General Terms and Conditions - Almuportal.com for the creation and operation of a homepage.
1. scope of application
1.1 The client has concluded a contract with the company Almuportal.com ("contractor") for the provision of a company entry ("FE contract"). If this FE-Contract contains services for the creation and operation of a homepage, the following regulations shall apply for the creation and operation of this homepage of the client.
1.2 In addition to these "General Terms and Conditions for the Creation and Operation of a Homepage", the "General Terms and Conditions" of the Contractor shall also apply. Terms and conditions of the client do not apply.
2. service provision
2.1 As soon as the contractor receives all material (information) necessary for the creation and operation of the homepage documents and data, the creation of the homepage can begin. The client is responsible for the timely provision of the goods.
2.2 The homepage shall, if agreed, be an integral part of the FE contract. Services regarding the homepage will only be provided during the term of the FE contract. The contractor is entitled to refuse the service and/or to suspend services already rendered, e.g. online placement of the homepage, as soon and as long as the client is in arrears with a due payment for the company entry.
3. design of the homepage
3.1 The Contractor shall create a homepage for the Customer in accordance with the overview of services, which shall be handed over upon conclusion of the FE Contract.
3.2 After completion of the homepage, the Contractor shall send the Customer a link via which the Customer can view the homepage. The Customer shall check the homepage for correctness of content and compliance with legal obligations (in particular imprint, publication obligations or rules of professional conduct) and shall inform the Contractor within 5 working days in writing of any correction requests or necessary changes. If there is a request for change, the Contractor shall implement this within a reasonable period of time if possible and shall send the Customer a new link for checking the changed homepage.
3.3 If the client has no objections, the homepage shall be deemed released. The homepage shall also be deemed to have been released without an express declaration of release if the client has not requested a change within 5 working days of sending the link.
3.4 The Customer shall itself check whether the desired domain interferes with the rights of third parties. The selection of a suitable domain is the responsibility of the client.
4. operation and maintenance of the homepage
4.2 Requests for changes to the homepage of the client after activation can be charged.
5. services of the client
5.1 The Customer shall provide the Contractor with the content required for the creation of the website as well as the content required for any desired change, in particular photo files, videos or texts in a format agreed in advance. The contractor is not obliged to check the contents provided by the client, in particular not with regard to whether they are suitable to achieve the purpose pursued with the creation of the homepage, or whether the contents interfere with the rights of third parties. However, the Contractor reserves the right to reject recognisably illegal content.
The client is obliged to mark content on his website as his own content, stating the legally required information (imprint). The Customer shall indemnify the Contractor against all claims based on a breach of the aforementioned obligations and shall hold the Contractor harmless from and against any and all claims arising from the breach of the aforementioned obligations Contractor shall be indemnified and hold harmless in this respect.
5.3 If the client has a domain under which the homepage is to be activated, he must make all the declarations necessary to be able to use the domain for the homepage.
5.4 As long as the customer does not comply with his obligations to cooperate (cf. points 2.1., 3.2. and 3.4.), the contractor can refuse to create the homepage. If the customer does not supply any content, the contractor reserves the right to upload the data from the company entry to the homepage instead.
6. rights of use
6.1 All rights to content provided by the client remain with the client.
7. remuneration
7.1 If the client is in arrears with payments for the company entry, the contractor is entitled to switch off the homepage until full payment or to block access to it.
8. warranty and liability
8.1 The Contractor warrants that the homepage created has been created in accordance with the contract.
8.2 The contractor shall program the homepage in such a way that it can be read and indexed by search engines. In particular, however, the Contractor does not assume any guarantee for a specific ranking of the homepage, since the ranking depends on many factors that affect the order the recipient cannot influence.
8.3 The Contractor shall only be liable for damage caused by gross negligence or intent. Liability for lost profits or other consequential damages is expressly excluded. Liability is limited in amount to the fee paid by the client. claims for damages shall be asserted in court against the Contractor within one year of becoming aware of the damage and the party causing the damage, otherwise the loss shall be forfeited.
9. rights of third parties
9.1 The Contractor guarantees that the use and operation of the homepage created by it does not violate any rights of third parties, unless this is caused by content provided by the Customer or violation of obligations to provide information on the homepage (eg Imprint). As far as the contractor uses base technology or software developed by third parties for the creation of the homepage, the contractor assures to dispose of the necessary rights and to be entitled to grant the rights mentioned in point 6.
9.2 The Contractor assumes no liability for content provided by the Customer or information on the homepage based on information provided by the Customer (e.g. imprint). The contractor is also not liable for the violation of rights by the domain used by the customer. If a claim is made against the Contractor due to the infringement of rights by content or information on the homepage or the absence of information or by a domain from third parties, the Customer shall indemnify the Contractor against such claims at first request and shall indemnify and hold the Contractor harmless.
10. final provisions
10.1 Additional agreements, amendments and supplements must be made in writing to be effective.
10.2 The Contractor reserves the right to amend these General Terms and Conditions. The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which, according to its meaning and purpose, is legally and economically valid the closest.
10.3 Spanish law shall apply exclusively. The place of performance for both parties shall be the Contractor's registered office. Place of jurisdiction for both parties is Spain Almuñecar.