when creating the website (deviations require the customer's approval). The PROVIDER is not obliged to check any immaterial rights of third parties to the material provided by the customer, except in the case of an obvious violation. The customer grants the PROVIDER the non-exclusive right to reproduce, make publicly accessible and edit the legally protected content, information and data provided by him or on his behalf, free of charge and with no geographical restrictions, and to transfer these rights to third parties such as subcontractors. Furthermore, the PROVIDER is granted the rights of representation required to fulfill the contracts based on these GTC and rights to make and publish statements on behalf of the customer. The rights are granted with regard to the local, factual, temporal and personal scope only to the extent that they are necessary for the performance of the contractual services by the PROVIDER and then expire automatically. Before taking legal action, the customer shall inform the PROVIDER of any use of the rights outside of this scope and give the PROVIDER an opportunity to stop using the rights or to limit them to the required scope.
II 3.3 In the relationship between the contracting parties, the customer is solely responsible for observing the legal requirements or other restrictions with regard to the content of the commissioned website, in particular for observing copyrights and other immaterial rights of third parties.
II 3.4 The PROVIDER can refuse to set up the website if this violates laws, prohibitions or other requirements and in particular if the rights of third parties conflict with them.
II 3.5 After completion of the website, to which the customer receives the administration rights in addition to the PROVIDER, this will be presented to the customer for acceptance. The acceptance requirements are met when the PROVIDER makes the website available to the customer in accordance with the contractual agreement. The customer checks the acceptability of the website within seven working days. If the website meets the contractual requirements in all essential points, the customer must immediately declare acceptance in writing. If the customer does not respond at all within the seven working days, it is deemed to have been accepted. If the customer does not declare acceptance, the customer must notify the PROVIDER in writing of a specific list of all defects preventing acceptance. After a reasonable period of time, the PROVIDER must provide a defect-free and acceptable website for the contractually owed service. The customer then only checks the logged defects within five working days, insofar as they can be the subject of an isolated check based on their function. If the website has successfully passed the test by the customer, the customer must immediately declare acceptance in writing. If the customer does not make any statement at all within the five working days, it is deemed to have been accepted. The customer cannot refuse acceptance due to insignificant defects. Defects are to be regarded as insignificant if the agreed function is not significantly impaired. However, this is subject to the immediate elimination of the defects by the PROVIDER. These defects are to be listed individually in the acceptance report.
II 3.6 The PROVIDER guarantees that the website has been created in accordance with the contract and has no defects that cancel or reduce its value or its suitability for the contractually required or normal use. The PROVIDER initially provides a warranty for defects in the website by rectification or subsequent delivery, at its own discretion. In the event that the PROVIDER is unable to rectify a defect within a reasonable period of time, the customer can choose between a reduction in payment (reduction) or cancellation of the contract (withdrawal) and compensation for damages within the scope of the exclusion of liability (according to I. § 8 ) instead of performance. Warranty claims and claims for damages become time-barred within one year of delivery of the website. With regard to any claims based on intentional and grossly negligent behavior by the PROVIDER, on breach of a guarantee given by the PROVIDER or on fraudulent intent, and claims due to injury to life, limb or health or from the Product Liability Act, the statutory limitation periods apply.
II 3.7 When using the website, the customer will ensure that no legal provisions or the rights of third parties are infringed and that the PROVIDER is released from all third-party claims that are based on illegal use of the website. The PROVIDER shall be released from all third-party claims by the customer upon first request, which are based on the customer using the website in a non-contractual manner. The customer shall bear all reasonable costs incurred by the PROVIDER for legal defense based on an infringement of the rights of third parties, insofar as he is responsible for the infringement in question.
II 3.8 When including content or services from third parties (e.g. social media platforms), the contract between the customer and the PROVIDER is dependent on the provisions of the agreement with the third party. If the content or services are restricted or discontinued by the third party, the PROVIDER is not responsible insofar as it is not a matter of vicarious agents or vicarious agents of the PROVIDER. If fees for the provision of content or services are introduced by the third party, the PROVIDER has the right to adjust the remuneration agreed with the customer accordingly, provided that the customer wishes to continue using the content or services after consultation and the fee is borne by the PROVIDER would go.
