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Terms and Conditions
I. GENERAL TERMS
1. SCOPE OF VALIDITY
1.1 All services provided by K-Tech Media GbR (hereinafter referred to as "K-Tech Media") for software, web services, web hosting, promotional materials, and other services are exclusively governed by these general terms and conditions.
1.2 These terms and conditions also apply to future services rendered. Deviating terms and conditions require written form. Contrary or additional terms and conditions, in particular, those of the client, shall not become part of the contract, even if K-Tech Media performs a contract without explicitly objecting to such conditions.
1.3 K-Tech Media is entitled to modify the terms and conditions with a notice period of 3 months.
2. SERVICES
I. ALL SERVICES excl. WEB HOSTING
2.1 K-Tech Media provides all services itself. The scope of services owed by K-Tech Media, depending on the specific service requested, is outlined in the respective individual contract. In case of any contradictions between the provisions of the individual contract and these terms and conditions, the provisions of the individual contract shall apply.
2.2 K-Tech Media is not obligated to verify the completeness of the client's task and performance description. It is the responsibility of the client to review the provided data describing the scope of the assignment for completeness and accuracy.
2.3 All services provided by K-Tech Media are based on the current price list. All prices are subject to postage, packaging, insurance, travel expenses, and applicable statutory value-added tax, unless the transaction is exempt from VAT.
2.4 The compensation for services rendered by K-Tech Media is based on the actual time spent according to the current price list unless otherwise agreed upon.
2.5 Additional services requested by the client will be invoiced separately. The client has no claim to free rectification if the assigned tasks and performance descriptions were insufficient or incomplete.
2.6 Delivery dates or completion dates for the provision of services are binding only if expressly agreed upon in writing with the client. This written agreement must be accepted by both parties with a signature. Otherwise, the delivery date of K-Tech Media is based on feasibility, no later than 30 days after the non-binding estimated delivery date.
2.7 Services provided by K-Tech Media on Saturdays and Sundays, on public holidays in the state of Saarland, on December 24 and 31, or on weekdays after 8:00 p.m. and before 6:00 a.m. will be invoiced with a surcharge.
2.8 The scope of services (for software solutions) includes the delivery of a data carrier for the purpose of installing the software on a computer, a software license, and associated documentation. The scope of services does not include the underlying program code. The data carrier, software, and documentation remain the property of K-Tech Media. The software may be installed on a maximum of one computer, unless the licensing permits additional devices. If, for technical reasons, the device needs to be replaced, the software must be completely removed from the previous device before it can be installed and (re)activated on the new device. The client is entitled to purchase additional licenses and install the software on additional devices, always adhering to one device per license, except for multi-user licenses.
2.9 The scope of services (for other services) includes the delivery of the end product, either through online-based installation by K-Tech Media or through delivery of the end product in the form of a data carrier, email, or any other method as specified in our service portfolio by K-Tech Media. All other services provided remain the property of K-Tech Media.
II. WEB HOSTING
2.10 K-Tech Media grants the customer the use of web hosting services within the agreed operating time. The agreed minimum availability within this operating time is 99% on an annual average. This constitutes an agreement regarding the scope of our performance obligation, not a guarantee or assured characteristic. Excluded from the operating time are periods when the server is not available due to necessary maintenance work, force majeure, third-party influence beyond K-Tech Media's control, technical issues, or loss of internet functionality.
2.11 The customer is not entitled to compensation in the event that the web service, as described in point 2.10, is not available.
2.12 Any changes to the services by K-Tech Media are only possible if announced in advance within a reasonable timeframe.
2.13 The services may only be modified if deemed reasonable for the customer.
3. CUSTOMER'S OBLIGATIONS
3.1 Providing complete and accurate data is a prerequisite for a valid contract.
3.2 The customer assures K-Tech Media that the data provided is complete and accurate. Furthermore, the customer is obliged to promptly notify K-Tech Media of any changes to the data.
3.3 The customer cooperates, free of charge, to the extent necessary for the fulfillment of the order, by providing, for example, employees, IT systems, work environments, and data. The customer grants K-Tech Media direct access to the software and IT systems, using data transmission if necessary.
3.4 The customer is obliged to pay the agreed remuneration to K-Tech Media in a timely manner for the services provided.
3.5 The customer is responsible for keeping a copy of their data in a secure location and inaccessible to unauthorized third parties.
4. LIABILITY
4.1 K-Tech Media shall be liable for damages only in case of proven intent or gross negligence, in accordance with the statutory provisions. Liability for slight negligence is excluded. This also applies to legal representatives and vicarious agents of K-Tech Media.
