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Terms

Work

These terms and conditions apply to Creative Skyline and all brands.

 

§ 1 Preface

§ 1.1 The following general terms and conditions are the basis for all business transactions with Creative Skyline / Sascha Neumann and the associated sub-areas s.n.designs, Der Wolkenspeicher, Der Kreativzwerg and Zwergimotion (hereinafter summarized and referred to as Creative Skyline). Sales, delivery and performance take place only under these conditions. Deviations will only become part of the contract if they have been expressly agreed in writing beforehand.

 


 

§ 2 General

§ 2.1 Retention of title / rights of use

§ 2.1.1 Creative Skyline may use all projects / graphics / photographs created or supervised by the customer for their own purposes, e.g. in the context of references, customer acquisition, etc. to the full extent.
§ 2.1.2 The right of use is only transferred to the client once the remuneration has been paid in full.

 

§ 2.2 Duties and Liability

§ 2.2.1 The obligations of Creative Skyline arise primarily from the specification of services, the submitted offers or signed orders between Creative Skyline and the client.
§ 2.2.2 Insofar as Creative Skyline provides free services, these can be discontinued at any time. This does not result in a reduction, reimbursement or compensation claim. Even lost data cannot be restored or output.

 

§ 2.3 Customer-specific / individual offers

§ 2.3.1 The offers from Creative Skyline are subject to change and non-binding.
§ 2.3.2 In the case of customer-specific / individual offers, the offer must be accepted within a reasonable period of time after the offer has been sent. If accepted later than one month after being sent, the offer loses its validity and agreed execution times can be extended. The offer can be refreshed and adjusted if necessary after consultation.
§ 2.3.3 Side agreements are only effective if they are confirmed in writing.

 

§ 2.4 Conclusion of the contract / conclusion of the order

§ 2.4.1 When using the online ordering process, the contract is concluded when the customer sends the order.
§ 2.4.2 In the case of customer-specific / individual orders, the client receives a written offer / contract from Creative Skyline after consultation. The order confirmation can be given orally or in writing by the client, whereby the contract is concluded.

 

§ 2.5 Terms of payment / prices

§ 2.5.1 Invoices from Creative Skyline are to be paid by the customer no later than 14 days after the invoice date without any deductions.
§ 2.5.2 If, despite a reminder, the customer does not meet his payment obligation within a further grace period of 10 days, Creative Skyline is entitled to terminate the contract without notice.
§ 2.5.3 Creative Skyline is entitled in the event of default in payment to the customer to assert the claims for default damages to which he is legally entitled. The amount in arrears bears interest at the statutory default interest rate (§ 288 BGB) for the period of default.
§ 2.5.4 The customer has to pay Creative Skyline the additional costs for payment transactions, e.g. B. to reimburse return debits for credit card payments or electronic direct debit.
§ 2.5.5 Should a cost increase occur up to the execution of the order, the customer will be informed of this in good time. If a price increase occurs, the customer is entitled to withdraw from his order with Creative Skyline.
§ 2.5.6 If payment of an invoice by direct debit has been agreed with the customer and bills, regardless of whether they are different or the same, cannot be successfully collected twice in a row, the customer is excluded from payment by direct debit. His payments can then only be made by bank transfer. In addition, the customer has to reimburse Creative Skyline for all costs caused by the return debits. Furthermore, Creative Skyline reserves the right in this case to demand all payments due up to the point in time of the extension of the contract (s) of the customer immediately and with a sum. Creative Skyline reserves the right to withhold its services in full until all outstanding claims of the customer have been settled in full.

 

§ 2.6 Duration of the contract / termination

§ 2.6.1 Creative Skyline is not obliged to inform the customer again of the end of the contract before the end of the notice period.
§ 2.6.2 Creative Skyline does not save any data after termination or deactivation.
§ 2.6.3 For the termination of the contract the text form according to § 126b BGB is to be kept. We ask that you state the name of the customer, the email address and the contract that is to be terminated in the termination. We recommend canceling via the customer area. This ensures problem-free assignment and the fastest possible processing of the termination. If the customer cancels a domain, he should indicate in the termination whether the domain should be transferred to another provider, deleted immediately or expire at the end of the contract.