II 3.9 The PROVIDER may use the website or parts thereof for self-promotion and provide customers with references. The PROVIDER is granted the right to be named as the author on the customer's website. In addition to the (c) note, the PROVIDER may set up a direct hyperlink to its own website on the customer's website.
II 3.10 For the duration of the contract, the customer acquires a simple right of use from the PROVIDER for the website made available to him, which cannot be transferred to third parties. In this respect, reference is made to the provisions of II. § 3 Para. 1. The customer is not entitled to be provided with the source codes or other data created during the creation.
II 3.11 The customer is obliged to mark content posted on his website as his own content, stating his full name and address. The customer expressly assures that the provision and publication of the content on his website does not violate Maltese or other relevant national law, in particular copyright, trademark, name, data protection and competition law.
II 3.12 If only the customer has the necessary administrator rights for the website (social media platform), the customer is solely responsible for its content.
II § 4 Website/App - Software
II 4.1 The design of the website/app software is based on the wishes and specifications of the customer to match the intended website/app online presence (in the future internet presence). The parties determine the type and scope of the design for the website. The content, texts, images, animations, graphics, film and sound materials provided or used by the PROVIDER to design the website can be used by the customer during the contract period exclusively for the design and use of the contractual website. The PROVIDER shall transfer the required right of use to the customer for the respective purpose in accordance with the scope of use, the period of use and the geographical area of application for any protective rights arising on the website (e.g. copyright protection of texts or graphics). In this respect, the customer is granted a simple right of use which cannot be transferred to third parties. In addition, the customer is not entitled to rent, lend, lease, sell or make the protectable services available to third parties in whole or in part in any technical form without the express written consent of the PROVIDER for a fee or free of charge. Sublicenses may not be granted. The customer is not entitled to be provided with the source codes or other data created during the creation. After the end of the contract, the materials made available or used must be removed and deleted.
II 4.2 If the PROVIDER is provided with text or image material by the customer according to his ideas, the PROVIDER undertakes to use only the material provided by the customer when creating the website (deviations require the customer's approval). The PROVIDER is not obliged to check any immaterial rights of third parties to the material provided by the customer, except in the case of an obvious violation. The customer grants the PROVIDER the non-exclusive right to reproduce, make publicly accessible and edit the legally protected content, information and data provided by him or on his behalf, free of charge and with no geographical restrictions, and to transfer these rights to third parties such as subcontractors. Furthermore, the PROVIDER is granted the rights of representation required to fulfill the contracts based on these GTC and rights to make and publish statements on behalf of the customer. The rights are granted with regard to the local, factual, temporal and personal scope only to the extent that they are necessary for the performance of the contractual services by the PROVIDER and then expire automatically. Before taking legal action, the customer shall inform the PROVIDER of any use of the rights outside of this scope and give the PROVIDER an opportunity to stop using the rights or to limit them to the required scope.
II 4.3 In the relationship between the contracting parties, the customer is solely responsible for observing the legal requirements or other restrictions with regard to the content of the commissioned website, in particular for observing copyrights and other immaterial rights of third parties.
II 4.4 The PROVIDER can refuse to create the website if this violates laws, prohibitions or other requirements and in particular if the rights of third parties conflict with them.