4.2 Liability for material defects, culpable injury to life, body, or health, as well as liability based on mandatory statutory provisions, remains unaffected. This also applies to mandatory liability under the Product Liability Act.
4.3 Liability under the Product Liability Act is limited to the extent provided by this law.
5. PROTECTION OF PRIVACY
5.1 K-Tech Media collects and processes data in accordance with applicable data protection laws and regulations.
5.2 In the event of changes to data protection regulations, K-Tech Media will promptly implement the necessary measures.
5.3 K-Tech Media acknowledges that absolute data security cannot be guaranteed in an open network such as the internet, given the current state of technology.
5.4 K-Tech Media employs appropriate data security measures to protect data against unauthorized access. However, K-Tech Media does not guarantee that the data is completely secure at all times.
5.5 K-Tech Media does not provide any information regarding personal or performance-related data to unauthorized third parties. When requesting data related to your order or our services, we reserve the right to verify your identity to ensure the highest level of data protection.
5.6 Any unauthorized disclosure of our company's data, including documents of any form, email addresses, phone numbers, and employee names, will be promptly reported. Furthermore, subsidiaries and parent companies are prohibited from exchanging company data without our explicit consent. We consider such actions a violation of the GDPR and will report them immediately. Impersonating our company name, brands, trademarks, logos, employee names, or similar email addresses is a violation of the GDPR and our intellectual property rights, and will be promptly reported.
6. PAYMENT CONDITIONS
6.1 The customer is obligated to pay for the services invoiced as specified in the respective contract.
6.2 Recurring services (e.g., website maintenance, web hosting) are to be paid in advance unless otherwise agreed upon in the contract.
6.3 One-time services will be invoiced separately upon completion of the service by K-Tech Media. K-Tech Media reserves the right to request partial payment after partial completion of the scope of services.
6.4 Invoices will be delivered in digital form as a default, for the sake of the environment. If the customer requests a physical copy of the invoice, K-Tech Media reserves the right to charge an additional fee of $ 2.95.
6.5 K-Tech Media may change prices for recurring services by providing written notice to the customer with a one-month advance notice. The customer does not have the right to object to price changes for recurring services.
6.6 In the event of late payment, K-Tech Media reserves the right to restrict or suspend services. This does not relieve the customer of their obligation to pay the fees.
6.7 In case of payment default, K-Tech Media is entitled to charge reasonable reminder fees and statutory default interest, starting 16 days after the due date.
6.8 K-Tech Media is entitled to charge processing fees for invoices, reminders, and requested documents delivered by postal mail.
6.9 Depending on the type of contract, K-Tech Media is entitled to invoice recurring services either monthly, quarterly, semi-annually, or annually in advance.
6.10 If K-Tech Media has been provided with a SEPA mandate, it is authorized to collect payments from the customer's registered bank account via direct debit. Any costs incurred by K-Tech Media due to an unauthorized direct debit reversal are to be borne by the customer.
6.11 In case no order is placed with K-Tech Media following the submission of an offer or consultation, the costs for the offer or consultation session will be charged according to our fee schedule.
6.12 In the event of customer payment default, K-Tech Media will charge a minimum reminder fee of $ 1.50. If the customer is not a consumer, the reminder fee is additionally subject to Section 288 (5) of the German Civil Code (BGB).
6.13 A delivery fee of $ 6.95 will be charged for reissued invoices, reminders, and other requested written documents. This fee must be paid in advance. The costs for the requested written documents are not included in this amount.
7. LICENSES AND COPYRIGHTS
7.1 The customer receives a non-exclusive right to use the software or program licenses provided or made available by K-Tech Media. If the customer is authorized for multiple licenses, the following usage conditions apply to each individual license. Additionally, the respective license terms of the program and software manufacturers apply.
7.2 The customer undertakes to ensure that the license terms and agreements of the respective programs and software are complied with by the user. The customer may only use the license on one computer. The software or partial use of the software occurs when the software or software components are installed on a computer of the customer and loaded into the memory or when the software is stored on another non-portable storage medium. A program installed on the network server for the purpose of program distribution is not considered used.
7.3 If the customer has been granted a time-limited right to use the programs, promotional materials, or design templates by K-Tech Media, these must be promptly removed from all storage media in the event of termination or other termination of the contract. Documentation and other documents directly affected by the termination of the contract must be returned to K-Tech Media immediately. If the customer is not obligated to retain the data, all data remaining on the customer's systems after the termination of the programs and services must be completely removed. The other contractual provisions apply beyond any termination and do not release the customer from his obligations towards K-Tech Media.
7.4 The resale of the provided software, services, design templates, promotional materials, and other services of K-Tech Media is prohibited in any case.