 


 

§ 3 Web Design & amp; Development & amp; Search engine optimization

§ 3.1 Retention of title / rights of use (applies in addition to § 2.1)

§ 3.1.1 Creative Skyline has the right to refer to its participation in the creation of the website, in particular by means of a notice with a link to its own website. Removal of the author’s designation is additionally to be remunerated.
§ 3.1.2 The removal of the author’s designation must be submitted in text form to Creative Skyline.
§ 3.1.3 Changes and edits to the content of the website, in particular updates of texts, images, graphics and tables, may be made by the customer or third parties commissioned by him without the consent of Creative Skyline. Technical changes, with ongoing support from Creative Skyline, require written approval.
§ 3.1.4 Other uses, in particular the reproduction or distribution of the website or parts thereof (with the exception of works provided by the customer himself) in printed form or on other websites that are not operated by Creative Skyline designed or supervised require the prior written consent of Creative Skyline and are to be remunerated in addition.

 

§ 3.2 Obligations and liability (applies in addition to § 2.2)

§ 3.2.1 The customer is obliged to check the material made available for the content of the website, in particular images, for any existing copyrights and copyright rights and to obtain any necessary permissions for use. Any claims due to copyright infringements are fully borne by the customer. This does not apply to images and scripts that Creative Skyline procures. The customer bears sole responsibility for any text content or other publications. The customer exempts Creative Skyline from all claims that third parties may make against them due to behavior for which the customer is responsible or liable according to the contract. The customer bears the costs of any legal prosecution.
§ 3.2.2 Creative Skyline is obliged to provide the customer with error-free work when creating a new website. Creative Skyline assumes no liability for errors that are contested later than 24 hours after the website has been accepted and the access data has been sent. The remedying of these errors is additionally remunerated.
§ 3.2.3 With regard to search engine optimization, Creative Skyline assumes no liability for the ranking in the search engines. Claims from the customer are excluded.

 

§ 3.3 Maintenance / Corrections

§ 3.3.1 If the customer concludes a maintenance contract with Creative Skyline, Creative Skyline is responsible for checking and updating the customer’s pages in the appropriate time periods and for reporting any malfunctions. During the term of the contract, the customer is responsible for ensuring that no changes are made by third parties to the pages listed in the maintenance contract.
§ 3.3.2 If no maintenance contract has been concluded or the maintenance contract does not include technician hours, the current hourly rate applies for processing from Creative Skyline.
§ 3.3.3 Corrections and changes when creating a website, as long as they do not exceed 10% of the pure development costs, are included in the flat-rate offer prices. If this is exceeded, Creative Skyline is entitled to invoice the additional costs incurred according to current hourly rate even without explicit notice. Requests for changes must be made in writing. No liability can be assumed for changes made verbally or by telephone. After termination of the contractual relationship through receipt of payment and handover of the pages to the customer, Creative Skyline does not assume any guarantee / liability for errors that arise through interventions by the customer or through the influence of third parties.
§ 3.3.4 Telephone support or remote maintenance are charged at the current hourly rate .

 

§ 3.4 Terms of payment / prices (applies in addition to § 2.5)

§ 3.4.1 In the case of customer-specific / individual offers, the actual working hours of the offer may differ and must be remunerated in addition. If this should occur after acceptance of the offer, the customer will be informed in advance.
§ 3.4.2 If the customer is in arrears with a payment, Creative Skyline is entitled to make use of its statutory right of retention in § 273 BGB and to retain the website / design.
§ 3.4.3 Creative Skyline reserves the right to request an advance payment of 50% (amount of compensation in the event of withdrawal from the contract) of the total amount.
§ 3.4.4 Unless otherwise agreed, follow-up orders, updates, renewals or extensions to websites, as well as advice and support are billed on an hourly basis every 15 minutes.
§ 3.4.5 If an order lasts for a long time, from one month, or if it requires high financial advance payments from Creative Skyline, the remuneration for the services is deducted at the end of each month.

