Term of use (TOU)
OneDayPage.com, represented by Mr. Marcin Adamek (hereinafter referred to as "ODP"), assures that he has the legally required prerequisites for working as a web designer. These GTC are the subject of a written contract. The contractual partner upon conclusion of the contract is:
OneDayPage.com vertretten durch:
Am Hohen Feld 129
Telefon: +49 30 23354689
The following general terms and conditions apply to all transactions and interactions of ODP with contractual partners, hereinafter referred to as "customer" in the terms and conditions. Any deviating general terms and conditions of the customer do not apply, even if ODP does not expressly contradict the general terms and conditions of the customer.
If ODP is commissioned, the customer assures that he only undertakes the commission under Section 14 of the German Civil Code, i.e. that he carries out an independent or commercial activity.
If there are changes to these general terms and conditions, the customer will be informed of them in electronic form. In addition, the general terms and conditions are also deemed to have been approved if the customer does not submit an electronic objection within a period of two weeks. If there is an objection, the current business will be continued under the previous conditions.
2. The formation of a contract
The contract with ODP is concluded either by a signature on site or by sending a signed contract by e-mail or by post.
3. Scope of performance
The services to be provided to you by the ODP result from the contract.
The website created by the ODP is maintained and updated. If the customer requests the changes, they will be introduced as soon as possible and at the latest within 2 weeks after receipt of the change requests, which can (must) only be sent to ODP by email. The ODP is responsible for deciding whether the change requests will be remunerated separately.
The services offered are provided solely on the Internet. ODP cannot be held liable for non-availability or non-availability of services.
For services related to search engine optimization, only the booked services are part of the agreement. They are carried out according to the current technical status. Nevertheless, success in search engine optimization cannot be guaranteed. Even if implemented with the utmost care, ODP does not guarantee the commercial success of a website or a placement in certain areas of search engine results.
When concluding a contract, the customer assures that there are no third-party claims against ODP with regard to the data provided. If the data is lost, ODP cannot be held liable, unless there was willful misconduct or gross negligence. In this case, the customer assures that he will transmit all data to ODP again free of charge.
5. Customer Obligations
A website can only be completed quickly if the customer provides the relevant information quickly. The data and information for the completion of the page will be sent to ODP by e-mail as quickly as possible. Should there be any omissions by the customer, should information or urgently needed data not be provided and should this have an impact on the completion of the site, this will not affect the customer's payment obligation.
6. Prices, Domain, email, hosting & licenses of Third-party.
All prices do not include the statutory VAT of 19%.
The prices quoted only apply to our services that are provided with the help of business partners (suppliers) from Germany. If the services are used by business partners (suppliers) outside of Germany, the annual fee will be billed separately.
If domains are part of the contract between ODP and the customer, the following provisions also apply. When ordering a top-level domain, the various conditions of the registrars and managing organizations must be observed. When ordering and managing the domain, the customer must adhere to the relevant guidelines and specifications. He informs himself independently about the award conditions. For German domains with the ".de ending", the general terms and conditions of the DENIC registry and the guidelines for the allocation of .de domains also apply.
ODP cannot assure the customer of the desired domain with a specific e.g. “.de ending” etc., so ODP is looking for an alternative. The price includes the following domains with the following endings such as (.de, .eu, .com, .net, org, .info, .biz, .com.de). When ordering, managing and maintaining a domain, ODP only acts as an intermediary (temporary owner) between the customer and the registry or the managing organization. ODP has no influence on the assignment of domains and gives no guarantee that the correspondingly chosen domain can be assigned to ODP. The customer is responsible for checking any third-party rights to the selected domain. If the contract is terminated, there are no claims against ODP. In such a case, the customer is granted a priority right to buy back the domain. After termination of the contractual relationship, ODP is entitled to terminate the domain and return it to the registrar within four weeks. ODP reserves the right not to initiate the ordering of a domain until payment has been received. If changes are requested to the status of the registration, ODP reserves the right to demand a new processing fee from the customer.
If the agreed services include the use of e-mails, the corresponding services are defined in the framework data specified in the contract. This applies to the number of addresses, the available memory and the traffic used. The customer is solely responsible for the content and use of his e-mails. The ODP creates the desired e-mail addresses with temporary passwords for the customer and the customer is obliged to change the passwords independently within one week for their own use.
The websites are created with the help of tools (licenses) from third-party developers, among other things. The tools are constantly being developed by the development companies and kept up to date with updates. If the customer's website is completely revised due to an upgrade (update) of a tool, the customer will be informed immediately by ODP about this incident and about the newly incurred costs. The new costs cannot be higher than the current one-time fee on the ODP homepage.
