Germany//

KLIXX GMBH
Friedrichstrasse 41
65185 Wiesbaden
Phone +49 611 9458999 - 0
Fax. +49 611 9458999 - 9

VAT ID: DE266738021
Company Headquarters: Wiesbaden
Legal register: AG Wiesbaden
Register of companies: HRB24247

Spain//

KLIXX Media Service S.L.
ctra. Ibiza - San Antonio Km 7.2
07816 San Rafael - Ibiza
Tel. +34 971 198 215

VAT ID: ESB57218687
Company Headquarters: Ibiza
Legal register: Registro Mercantil de Eivissa 
Register of companies: 4W6762190

KLIXX takes great care to ensure that the information and data contained on its website is accurate and up-to-date. It is, however, excluded from liability for or guarantees of the up-to-date nature, correctness or completeness of the information and data placed at its disposal. In particular, information on prices is provided without guarantee. KLIXX accepts no liability for possible damages or consequences which may result from the direct or indirect use of the contents that have been supplied.

With its decision of May 12, 1998, the Regional Court of Hamburg stated that by linking to outside pages, one can be held responsible for the content of those pages. According to the Regional Court, this can only be hindered by explicitly distancing oneself from this content. KLIXX has placed on its website links to other websites on the Internet. For all these links KLIXX explicitly declares that it bears no influence whatsoever on the arrangement or contents of the websites to which it is linked. It therefore explicitly distances itself from all contents on all linked web pages on its website and does not adopt the contents as its own. This declaration applies to all the links shown on the home page of KLIXX; therefore, KLIXX accepts no liability or responsibility whatsoever!

The contents of the KLIXX website are copyright protected. All rights reserved. The reproduction of information or data, in particular, the use of texts, excerpts or photographic material is only allowed with acknowledgement of the source or by previous agreement on behalf of KLIXX.

CONTRACTOR’S GENERAL TERMS AND CONDITIONS:

These general terms and conditions are placed by

KLIXX Media Service S.L., based at Ctra. Ibiza - San Antonio Km 7.2, 07816 San Rafael – Ibiza, Spain, VAT ID No.: ESB57218687

as well as by KLIXX GmbH, Friedrichstr. 41, 65185 Wiesbaden, Germany, VAT ID No.: DE266738021

Hereafter referred to as: the contractor

and are directed at the client.

Any deviation from these conditions must be agreed in writing. Any deviations from the general contractual terms and conditions of the client are non-binding, in so far as the contractor does not acknowledge them in writing or they do not favour the contractor with respect to his own contractual conditions.

§ 1 Service

The contractor commits himself to provide the service which he has agreed with the client in writing. The contractor reserves the right to provide this service according to the special business conditions he has placed. These general contractual conditions as well as– as far as they exist–the special business conditions form part of the contract between the contractor and the client.

§ 2 Offer, contract, modification and withdrawal

The contractor‘s offers are revocable at all times, as long as they have not already been accepted by the client. Offers that have not been accepted in writing within the time frame of six months after receipt by the client will lose their validity. Verbal contracts and offers from the contractor should be confirmed in writing. In the event of doubt, solely the written offer or written contract is decisive.

In the event that one of the two parties would like to modify, shorten or extend the contract, a new written contract must be agreed. From that moment on the previous contract, at least with respect to the altered contents of the contract, is deemed to be rescinded. In any case, the contractor reserves the right to charge in full for the service provided up until the moment that the new contract is concluded or, respectively, to settle this claim for remuneration with the new contract. This also applies to expenses of contracts with third parties that are not cancellable.

In the case of entitled withdrawal, the contractor will receive flat-rate damages according to the state of progress. For contracts that have still not commenced the contractor receives 10%. Already commenced contracts will be settled on a percentual basis relative to the state of progress (Ex.: 30% completed = 30% of the value of the contract). Expenses for contracts with third parties that have already been given and are not cancellable must be borne in full by the client. The client retains the right to prove lesser damages. Should the client withdraw from the contract after the period of seven days has elapsed, despite not being entitled to do so according to the legal conditions, he is obliged to refund the contractor the value of the contract in full regardless of the state of progress of the work. In the event that one of the two parties should be in breach of contract, the other party may set a period of 15 days for there to be resumption in the fulfillment of the contract. After this period of grace has elapsed without result, the injured party may declare the immediate rescission of the contract. In the event of the contract’s rescission by the contractor the latter may demand the compensation agreed in full from the client. In the event of the contract’s rescission by the client the service provided by the contractor will be settled according to the state of progress, and according to the regulation in § 2, paragraph 3.

§ 3 The client’s duties of cooperation and place of performance

The materials and documents to be produced at the place of performance and required for the execution of the contract are borne at the client’s own expense and own responsibility. The place of performance is the venue of the contractor.

The documents which belong to the contract become the property of the client on termination of the contract. After completion of the contract the contractor will return these documents to the client at the client’s expense. The contractor is entitled to prepare and retain copies of these documents.

