GENERAL TERMS AND CONDITIONS


		GENERAL TERMS AND CONDITIONS of Company Internet-Marketing Erwin Jost. GTC 2005 /Version 1.0 from 03.08.2005 These General Terms and Conditions shall apply to any and all services provided by Internet-Marketing Erwin Jost (in short: IMEJ) to its contractual partners (in short: CP) , even if no specific reference is made hereto. The German original version is valid, other versions are merely informative. Modifications to the General Terms and Conditions can be made at any time by IMEJ , which are also applied for existing contractual relationships. The current version is available at the IMEJ website. A modification of the General Terms and Conditions is only allowed if it is reasonable towards the consumer, especially because it is marginal and factually justifiable. The consumer has the right to object to the modification of the General Terms and Conditions within 4 weeks from the information about the modification; otherwise the modified General Terms and Conditions are considered accepted. IMEJ will inform the consumer about his right of objection as well as the definite legal consequences of the refrained objection. 1. CONDITIONS FOR REGISTRATION 1.1 Order for advertising Order for advertising in the sense of the following General Terms and Conditions is the contract over the circuit of a means of publicity or several means of publicity in information and communication services, in particular the Internet, for the purpose of the spreading. Contracting parties of an order for advertising are IMEJ and the CP. To the order for advertising excluding the General Terms and Conditions as well as the valid in each case price list of IMEJ, which forms substantial part of contract, apply. The validity of any general trading conditions of the CP or other advertisers is expressly impossible, as far as they do not agree with these general trading conditions. 1.2 Data Processing All data specified in the application form or resulting from the ensuing business relationship shall be processed by IMEJ for administrative and invoicing purposes. The CP expressly agrees to the publication of the name, his address, as well as the name and address of other contacts named by him, on the internet, especially in the IMEJ database. Regarding other contact persons, the applicant declares that he has their agreement and that he will indemnify and hold IMEJ harmless from and against any claims concerning this matter. 1.3 General Requirements and Conditions With regard to publications IMEJ acts in good faith, relying on the legality of the claim. The applicant declares that he complies with the relevant legal regulations and, in particular, not to infringe other parties rights to signs and rights under the law of competition (right to a name, trade mark right, unfair competition, etc.). IMEJ will not carry out an examination concerning the publications applied for, but reserves the right to deny applications in case of a blatant infringement of a right or in case of an unauthorized use of IMEJ 's services. The CP commits himself to indemnify and hold, IMEJ harmless from any claims of third parties whose rights have been infringed upon, if such an infringement results from the On-Line Advertisement applied for by the CP . The CP commits itself. IMEJ in the case of the demand through in its rights hurt third harming and complainless to keep, if the law breaking is to due requested publications to those from the CP No additional rights may be inferred from the Publication of the advertisement by IMEJ No protective effects in favour of third parties shall be derived from the contractual relationship with IMEJ . 2. ADMINISTRATION PROCESS 2.1 Application for Circuit of an On-Line Advertisement Applications can be submitted via electronic application form to IMEJ . An application is not considered filed until IMEJ receives it without any errors regarding form and content IMEJ cannot be held liable by third parties regarding the Not-Publication made on the basis of an application containing errors. 2.2 Registration of a Circuit of an On-Line Advertisement The Application for circuit of an on-line advertisement or the modification of entries can be made directly by the CP. For this a on-line Login with password and nickname serves. 2.3 Circuit of an On-Line Advertisement After a valid request was placed, the automatic on-line invoice creation takes place. IMEJ reserves itself expressly to only accomplish de-energising after receipt of payment. The CP commits itself to examine and if necessary correction after de-energising the on-line advertisement the correctness of the indicated data immediately. 2.4 Invoice The person or organisation specified in the application "Your payment completion" form shall be the invoice recipient. Invoices can be usually printed by the CP on-line. The CP is liable for the payment of the on-line advertisement. Interest on late payments are based upon the original due date, even if the invoice cannot be delivered to the CP or he doesn't pay, which results in the re-delivery to the. CP . The amount of the invoice shall be settled free of costs for IMEJ . 