II 4.5 After completion of the website, it will be presented to the customer for acceptance. This is only handed over in an executable state and without documentation. The PROVIDER will notify the customer of the readiness for acceptance of the respective service or partial service by sending an e-mail. The acceptance requirements are met when the PROVIDER makes the website available to the customer in accordance with the contractual agreement. The customer checks the acceptability within seven working days. If the website meets the contractual requirements in all essential points, the customer must immediately declare acceptance in writing. If the customer does not respond at all within the seven working days, it is deemed to have been accepted. If the customer does not declare acceptance, the customer must notify the PROVIDER in writing of a specific list of all defects preventing acceptance. After a reasonable period of time, the PROVIDER must provide software that is free of defects and ready for acceptance for the contractually owed service. The customer then only checks the logged defects within five working days, insofar as they can be the subject of an isolated check based on their function. If the website has successfully passed the test by the customer, the customer must immediately declare acceptance in writing. If the customer does not make any statement at all within the five working days, it is deemed to have been accepted. The customer cannot refuse acceptance due to insignificant defects. Defects are to be regarded as insignificant if the agreed function is not significantly impaired. However, this is subject to the immediate elimination of the defects by the PROVIDER. These defects are to be listed individually in the acceptance report.
II 4.6 The PROVIDER guarantees that the website has been created in accordance with the contract and does not have any defects that annul or reduce its value or its suitability for the contractually required or normal use. The functionality of the website can only be guaranteed under the conditions that were relevant during development (e.g. operating system). The guarantee expires for internet presences that the customer changes or intervenes in or whose system environment he intervenes without consulting the PROVIDER. Exceptions to this are interventions that are demonstrably not related to the defect report. The PROVIDER initially provides a warranty for defects in the website by rectification or subsequent delivery, at its own discretion. In the event that the PROVIDER is unable to rectify a defect within a reasonable period of time, the customer can choose between a reduction in payment (reduction) or cancellation of the contract (withdrawal) and compensation for damages within the scope of the exclusion of liability (according to I. § 11 ) instead of performance. Warranty claims and claims for damages become time-barred within one year of delivery of the website. With regard to any claims based on intentional and grossly negligent behavior by the PROVIDER, on breach of a guarantee given by the PROVIDER or on fraudulent intent, and claims due to injury to life, limb or health or from the Product Liability Act, the statutory limitation periods apply.
II 4.7 When the customer uses the website, he will ensure that no legal provisions or the rights of third parties are violated and that the PROVIDER is released from all third-party claims directed against him that are based on illegal use of the website at the first request . The PROVIDER is released from all claims by third parties that are based on non-contractual use of the website by the customer. The customer shall bear all reasonable costs incurred by the PROVIDER for legal defense based on an infringement of the rights of third parties, insofar as he is responsible for the infringement in question.
II 4.8 When including content or services from third parties (e.g. social media platforms), the contract between the customer and the PROVIDER is dependent on the provisions of the agreement with the third party. If the content or services are restricted or discontinued by the third party, the PROVIDER is not responsible insofar as it is not a matter of vicarious agents or vicarious agents of the PROVIDER. If fees for the provision of content or services are introduced by the third party, the PROVIDER has the right to adjust the remuneration agreed with the customer accordingly, provided that the customer wishes to continue using the content or services after consultation and the fee is borne by the PROVIDER would go.
II 4.9 The operator of the app store is responsible for the decision to include a future website (hereafter referred to as an app) in an app store. The PROVIDER has no influence on this decision. By submitting to the app store, the app is subject to the terms and conditions applicable to that app store. These can be viewed at the App Store. The PROVIDER is entitled to transfer the rights of use to be transferred according to the conditions of the app store for the customer and to accept the conditions of the app store. The deletion of the app depends on the conditions of the app store. After termination of the contract or if the customer asks for an app to be deleted, the app will be deleted. Paid fees, in particular for creating and submitting the app, cannot be refunded if the app store rejects them. This also applies if the app is not accepted by the app store for reasons for which the PROVIDER is not responsible.
II 4.10 The PROVIDER may use the website or parts thereof for self-promotion and provide customers with references. The PROVIDER is granted the right to be named as the author on the customer's website. In addition to the (c) note, the PROVIDER may set up a direct hyperlink to its own website on the customer's website.
II 4.11 For the duration of the contract, the customer acquires a simple right of use from the PROVIDER for the website made available to him, which cannot be transferred to third parties. In this respect, reference is made to the provisions of II § 4 Para. 1. The customer is not entitled to be provided with the source codes or other data created during the creation.