Documents placed at the client’s disposal also come under this exclusive responsibility regarding third parties. The client hereby exempts the contractor from whatsoever liability which could arise from dealings with or the property of the client. Any possible additional costs for the contractor’s legal defence will be borne in full by the client.

Should the documents placed at the contractor’s disposal by the client give the impression of being likely to contravene the law or public morality, the contractor retains the right not to use them and to report these facts, where appropriate, to the relevant law enforcement authorities.

The contractor is obliged to respect the data protection regulations currently applicable.

§ 4 Dates and deadlines

The dates and deadlines provided in the contract are only binding if it is exclusively agreed that they are to be so.

In so far as the client’s collaboration is required for the achievement of the contractual service, date arrangements and deadlines, even if they have were agreed to be binding, are only binding if the client’s collaboration corresponds to the agreed time plan.

The contractor retains the right to modify the agreed deadlines, where appropriate, without this being construed as modification of the contract.

§ 5 Acceptance

Acceptance of the contractor’s services is generally given once the client has given his unequivocal approval of his services. Should the client not register a written notice of defects within three days of receipt of the services, the services will be deemed to be accepted.

§ 6 Liability and guarantee of the contractor

The guarantee deadline against defects extends for 2 years from completion of the service. The contractor has the basic right to carry out amendments. Not until the amendments have failed twice within the appropriate time frame is the client entitled to the legal guarantees.

The contractor is obliged to remedy defects, on being notified thereof, during the performance of his services within an appropriate time frame. Defects that exist on acceptance of the services or which are not acknowledged on acceptance will be remedied within an appropriate time frame on request by the client.

The contractor will present the client with the setting copies for final inspection before he places a print order. Should defects in the setting copies which have been accepted by the client become apparent in the process of printing, the contractor is not liable therefore and, in particular, the client is not covered by the claims of the guarantee.

Liability will be excluded for any consequential damages which arise from defects in the contractor’s services if the client has unequivocally accepted the services.

The contractor is not liable for any of the documents placed at his disposal.

In any event the contractor’s liability is limited to the amount of compensation pertaining to the service provided by him. External costs incurred by the client remain unaffected.

§ 7 Remuneration and payment

Depending on the order, the contractor is KliXX Media Service S.L. or KLiXX GmbH. Invoicing and final payment is made through the respective contractor. The prices supplied there are net prices. They are to be increased according to the respective, currently applicable rate of VAT.

In compliance with the current legislation the contractor retains the right to settle the invoice for the work provided by electronic means having regard to the legally prescribed obligations.

The contractor retains the right to demand a down payment to the amount of 50% for his services. The remaining 50% will then be due immediately after acceptance of the contracted services via invoice through the contractor within the time frame for payment set down in the invoice. The contractor retains the right to demand down payments already during performance of the contract.

Different methods of payment are to be agreed in writing; alternatively, the payment methods which are reproduced in the accounts of the contractor are to be used. In the event that payments do not take place in due time, the client is liable for interest for late payment to the sum of 10 %. The contractor is entitled to charge expenses to the sum of 10 Euro for each overdue notice.

§ 8 Transference of claims, assistants, offsets and retentions

The contractor is entitled to transfer claims from this contract to third parties without agreement on behalf of the client. The client is not entitled to transfer the claim to the contracted service provided by the contractor. This ban also stretches to third parties that represent subsidiaries, shareholders, affiliated companies or partners of the client.

The contractor may use third parties in the fulfillment of his contractual duties. The client may only set claims off against the contractor if his claim against the contractor has been acknowledged or legally established. Rights of retention by the client are only valid in so far as the former ensue from the same contractual relationship. The contractor retains the right to exercise rights of retention if the client does not pay the remuneration agreed within the prescribed period.

§ 9 Copyright

Where the contractor’s copyright-protected services are concerned, the contractor transfers rights of use to the client only in so far as it is absolutely necessary for the performance of his contractual duties. Visualisation of the "Made by KLIXX.MEDIA" logos and its link to "http://www.klixx.com" is a fundamental part of every contract for web design. On acceptance of these terms and conditions, the client agrees explicitly to this regulation. Should the client not wish to use the visualisation, the contractor is entitled to charge an additional fee on top of the fixed price.

§ 10 Final provisions, severability clause and applicable law

Should individual clauses of these general terms and conditions prove to be unworkable or void, the remaining clauses thereof are not affected. For void or unworkable clauses the legal provisions or – in their absence – the corresponding workable clauses which succeed the unworkable or void clauses in their regulatory content come into effect.

On termination of the contract with KLiXX Media Service, S.L. the place of jurisdiction is exclusively Ibiza. Spanish law will apply.

On termination of the contract with KLiXX GmbH the place of jurisdiction is Wiesbaden. German law will apply.

Alterations and extensions to the general contractual conditions and to the contract must be made in writing. This applies equally to the waiver of the requirement of the written form.

The contractual conditions always apply in the current version.
Status October 2010