1. General scope of application
1.1 The following general terms and conditions are valid for all business relations between the customer and PlagAware. The respective version, valid at the date of conclusion of the contract will be applied.
1.2. Deviant, conflicting or additional general terms and conditions of the customer are not integral part of the contract, even if we had been informed about these terms and conditions.
Conclusion of Contract
2.1 Our offers are subject to change and non-binding. Technical as well as other features are subject to change within reason.
2.2. With ordering the customer bindingly declares his contract offer. We will immediately confirm the receipt of the customer's order. The confirmation of receipt does not present a binding acceptance of the order. The confirmation of receipt can be connected with the acceptance of the order.
2.3. We are entitled to accept a contract offer included in the order within 5 working days after the receipt. We also reserve the right to decline the order, e.g. after an appraisal of the customer's creditworthiness.
2.4. Revocation right
Revocation right: You have the right to revoke your contractual statement without giving reasons within 2 weeks. (e.g. per letter, fax or e-mail) The deadline begins with the receipt of this instruction in writing, however, not before the contract conclusion and not before the fulfilment of our obligations according to $312c, chapter 2 of German Civil Code (BGB) in connection with $ 1, chapter 1, 2 and 4 of German Civil Code Information Obligation Law (BGB-InfoV), as well as our obligations according to $ 312, chapter 1, clause 1 of BGB in connection with 3 BGB-InfoV. The revocation period shall be deemed observed, if the notice of revocation is given within this period. The revocation notice has to be addressed to: sitelift internet services D. Malthan, Ruläderweg 14, 89075 Ulm.
Revocation consequences: In the event of a valid revocation each party shall return the received services; the compensation for capitalised use (e.g. interest) shall be reimbursed. In the event that you are unable to reimburse all or part of the received service or only i a declined condition, you are obliged to compensate us for the loss of value. You have to fulfil your obligations of execution of payments within 30 days. The deadline for you begins with the sending of your revocation declaration; for us it starts with our receipt of the same.
Your revocation right will expire prior to maturity, if both parties have completely fulfilled the contract upon your explicit request before you exercised your revocation right.
End of revocation right
The aforementioned revocation right is not valid, in case the transaction can be assigned to your industrial or occupational activity and/or if you have concluded the contract in a retail shop.
3. Terms of payment
3.1 The effective prices at the date of ordering, which at any time can be viewed at http://www.plagaware.de/informationen/preise are valid.
3.2 The charges for using the suscription versions LIGHT, STANDARD and PREMIUM are payable in advance for the corresponding contract time of six months. Payments by the customer have to be effected by bank transfer or by other payment method, which we offer.
3.3 Usage-dependent charges are payable in advance by purchasing ScanCredits. ScanCredits are not transferable and cannot be reimbursed. The revocation right according to figure 2.4 remains explicitly unaffected.
3.4 We supply an electronic invoice for every payment transaction in the customer service area. Electronic invoicing is free of charge. On demand we send the invoice by post to the address, stored in our database.
3.6. We can change the prices for the next contract time within a reasonable notification time of minimum one month. If the customer does not exclude this change within a reasonable time-limit, set by us, the change is deemed to be accepted. In the notification of change we will point out, that the change will take effect, if the customer does not exclude.
3.6. We can temporarily disable all our offered services, if the customer is in default of payment.
3.7. In the event that the customer is in default of payment with an amount corresponding to a one month's fee in a period of more than two months, we are entitled to terminate the contract for cause without observance of a time limit. An important reason for the contract termination without notice especially exists, if insolvency proceedings are applied for or opened against the customer's assets or if insolvency proceedings are refused due to lack of sufficient assets.
4. Usage of the provided services
4.1. The customer obliges himself, not to use the provided services in a manner, which put at risk the internet security, infringe a right of third party or otherwise violates existing law.
4.2. We are not obliged to verify that the provided services are used correctly and conforming to law. However, if we are informed about usage, which is improper or not conforming to law, we are entitled to block the user's account without observance of a time limit and to delete the data related to the respective user account.
4.3. The services we provide especially can be used to create copies of websites and to store these as a new website or as a file. This can be made by creating screenshots and/or automatic reading of texts of a website, respectively a file, which is stored in the internet. The customer obliges himself to use these functions in accordance with the respectively effective legal situation. Especially making copies of protected contents without the relevant right of use or legal exception (e.g. the right to make private copies) is not permissible.
4.4. The automatic observation of websites for potential plagiarisms is exclusively permissible for websites and contents, for which the customer has the corresponding right of use. The deliberate manipulation of the respective protection mechanisms of PlagAware (e.g. authentification of the domain) is not permissible.
4.5. We assume no liability, that a website or a file, which is indicated as a potential plagiarism, in fact copies contents from a website, observed by the customer, in an acceptable or not acceptable extent. The potential plagiarisms, identified by PlagAware only represent advises for eventually copied contents of observed contents. The verification, to what extent a found website effectively uses contents of the observed web pages, has to be executed by the customer.