7.5 If the customer has been provided with software, images, promotional materials, websites, design templates, or other services by K-Tech Media for a limited or unlimited period, the customer does not acquire ownership of the corresponding material, service, website, or program. These services are merely provided for use within the framework of the contract. The sale of these services is prohibited in any case.
7.6 K-Tech Media reserves the right to claim damages in case of abusive use of the provided services, software, websites, and promotional materials. If a customer violates their obligations under this agreement, K-Tech Media reserves the right to claim damages and prohibit the customer from further using all services provided by K-Tech Media.
7.7 Multi-user licenses may be installed on a maximum number of devices for which the multi-user license is intended. For example, a customer may install a three-user license on a maximum of three devices.
7.8 If clause 7.7 is violated and a program or parts of a program are installed on more than the maximum permissible number of devices, K-Tech Media reserves the right to separately invoice the use of the program or partial use of the program, or to restrict or prohibit the use of the program.
7.9 Ownership of services, software, and other services provided by K-Tech Media occurs when the customer has ordered custom software or services and K-Tech Media has expressly agreed to a sale and transfer of ownership. This transfer requires written form. The corresponding documents must be kept by K-Tech Media and the purchaser of the services, software, or other services for the duration of the use of these services, software, or other services.
7.10 The right to use time-limited services provided by K-Tech Media expires automatically and does not require termination, unless the time limitation is tied to a subscription.
8. CONCLUSION AND TERMINATION OF THE CONTRACT
8.1 The contract is concluded upon acceptance of the customer's application by K-Tech Media or upon the first performance of the contract.
8.2 Contracts for time-limited services that are subject to a subscription will automatically renew for the agreed minimum term of up to 12 months, unless the customer cancels within the contractually agreed timeframe.
8.3 Cancellations must be in writing. Cancellations can be submitted either by mail or digitally via email. Cancellations by email will only be accepted if the corresponding document is accompanied by a readable digital signature.
8.4 K-Tech Media reserves the right to verify the identity of the party submitting the cancellation if there is any doubt. The time of receipt of the declaration shall not be affected by this verification process.
9. JURISDICTION AND LAW
9.1 The exclusive place of jurisdiction for all legal disputes arising from this contract is Sankt Wendel, to the extent that the customer is a business or a legal entity under public law.
9.2 Only the law of the Federal Republic of Germany shall apply. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
II. EXCLUSIVE TERMS AND CONDITIONS FOR DOMAINS & WEB HOSTING
1. REGISTRATION OF A NEW DOMAIN
1.1 The contractual relationship necessary for the registration of the respective domain is directly established between the customer and the respective domain allocation office or registrar. K-Tech Media acts as a mere intermediary in the relationship between the customer and the respective domain allocation office, without having any influence on the allocation of the domain.
1.2 The customer is fully responsible for ensuring that the requested domain does not infringe upon the rights of third parties.
1.3 The different top-level domains are each managed by independent organizations. Each of these organizations has different conditions for registration, administration, and resolution of domain disputes for their respective top-level domains and corresponding sub-level domains. If they are the subject of this contract, the relevant allocation conditions in their current version shall apply in addition to these General Terms and Conditions. In the case of .de domains, the DENIC domain terms and conditions, DENIC domain policies, and DENIC direct price list also apply. All of the aforementioned conditions are an integral part of this contract.
1.4 The registration of domains is carried out through an automated process whereby the data is transmitted to the respective registration authority. The registration authority operates on a first-come, first-served basis, meaning that the first registration received is granted. K-Tech Media cannot guarantee the allocation of an ordered domain.
1.5 The customer is obliged to fully cooperate in all actions necessary for the registration, transfer, or deletion of their domain. The customer is solely responsible for ensuring that a domain registered by them and the content transferred by them do not violate legal rights or infringe upon the rights of third parties. The customer undertakes not to offer domains or content of extremist (particularly right-wing extremist) nature or containing pornographic or commercially erotic offers. This also applies to linking to pages that contain such content. The sending of spam emails is prohibited, particularly the sending of unsolicited advertising. It is also prohibited to provide false sender data or disguise sender data when sending emails.
1.6 If the data to be provided for a domain according to the respective registration conditions proves to be incorrect and K-Tech Media cannot contact the customer using the provided data, K-Tech Media may have the domain deleted.
2. INFRINGEMENT
2.1 If third parties credibly demonstrate that the content of a website or the domain itself violates their rights, or if there are objective indications that laws are being violated through domains or content, K-Tech Media may block the website as long as the infringement or dispute with the third party over the infringement persists.
