GENERAL TERMS AND CONDITIONS!

GENERAL TERMS AND CONDITIONS

for services of the company:

FUTURE SELL TRAI

the business and development company

(FUTURE SELL TRAI is a division of BWF Media Entertainment GbR)

Status: February2021

 

 

FUTURE SELL TRAI

the business and development company

Görmarstrasse 33 / 99974 Mühlhausen

Phone no. +49 (0) 3601 798846

E-Mail: tra@future-sell.de

https://www.future-sell-tra.de/

VAT ID: DE150412896

 

 

 

1. general terms

 

Scope of application

 

The following general terms and conditions apply to all legal transactions of the service company Future Sell - hereinafter referred to as service provider - with its contractual partner - hereinafter referred to as customer.

 

As far as individual contractual regulations exist which deviate from the provisions of these General Terms and Conditions or contradict them, the individual contractual regulations take precedence.

 

 

2 Offer and conclusion of contract

 

2.1 Offers are subject to change and non-binding. A contract between the client and the service provider is only concluded through acceptance by the service provider.

The service provider accepts your order by sending a confirmation by e-mail or implied by providing the service ordered by you.

 

2.2 Deliveries, services and offers are based on these terms and conditions. Additional agreements must be made in writing or text form.

 

2.3 General and special conditions of the client do not become part of the contract, even if the service provider does not expressly contradict them and the contract is nevertheless executed.

2.4 The beginning of the cooperation is determined by the moment when the Client agrees to the Service Provider's offer and the Service Provider has accepted the order according to 2.1. The cooperation is firmly agreed for the agreed period - in each case 12 months - and is extended in each case by a further 12 months, if it is not terminated by one of the two contracting parties with a notice period of six -6- weeks to the end of the term. The termination must be in writing.

 

3 Warranty

 

The legal warranty regulations of the service contract, §§ 611 ff. BGB.

 

 

4. reference naming

 

The client grants the service provider the right to use the TRAI/ SEO optimized website as a reference in the context of advertising. This agreement can be revoked in writing at any time.

 

 

5 Liability

 

5.1 The service provider is liable in cases of intent or gross negligence in accordance with the statutory provisions. The liability for warranties is strict. For slight negligence, the service provider is liable only if an essential contractual obligation (cardinal obligation) is violated or a case of delay or impossibility. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage.

 

6 Exclusivity

 

During the term of the contract in the area of SEO, the Client shall refrain from commissioning other agencies with the same services, unless it is expressly agreed. He also renounces to make bookings himself at the internet services which are subject of the contract.

If the client acts as a sales partner of TRAI Software for the contractor, he undertakes to inform the client he has acquired that he is not the contractor.

that he is not the executing service provider. The client must also inform the customer that the customer he has acquired is also a contractual partner of the software service provider and thus of the software developer of the TRAI KI software used. The General Terms and Conditions must also be complied with if the cooperation with the contractually bound sales partner is terminated.

 

7. duties to cooperate

 

In order to ensure the contractual fulfillment by the service provider, the client(s) and its/their customer(s) undertake to create all technical prerequisites to enable the proper fulfillment of the service by the service provider. The client(s) undertakes to provide in good time, i.e. with sufficient advance notice, the information and content requested in full for the provision of the service.

The client undertakes to use only images/videos and texts that are his/her property/copyright or that he/she has permission to use from the owner. The client undertakes not to make any changes to the web pages to be optimized that could harm the website or the contractor or his partners.

the contractor or his partners. The regulations and guidelines of the search engines are to be kept absolutely. If the client nevertheless makes changes to the website(s) that are not in accordance with our regulations and the regulations and guidelines of the search engines, the contractor assumes no liability for any damage incurred. In this case the contractor is entitled to claim damages.

 

 

8. exemption

 

The service provider checks keywords, images/photos/videos etc. supplied by the client(s) neither in terms of trademark law nor in terms of copyright. The legal responsibility lies exclusively with the client. If claims are made against the service provider by third parties due to trademark and/or copyright infringements, the client shall indemnify the service provider from all legal claims and costs upon first request. This also includes the costs of legal action.

 

 

9. payment term

 

After receipt of the order, the service provider will issue an invoice with VAT shown (for clients from Germany). The invoice amount is due immediately. The service provider shall not start executing the order until the invoice amount has been paid in full and the relevant documents, as described in Section 7. obligations to cooperate, have been submitted to the service provider.

For clients outside the EU, the reverse charge procedure applies.

(UStG §3 Abs 2).

 

 

10 Jurisdiction and Final Provisions

 

 

The business relationship between the parties shall be governed exclusively by German law.

 

In case of any disputes arising from the contractual relationship, if the contracting party is a merchant, a legal entity under public law or a special fund under public law, the action shall be brought before the court having jurisdiction over the registered office of Future Sell TRAI. Future Sell TRAI is also entitled to sue at the head office of the client.

 

Additions and/or amendments to the agreements made, including these General Terms and Conditions, must be made in writing in order to be effective.