1. general

1.1 As part of its business activities, almuportal.com ("Contractor") shall undertake sales promotion campaigns for its clients as well as the placement of advertisements in the online and offline areas.
1.2 These General Terms and Conditions ("GTC") shall apply to all contracts concluded between the Contractor and the Customer. The general terms and conditions of the client shall in no case become part of the contract.
1.3 Field staff or editorial staff have no authority to conclude any deviating agreements or to make any additional promises whatsoever.

2. conclusion of contract / duration / extension

2.1 The contract is concluded with the signing by the customer of an order form completed by 3, 6 or 12 months, depending on the duration, with regard to performance and price. The order is binding and irrevocable for the customer.
2.2 The basis of the contract is exclusively the written order according to the order form. Verbal subsidiary agreements as well as deletions, additions and modifications in the order form and in these General Terms and Conditions shall not become part of the contract, with the exception of the conditions described in the "Notes" field of the order form. The service components of the booked product can be set to www.almuportal.com can be taken from the
2.3 Contracts shall be concluded for a certain minimum term (3, 6 or 12 months), during which a contract shall be extended by 3 months at the end of the minimum term if it is not terminated by registered letter before the end of the minimum term.
2.4 The Contractor shall not increase prices for the duration of the minimum term. In the event that the contract is extended, it is expressly agreed that the price shall retain its value.
2.5 The Contractor shall pass on to the Customer any transaction taxes or excise duties to be paid in respect of the agreed performance of services, irrespective of who is liable for such taxes. If such taxes or duties are newly introduced, increased, abolished or reduced, the Contractor shall adjust the remuneration accordingly.

3. waiver of rescission

A rescission of the contract in particular because of error or for the reasons of § 934 ABGB (shortening over half) is excluded.

4. invoice / terms of payment / loss of deadline

4.1 Unless otherwise agreed, the payment shall be due in advance and for the agreed term. Agreements on payment by instalments or deferrals must be made in writing. The Customer shall not be entitled to set off against claims of the Contractor.
4.2 The first invoice shall be issued upon online start or other commencement of service provision. If the contractor has not yet provided all services (e.g. company entry, homepage) at online start, or if the entry is otherwise incomplete, the client is not entitled to withhold or reduce payments, provided that these circumstances do not fall within the sphere of the contractor. It is the responsibility of the client to ensure that all documents, data, releases or similar are available in good time.
4.3 In the event of incomplete or late payment, the Contractor shall be entitled to demand payment of the fee due for the entire term and the Contractor shall be entitled to suspend the performance of its own services until all claims have been settled (loss of deadline). The judicial assertion shall in any case be considered as due date.
4.4 We send our invoices by e-mail to the e-mail address indicated by the customer in the order form. The customer can contradict the sending by e-mail at any time or inform us of another e-mail address for the receipt.

5. withdrawal from the contract by the client / contractual penalty

The following contractual penalties will be charged if the client withdraws from the contract: In the event of withdrawal from the contract before the agreed online start, 50% of the agreed fee for the entire minimum term shall be payable as a contractual penalty; in the event of withdrawal after the agreed online start, a contractual penalty of 100% shall be payable. We reserve the right to assert further claims for damages. The client shall also reimburse the lost profit.