II 4.12 The customer is obligated to identify the content placed on his software as his own content, stating his full name and address. The customer expressly assures that the provision and publication of the content on his software does not violate Maltese or other relevant national law, in particular copyright, trademark, name, data protection and competition law.
II 4.13 The customer is registered as a (chayns) manager at the latest when the website is handed over and thus has unrestricted administrator rights for the website. For support, package processing and customer care, it is agreed upon conclusion of the contract that the PROVIDER is registered with at least one and a maximum of three manager positions for the website. If the PROVIDER is removed from the manager position so that only the customer has the necessary administrator rights for the software/internet presence, the customer is solely responsible for its content.
II 4.14 After the end of the contractual relationship, copies of the software provided will no longer be used and will be deleted by the customer.
III. Special conditions for the service packages
§ 1 basic package
The term of the respective basic package depends on the contract term agreed between the parties, which is at least one year. If it is not terminated with a notice period of three months before the end of the contract period, it is extended by a further contract year. The basic package, §1, and the online package, §2, are part of the product MATAXA PWA Marketing complete package. When you cancel the basic package, ALL other options also end automatically. The basic package is a prerequisite for all other options. With the conclusion of the contract, the standard menu items mentioned therein are agreed, including a mashup of the Tapps dates and updates from the PROVIDER to the customer and a direct menu item with a link to the PROVIDER. At the customer's request, additional taps can be added to the standard content. This must be recorded in writing in the contract. The content for newly created, additional taps will be provided by the customer in a mobile format. If there are costs for additional taps, these will be borne/reimbursed by the customer. The design of the basic package / internet presence is designed according to the wishes and ideas of the customer, whereby the customer can request up to three free changes to the design until completion and acceptance. Approval is requested from the customer for the design of the website. All of the following media are designed based on this design and do not necessarily require renewed approval. After approval, the modification of existing graphics or the creation of new graphics for all media contained in the basic package must be ordered separately and will be charged at least €50 net. The customer can use a social media platform to make it easier to manage the website. In the case of an existing Facebook page, his participation as an administrator partner of the PROVIDER is a prerequisite for this platform to be integrated and processed.
§ 2 Online Package
The online package is part of the basic package and also includes a progressive web app (PWA) and, if necessary, a separate app including a desired name (max. 12 characters). The PWA is immediately available for Android and iOS after activation/approval. The separate app can be requested for the app store at the customer's request. The time it takes for the app to be imported into the app store depends on the provider of the operating system or app store, requires approval by the provider and can deviate from the usual two to four weeks. The term of the online package is based on the contract term agreed between the parties for the basic package, as the online package is only available in conjunction with the basic package.
§ 3 Support
The PROVIDER supports the customer during the entire contract period, e.g. also with the integration of further taps. The content must be specified by the customer, must conform to the contract and be mobile-friendly.
§ 4 shop package (microshop) for a surcharge
The shop package includes the entry, the one-time maintenance of the goods / services in the app up to a maximum of five products and the setup of the OPM account (see § 5 on the OPM conditions of participation). The customer receives the shop orders in the messenger service provided in the app. To ensure functionality, the customer must be logged into the app with an account that has administration rights or accounting rights. The customer assumes responsibility for content or grammatical errors in the template, even if these are included in the ordering system. The customer must enter new/additional/other content himself. Images of the products offered are to be provided by the customer. If no images are available, placeholders are used.
§5 OPM option (included in the shop package)
The OPM option includes the activation of the Pay by App payment system for the customer's app. The end customer can load an amount into his account by direct transfer, credit card or Paypal and use this for products in the shop. External shops cannot be linked to the EasyPay option. The customer is billed at least twice a month to an account specified by him. The billing is done directly by the payment service provider, OPM GmbH from Ahaus. Additional general terms and conditions of OPM GmbH The following general terms and conditions apply to the relationship between OPM GmbH www.opmbc.net Oldenkottplatz 1 48683 Ahaus Tel: +49 2561 69565-250 email: hallo@opmbc.net (hereinafter "OPM") and the Operator of an online offer in which OPM services are activated (hereinafter "provider"). OPM Finetrading is a service where all types of items are traded in real time. OPM acquires the items from the seller at the moment of purchase and charges the person who originally wanted to purchase this item (hereinafter "buyer"). As a provider, you are responsible for ensuring that all applicable laws, ordinances and regulations are respected and complied with.
