Terms

General terms and conditions

Preamble

1 Locaboo offers the following services:

Clause 3 a of the contract: Starter
Clause 3 b of the contract: Standard
Clause 3 c of the contract: Premium
Clause 3 d of the contract: Ultimate
Clause 4 c of the contract: Enterprise

2 Locaboo is entitled to adapt the design within the scope of functionality for the fulfilment of the contractual purpose agreed in clause 1 of the contract.

3 Locaboo guarantees a minimum availability of the online tool of 99% on an annual average.

The Client shall only assume further obligations with regard to the operation of the portal if a separate written agreement has been concluded.

5. unless specifically agreed with the client, Locaboo's services do not include:

  1. The procurement and provision of hardware and software including browsers for entering and cancelling information and data (customer terminal).

  2. The provision and maintenance of telecommunications interconnection lines between the Client's terminal and the Contractor's access facilities for Locaboo.

  3. The content design, review, modification or updating of data and information entered online by customers;

  4. The creation of the client's websites on the Internet, their storage on servers and their availability for retrieval by Internet users;

  5. E- mail correspondence of the client with interested parties and/or customers.

The prerequisites for 1-4 are to be created by the client himself at his own expense and risk.

6. obligations of the principal:

7 Remuneration and terms of payment

8. rights of use and marketing

9. data protection and order processing

10. compliance with statutory provisions, third party property rights, indemnification blocking

The client shall be informed of this without delay within the scope of the statutory permissible provisions.

11. liability

Locaboo shall be liable, irrespective of the legal grounds, only in accordance with the following provisions of this contract:

In these cases, the following applies:

  1. Locaboo is liable for injury to life, body or health and/or for personal injury and/or damage to property under the Product Liability Act in each case in accordance with the statutory provisions.

  2. Locaboo is further liable in accordance with the statutory provisions for its own intentional or even grossly negligent conduct and for corresponding conduct of its vicarious agents.

  3. In the event of fraudulent concealment of a defect or the assumption of a guarantee of quality and/or for damage caused as a result of a slightly negligent breach of material contractual obligations, Locaboo shall be liable in accordance with the statutory provisions, but in the latter case only to the extent of the typically foreseeable damage.

12 Duration of contract, termination

  1. insolvency proceedings are opened against the assets of the Client or the opening is rejected for lack of assets;

  2. The client violates the usage regulations pursuant to clause 9 and/or the obligation to comply with regulations pursuant to clause 10 and does not cease or remedy the violation by written request of Locaboo within 2 weeks from receipt of this request.

The client's rights of use for Locaboo end with the termination of this contract.

13. set-off, right of retention

The Client shall only be entitled to a right of set-off and/or a right of retention if its counterclaims have been legally established or are undisputed or have been acknowledged by Locaboo.

14. additions and amendments

Additions or amendments to this contract must be made in writing.

15. final provision

Should parts of the contract and these contractual provisions be invalid in whole or in part, this shall not result in the invalidity of the rest of the contract. The parties are obliged to find a valid provision in place of the invalid provision that best corresponds to the meaning of the invalid provision.