General Terms and Conditions of MAPSTEPS UG (limited liability)
§ 1 Scope of application, contractual partners
(1) These General Terms and Conditions apply to all business relationships and resulting services between MAPSTEPS UG (limited liability), Managing Director David Vongries, Am Katzenrain 14, 63846 Laufach (hereinafter: Mapsteps) and its customers (hereinafter: customer) in the version that was current at the time of the conclusion of the contract.
(2) These General Terms and Conditions are exclusive and binding. Regulations to the contrary in our client’s General Terms and Conditions or regulations that differ ours shall not apply unless Mapsteps explicitly consented to them in writing. These General Terms and Conditions also apply to all future business with the client.
§ 2 Conclusion of the contract
(1) The offers of Mapsteps shall be non-binding unless expressly agreed otherwise.
(2) By completing an ordering process, the client – in accordance with art 145 ff. BGB – makes an offer to enter into a contract with Mapsteps. The customer receives an order confirmation via email. This order confirmation does by no means constitute an acceptance of the offer and solely serves to inform the client that his order was received by Mapsteps. The customer can abort his binding request anytime by clicking the “back” button in his browser software or by closing the program.
(3) The contract with Mapsteps only comes into effect once Mapsteps accepted this offer by sending out a second email (acknowledgement of order) after having received the order. No contract comes into effect for products within the same order that aren’t listed in the confirmation of order.
(4) The text of the contract isn’t stored by Mapsteps after the conclusion of the contract. The customer can print out the order information directly after having sent in the order. Alternatively he/she can also print out the email order confirmation / acknowledgement of order.
(5) Should the order confirmation / acknowledgement of order contain writing or printing errors, or should transfer errors have occurred during the calculation of the price, Mapsteps has the right to challenge the order contract. Payments that have already been made will be promptly reimbursed to the customer.
§ 3 Modes of payment
The customer may choose to do an advanced payment (transfer) or pay by PayPal. The amount becomes due upon conclusion of the contract.
§ 4 Provision of services, service content
(1) Statements about the expected time of delivery are non-binding as long as Mapsteps hasn’t sent a binding confirmation to the customer in writing.
(2) Mapsteps may – irrespective of any rights arising from a default of the customer – demand an extension of deadlines or a change in the delivery date corresponding to the time period during which the customer doesn’t duly fulfill his or her contractual obligations to Mapsteps. Mapsteps reserves the right to charge any costs incurred due to this to the customer.
(3) In the event of unforeseeable circumstances or circumstances beyond, e.g. war, natural disasters, strikes, and force majeure in relation to Mapsteps or its suppliers that keep Mapsteps from fulfilling its obligation to perform and that couldn’t be prevented through reasonable diligence, the performance deadline is extended by at least the duration of the aforementioned event. Mapsteps shall inform the customer thereof without delay. The contractual rights of the client remain intact.
(4) The scope of service can be seen from the information in Mapstep’s respective product (description).
(5) Definition “unlimitierter storage space”: The provided websites initially have 250mb of storage space to cope with vast data volumes and prevent spam or unauthorized usage by means like building a database for files. Once the storage capacity is exhausted, every customer has the possibility to increase the storage space. MapSteps then increases the storage space by a certain volume.
§ 5 Obligations of the customer
(1) The customer supports Mapsteps to set up / provide the contractual services.
(2) Should any defects occur, the customer is held to document them in a verifiable and understandable way and to promptly report them to Mapsteps in writing, within 10 days max.
(3) The customer is responsible for securing his data with state-of-the-art technique and to protect it against data losses or data theft. Mapsteps isn’t responsible for taking such measures on the systems of its customers and doesn’t do so.
(4) Under no circumstances shall the customer publish pornographic, extremist or otherwise unlawful contents on his or her website.
§ 6 Right of revocation
When the customer is a user, he may revoke the contract as follows:
Right of revocation
You have the right to revoke this contract without giving reasons within 14 days. The revocation deadline is 14 days from the day the contract came into effect.
To use your right of revocation, you must inform us
MAPSTEPS UG (limited liability)
Am Katzenrain 14
Phone 0151 75063187
my means of a clear explanation (f.ex. by letter sent via post mail, by fax or via e-mail) about your decision to revoke this contract. You may use the attached sample revocation form. However, this isn’t mandatory.
To comply with the revocation period, it is sufficient to send us your message about the use of the right of revocation before the revocation period expires.
