GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
The following words and terms are used to describe the terms and conditions as follows:
1.1 Customer: the natural or legal person who has registered on the Website or in the cmscars tool.
1.2 cmscars: Operator of the cmscars website or CMS Services OG.
1.3 Parties: Refers to the customer and the CMS Services OG.
1.4 Services / Benefits: Image retouching, image indemnity, paths and other graphic services according to Cmscars website or other promotional materials.
1.5 Website: www.cmscars.com
2.1 All relationships and services between cmscars and the customer are exclusively subject to these GTC in the version valid at the time of the conclusion of the contract.
2.2 Visiting the Website, browsing the Website, creating a Customer Account or placing an order implies Customer’s acceptance of these Terms and Conditions. Any conflicting or deviating conditions of the customer are excluded.
2.3 cmscars reserves the right to change these terms and conditions at its sole discretion. Any changes and subsequent obligations on the part of the customer are immediately applicable after publication on the website.
2.4 cmscars will use its best endeavors to ensure that the information on the Website is accurate, but reserves the right to update, update and change the content of the Website at any time. All information on the website is given as it exists and customers should independently verify any information on the website before relying on it.
2.5 If any provision of these Terms and Conditions is deemed invalid, ineffective or unlawful by courts or tribunals, the remaining provisions of these Terms and Conditions shall remain unaffected.
2.6 The customer is not entitled to assign or transfer the claims or obligations within the scope of these general terms and conditions to a third party.
2.7 The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 11 April 1980, BGBl. 1989 II, 588) is not applicable to these General Terms and Conditions.
3.1 In order to become a cmscars customer and to be able to use the cmscars services, it is necessary to register with cmscars.
3.2 The registration takes place under www.cmscars.com. The registration is free. When registering, the customer creates his personal user account with a username and password.
3.3 cmscars reserves the right to reject the registration of individual customers for an important reason. When registering at www.cmscars.com, after submitting the registration form, the customer will receive an email from cmscars asking them to confirm their registration.
4 CMSCARS ACCOUNT
4.1 Upon completion of the registration, the customer will receive their own cmscars account. He is therefore entitled to use and administer cmscars services.
4.2 The customer may terminate his cmscars account at any time by sending cmscars a written notice or e-mail.
4.3 The right to extraordinary termination of the cmscars account for good cause remains reserved to the parties. cmscars can cancel in writing or by e-mail.
5 THE SERVICES
5.1 cmscars will provide the services at the prices stated on the website, if the customer is able to provide the images as a picture file or file with the formats .JPEG, .PNG, or .TIFF at the maximum amount of each 100 MB to be delivered via the cmscars tool.
5.2 In connection with the Services, cmscars reserves the right to automatically delete all images if Customer is unable to provide cmscars with the images in a format pursuant to paragraph 1 of this provision. Furthermore, cmscars reserves the right to refuse images if the images do not meet the quality standards / requirements required for the services.
5.3 At the request of the customer and if necessary for the work, the images are transferred to another image file format. Transferring an image to another image file format may have consequences for, but not limited to, the quality and color of the original image. Therefore, cmscars can not give the customer any assurance as to the result or result of transferring an image to another image format.
5.4 If the Customer does not impose any special requirements regarding the Services, the Services will be provided in accordance with the usual standard method.
5.5 In addition to the standard method according to 5.4, the customer may request additional services.
5.6 The customer has the opportunity to obtain a non-binding offer with the help of the cmscars tool and 14 days to accept it.
5.7 The customer has the possibility to inform himself personal user account about the current status of his sent orders and to download the pictures in case of a completed order.
5.8 Finished orders will be deleted 45 days after the first download and will then no longer be available for download.
5.9 The customer has the option to resend pictures for correction within one week of completion. This correction is free for the customer.
6 TERMS OF PAYMENT AND DELAY
6.1 cmscars indicates the number of images for the services on the customer invoice. The image scope for the services may differ because of possible distortions of images by cmscars due to, for example, the size of the images that the customer has uploaded using the cmscars tool. The customer bears the risk of misunderstandings regarding the number of images and is therefore responsible for checking the number of images on his invoice.
6.2 The prices (always excluding VAT and other legal fees) for the cmscars services are available on the website under the menu item “Prices”. cmscars will charge these prices to the customer, unless the contracting parties have agreed on a different individual price flat rate. All standard prices on the website are subject to change without notice.
6.3 The cmscars services used by the customer are summarized on a monthly basis and charged to the customer in the form of a monthly statement. Payment of the outstanding claim must be made by the customer within 14 calendar days of the date of invoice without deductions and without further delay.