1. Provider. In principle, all legally competent natural persons and legal entities are entitled to offer products and services via OPM. Prerequisite for participation is the use of chayns® from Tobit.Software. OPM is currently only available to providers from Germany. There is no entitlement to participate. In order to participate, it is necessary to apply for it in the chayns® site management.
2. Content. Access is to be restricted by the provider in such a way that only authorized persons can make changes to the settings and content. The provider must ensure that all authorized persons comply with these terms and conditions. It is forbidden to offer articles, services or content whose offer, sale or purchase violates legal regulations or morality.
3. Conclusion of contract. With the activation of OPM Services, the provider authorizes OPM to trade items in the future without further individual contracts as soon as a buyer buys these items. The moment a person clicks on "Buy Now", a binding purchase contract between OPM and the provider is automatically created.
4. Payment. OPM maintains accounts for suppliers ("Business Account") and for buyers. At the moment of purchase, OPM automatically credits the full sales price minus fees to the business account. The business account is automatically settled every 14 days with the bank account stored by the provider. On request, the account can also be settled at shorter intervals.
5. Delivery. It is solely the seller's responsibility to deliver sold items directly to the buyer.
6. Warranty, revocation and liability. Neither the provider nor the buyer have any warranty claims against OPM as a fine trader. The buyer asserts his statutory warranty rights directly against the provider. If the buyer makes use of his statutory right of withdrawal, the provider must apply to OPM in writing for the cancellation of the purchase, eg by e-mail. After verification, the amounts will be credited. Any fees incurred will be refunded as a gesture of goodwill, unless otherwise agreed in advance. Possible claims for damages by the buyer always apply to the provider. Claims for damages arising from OPM not fulfilling essential contractual obligations are excluded. Significant contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place.
7. Jurisdiction. The place of jurisdiction for all disputes arising from the contractual relationship between the provider and OPM is the seat of OPM GmbH.
8. Governing Law. German law applies to the contractual relationship between the provider and OPM, whereby the UN Sales Convention is excluded.
9. Copyright, Use Rights and Privacy. The provider transfers to OPM a royalty-free, unlimited, comprehensive right to use all works, parts of works or any other product information that the provider transmits to OPM, including the right to publish this content for advertising purposes. Both OPM and the provider undertake to comply with the provisions of the German Data Protection Act.
10. No guarantee. OPM does not warrant that OPM Services will be available at all times.
11. Severability Clause. Should a provision of these General Terms and Conditions be ineffective, the validity of the remaining provisions shall not be affected. About these general terms and conditions These terms and conditions may be adapted and edited by OPM in an appropriate form. This may be necessary, for example, in the event of a change in the legal situation or product adjustments. Changes do not apply retrospectively, but come into effect with immediate effect. If you do not agree to the changed terms and conditions, you must stop offering and selling products and services via OPM. OPM GmbH is a 100% subsidiary of Tobit Software AG, Parallelstraße 41, 48683 Ahaus. In addition, the following current terms and conditions apply at www.opmbc.net/rules. IV. Advertising guidelines The PROVIDER's advertising guidelines apply to all advertising and commercial content that is placed in the PROVIDER's services as part of the service packages used by the customer or that is otherwise provided there directly or indirectly.
§ 1. General
(1) The customer is responsible for knowing and complying with all applicable laws and regulations, including copyright, trademark, data protection, publicity, youth protection or other personal and property rights. Promotional content must not contain any adult content. This includes nudity or the depiction of people in explicit or suggestive positions or actions that are overly lewd or sexually provocative. The same applies to content that is shocking, sensational, disrespectful or otherwise degrading or excessively violent. Failure to comply with the Terms of Use and the Advertising Policies may result in disciplinary action or termination, as well as removal of the advertised service and termination of the account and service agreement by the PROVIDER with the Customer, including civil or criminal prosecution for the violation.