ODP will supplement, remove or edit services if this appears necessary in terms of technical progress or technical developments. ODP will also adjust corresponding services if this is necessary to prevent misuse. Should there be a change in the technical, legal or commercially sensible framework data, ODP reserves the right to adjust its own tariffs accordingly. This applies in particular if the use or provision of the services would otherwise be made considerably more difficult. The customer will be promptly informed of any changes. The customer can then choose whether a reasonable increase or change in remuneration is acceptable to him. Otherwise the contractual relationship will be terminated after a reasonable period of time. All changes in the provision of the services will be considered approved unless objected to in writing within one month or the contract is terminated. ODP will provide comprehensive information on the consequences and changes beforehand.
The customer agrees that the data resulting from the conclusion of a contract may be stored, changed and deleted by ODP. They can also be transmitted to third parties if necessary. This applies in particular to processes related to ordering, changing or dissolving a domain or other tools required for the creation of the website.
The one-time payment and first annual fee is due on the day the customer sends the signed contract to ODP and to the bank details specified in the invoice. The other annual fees for the following year are to be paid by bank transfer. If there is a delay in payments, ODP will not perform or discontinue further services until payment of the contract due and will invoice the customer for any additional costs incurred.
10. Copyright and Trademark Rights
The customer is responsible for complying with the rights of third parties. This applies to copyright protection, press law, the "right to one's own picture" and all other third-party claims. If there is commissioned work for ODP, the customer will check whether there is copyright or a right of use for all materials made available. For work or services carried out by ODP, the copyright remains with ODP. Drafts, drawings, data or other information created as part of commissioned work remain subject to ODP's copyright. Copying or forwarding to third parties is expressly prohibited. ODP transfers the simple right of use to the customer for the agreed work. A transfer to third parties is prohibited. The right of use only becomes active when all agreed payments have been made by the customer. After the end of the contract period, the customer's right of use expires. Information is required for copies or publications of the works made available by ODP. Unauthorized publication entitles ODP to claim damages. When a contract is concluded, the customer transfers the right to ODP to use and publish the logo and the company name as a reference in its own publications.
11. Legal advice
ODP reserves the right to transfer its rights and obligations towards the customer to third parties. In this case, the customer is granted the right to terminate his contract with ODP without notice. A transfer of the customer's rights and obligations to third parties is only possible with the prior approval of ODP.
12. Liability to Third Parties
For all data, whether text, photos, logos, graphics or similar content, the customer assures that he has the necessary rights and has also observed all legal provisions. He also assures that no rights of third parties are violated. The customer is solely responsible for complying with the rights of third parties on his homepage. ODP has no obligation to check the data used or made available with regard to infringement of third parties. All responsibility for compliance with applicable laws rests solely with the customer. Compliance with the imprint obligation according to the Telemedia Act is observed by the customer. He has to ensure that all relevant data in terms of the obligations of website operators are complied with. Any changes to the known data will be announced to ODP. All further obligations for the operation of a homepage are to be observed by the customer. They are not part of the services provided by ODP for the customer. No claims for damages can be asserted against ODP. The exception is grossly negligent or intentional behavior by ODP. The period for asserting any damages is three years. Statutory deadlines can shorten this time further.
13. Term and Termination of Contract
The contract term is 24 months and can be terminated with a notice period of 3 months to the end of the term. If the contract is not terminated with a notice period of 3 months before the end of the current contract, it is automatically extended by 24 months. In the event of non-payment of the fees due, ODP has the right to shut down the corresponding account with all content. This also applies if an essential point of these general terms and conditions is violated. In this case, domains can be released again at the registrars. Should there be a mutual dissolution of the contract or early termination, ODP can claim any costs that have already been incurred from the customer. This is at least the amount of the annual fee. The one-off fee will never be returned to the customer, regardless of the date of termination of the contract.
The legally binding text is the German version.
If the client is a merchant within the meaning of the HGB, the place of jurisdiction is the registered office of the ODP. Otherwise, the statutory provisions of the Federal Republic of Germany apply.
16. Collateral Agreements, Additional Agreements
Verbal ancillary agreements to this contract do not exist. Should a provision of this contract be or become invalid, the validity of the rest of the contract shall not be affected. In this case, the parties undertake to replace the ineffective provision with one that comes as close as possible to what is economically intended.
17. Statute of Limitations
Customer claims against ODP expire after three years. Should the statutory limitation period be shorter in individual cases, this applies.