6.4 The customer is obliged to pay also the fees, which were caused by third users or co-users. This also applies to improper use, as far as the customer does not prove that he is not to be charged with any breach of duty.
6.5 If the customer is in default of payment, then cmscars is entitled to default interest of 4% p.a. and EUR 5.00 per reminder. If cmscars has demonstrably incurred a higher damage caused by default, cmscars is entitled to assert this.
6.6 The transfer of processed images or other services to the customer is subject to retention of title until the customer has paid all claims, including interest and costs.
6.7 The monthly invoice is sent digitally by e-mail. For a fee of EUR 5.00 per shipment, billing can also be made by mail delivery upon request.
7 DATA PROTECTION
The legal basis for data protection can be found in the Data Protection Act 2000 (DSG 2000) and the Telemedia Act (TMG).
7.2 Access data / server log files
The provider (or his web space provider) collects data about every access to the offer (so-called server log files). Access data includes:
Name of the retrieved web page, file, date and time of retrieval, amount of data transferred, notification of successful retrieval, browser type and version, the user’s operating system, referrer URL (the previously visited page), IP address and the requesting provider.
The provider uses the log data only for statistical evaluations for the purpose of operation, security and optimization of the offer. However, the provider reserves the right to subsequently review the log data if, on the basis of concrete evidence, the legitimate suspicion of unlawful use exists.
7.3 Handling of personal data
Personal information is information that helps a person to identify, ie information that can be traced back to a person. This includes the name, email address or phone number. But also data about preferences, hobbies, memberships or which websites were viewed by someone are part of personal data.
Personal data are only collected, used and passed on by the provider if this is permitted by law or if the users consent to the data collection.
When contacting the provider (for example, by contact form or e-mail), the information of the user for the purpose of processing the request as well as in the event that follow-up questions arise stored.
7.5 Comments and posts
When users leave comments in the blog or other posts, their IP addresses are saved. This is for the security of the provider, if someone writes in comments and posts illegal content (insults, prohibited political propaganda, etc.). In this case, the provider himself may be prosecuted for the comment or contribution and is therefore interested in the identity of the author.
7.6 Comments subscriptions
The follow-up comments can be subscribed to by users. Users will receive a confirmation email to verify that they own the email address they entered. Users can unsubscribe from ongoing comment subscriptions at any time. The confirmation email will contain notices.
7.7 Integration of Services and Third Party Content
It may happen that content from third parties, such as videos from YouTube, maps from Google Maps, RSS feeds or graphics from other websites are included in this online offer. This always presupposes that the providers of this content (hereinafter referred to as “third party provider”) perceive the IP address of the users. Because without the IP address, they could not send the content to the browser of each user. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. However, we do not have any influence on this if the third parties provide the IP address e.g. save for statistical purposes. As far as we know, we will inform users about it.
You can find many online advertising cookies from companies through the US-American site http://www.aboutads.info/choices/ or the EU page http://www.youronlinechoices.com/uk/your-ad-choices manage.
7.9 Google Analytics
This offer uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on users’ computers and that allow an analysis of the use of the website by them. The information generated by the cookie about the use of this website by the users are usually transmitted to a Google server in the USA and stored there.
However, if IP anonymisation is activated on this website, Google’s IP address will be shortened beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. IP anonymization is active on this website. On behalf of the operator of this website, Google will use this information to evaluate users’ use of the website, to compile reports on website activity, and to provide other services related to website activity and internet usage to the website operator.
The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; However, this offer notifies users that you may not be able to use all features of this website in their entirety. In addition, users may prevent the collection by Google of the data generated by the cookie and related to its use of the website (including your IP address) as well as the processing of this data by Google by using the browser plug-in available under the following link Download and install: https://tools.google.com/dlpage/gaoptout?hl=en.
As an alternative to the browser add-on or within browsers on mobile devices, please click this link to prevent Google Analytics from entering this website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you must click this link again.
7.10 Revocation, changes, corrections and updates
The user has the right, upon request, to receive free information about the personal data that has been stored about him. In addition, the user has the right to correction of incorrect data, blocking and deletion of his personal data, as far as no legal duty of storage is contrary.
8 DELIVERY TIME
8.1 cmscars will inform the customer if the agreed delivery time can not be met. The customer remains responsible for payment of the service, regardless of the fact that cmscars can not meet the delivery time according to the website or agreement.
8.2 cmscars is not bound to agreed delivery times if the customer requests a change of services.