5. Data protection and data integrity
5.1 We would like to point out, that within the execution of the contract we will store personal data.
5.2 It is indicated, that the data protection cannot be guaranteed in open networks like the internet with the current state of the art. Other users eventually might have the technical possibilities, to influence the network security in an illegal way and to control the message traffic. The customer has to accept this risk.
5.3 The customer receives a user identification and a password for the administration of his account. He is obliged to treat it confidential and is liable for any misuse, which results from an illegal usage of his password. If the customer receives the information, that an unauthorised third person knows the password, he has to inform us immediately about it. The customer will be liable for the user fee and compensation, if third party should use any services of us by misuse of the passwords as a result of the customer's default.
6. Published contents
6.1 In sub-domains of our internet presence, like forums, the web directory or in comments, the customer can publish his own contents on the web pages, operated by us.
6.2.The customer is obliged, to indicate the contents, which he posts on the internet as his or third-party contents. Further obligations may occur by the regulations of the telecommunication law. The customer obliges himself to verify and respect such regulations.
6.3. The customer obliges himself, not to publish any contents, which infringe third party rights, or otherwise violate existing law. Publishing of erotic, pornographic or immoral contents is impermissible. We are entitled to deny the user's access in case of a violation. The same applies if the customer publishes contents, which can be used to offend someone's honour or to insult or to revile persons or groups of persons. It also applies if a legal claim in fact does not exist.
6.4. We are not obliged to check our customers' contents.
7.1 We assume no liability for direct damages, secondary damages or loss of profit by technical problems or failure within the internet, which are not in our sphere of influence.
7.2 We assume no liability against businesses in case of slightly negligent infringement of circumstantial contract obligations. This limitation does not apply in case of injury of life, body and/or health and in case of liability related to the product liability act.
7.3. We assume liability for indirect damages and secondary damages as well as loss of profit against businesses only in case of intention or gross negligence. In such a case our liability is limited to the damage foreseeable and typical for this type of contract.
7.4. If the customer breaches the obligations, named in figure 6 with the content of his internet pages, especially if he infringes existing law or the morality, he shall be liable towards us for compensation of all resulting direct and indirect damages including financial losses.
7.5. Furthermore the customer obliges himself to indemnify us from all claims of third party, no matter which type, as a result of the unlawfulness of the content, which he posts on the internet according to figure 6 or as a result of the illegal or improper use of the services provided by us. The indemnification also includes the obligation to indemnify us completely from all legal expenses (e.g. court fees and lawyer's fees).
7.6. The customer is informed, that Crawling of observed domains on request of the customer may result in considerable transfer volume. We assume no liability for damages resulting from the transgression of eventual traffic limits.
7.7 The identification of copied texts in the internet is a stochastic process. Its quality is influenced by technical edge conditions. The customer shall verify the results of the provided service. We assume no liability that the results of the provided services are correct and complete. Also we assume no liability for damages which result from the use of the results of our service without proving them.
8. Impairment of performance
8.1 We exert ourselves as a principle, to execute orders fast and reliable.
8.2 The contract partner cannot claim any compensation, if the execution of an order is or will be impossible due to a circumstance, for which we are not liable. This includes, for example, force majeure, strike or legal regulations.
8.3 In case of delay in the execution of an order, the execution will be made up for as far as possible. If made within a reasonable and appropriate time our claim for remuneration continues to be valid.
8.4. In case of a substantial delay in the execution of an order the contract partner will be informed.
9. Contract duration, Termination
9.1. If not regulated otherwise in the curent offer, the contract will be automatically prolonged by the respective minimum contract duration time / first contract duration time, as far as none of the parties cancels the contract within one month before the respective termination.
9.2. Contract cancellation has to be made in writing. The contract also can be cancelled in the protected user service area.
10. Copyright and Trademark Law
We aim to respect the Copyright of the used images, graphics, audio documents, video sequences and texts in all publications, to use images, graphics, audio documents, video sequences and texts, created by ourselves or to use public domain images, graphics, audio documents, video sequences and texts. All brands and trademarks, which are mentioned in the internet presence and which are eventually protected by third party, are with no limit subject to the respective Trademark Law and to the registered proprietor's right of ownership. The pure mentioning may not result in drawing the conclusion, that they are not protected by third party rights.
The Copyright of published pages, created by us, remains at the author of the pages. Copying or using of such graphics, audio documents, video sequences and texts in other electronic media or printed publications is not permitted without our explicit agreement.
11. Jurisdiction, applicable law
The exclusive place of jurisdiction for all disputes which arise from or in connection with this contract shall be Ulm, as far as the customer is a qualified merchant, a body corporate organised under public law or a special fund under public law. All claims of any kind, which arise from or in connection with this contract, shall be governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).