Consequences of the revocation
If you revoke this contract, we are responsible for promptly and within 14 days at the latest (from the day we received your information that you wanted to revoke the contract) refund to you all of your payments that we received up to that point (with the exception of additional costs that resulted from choosing a type of delivery other than the cheapest standard delivery we offer). For this refund, we use the same mode of payment you used in your initial transaction – except for where expressly agreed on differently. Under no circumstances will you be charged fees related to this refund.
If you requested to start using the services during the revocation period, then you need to pay a reasonable amount that reflects the proportion of the services rendered to you up to the date, on which you inform us of your revocation of the contract compared to the total scope of the services included in the contract.
End of the information about revocation of contracts
§ 7 Warranty
(1) The customer’s right to file warranty is conditional on due fulfillment of his obligation to, in accordance with Art. 377 of the German Commercial Code (HGB), inspect the goods and promptly, and in writing, notify Mapsteps of any detected deficiencies. Defects are to be brought to Mapsteps attention in writing, including a clear, comprehensible description of the errors and, if possible, proven with written or digital records or other materials demonstrating the defects. The notice of defects should allow for a reproduction of the error. To a reasonable extent, the customer has to provide free support to Mapsteps to help localize and rectify defects by, in particular, allowing unrestricted access to their systems and hardware.
(2) Should the customer or any third party commissioned by him make changes to the services rendered by Mapsteps in accordance with the contract, Mapsteps can, in principal, only be held responsible to remedy defects if the customer can prove that the aforementioned change doesn’t have any relation whatsoever to the said defect.
(3) Any liability for defects is excluded in the case of minor deviations from the agreed quality or of only minor deviations from the usability. Any functional impairment of the program resulting from defects of the hardware, conditions in the environment, operating errors or similar reasons doesn’t qualify as a defect. Functional impairments resulting from a non-observance of the appropriate system requirements, particularly from using a program with a hardware, which isn’t conform with Mapsteps’ latest minimum requirements, don’t qualify as defects.
§ 8 Liability
(1) Mapsteps is liable without limitation for damages caused intentionally or as a result of gross negligence, in cases of fraudulent concealment of a defect, if any quality guarantee is assumed, in case of bodily harm or damage to health, as well as for claims under the Product Liability Act.
(2) For other damages caused by simple negligence, Mapsteps solely assumes liability if an obligation is violated, the adherence to which is especially important in order to achieve the purpose of the contract (major obligation) and if the damages due to contractual use are typical and predictable.
(3) These limitations of liability also apply for the case of data losses, data deterioration or data theft. Insofar as the liability for Mapsteps is excluded or limited, this also applies to the personal liability of the employees, representatives and agents of Mapsteps.
(4) The plea of comparative negligence remains open to Mapsteps. The customer shall, in particular, assume responsibility for data protection and fending off malicious software with state-of-the-art technique.
(5) If Mapsteps is ordered to register a domain name for the customer, the company doesn’t assume any liability. Mapsteps is not obliged to check the domain name in question on its legality. Should any third parties make claims against Mapsteps because of the domain registration, the customer is to indemnify the company for resulting costs. The Denic eG respectively other registars do not act as agents for Mapsteps.
(6) Mapsteps doesn’t assume liability for any of the contents on the websites of its customers. In the event that a third party makes claims against Mapsteps, the customer is to indemnify Mapsteps for any claims in the internal or, if possible, also in the external relationship.
§ 9 Contract duration, termination
(1) The contractual relation is valid for the agreed time period and expires automatically.
(2) Mapsteps has the right to cancel the contract relationship without notice if the customer publishes pornografic, extremist or otherwise unlawful contents on hiw or her website.
(3) In order to become effective, the notice of termination needs to be in writing.
(4) The statuory termination rights of the parties remain intact.
(5) If the contract is terminated, the contents of the website are deleted upon expiration of the contract period. It is the customer’s responsibility to back up any important code or data.
§ 10 Final provisions
(1) Place of performance and jurisdiction for all obligations of the contract parties is, if permitted by law, the domicile of Mapsteps.
(2) Any clarifications, agreements, specifications or additions to the contractual relationship between the parties, including any agreement about repelling this requirement of written form, are to be made in writing. The sending of an e-mail is sufficient to fulfill the requirement of the written form.
(3) If single provisions of these Terms and Conditions are deemed to be or become invalid, or if they have a loophole, then the other provisions shall not be affected. The parties undertake to agree, in place of the invalid clause, on a clause permitted by law that comes closest to the economic purpose of the invalid clause by, f.ex., filling the said loophole.