Terms and Conditions • Mediabooster
Our Terms and Conditions
Our Terms and Conditions. Updated 11 January 2023.
1.
If there are any conflicts between the content of service-specific terms and conditions and the general terms and conditions, the service-specific terms and conditions shall take precedence over the general terms and conditions.
2.
If there are any conflicts between the content of the contract and the terms and conditions in the service-specific terms and conditions, the contract shall take precedence over the service-specific terms and conditions.
3.
A condition of the agreement is that the Supplier considers the Customer to be creditworthy. The invoicing terms will be determined on the basis of the Supplier’s credit assessment of the Customer, and the Supplier may require the Customer to provide security for proper payment.
4.
In the event of a delay in payment or the conclusion of an instalment agreement, interest shall accrue in accordance with the Late Payment Act, etc.
5.
General right of withdrawal for business contracts: In the event of cancellation or termination after a signed agreement, the Customer undertakes to pay the full purchase price of the contract to the Supplier.
6.
The Customer is responsible for ensuring that the information provided to the Supplier is correct and is responsible for ensuring that all content, profiling via websites, advertisements, keywords, banner adverts, etc. do not contravene applicable laws in the country where the content is stored and/or marketed, or otherwise directly or indirectly infringe upon the rights of third parties.
7.
The Customer holds the copyright, right of use and all intellectual property rights to the content (source codes, designs, profiles, photo/video material) produced under this agreement. We remind you that, upon entering into an agreement for operation and maintenance, the Supplier shall have full access at all times, unless the agreement is terminated.
8.
The Supplier owns and is responsible for the advertising account created for the Customer, and shall follow the guidelines of the third-party advertiser for all campaigns created.
9.
The Customer shall indemnify the Supplier against any claim made against the Supplier arising from the choice of profiling and any claims arising from breaches of applicable licences, legal regulations or infringement of third-party rights.
10.
Under no circumstances shall the Supplier be held liable for consequential or indirect losses incurred by the Customer as a result of errors, delays or defects in the Service. Consequential and indirect losses include, but are not limited to, all financial consequential losses such as: i) losses resulting from lost data, ii) loss of turnover and profit resulting from contracts and/or sales not being concluded, not being fulfilled or otherwise lapsing, iii) loss of use – loss resulting from the Service not being usable as intended; or iv) business interruption – loss resulting from the total or partial cessation of production and/or turnover. The Supplier’s total liability for damages shall in all cases be limited to the amount the Customer has paid to the Supplier for the Service in accordance with the Order Confirmation.
11.
The Supplier uses WP-Engine and A2Hosting (for the provision of web hosting services). By signing this agreement, the Customer accepts WP-Engine’s security and legal terms and conditions, its handling of personal data, and accepts A2Hosting’s terms and conditions.
12.
The Supplier is entitled to provide all or part of the Service via the company and the group of which the company is a part. The Supplier is also entitled to transfer the agreement to an outsourcing partner where necessary, e.g. for the outsourcing of overflow work or technical IT services that cannot be provided by the Supplier.
13.
By entering into this agreement, the customer accepts that the Supplier may store customer information, and accepts that the Supplier may add the customer’s provided email addresses to its newsletters. Upon entering into this agreement, the Supplier is authorised by the Customer to confirm ownership and verify any profiling mentioned in this agreement. Upon entering into this agreement, the Supplier is granted the right to use the customer’s logo on its website and as a reference in its marketing. The customer is responsible for ensuring that all information is kept up to date at all times. Any changes must be sent to the Supplier.
14.
The Customer holds the copyright, right of use and all intellectual property rights to the content (source codes, designs, profiles, photo/video material) produced under this agreement, except in the event of non-payment by the Customer to the Supplier. We remind you that upon entering into an agreement for operation and maintenance, the Supplier shall have full access at all times, unless the agreement is terminated.
15.
The parties are bound by a duty of confidentiality regarding all information and material to which the parties have gained access from the other party in connection with the performance of this agreement. The parties undertake not to disclose the parties’ tariffs, circulars or provisions to other competing companies, or in such a way that competitors may gain knowledge of them. The duty of confidentiality also covers personal data and information concerning third parties that must be regarded as harmful or sensitive for other reasons. Neither during the term of the agreement nor for a minimum of 12 months after the agreement’s termination shall the parties disclose business or professional secrets, or use information to the detriment of either party. The duty of confidentiality applies only to matters or information that are not generally known and which it would be commercially important to keep confidential. ‘Unauthorised persons’ means anyone who has no need to know the information.