General Conditions of Business
Edition 2001-2008(1) Area of application
The General Business Conditions apply to all business connections between the customer and the Mediaup Crossmedia, represented by Gianfranco Murgia.
Alterations of these business conditions must be announced in writing to the customer. They are to be considered approved, if the customer does not contradict in writing. The customer has to send the contradiction to Mediaup Crossmedia within six weeks after the announcement of the alterations.
(3) Transmitted commissions
If a commission with regard to the contents is typically performed in this manner, Mediaup Crossmedia commissions a third party with the further execution, Mediaup Crossmedia carries out the commission through the fact that Mediaup Crossmedia transmits in it‘s own name to the third party. In these cases, the liability of Mediaup Crossmedia is limited to the careful choice and instruction of the third party.
Our offers are non binding. The current pricelist and the prices named in the individual offer are valid.
(5) Creation of a Contract
A contract with Mediaup Crossmedia comes about through the transmission of the signed customer-commission by fax, electronically post or sending and the confirmation of the commission by Mediaup Crossmedia.
The customer exempts Mediaup Crossmedia from all claims of third with regard to the supplied data. In case of loss of data, Mediaup Crossmedia will not be held liable and the customer agrees to the repeated transmission the data, free of charge.
The party to a contract agrees that in the framework of the stroked contract data about his person are saved, changed and/ or cancelled, and in the frame of necessity, transmitted to third party. This is especially valid for the transmission of data, which are necessary for the announcement or change of a domain.
(8) Prices and payments
The placement of the account ensues in advance according to the actual price-list and the prices named in the individual offer. All accounts are due immediately and without deduction. After the receipt of the amount invoiced at Mediaup Crossmedia and the presentation of the necessary data of the customer, Mediaup Crossmedia renders the services, which were contractually arranged. If the customer is imminent with the due payment, Mediaup Crossmedia reserves the right not to render the further services and to transmit the costs, which are made by this fact until the due accounts are not paid. Objections to incorrectness or incompleteness of a balancing of accounts must be raised within six weeks after the entrance. If the customer raises the objections in writing he will do so within a in six-week grace period. The omission of an objection in time considers as authorization.
The customer is obligated to assume full legal responsibility with regard to copyright, youth protection, press rights and individual property rights. For the publication, commissioned by the customer, are only texts and pictures allowed to be published or placed at disposal for publishing, for which the customer has the rights and where the necessary agreement of shown persons is submitted. The copyright for all works done by Mediaup Crossmedia remains at Mediaup Crossmedia.
(10) Authoritative justice and Court of Jurisdiction
German law applies. For the business connections between the customer and the Mediaup Crossmedia the German justice is valid.
The agreement for the place of jurisdiction is valid likewise for German and foreign customers.
The supplementary place of jurisdiction for all services is the competent court.
(11) Final Provisions
Deviations of these conditions are only valid if they are contracted by writing. The legal successors of the customers of Mediaup Crossmedia are bound to the commitments of the contracts, which were agreed upon on the basis of these business conditions. If a portion of these conditions is determined to be invalid, this shall not affect the validity of the remaining portions. The invalid portions are to be replaced by valid ones, which is the closest to the economic aim of the concerned passage (Salvatorian Clause).