Terms & Conditions
General Terms and Conditions
1. Contract and scope of services
By signing the present Internet System Contract, the partner company concludes a contract with NSH Spinp Agency for the design, creation, operation and ongoing maintenance of an individual Internet website, as well as for any additional services provided by NSH Spinp Agency (according to the contract). The scope of services is specified in para. II in connection with the service descriptions handed over to the partner company, status at conclusion of contract, which is an integral part of the contract.
2. Credit information
NSH Spinp Agency can obtain credit information from the partner company. The Partner Company hereby expressly agrees to pass on data to the credit information provider accordingly. The received credit report will be treated confidentially.
3. Remuneration / direct debit and debit authorization
For the services of NSH Spinp Agency, the partner company pays the costs under no. II listed one-time connection costs and the monthly fee. The fee due under this contract is payable monthly in advance on the day of the conclusion of the contract and on the same day of the following month. The affiliate acknowledges the related prepayment. If the contract is terminated during a contractual year, repayments will be omitted. The partner company authorizes NSH Spinp Agency to use the direct debit procedure to obtain the fees as far as technically feasible by means of the direct debit procedure. The partner company is not entitled to demand reimbursement of the debited amount after the redemption has been effected. The Affiliate is entitled to instruct its credit institution until the due date not to redeem direct debit mandates. If the defined account does not have the required cover at the time of direct debit, there is no obligation for the bank to redeem it. NSH Spinp Agency is entitled to charge an additional processing fee in this case for non-participation in the direct debit procedure and in the case of return debit notes.
4. Contract duration
Contract start date is the date of signing of the contract by the partner company. The contract is for the under. II defined duration completed. Thereafter, the contract is extended by 12 months, unless a party terminates the contract in writing in advance with the end of the respective current year with a notice period of 6 months.
5. Distortion control
If the partner company refuses to cooperate withNSH Spinp Agency during the initial design of the website (by issuing the necessary web design instructions and by providing the required information on the web content), NSH Spinp Agency can refuse further performance and terminate the contract prematurely by extraordinary and written termination at the end of the first contractual year. In this case, the fees for the first year together with the one-time connection costs according to prov. II owed in any case, must therefore be paid or forfeited if it has already been paid without NSH Spinp Agency is obliged to further benefits. If the partner company defaults in payment of the fee after its website has been actively activated, and does not make the payment within 10 days of being notified, NSH Spinp Agency may terminate the contract extraordinarily and in writing with immediate effect. In this case, the partner company owes 75% of the connection costs and fees still outstanding and payable according to para. II as flat-rate compensation for the premature termination of the contract. The proof of a higher damage remains reserved, in which case the partner company NSH Spinp Agency has to compensate for this higher damage due to premature termination of the contract.
6. Participation of the partner company
The Partner undertakes to inform NSH Spinp Agency immediately in writing of any change in the details of its company, business name, legal form, address or telephone numbers. In addition, the Affiliate agrees to indemnify NSH Spinp Agency for any damages (including reasonable attorney's fees) resulting from the Affiliate's use of the Internet Site sponsored under the Agreement in a manner that is unlawful. In this sense, the affiliate warrants the lawful use of the service of NSH Spinp Agency under the contract and refrain from any unlawful use, in particular by publication or making available of immoral or unlawful content (such as pornographic, offensive, propagandistic, racist or violent content). Youth protection regulations must also be complied with. Illegal mass mailing on the e-mailboxes made available by NSH Spinp Agency is prohibited. Responsibility for all content that is disseminated via the website and e-mail boxes lies with the partner company. NSH Spinp Agency does not take any examination.
NSH Spinp Agency guarantees the professional provision of its services under the contract. NSH Spinp Agency will also endeavor to ensure that the websites and / or e-mail boxes designed and made available under the contract are permanently available and that interruptions in operations are limited to the minimum necessary for maintenance and maintenance work. NSH Spinp Agency then guarantees that the services provided by it are provided without infringing on better rights of third parties, in particular by copyright. In contrast, NSH Spinp Agency does not warrant for the actual design of the website, the choice of domain names, or any commercial results or results. Claims for breach of warranties are limited to rectifications or the granting of usage rights. In no event is NSH Spinp Agency liable for consequential damages.
8. Disclaimer and limitation
NSH Spinp Agency is fully liable for damages caused to the partner company due to intentional or grossly negligent breach of its contractual obligations. Any further liability, in particular liability for indirect damage such as loss of profit or loss of business opportunities is expressly excluded. Subject to mandatory law, the liability of NSH Spinp Agency is in any case limited to the sum of the fees paid when damage occurs. This also applies in particular to the liability of damages caused by assistants and / or vicarious agents of NSH Spinp Agency.
9. Rights to software, web designs and web content
NSH Spinp Agency is entitled to all copyright and other rights to the software and infrastructure used for the design of websites or otherwise for the provision of services under the contract. The affiliate does not acquire any proprietary rights to the software and infrastructure. The copyrights and other rights to webdesign and web content specifically designed on behalf of the customer are transferred to the partner company upon full payment of the fee owed. Previously, these rights remain with NSH Spinp Agency. Subject to payment of the fee, the partner company is entitled to an unrestricted right to use the webdesign and web content created under the contract. In addition, the partner company is entitled to use the services of NSH Spinp Agency otherwise provided under the contract.
10. Final provisions
- The contract fully reproduces the agreement of the parties to the subject matter of the contract. There are no side agreements.
- Changes and additions to the contract must be made in writing.
- The partner company may not offset claims of NSH Spinp Agency under this contract with alleged counterclaims.
- The invalidity or non-binding nature of any provision of this Agreement shall not prevent the validity and enforceability of the remaining provisions and the contract as a whole. Invalid or non-binding provisions shall be replaced by valid and enforceable provisions which come closest to the economic purpose of the provision thus replaced.
- This contract is subject to Kosovar law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
- For disputes other than or in connection with this contract, the parties agree to the exclusive jurisdiction of the Pristina Commercial Court.