 

§ 3.5 Contract duration / termination (applies in addition to § 2.6)

§ 3.5.1 Contracts for web design, web development and website analysis are not tied to any term. This is primarily a one-time execution
§ 3.5.2 Unless otherwise agreed in writing, the contract period for search engine optimization is 3 months. If a current contract is not terminated within the notice period of one month to the end of the contract, it will automatically continue to run for 3 months.
§ 3.5.3 Unless otherwise agreed in writing, our maintenance contracts have a contract term of 12 months. If an ongoing contract is not terminated within the notice period of three months to the end of the contract, it will automatically continue to run for 12 months.

 

§ 3.6 Acceptance / withdrawal from the contract

§ 3.6.1 If the customer withdraws from the contract / accepted offer or if the customer does not accept the completed website, he is in default of acceptance. In the event of default in acceptance, Creative Skyline is entitled to insist on the fulfillment of the contract / offer or to claim compensation for non-fulfillment as an alternative. As compensation for damages, Creative Skyline can claim 50% of the purchase price on which the order is based from the customer.

 


 

§ 4 Hosting & Domain & SSL

§ 4.1 Service description

§ 4.1.1 The acceptance of the customer’s order by Creative Skyline takes place through the allocation of the access data for the ordered product. Upon acceptance, a contract is concluded between the customer and Creative Skyline for the use of Creative Skyline services. Domain names are registered by Creative Skyline with the respective NIC and billed directly to the customer. The IP addresses required to operate the services provided remain in the possession of Creative Skyline and may be changed by them at any time. Data for the registration of domain names are transmitted to the respective NIC in an automated process. The customer expressly consents to the transmission of this data.
§ 4.1.2 The customer can only assume the actual availability and allocation of the domain name if this has been confirmed by the respective NIC. Any liability and guarantee for the allocation of the domain names ordered is excluded on the part of Creative Skyline, unless it or one of its vicarious agents acts with intent or gross negligence. In addition, the guidelines of the respective registry (e.g. DENIC eG) apply to domain registration.
§ 4.1.3 In order to generate statistics, so-called log files are stored on the customer’s storage space. The log files consume part of the available storage space and can therefore be deleted by Creative Skyline at appropriate intervals to be determined by Creative Skyline. The customer can call up the log files from the server if necessary. An evaluation of the log files is carried out by Creative Skyline only for the purpose of providing the customer with centrally prepared and condensed statistics based on customer information. Any further storage and use by Creative Skyline is excluded. The customer is not entitled to delete or modify these log files. IP addresses in log files can be anonymized by Creative Skyline.
§ 4.1.4 Creative Skyline has the right to terminate the contract with the customer for an important reason if the customer culpably violates the obligations incumbent on him in these terms and conditions.
§ 4.1.5 Creative Skyline indicates the guaranteed availability of the services as a percentage of the annual mean. It is based on the tariff shown in the currently applicable and current list of prices and services. This excludes in particular times when the web server cannot be reached via the Internet due to technical or other problems that are beyond the control of Creative Skyline (e.g. force majeure, fault of a third party, etc.). Creative Skyline is only responsible for accessibility insofar as the non-availability is due to the part of the network operated by it or the web server itself.

 

§ 4.2 Restrictions on use in web hosting tariffs

§ 4.2.1 Programs such as voice chats, toplists, game servers, banner programs (banner exchange, ad server, etc.), freespace offers, subdomain services, counter systems and large download The customer may only use databases with the prior written consent of Creative Skyline. The customer is also prohibited from operating a chat forum, unless the customer’s tariff includes a chat system provided by Creative Skyline. In such cases, Creative Skyline is entitled to charge a separate fee for the use of such programs. The separate price lists apply. Creative Skyline reserves the right to block content that affects the normal operating behavior or the security of the server (such as computer viruses, Trojans, spyware or software in which security gaps are or will be known), or to block their operation in individual cases to prevent.