6. material / liability

6.1 "Material" means the documents, data and files necessary for the execution of the order, plus the information required for their function.
6.2 The Customer shall be responsible for handing over the material to the Contractor. The Customer shall ensure that the material is handed over to the Contractor complete, faultless, in accordance with the contractual agreements and suitable for the agreed circuit no later than 15 working days prior to the commencement of the performance by the Customer. In the event of non-compliance with this deadline, the Contractor reserves the right to enter only the company name with address and telephone number of the Customer in the directory or to define a new switching date.
6.3 The Contractor shall be entitled, but not obliged, to process the material as far as this is necessary or reasonable for the implementation. The Contractor shall be entitled to invoice the expenses. The contracting entity may request in writing that the data entered be amended. The client is entitled to the deletion of his data at any time, without the payment obligation thereby expiring.
6.4 The client confirms that he owns and can freely dispose of all necessary rights, in particular rights of use, publication, exploitation and copyright, to the materials made available. The client guarantees that the contents of the promotion do not violate applicable law, legal and official prohibitions, and morality. The Customer further guarantees the Contractor that the rights of third parties shall not be impaired by the fulfilment of the order. The responsibility for the content of the promotion lies exclusively with the client. The contractor is entitled, but not obliged, to carry out a content check. The Customer shall indemnify and hold the Contractor harmless in connection with all third-party claims.
6.5 The contractor is not obliged to store the material. The Contractor shall not be liable for damaged or lost material of the Customer.
6.6 If a technically faultless order processing cannot be guaranteed, the contractor is entitled to remove the material from the circuit immediately.
6.7 Should the material be processed by the Contractor, all rights that may arise shall remain with the Contractor. All rights, in particular all patent, copyright and other intellectual property rights of use and exploitation, to the Contractor's products and to parts thereof shall belong exclusively to the Contractor.
6.8 The Contractor shall not be liable for any services provided by cooperation partners, e.g. details which appear in the directory in addition to the company profile, in particular not for their topicality and correctness of content.

7. warranty / compensation / exclusion of liability

7.1 The client is obliged to check the promotion immediately after online placement for possible defects and to complain about possible defects within 3 working days from placement in writing to the contractor. If the complaint is not made or not made in due time, the promotion shall be deemed accepted and any warranty and compensation claims of the client shall lapse. In the event of defects which are justifiably notified in good time, the Contractor shall be obliged to rectify them.
7.2 The contractor makes no assurances about possible placements of the promotion. An exclusion of competitors of the client cannot be agreed. The contractor is entitled to publish the promotion beyond the contract period as well as on websites of third parties without having to compensate the client. Colour deviations or deviations from the design do not entitle the client to a price reduction or withdrawal. Liability for the content of websites to which the Contractor refers is expressly excluded. The contractor makes no promises about the availability of websites and therefore excludes any liability.
7.3 The contractor reserves the right to determine which Internet browser versions are required for the operation and retrieval of the promotion. It does not constitute a defect/error if users do not use the appropriate browser type or version, incorrect browser settings or so-called "advertising blockers".
7.4 Furthermore, there shall be no defect/error if the defect/error is outside the sphere of influence of the Contractor, in particular disruptions of the communication networks of other companies, computer failure at Internet providers, as well as non-updated offers on proxy servers (intermediate storage).
7.5 Should defects or errors occur in an order, the customer shall not be entitled to refuse or offset payment for another order.
7.6 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 against the Contractor shall be asserted in court within one year of becoming aware of the damage and the injuring party, otherwise they shall be lost.

8. secrecy / data protection / declaration of consent

8.1 Insofar as the Contractor makes evaluations available online with password-protected access, the Customer undertakes, on the one hand, to treat the password confidentially, to store it securely and not to pass it on to third parties and, on the other hand, to indemnify and hold the Contractor harmless for any damages arising from the breach of this obligation to secrecy. In the event that it is necessary for the password to be passed on within the Customer's company, the Customer undertakes to make the password provided by the Contractor available only to those persons of the Customer's company who are subject to the same confidentiality obligation.
8.2 The Customer undertakes to treat all information and data received from the Contractor in connection with the performance of this Agreement as confidential and not to make them accessible to third parties. The obligation extends beyond the termination of the contract.
8.3 When placing an order and establishing a contract, the Customer expressly agrees that the Contractor may collect the data provided by the Customer and use it for contractual and marketing purposes. the Customer expressly agrees to the transfer of this data to third parties and to receive information (also for marketing and advertising purposes) from the Contractor electronically (in particular by e-mail or SMS). The contractor is entitled in the course of search engine optimization to publish data of the client (in particular contact data, photos, geo information) The consent declarations apply beyond the agreed or actual contract period, but can be revoked at any time in writing.

9. other

9.1 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 Almuñecar (Spain).
9.2 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 comes as close as possible in legal and economic terms to the first in terms of its meaning and purpose.
9.3 The "General Terms of Use" of Almuportal.com apply separately to the use of Almuportal.com online directories. If the creation of a homepage service content, the General Terms and Conditions of Almuportal.com for the creation and operation of a homepage.