Application§ 1 - Orders, deliveries and other services performed by EuroAfricaCentral Network-EzehWeb Design are carried out solely on the basis of these business conditions. EAC-Network/EzehWeb Design does not accept general terms and conditions of the customer in derogation of these business conditions in whole or in part unless they have been expressly confirmed in writing by EACNetwork/Ezehweb Design. These business conditions are also exclusively applicable when EACNetwork/Ezehweb Design has notice of general terms and conditions of the costumer and performs its services without reservations. They are also valid for all future business relationships even if they are not expressly agreed on.§ 2 - EACNetwork/Ezehweb Design is entitled to vary the content of this agreement on the consent of the customer. The customer is to receive a notice of variation at the e-mail address provided by it on registration. The consent to the variation of the agreement is deemed granted unless the customer objects to the variation within four weeks after the receipt of the notice of variation. EACNetwork/Ezehweb Design is obligated to point out to the customer the consequences of a failure to object to the notice of variation. In the event of a timely objection by the customer, EAC-Network/EzehWeb Design is entitled to terminate the agreement from the time when the varied or additional business terms is to become effective.§ 3 - DomainsThe different Top-Level-Domains are administered by several different organisations. Each of these organisations has laid down different conditions for registration and administration of Top-Level-Domains, the associated Sub-Level Domains and approaches to disputes over domains. While Top-Level-Domains are subject of the contract, supplementally the corresponding contracting terms are applicable. As far as .de-Domains are subject of the contract, DENIC-Domain conditions and DENIC-Domain directives are applicable. C. contractual offer, concluding the contract, taking delivery, expiring of the contract, settling of an account.
§ 4 - This agreement comes into force by countersignature of the order of the costumer by EACNetwork/Ezehweb Design or after completing and sending in EACN Ezehweb Design Form or after EACN-Ezehweb has carried out the first service contracted by the customer. Variation of or additions to the contract offer or these general terms and conditions made by the customer are considered as a new offer and must be in written form.§ 5 - If no party requires a formal acceptance or the delivery date requested by a party is not meet due to circumstances caused by the customer, the contractual service of EAC-Network/EzehWeb Design is performed on the use by the customer. Unless otherwise agreed, the minimum period of this agreement is 12 months. On the expiry of minimum period this agreement is automatically extended for an indefinite period. A contractual relationship for an indefinite period may be terminated without cause by either party by a notice of two weeks before the end of the month The minimum period of additional domains is 12 months. Unless the additional domain is terminated by notice given at least 2 weeks before the expiry of the minimum period, the period is extended for a further year until the agreement is timely terminated.§ 6 - The rights of both parties remain unaffected on a notice of termination with cause. Cause exist for EACNetwork/Ezehweb Design when the customer especially– fails to fulfil an obligation under these general terms and condition,– defaults in payment by more than twenty calendar days,– despite notice of a reasonable period, does not alter the interent pages to comply with the stipulated requirements in these general terms and conditions or– breaches the contractual terms or directives. §6b Handover of Accounts & Hosting Payments:Clients with residence in Germany or in Europe, or those who possess a German bank account will receive all domain registration documents on full completion of the payment for the web design of their sites. Clients outside Germany must supply a German bank account for the hosting of their sites in Europe. If this is not possible and EACN sureties or stands for the client by supplying a bank account, then complete handover will only be possible if the client supplies an alternative account. In this case, clients are entitled to receives FTP and Admin login data.
Clients outside Germany must supply a German account for the hosting of their sites in Europe.§ 7 - Copyright Protection:EACNetwork/Ezehweb Design is a protected trade mark. All the EACN/Ezehweb Design created web objects, (web sites, scripts, programmes, graphics templates) remain solely the property of EACN/Ezehweb Design. The Client acquires with full payment, if not otherwise agreed, only use-right for the created web objects. Recreation, alteration in any form, changes, duplication, copying or the use of such materials in other electronic forms or printed publications, especially in other Internet sites without express permission of the EACN/Ezehweb Design is strictly prohibited. Die EACN/Ezehweb by-line or Footer at the base of each website of EACN, is company signature and should not be tampered with.§ 7a - Non-Payment of Bills After Job Execution:On insolvency,despite notice of a reasonable period, EACN-Ezehweb Design is entitled to shut down the customer´s web presence till debts are settled and on reactivation EACN is entitled to invoice the defaulting customer costs for reactivation and the service charges resulting from the delayed payment of EACN-Ezehweb bills.§ 8 - The invoicing is effected in advance with an accounting period of three months. If one party gives notice of termination within the accounting period, a refund is effected of the previously paid amount.VI. EAC-Network/Ezehweb Design is entitled to dispose of the domain of the customer upon termination of contract. On the disposal of the domain at the latest, all rights of the customer arising on registration are cancelled.§ 9 - Domains, Registration of Domain names, Rights of third partiesI. For the obtainment or maintenance of the domain EAC-Network/EzehWeb Design is only acting as an agent in the relationship between the customer and the respective organisation for the awarded domain. EAC-Network/EzehWeb Design has no influence on the grant of the domain. It undertakes no guarantee that the domain applied for by the customer is actually allocated to the customer, or domains are free of third party rights or may be continuously held.§ 10 - The customer guarantees that the domain name ordered by it does not infringe rights of third parties. The customer is to indemnify EAC Networkl/EzehWeb Design, the respective organisation for domain allocation and any other intermediaries related to the registration for the compensation claims of third parties as well as all expenses that are based on the unallowed use of a internet domain by the customer or the approbation by the customer.