 

§ 4.3 Special rules for servers, vServers, cloud servers, root servers, Windows servers and dedicated servers

§ 4.3.1 With certain servers the customer has only administrator rights. Creative Skyline cannot manage the server. The customer is therefore solely responsible for the security of his server. It is his responsibility to install security software, to find out regularly about security gaps that become known and to close known security gaps. The installation of maintenance programs or other programs that Creative Skyline makes available or recommends does not release the customer from this obligation.
§ 4.3.2 Every customer is obliged to set up and manage his server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. If spam mails are sent via the customer’s server, Creative Skyline will block the server. If a customer endangers the security, integrity or availability of networks, servers, software or data via his server or if Creative Skyline suspects this on the basis of objective evidence, Creative Skyline can temporarily block the server. If a server becomes the target of (D) DoS attacks and a repetition is to be expected, Creative Skyline can terminate the contractual relationship without notice after a warning.
§ 4.3.3 The customer is responsible for backing up data. A right of the customer to data backup by Creative Skyline is excluded.
§ 4.3.4 Internet relay chat (IRC) services, anonymization services and P2P file sharing platforms may only be used by the customer with the prior written consent of Creative Skyline.
§ 4.3.5 Creative Skyline reserves a time window of 24 hours for the duration of the establishment.

 

§ 4.4 Special rules in reseller tariffs

§ 4.4.1 Programs such as voice chats, toplists, game servers, banner programs (banner exchange, ad servers, etc.), free space offers, subdomain services, counter systems and large download The customer may only use databases with the prior written consent of Creative Skyline. The customer is also prohibited from operating a chat forum, unless the customer’s tariff includes a chat system provided by Creative Skyline. In such cases, Creative Skyline is entitled to charge a separate fee for the use of such programs. The separate price lists apply. Creative Skyline reserves the right to block content that affects the normal operating behavior or the security of the server (such as computer viruses, Trojans or software in which security gaps are or will be known), or to prevent their operation in individual cases . The customer is responsible for backing up data. A right of the customer to data backup by Creative Skyline is excluded.

 

§ 4.5 Special rules in tariffs Gold-Cloud & amp; Private cloud

§ 4.5.1 Please note that you are still responsible for your data.
§ 4.5.2 The gold cloud and the private cloud are secured by a RAID, which can tolerate the failure of several hard drives. The chance of data loss is therefore low. Creative Skyline does not mirror / back up your data on other servers.
§ 4.5.3 Creative Skyline gives no guarantee and / or liability in the event of data loss.
§ 4.5.4 Creative Skyline reserves the right to remove content that affects the normal operating behavior or the security of the server (such as computer viruses, Trojans or software in which security gaps are or will be known) to block, delete or prevent their operation in individual cases.

 

§ 4.6 Terms of payment / prices (applies in addition to § 2.5)

§ 4.6.1 If the customer is in arrears with a payment, the provider is entitled to make use of his statutory right of retention in § 273 BGB and to provide the services both for the customer and for access from the Block the Internet until the outstanding amount has been received.
§ 4.6.2 If the services are blocked due to default in payment by the customer and if he pays the outstanding amount within the grace period, he in any case bears the costs of the unblocking by the provider in accordance with the current price list .
§ 4.6.3 Creative Skyline reserves the right to delete and / or not to extend domains in default of payment. If a customer only pays the invoice after the due date, he runs the risk and is responsible for the fact that the domain has already been deleted / expired. Creative Skyline is not liable for this
§ 4.6.4 Unless otherwise stated in the offer, the customer must pay the respective amount for the use of the Creative Skyline services in advance. The same applies if the usage contract is extended.