8.3 During the execution of the work, the customer is obliged to cooperate in order to allow a timely delivery of cmscars, in particular the prompt answering of questions by cmscars.
9 WARRANTY AND LIABILITY
9.1 cmscars guarantees that the processed images or other services are qualitatively in order. The customer acknowledges, however, that the quality of the processed images depends mainly on the quality of the delivered images.
9.2 The Customer warrants that the images received by cmscars will not infringe any third party rights under national, supranational or international copyright, intellectual property or tort law in connection with the Services. The Customer will indemnify cmscars, both out of court and in court, from any claims that third parties may have under the legislation referred to in this clause.
9.3 Defects in the service of cmscars as a result of viruses, Trojans, worms, time bombs, cancelbots, infected data or similar problems are not attributed to cmscars and therefore do not give the customer the right not to fulfill the contract or to claim damages.
9.4 cmscars will make every reasonable effort to ensure that the website is accessible at all times. However, cmscars can not guarantee that the website will work uninterrupted or error free. cmscars is therefore not liable (for whatever reason) for any loss or damage attributable to the cmscars website. Furthermore, cmscars is not liable for delays in the service.
9.5 Except as a result of gross negligence of cmscars and regardless of other provisions in these General Terms and Conditions regarding the liability of cmscars, cmscars shall not be liable for indirect and / or consequential damages, such as, but not limited to, loss of data, operating losses, loss of goodwill, loss of profit, depreciation or Damage to assets and damage to third parties as a result of failure to deliver, faulty delivery and / or delayed delivery of the indemnified images and / or functioning of the Services.
9.6 All claims for defects of the processed images in accordance with these General Terms and Conditions shall be notified to cmscars in writing within seven calendar days of delivery or redelivered by means of a transmitted image correction of the defective images in the cmscars tool within seven calendar days. After this period has expired, the customer has accepted the processed images or other services as being in accordance with the contract.
9.7 By placing the order, the customer acknowledges that he does not rely on any assertion, commitment or statement outside these terms and conditions.
10 INTELLECTUAL PROPERTY
10.1 The content of the website, including but not limited to text, design, graphics and user interfaces, are the property of cmscars.
10.2 The name cmscars and the logo of cmscars are trademarks of CMS Services OG and may not be used without the prior written consent of cmscars. All other brand names used on the website are the property of their respective owners.
10.3 After the customer has downloaded and paid for the processed images, the copyright for the processed images is automatically transferred to the customer. If the payment has not been made, the copyright regarding the processed images remains with cmscars.
11.1 The customer acknowledges that he is responsible for the protection of his computer system, his hardware, the software and data and those of third parties who have access to or otherwise connected to the customer’s computer system. Therefore, Customer warrants that any emails, programs, or other data downloaded or otherwise obtained from the Website or from cmscars are free from viruses, worms, Trojans, and all other types of malware before using them.
11.2 cmscars takes reasonable measures to ensure that unauthorized third parties do not have access to the data electronically transmitted to or from cmscars. However, cmscars can not guarantee that such access can be completely ruled out. The customer therefore accepts the risk that third parties that have not authorized cmscars to access the data intercept or access the data electronically transmitted by or to cmscars.
12.1 Both parties agree to disclaim all confidential information (including trade secrets and information of economic value) communicated to them by the other party in accordance with these Terms and Conditions. The obligation of confidentiality does not apply if the information at the time of the notification is already known to the public or the knowledge-preserving party – except on grounds of a violation of these General Terms and Conditions – or they are then lawfully notified by a third party to the knowledge-preserving party.
13 HIGHER VIOLENCE
13.1 Force majeure is defined as any circumstance beyond the control of the parties and / or any unforeseen circumstance that results in the performance of this contract being unreasonable. In this context, the following events shall also be deemed to be force majeure: any disruption, whether permanent or temporary, on the premises of either party or circumstances preventing the normal performance of the agreement, including, but not limited to, strikes, riots, lockouts , Interventions by higher authorities, acts of terrorism, war and / or siege, fire, natural disasters, epidemics, exceptionally long periods of frost, extreme weather conditions and similar circumstances.
14 LEGAL DISPUTES AND APPLICABLE LAW
14.1 These terms and conditions, all offers / prices of cmscars, all agreements between cmscars and the customer in connection with the services, as well as all obligations following from and on the basis of such agreements are subject to Austrian law. For all disputes arising out of the agreements, including disputes as to their existence and effectiveness, only the courts in Austria have jurisdiction.