§ 11 - The customer is obligated to inform EACNetwork/Ezehweb Design Design immediately about a possible loss to its domain.E. Support. A claim for support only exists for technical questions concerning the Joomla Content Management Systems. Support questions may be effected by telephone, VOIP and e-mail.Obligations of customer, contractual penalty clause The customer is to ensure that all data provided by it are complete and correct. EAC-Network/EzehWeb Design is to be informed about changes in the data immediately or at the latest within 14 days. The customer is to exercise due care and diligence in the handling of access data consisting of user name and password to prevent abuse. EAC-Network/EzehWeb Design is to be informed immediately as soon as the customer becomes aware its access data has been accessible to a unauthorised third party.§ 12 - The customer is expressly obligated not to misuse the infrastructure provided by EACNetwork/Ezehweb Design, including without limitation, not to send or allow to be sent e-mails containing advertisements without the expressed consent of the receivers (this applies especially when the relevant e-mails contain large quantities of the same content), and to unauthorised encroachment on third party computer systems or the attempt (hacking, port scanning). EACNetwork/Ezehweb Design is entitled to shut down immediately the domain on the breach by the customer of the above obligations.§ 13 - The customer´s online presence including non-animated banner, e-mail addresses and the subject matter of its online shop may not contravene statutory prohibitions, breach morality or infringe the legal right of third parties (trademark, name, copyright, data privacy rights and so on.) The customer is especially obligated not to provide or allow to be provided pornographic content and services for realisation of profit that have pornographic or erotic content as the subject. The customer may not by its online presence be registered in search engines as far as the customer infringes by the use of passwords on registration morality and the rights of third parties. In each case of a breach of the proceeding obligations undertook by the customer EACNetwork/Ezehweb Design is to receive a contractual penalty amounting to EUR 5,025 (in words: five thousand and twenty-five Euro).§ 14 - EACNetwork/Ezehweb Design is entitled to shut down the domain name if this puts at risk the infrastructure. The customer is obligated to configure its internet page and, if a shop is the subject of the agreement, its internet shop so that a undue load on the servers, including but not limited to, by CGI script, that requires a high computing power or demands an above average working memory is avoided. EAC-Network/EzehWeb Designmay exclude access by the customer or third parties to pages that do not satisfy the above requirements.§ 15 - LiabilityEAC-Network/EzehWeb Design will do all that is necessary to ensure site security but not obligated to check the internet presence of the customer for possible breaches. NEITHER can EACN/Ezehweb Design be liable for Web Attacks, damages caused through virus or hackers intrusion, or any unforeseen site intrusion which out tricks the joomla security measures. EAC-Network/EzehWeb Design is entitled to shut down the domain name on the discovery of such incidents and take necessary measures. The same applies for breaches or contents that are not allowed as above mentioned. EAC-Network/Ezehweb Design is not be liable for damages caused by relocating the server of the customer; this applies also when the relocation is carried out by EACNetwork/Ezehweb Design. The customer is obligated to indemnify EAC-Network/EzehWeb Design from all possible third party claims caused by illegal acts of the customer or mistakes in the content of the information provided by it. This applies especially to infringement of copyright, data privacy and competition law.§ 16 - EACNetwork/Ezehweb Design is liable for damages caused intentionally or by gross negligence to a maximum value of contract value. Liability for personal injury and legal requirements remain unaffected. Liability for all other damage especially indirect or consequential damages and loss of profits is generally excluded. When a preloaded Joomla Paket is the subject of the contract, an error free operation cannot be guaranteed because of the open-source-character of the software. In the event that EAC-Network/EzehWeb Design undertakes interference to the packet together with database on the request of the customer, it is at the risk of the customer. EAC-Network/EzehWeb Design is not liable for any possible damage.§ 17 - Variation of agreementAny alterations of, additions to or cancellations in whole or in part of the agreement are to be given in writing as well as the alteration or cancellation of the requirement to be in writing.
§ 18 - Data protection / DisclaimerEACNetwork/Ezehweb Design saves all data of the client in electronic format for the duration of the agreement as this is necessary for the fulfilment of the agreement especially accounting purposes. EACNetwork/Ezehweb Design to provide the customer on request at any time complete and free-of-charge information on the status of the saved data insofar as it concerns the customer. EAC-Network/EzehWeb Design may not transmit either the data or the contents of private messages of the customer without its consent to third parties. This applies insofar as EACNetwork/Ezehweb Design is not obligated to disclose such date to third parties especially public regulators, or as far as internationally known technical standards envisages this and the customer does not object. Despite careful control of contents, EAC-Network/Ezehweb Design assumes no liability for the contents of external links. The operators of these linked pages are exclusively liable for the contents.§ 19 – EAC-Network/Ezehweb Design gives express notice to the customer that the protection of data for data transmissions in open networks as the internet may not be completely guaranteed according the the current state-of-the-art. The customer acknowledges that the provider may see from a technical perspective at any time the pages saved on the web server and under the circumstances other data of the customer found there. Further other users on the internet have the technical ability under the circumstances to breach network security and control the communication. For the security of the data transmitted over the internet and saved on web pages of the customer, the customer carries the entire risk.§ 20 - Applicable law and jurisdictionThe exclusive venue for all disputes under this agreement is Hamburg. This also applies when the customer is a trader, legal entity under public law or separate estate, or has no domestic address for service. Furthermore EAC-Network/Ezehweb Design is entitled to institute proceedings against the customer in the jurisdiction of the customer.§ 21 - For all agreements made on the basis of these general terms and conditions of and for all claims of any kind whatsoever against EAC-Network/Ezehweb Design, the law of the Federal Republic of Germany is applicable excepting the United Nations Convention On Contracts For The International Sale Of Goods (CISG). The sit of court of Juridiction is Hamburg.
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