 

§ 4.7 Contract duration / termination (applies in addition to § 2.6)

§ 4.7.1 The contract period, unless otherwise agreed in writing, is 12 months. If an ongoing contract is not terminated within the notice period of three months to the end of the contract, it will automatically continue to run for 12 months. Deviations from the notice period are possible and must be recorded in writing.
§ 4.7.2 Contracts for the registration or transfer of a domain can be terminated with one month’s notice to the end of the contract period. If the contract is not terminated, it will be extended by 12 months.
§ 4.7.3 Creative Skyline has the right to terminate the contract with the customer if the customer is in default of payment.
§ 4.7.4 Creative Skyline reserves the right to block access or to cancel an entire package if one of the following situations occurs: virus attack, brute force attack, hacker attack, violation of the law.
§ 4.7.5 If the automatic renewal of a .de domain is deactivated, the corresponding .de domain will be deleted at the end of each month without any consideration of a term.

 


 

§ 5 Graphic design

§ 5.1 Retention of title / rights of use (applies in addition to § 2.1)

§ 5.1.1 Creative Skyline has the right to refer to its participation in the creation of a graphic. Removal of the author’s designation is additionally to be remunerated.
§ 5.1.2 The removal of the author’s designation must be submitted in text form to Creative Skyline.

 

§ 5.2 Obligations and liability (applies in addition to § 2.2)

§ 5.2.1 The customer is obliged to check the material made available, in particular pictures, for any existing copyrights and copyright rights and to obtain any necessary permissions for use. Any claims due to copyright infringements are fully borne by the customer. This does not apply to images that Creative Skyline procures. The customer exempts Creative Skyline from all claims that third parties may make against them due to behavior for which the customer is responsible or liable according to the contract. The customer bears the costs of any legal prosecution.
§ 5.2.2 Creative Skyline is obliged to provide the customer with error-free work when creating a graphic design. Creative Skyline assumes no liability for errors that are contested later than 24 hours after acceptance. The remedying of these errors is additionally remunerated.

 

§ 5.3 Terms of payment / prices (applies in addition to § 2.5)

§ 5.3.1 In the case of customer-specific / individual offers, the actual working hours of the offer may differ and must be remunerated in addition. If this should occur after acceptance of the offer, the customer will be informed in advance.
§ 5.3.2 If the customer is in arrears with a payment, Creative Skyline is entitled to make use of its statutory right of retention in Section 273 of the German Civil Code (BGB) and to retain designs.
§ 5.3.3 Creative Skyline reserves the right to request an advance payment of 50% (amount of compensation in the event of withdrawal from the contract) of the total amount.
§ 5.3.4 Unless otherwise agreed, follow-up orders, updates, renewals or expansions are billed on an hourly basis every 15 minutes.
§ 5.3.5 If an order lasts for a longer period of time, from one month, or if it requires high financial advance payments from Creative Skyline, the remuneration for the services is deducted at the end of each month.

 

§ 5.4 Acceptance / withdrawal from the contract

§ 5.4.1 If the customer withdraws from the contract / accepted offer or if the customer does not accept the finished graphic (s), he is in default of acceptance. In the event of default in acceptance, Creative Skyline is entitled to insist on the fulfillment of the contract / offer or to claim compensation for non-fulfillment as an alternative. As compensation for damages, Creative Skyline can claim 50% of the purchase price on which the order is based from the customer.

 


 

§ 6 Photography

§ 6.1 Retention of title / rights of use (applies in addition to § 2.1)

§ 6.1.1 Subject to the content requirements, the production of the photographic works is at the free artistic discretion of the contractor.
§ 6.1.2 The raw data remains the property of the contractor.
§ 6.1.3 The contractor transfers the full, exclusive, temporally, spatially and content-wise unlimited, freely transferable usage and exploitation rights to the photographs to the client. The client receives the right of use and exploitation for the following types of use: the right of reproduction; the right of distribution; the right to issue; the right to speak; the right to perform; the right to perform; the right of making available to the public; the right to broadcast
§ 6.1.4 The contractor grants the client the right of use and exploitation for all previously unknown types of use.