2.2 If the potential infringement is committed through a domain, K-Tech Media may also take measures to make the domain inaccessible. In cases where the infringement through a domain appears certain based on objective indications, K-Tech Media may terminate the contractual relationship without notice.
2.3 In the case of extremist, pornographic, or commercially erotic content, K-Tech Media may issue an immediate termination instead of blocking.
2.4 If the customer sends spam emails, K-Tech Media may temporarily block the mailboxes on the email server.
2.5 K-Tech Media may reject emails addressed to its customers based on objective criteria if there are facts justifying the belief that an email contains harmful software (viruses, worms, or trojans, etc.), if the sender information is false or obscured, or if it constitutes unsolicited or disguised commercial communication.
2.6 K-Tech Media's entitlement to remuneration continues as long as a service is blocked for the aforementioned reasons.
2.7 The entitlement to remuneration ceases if K-Tech Media terminates the contract without notice for the aforementioned reasons.
3. TERMINATION OF A CONTRACT
3.1 Deletion requests for domains require the signature of the domain owner.
3.2 If the customer does not request the deletion of a domain upon termination, K-Tech Media may return the domain to the relevant registry after the end of the contract and a reasonable period of time. K-Tech Media hereby informs that in this case, the customer may remain liable to the registry for compensation.
3.3 Alternatively, after a reasonable period of time, K-Tech Media may also initiate the deletion of the domain. The entitlement to remuneration from the customer of K-Tech Media continues until the domain is finally deleted.
3.4 If K-Tech Media terminates the contract due to default in payment or for a valid reason as outlined in Section II.2, K-Tech Media may initiate the deletion of the affected domains after a reasonable period of time, unless the customer provides other instructions. As long as the domain exists, the entitlement to remuneration from the customer of K-Tech Media is not extinguished.
III. BUYING FROM KTM COMPUTER CENTER ONLINE STORE
1. SCOPE OF VALIDITY
1.1 These terms and conditions apply to all orders of goods and services from the range of K-Tech Media, which can be purchased on www.ktechmedia.de or www.ktechmedia.com in Europe and UK. These terms and conditions also apply specifically to digital products and software licenses.
2. CONTRACTING PARTIES & CONTRACT CONCLUSION
2.1 The contracting party in the KTM Computer Center Online Store is K-Tech Media.
2.2 By clicking the "Buy Now" button, the customer submits a binding offer to purchase all the items in the shopping cart. The customer also agrees to these terms and conditions.
2.3 The subsequent email confirming the order confirms the receipt of the order at the KTM Computer Center Online Store and lists all the items ordered.
2.4 The order is accepted and confirmed only upon the dispatch of the shipping confirmation by K-Tech Media. From this point onwards, changes to the order by the customer are no longer possible.
2.5 If the product is not available at the time of the customer's order, we reserve the right to reject the order. Any payments received will be promptly refunded.
2.6 The goods remain the property of K-Tech Media until full payment is received.
3. DELIVERY AND PAYMENT
3.1 The delivery of the order will take place only after receipt of payment or confirmation of payment by a payment service provider. The delivery will be made promptly, but no later than within 7 working days from receipt of payment. The delivery time to countries other than Germany may vary.
3.2 All prices are stated in Euro (€) and include the applicable value-added tax in the respective country.
3.3 The customer has access to the payment methods displayed during the ordering process.
4. RIGHT OF WITHDRAWAL
4.1 Customers have a right of withdrawal according to § 355 of the German Civil Code (BGB). The withdrawal must be addressed in writing to KTM Computer Center Onlinestore. This can be done by email to info@ktechmedia.de or by using the withdrawal form, although this is not obligatory. To meet the deadline, it is sufficient for the withdrawal to be sent before the expiry of the 14-day withdrawal period.
4.2 The consequences of withdrawal are the reversal of the purchase. The buyer must return all ordered goods or partial shipments from which they are withdrawing to K-Tech Media - Dillinger Straße 5 - D-66606 St. Wendel, Germany. Upon receipt of the returned goods and if the goods are undamaged, the purchase price will be refunded. The refund will be made to the payment method chosen by the customer.
4.3 Sample Withdrawal Form - the contract can be revoked by completing and sending the withdrawal form (click here for the sample form). We also accept an alternative form of email notification.
IV. TERMS AND CONDITIONS FOR VENDORS
1. SCOPE OF VALIDITY
1.1 These General Terms and Conditions for Suppliers (K-Tech Media GbR is the customer) apply worldwide.
1.2 All procurement activities of K-Tech Media GbR (hereinafter referred to as "K-Tech Media") are exclusively based on these general terms and conditions.