2.5 Prices and Due Date The current prices are published at www.iberia-holiday.info/publicity list. The on-line advertisement fee shall be due not later than 14 days from the date of the invoice. The following yearlyrepaid there is due the CP a invoice on-line is set at the latest at the key date. These regulations apply if nothing different one were expressly agreed upon. As key date is valid the date of the agreed runtime. The subsequent annual fees shall be due on the on-line advertisement's key date at the latest. These regulations are valid unless otherwise expressly declared. In case of price increases or changes regarding the due date, the CP is entitled to cancel the on-line advertisement, subject to a cancellation term of 4 weeks, by the key date at which the increased fee is first due or the new due date will be applied. If due invoices have not been completely settled, IMEJ is entitled to revoke the on-line advertisement. In addition to claiming the general fees, IMEJ is entitled to claim any dunning charges actually incurred and necessary for properly enforcing its rights as well as interest and transfer charges. Disregarding any other payment dedication, incoming payments shall first be credited to costs and interest, then to the earliest claim outstanding for the on-line advertisement. The annual fee shall only be deemed to have been paid in a legally effective manner when all arrears are covered. Offsetting against claims outstanding against IMEJ and the retention of payments because of alleged defects not honoured by. IMEJ is not permitted. 2.6 Notice of Changes All modifications of application-related data shall be promptly notified to IMEJ and implemented by means of a new, fully completed electronic application. In case of modifications, IMEJ may request a confirmation in writing or by telefax from the CP . The CP shall be liable for the correctness of the data submitted by him. Notifications by IMEJ , especially invoices and other information as well as relevant information concerning the contract, shall be deemed to be delivered as soon as they have been sent to the contact address which has been specified last. 2.7 Contract Period and Cancellation The contract shall be deemed to be placed with the acceptance by IMEJ in the form of the on-line advertisement. The contract is placed for an indefinite time. The on-line advertisement can be cancelled at any time, but not later than four weeks before the beginning of the next service period (key date) on the CP �s request in writing or by telefax (using the forms supplied by IMEJ ). Outstanding claims that were due at the date of cancellation remain active. A requirement on reimbursement not exhausted payment does not exist. Between request and the circuit of an on-line advertisement more if than 7 days passed, the CP has a right to resignation of the contract opposite IMEJ within 7 working-days (without Saturday). 2.8 Revocation of a Circuit of an On-Line Advertisement The circuit of an on-line advertisement can be revoked by IMEJ in special cases, especially under the following conditions: a) in case of problems with this on-line advertisement (e.g. illegally, contents of perversion, contents of right-wing extremist etc.), in spite of requests to remove this condition, b) non-payment of outstanding fees (including past service periods, even if the current service period has been paid) or other outstanding claims, because of insufficient data of the CP ( see 2.1), c) in case of a legally effective decision by a court or the arbitration board as well as upon official order. Outstanding claims of IMEJ , that have been due at the date of the revocation, remain active. 3. LIABILITY AND MISCELLANEOUS 3.1 Limitation on Liability IMEJ shall not be liable for damage which is attributable to a slightly negligent conduct of IMEJ or employed persons. IMEJ 's liability for grossly negligent or wilful conduct in any given case is limited to 1 times the amount of the annual fees; the liability for loss of profit, loss of savings etc.. 3.2 Choice of Law and Jurisdiction The contractual relationship between IMEJ and the CP shall be governed by french law. All disputes arising from the contractual relationship shall be settled by the Commercial Court of Amiens. 3.3 Salvatori clause If individual regulations of these General Terms and Conditions are legally effective totally or partly not or their legal force totally or partly lose later, thereby the validity of the general trading conditions is in all other respects not affected. To the place the legal regulations step the ineffective regulation. The same applies, as far as the General Terms and Conditions exhibit possible regulation gaps. State: 03.08.2005 Please click here or use the back-button of your browser to return!

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