(2) The PROVIDER reserves the right to refuse, approve or remove individual advertising content at its sole discretion if there is a breach of contract or the law.
§ 2 Prohibited Content
(1) Advertising content must not depict, endorse or promote any illegal or immoral goods, services or activities. Advertising content aimed at minors or those inexperienced in business must not promote any product, service or content that is inappropriate, illegal or unsafe, or that exploits, misleads or puts undue pressure on the selected age groups, and in particular not excessive income or otherwise promise benefits.
(2) Advertising content may not advertise the sale or use of the following products or services:
• The promotion of illegal distribution systems such as illegal progressive Ponzi schemes or pyramid schemes; deceptive, false or misleading content, including but not limited to deceptive claims, fraudulent offers or business practices.
• illegal drugs or other illegal intoxicants;
• Prescription medicines
• Food supplements, cosmetic products, pharmaceuticals or medical products that are not marketable
• weapons, ammunition, explosives; • Adult products or services (excluding promotional content related to family planning and contraception).
• Political or religious advertising content or other content that exploits controversial political or social issues for commercial purposes.
• Terrorist propaganda
• Content that directly or indirectly suggests personal characteristics. This includes suggesting or implying, directly or indirectly, race, ethnic origin, religion, belief, age, sexual orientation or practices, gender, disability, medical condition (this applies to both physical and mental health), financial situation , union membership, criminal record, or names of individuals.
• Audio and Flash animations that play automatically without face-to-face interaction.
• Non-working landing pages. This includes landing pages that restrict the individual's ability to leave that page.
• Advertising content promoting or promoting offline or online gambling, games of skill or lotteries (including online casino, sports book, bingo or poker games) for real money is not permitted without prior written approval.
• Advertising content for illegal financial investment or equity products
Status of the General Terms and Conditions: 01.01.2020
copyright 2019 MATAXA Ltd
All rights reserved.
MATAXA Ltd from Malta maintains this site, which is based on chayns® from Tobit.Software.
The data protection regulations of Tobit Software AG, Ahaus, can be found under the following URL: https://tobit.software/impressum
Delivery & payment information for marketing packages
Status 01.01.2020
The standard menu items including the mashup of MATAXA Ltd are agreed as well as a direct menu item with a link to the MATAXA network. MATAXA Ltd is always used as chayns manager. The following was explained to me about the processing of my PWA order by MATAXA Ltd and the need for my active assistance. Immediately after receipt of payment, the implementation of the order begins. I will immediately provide the information and documents listed in the order and required for the creation of the PWA. In the event of late payment or assistance, the order processing stagnates until the same is properly received. Should this lead to deadlines being exceeded or other disadvantages, I release MATAXA Ltd from any liability in this regard.
The scope of services of my booked product was sufficiently explained to me. With my signature I agree to the terms and conditions as well as to the storage/use of my data according to DSGVO until further notice. I expressly authorize MATAXA Ltd or its advisor to contact me directly or indirectly, including electronically.
The debtor / client acknowledges that he owes the creditor / contractor the invoice amount . The total payment or the payment of the first installment is made within 14 days of the invoice date; if necessary, further monthly installments on the 15th of the following month.
When paying in installments, the possibility of higher installments or the full payment of the amount missing from the total payment is expressly granted at any time, whereby possible subsequent installments are neither reduced nor suspended. Payments are due according to the above dates and are not dependent on prior receipt of an invoice.
If the debtor is completely or partially in arrears with the payment of at least one installment, the entire amount still outstanding becomes due for payment immediately. In this case, interest is to be paid on the entire outstanding amount at the statutory interest rate for commercial transactions from the date of default.
MATAXA Ltd reserves the right to accept the order including payment in installments.
Cancellation policy for marketing packages
The following applies to digital products: I expressly agree that the execution of the contract will begin before the end of the cancellation period.
I am aware that my right of revocation expires with the beginning of the execution.