 

§ 6.2 Obligations and liability (applies in addition to § 2.2)

§ 6.2.1 If the contractor falls seriously ill at short notice, a replacement will be provided, provided that this is possible for him. If it is not possible to organize a replacement, the customer will be reimbursed the entire cost.
§ 6.2.2 A cancellation by the client is possible up to 3 months before the photo session. In the event of a later cancellation, the minimum deposit will be retained.

 

§ 6.3 Terms of payment / prices (applies in addition to § 2.5)

§ 6.3.1 The remuneration is made through the payment of a lump sum. The amount of the lump sum payment is stipulated in the contract. The lump sum payment covers all of the contractor’s services, including the transfer of all rights of exploitation described here, in accordance with this contract.
§ 6.3.2 Other costs incurred that are not covered by the remuneration will only be borne by the client with prior approval. Other costs include travel and accommodation costs, as well as other expenses that are related to the objective of the contract and that are customary, necessary and expedient.
§ 6.3.3 The contractor receives the remuneration via bank transfer. The contractor will provide the client with the account details as soon as possible.
§ 6.3.4 A minimum deposit of 50% is due by bank transfer after the appointment has been booked. This fee guarantees the time and date as agreed. If the payment is not received within the specified period, the contractor reserves the right to pass the offered date on to another customer. The agreed total amount must be paid in full to the contractor by bank transfer no later than two weeks before the photo session. The (personal) rights of use to be transferred are only transferred to the client after the agreed fee has been paid in full. Until the purchase price has been paid in full, all photos (including photos that have already been delivered) that have been invoiced by or via the contractor remain the property of the contractor.

 


 

§ 7 Right of Withdrawal

§ 7.1 The customer has the right to revoke his declaration of intent to conclude the contract without giving reasons within two weeks after the conclusion of the contract (acceptance of the offer). In order to exercise your right of withdrawal, you must contact us (Creative Skyline, Avenida Washington Soares 55, Sala 516 – Iguatemi Empresarial, Edson Queiroz, 60811-341 Fortaleza – CE, Brazil, E-Mail: contact@creativeskyline.com, Tel .: +49 (0) 40 72915891, Tax: +49 (0) 40 72915887) by means of a clear statement (e.g. a letter sent by post, by e-mail or by fax) of your decision to withdraw from this contract. You can use the model withdrawal form for this, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
§ 7.2 The right of withdrawal does not apply to companies, self-employed persons or traders.
§ 7.3 Consequences of the withdrawal. If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
§ 7.4 If you have requested that the services should commence during the withdrawal period, you have to pay us a reasonable amount that corresponds to the proportion of up to the point in time at which you have given us notice of exercising the right of withdrawal with regard to this contract, corresponds to the services already provided compared to the total scope of the services provided for in the contract.
§ 7.5 Creative Skyline reserves the right to begin performing the service only after the two-week withdrawal period has expired, provided that the customer has not previously given the express consent to the performance of the service and the customer does not initiate this himself Has.
§ 7.6 Model withdrawal form.
(If you want to cancel the contract, please fill out this form and send it back.)
– To Creative Skyline, Avenida Washington Soares 55, Sala 516 – Iguatemi Empresarial, Edson Queiroz, 60811-341 Fortaleza – CE, Brazil, E-Mail: contact@creativeskyline.com, Tel .: +49 (0) 40 72915891, Tax: +49 (0) 40 72915887:
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only if this is communicated on paper)
– Date
—————————————
(*) Delete where inapplicable.

 


 

§ 8 Partial invalidity

§ 8.1 If these conditions contain an ineffective regulation, all other provisions apply nonetheless. The ineffective regulation is to be replaced by an effective one that comes closest to the economic purpose of the formulation in question.

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