1.3 These terms and conditions also apply to future services provided by suppliers. Deviating terms and conditions are not permissible.
1.4 These terms and conditions automatically come into effect when a supplier of K-Tech Media issues or sends a performance notice, invoice, offer, or draft contract, either in writing, electronically as an email, by postal mail as a letter or package, or by fax, orally over the telephone (landline or mobile), through a personal visit, or through any other personal contact with K-Tech Media (employees, supervisors, or management).
2. INCEPTION OF TREATY
2.1 The contract with the respective supplier begins upon order placement by K-Tech Media and the first action taken by the supplier or the submission of an order confirmation.
2.2 The supplier's terms and conditions are part of the contract. Unexpected clauses in the supplier's terms and conditions are void and will not be considered part of the contract.
3. OBLIGATIONS OF K-TECH MEDIA
3.1 K-Tech Media undertakes to make payment in accordance with a proper invoice from the supplier and to settle this invoice in full.
3.2 The payment terms of the supplier shall apply.
3.3 In the case of leasing agreements, K-Tech Media is obliged to handle the leased object or program with care.
3.4 K-Tech Media is not obliged to silently tolerate any deficiencies in the performance by the supplier towards third parties.
3.5 K-Tech Media is authorized to evaluate suppliers on rating platforms and share these evaluations in public media.
4. DUTIES OF THE SUPPLIER
4.1 The supplier undertakes to provide all ordered services in full and without restrictions, in accordance with their terms and conditions. This includes the provision of services.
4.2 The supplier is obligated to provide the K-Tech Media with a proper certificate of performance/invoice, which must be signed in accordance with legal requirements by an authorized representative of the supplier. Unsigned invoices are not valid.
4.3 The supplier is obliged to remedy any non-performance or partial performance of the services. This also applies to the provision of services.
4.4 The supplier is obligated to remedy any defects or exchange the goods in accordance with applicable laws. For services, the supplier is allowed two attempts at remedy. If the remedy fails or is refused, the K-Tech Media may terminate the supplier contract with immediate effect. The supplier's entitlement to compensation ends with the immediate termination, based on the date of the postmark. This also applies to service and leasing contracts, as well as contracts with a minimum term.
4.5 The supplier is liable for damages if the K-Tech Media incurs financial losses due to the lack of performance. The extent of the damages will be determined by the K-Tech Media.
5. DATA PROTECTION
5.1 The GDPR applies.
5.2 The unauthorized disclosure of our company data, such as documents of any kind, email addresses, telephone numbers, and names of our employees, by suppliers to unauthorized third parties will be reported by us immediately. Furthermore, it is prohibited for subsidiaries and parent companies of suppliers to exchange company data without our explicit consent. This constitutes a violation of the GDPR and will be reported immediately. Impersonation of our company name, brands, trademarks, logos, employee names, or similar email addresses is a violation of the GDPR as well as our rights to our name, and will be reported immediately.
6. FEES AND LIABILITY FOR DAMAGES
6.1 The fees / damages are to be paid in Euro (€).
6.2 Damages due to non-performance: Full amount of damages.
6.3 All employees, supervisors, directors / owners are personally and fully liable with their personal assets. Minimum of €250,000 for employees, minimum of €500,000 for supervisors, and minimum of €4,000,000 for owners or directors of the supplier.
6.4 The supplier is liable for damages, and employees are personally and fully liable with their personal assets if they refuse to pay the damages on behalf of the company. The amount of damages is determined according to 6.2. The liability of employees, supervisors, and directors / owners is determined by the fees stated in 6.3.
6.5 Contacting K-Tech Media regarding an illegal claim: €500.00.
6.6 Transmitting an illegal claim: €1,600.00.
6.7 Reminders, collection letters, payment orders, seizures of an illegal claim: minimum of €16,000.00 plus reminder fee up to a maximum of €30,000.00 plus seizure amount.
7. TERMINATION OF THE CONTRACT
7.1 The contract terminates upon receipt of payment by K-Tech Media for individual contracts. The contract terminates with the final installment payment for leasing contracts or subscription contracts. Leasing and subscription contracts that automatically renew end upon termination by K-Tech Media at the end of the respective term.
7.2 The contract terminates with immediate effect upon termination by K-Tech Media for subscription contracts if the supplier fails to fulfill its performance obligations and rectification obligations.
8. CHANGES TO THE TERMS AND CONDITIONS FOR SUPPLIERS
8.1 The K-Tech Media reserves the right to modify the present terms and conditions at any time. The revised terms and conditions shall apply retrospectively and automatically replace the previous terms and conditions. Suppliers do not have the right to object.
Last change June 2021
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