Terms & Conditions
This Agreement is by and between Fivestar Solution 24, its Clients their heirs, assigns, agents and contractors and Users of Fivestar Solution 24’s website and is made effective as of the date of electronic execution. By accessing the Fivestar Solution 24 website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.
1. Scope and general information
1) Subject to individual agreements and arrangements that take precedence over these GTC, the following General Terms and Conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. With the conclusion of the contract, the customer agrees to their validity and inclusion in the contract. Conflicting terms and conditions of the customer expressly do not apply unless the provider expressly agrees to their validity in writing.
2. Conclusion of contract
(1) All offers on the part of Fivestar Solution 24 merely represent a non-binding invitation to the customer to submit a corresponding contract offer to the provider. Only as soon as the provider has received the signed contract from the customer does the optimization activity formulated in the contract begin.
3. Subject of the contract, condition, delivery, availability of goods
1) The subject matter of the contract are the services specified in the optimization contract at the final prices stated in the contract (plus VAT). (2) The exact scope of the services delivered results from the descriptions in the contract. No other descriptions or agreements are valid unless explicitly mentioned in the contract. (3) If the package selected by the customer in the contract offer is temporarily or permanently unavailable, the provider will inform the customer of this in the order confirmation. If a contractually described service is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract, provided that the contract is based on a continuing obligation. The provider is also entitled to a right to a solution if an unforeseeable impediment to performance occurs that cannot be overcome by reasonable expenditure, unless the provider is responsible for this. The provider will immediately reimburse any payments already made by the customer.
4. Retention of title
(1) The provider reserves ownership of any items delivered to the customer until the agreed purchase price has been paid in full. The provider is entitled to take back the item if the customer behaves contrary to the contract. (2) As long as ownership has not yet passed to him, the customer is obliged to treat the item with care. (3) The customer is not entitled to dispose of the item through sale, pledge, loan or in any other way until it has been paid in full. The customer must notify the provider immediately if a third party accesses the item owned by the provider, for example through confiscation, arrest, seizure, exercise of the landlord’s lien or similar measures. (4) Upon payment of the last installment, ownership of the item passes to the customer without further ado.
5. Service provision, prices, other costs
(1) The provision of services for one-off SEO services such as OnSite optimization takes place within 7-14 working days after conclusion of the contract, unless otherwise agreed in the contract. Services in ongoing OnSite optimization contracts are provided monthly within the agreed time frame, as long as the contract is active. (2) All prices stated on the provider’s website are exclusive of the applicable statutory value added tax. (3) In addition to the costs agreed in the contract, additional costs for third-party services (e.g. search engine marketing) may be incurred. The customer will be informed about these in advance and these will be invoiced separately to the customer after his approval. (4) Unless otherwise contractually agreed, the number and type of links to be created for off-site optimization campaigns are determined at the provider’s discretion. The provider’s discretion is based, in particular, on the search engine algorithms that are valid when the order is carried out, the link profile of the customer’s site, and any competitor actions. The provider will inform the customer in good time about the discretionary decision made. (5) The provider is entitled to commission subcontractors in whole or in part to fulfill the order.
6. Payment terms, set-off and right of retention
(1) The customer can make the payment by bank transfer or direct debit. (2) Payment is due immediately after receipt of the invoice. Unless otherwise agreed, the payment term is 10 days net. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case he has to pay the provider default interest in the amount of 5 percentage points above the respective base rate. (3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider. (4) The customer can only offset counterclaims that have been judicially determined, are undisputed or have been recognized in writing by the provider. The customer can only exercise a right of retention if the underlying claims arise from the same contractual relationship.
7. Minimum contract term, termination
(1) The minimum contract term for off-site optimization contracts is 30 calendar days and is automatically extended at the end of the month, unless the contract is terminated in writing (post or email) 7 working days before the end of the month, and provided no deviating individual agreements have been made. (2) The contract can be terminated by the provider in accordance with paragraph 1 at any time at the end of the month without giving reasons. (3) The contract term for the all-inclusive contract is 12 calendar months and the contract can then be extended or terminated after consultation. (4) The all-inclusive contract can be terminated by the customer at any time with a three-month notice period. (5) The right to extraordinary termination for good cause remains unaffected. (6) The termination must be in writing (post or email).
(1) Claims by the customer for damages are excluded. (2) This excludes claims for damages by the customer against the provider, his legal representative, or vicarious agents due to injury to life, body or health. Also excluded are claims for damage to property and financial losses against the provider, his legal representative, or vicarious agents, insofar as an essential contractual obligation has been violated. In this respect, however, the amount of the claim is limited to the damage that was foreseeable and typical for the contract when the contract was concluded. Essential contractual obligations are those whose violation would jeopardize the achievement of the contractual purpose. The provider is also liable for other damage that is based on an intentional or grossly negligent breach of duty by him, his legal representative or vicarious agent. (3) Liability is excluded in particular in the event of disadvantageous changes in search engine placement during the implementation or after completion of the contractually owed services. The placement is determined exclusively by the search engine operators, and for this reason cannot be guaranteed by the provider.
9. Notes on data processing, confidentiality
(1) The provider receives access to customer data as part of the processing of the contracts. He observes the statutory provisions. Without the customer’s consent, the provider will only process or use the customer’s data insofar as this is necessary for the execution of the contractual relationship. (2) As part of off-site optimization contracts, the provider is entitled to use the customer’s brand name, website name and logo on third-party websites in order to increase the popularity of the customer’s website. (3) Without the express consent of the customer, the provider will not use the customer’s data (such as files, access data, or traffic statistics) for purposes of advertising, market or opinion research, or pass them on to third parties. (4) The customer undertakes to keep secret all business and trade secrets, contractual conditions and other information that the provider has an obvious interest in maintaining confidentiality, unless they are generally known. This applies in particular to information that affects search habits or the technical requirements of the search engines, as well as information that relates to the way they work or the correspondence with the provider. This obligation also applies after the contract work has been completed for a further two years. (5) The provider does not check the data provided to him by the customer for any rights of third parties to them. The liability risk in this respect lies exclusively with the customer. The customer hereby releases the provider from all claims by third parties in connection with the transfer of data.
(1) The structure and content of the provider’s website are protected by copyright. The reproduction of information or data, especially the use of parts of the site or images, requires the consent of the provider in text form.
11. Links to other websites
(1) Insofar as reference is made to or linked to third party websites from the provider’s website, no guarantee or liability can be assumed for the correctness or completeness of the content and the data security of these websites. Since the provider has no influence on compliance with data protection regulations by third parties, the customer should check the data protection declarations offered separately.
(1) The law of the Swiss Confederation applies to contracts between the provider and the customer. This choice of law applies to a consumer only insofar as this does not violate any mandatory statutory provisions of the state in which he has his place of residence or habitual residence. The application of the UN sales law is expressly excluded. (2) If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office. (3) The contract remains binding in its remaining parts even if individual points are legally ineffective. (4) We reserve the right to make changes to these terms and conditions. The provider may only make changes if these are reasonable for the customer, taking into account his interests. The provider will notify the customer of any changes. The customer has the right to object to the changes in writing (post or email) within 4 weeks. If the customer does not object in due form or in due time, the changed conditions apply without restriction. The customer will be informed separately by the provider of the possibility of an objection, the form and deadline to be observed, as well as the legal consequence of a non-formal and / or timely objection.
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