>>>This translation is for information purposes only. The legally binding version is the German version.<<<
I. Basic provisions
For legal transactions and legal acts with Trackboxx, Christian Pust, Dorfstr. 12, 22956 Grönwohld (hereinafter referred to as "Host") the following General Terms and Conditions of Business apply. Any terms and conditions of the hirer deviating from these terms and conditions shall not apply. Counter-confirmations of the hirer with reference to his own terms and conditions are expressly contradicted. Deviations from these terms and conditions require written confirmation by the host.
The offer for renting is directed exclusively to businesses. No contracts are agreed upon with consumers.
Our service is aimed exclusively at businesses. We do not do any dealings with consumers.
II. Conclusion of contract, customer account
Contract language is German or English. The complete text of the contract will not be saved by the host. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by the host, the order data, these General Terms and Conditions will be sent to the customer again by e-mail.
With offer of inquiry, which are conveyed e.g. to the landlord, the customer receives all contract data in the context of a binding offer by email, which the customer can print out or electronically save.
The rental offer of the host on the Internet does not represent a binding offer to enter into a rental agreement. Rather, it is to be understood as an invitation to submit a rental offer.
You can submit your rental offer in the following ways: via the online store system of the host.
By sending the order you submit a binding rental offer to the host. If you then receive an automatic e-mail about the receipt of your order, this is not an acceptance of the offer and does not lead to the completion of the contract.
The conclusion of the contract is then effected by a personal confirmation from the host. This can also be in an implied acceptance, such as the activation of the rental software.
If you do not receive a personal confirmation within 7 working days, you are no longer bound to your offer. Any services already rendered will be refunded immediately in this case.
In order to use the software, it is also required to create a customer account.
III. Prices, termination
The prices listed in the offers are net prices.
Die Vertragslaufzeiten verlängern sich automatisch um die entsprechend gewählte Laufzeit (monatlich oder jährlich) und können jederzeit zum Vertragsende gekündigt werden.
If the customer exceeds the pageviews agreed in his package as follows:
- More than 50% in one month, or
- in 2 consecutive months between 1 and 50%, or
- in 3 out of 5 months between 1 and 50%
then the host will offer him an upgrade to a correspondingly appropriately larger package. If the hirer refuses the upgrade, the host shall have a special right of termination with 14 days' notice.
The host also has a regular right of termination with a notice period of 3 months.
The possibility of termination without notice for good cause remains unaffected by the above regulations.
The free tariff is limited to one account per address. The Host is obligated to deactivate additional accounts here.
The "free" tariff applies exclusively to "non-commercial" use.
IV. Terms of payment
All payment terms can be viewed in advance by clicking Pricing here.
Invoices are due for payment immediately.
The host guarantees an availability of the rented software of 98% on annual average.
Die Verfügbarkeit von 98% beinhaltet keine "Free" Tarife.
The host is only liable in the case of gross negligence and intent. Not to be classified as gross negligence are damages caused by computer breakdowns and transmission disturbances with e-mail dispatch or by computer viruses. The hirer shall take precautions against this by using suitable anti-virus software.
Liability in the case of slight negligence shall apply exclusively in the event of breach of primary obligations. In this case, the host´s obligation to pay damages shall be limited to 5,000.00 Euro unless a higher amount is agreed separately and in writing.
VIII. Place of fulfillment and jurisdiction
UN Sales Law is not applicable, and only German law is binding.
Place of fulfillment for all services and place of jurisdiction is the registered office of the host.
These terms and conditions have been created by Christopher Becker .