These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the mitomediasolutions.com website (“Website” or “Service”) and any of its related products and services. This Agreement is legally binding between you (“client”, “you” or “your”) and this Website operator (“Michael Baumgardt (Mitomedia)”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “client”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
§ 1 What these Terms cover
1.1 For the distribution of software by the company Michael Baumgardt (Mitomedia) and for (pre-) contractual obligations only these General Terms and Conditions apply, unless otherwise agreed and recorded in writing.
1.2 Even without reference to the General Terms and Conditions, they shall apply in their current version at the time of submission of the Customer’s declaration, unless otherwise agreed in writing.
§ 2 Conclusion of contract
2.2 The offers of Michel Baumgardt (Mitomedia) are non-binding, unless the offer is presented as binding in writing. A legal obligation is only established by a contract signed by both sides or a written order confirmation from Michael Baumgardt (Mitomedia) (also by email). In addition, by providing the contractual service.
2.2 Before concluding the contract, the client has inquired whether the software with its characteristics corresponds to its needs and wishes and is compatible with the hardware and software used. The main features of the software are known to the client.
2.3 Other requirements and subsequent changes are only effective if they have been agreed in writing.
§ 3 Performance and payment
3.1 The service is performed in accordance with the product description of the documentation and the current version, unless otherwise agreed in writing. The object of the contract is also the granting of the use according to §5.
3.2 Product descriptions and representations etc. are not guarantees, these must be confirmed in writing by Michael Baumgardt (Mitomedia).
3.3 The client receives the software in the form of access data or as a download link (both bye-mail). An instruction manual can only be viewed online and is not part of the service. The client has no right and right to the release of the source program.
3.4 The service is provided directly, at the latest 3 days after the payment of the purchase price, unless otherwise agreed in writing.
3.5 With the performance of the service, the customer receives a 30-day right of return, without giving reasons.
§ 4 Best Price Guarantee
If the Best Price Guarantee is offered, it means that within one year the price of the software is not offered at a lower price. If this is the case, the difference will be refunded at the lower price.
§ 5 Rights of the Customer in the Software
5.1
The software is legally protected, the copyright and other performance rights in the software and other objects that Michael Baumgardt (Mitomedia) assigns to the client under the contract are exclusively the property ofMichael Baumgardt (Mitomedia). Insofar as these rights belong to third parties, Michael Baumgardt (Mitomedia) has the corresponding exploitation rights.
5.2
The rights to the Software shall not pass until the purchase price has been paid in full.
5.3
Michael Baumgardt (Mitomedia) may revoke the rights for important reasons, in particular in the event of significant violations of §5.
5.4
The client receives the right to use the program to process his own data in his own company for his own use. All devices for processing the data to which the software is copied or played up in part or in whole, for a short or long term, must be in the direct possession of the client. Other contractual terms and conditions of use must be observed.
5.5
The customer shall be responsible for making the backup copies of the software required for safe operation. These must be kept securely and, if possible, accompanied by the copyright notice of the original data medium. Copies that are no longer needed must be deleted or destroyed.
5.6
The goods may only be purchased for internal use (resale is hereby excluded), unless otherwise agreed in writing or approved in writing by Michael Baumgardt (Mitomedia).
5.7
When purchasing software from third parties, the client receives all rights according to the license terms and general terms and conditions of the software manufacturers. The right to use the software passes to the client in the form of access data upon full payment of the purchase price.
§ 6 Deficiencies
6.1
The client is obliged to inspect the received software for obvious defects. Obvious defects are defects that can be noticed by an average customer. Obvious defects include recognisable functional limitations of the software, significant, easily visible damage and the provision of another item or the provision of too little quantity. In accordance with §377 HGB, such obvious defects must be notified to the client in writing immediately after the performance.
6.2
Defects which become apparent only later must be notified to the contractor in writing in accordance with §377HGB.
6.3
In the event of a breach of these obligations, the Software together with the defects shall be deemed to be accepted and approved.
6.4
Notifications of defects must include a precise description of the problem and the contractor is entitled to review it.
6.5
If the defect is unjustified and services have been provided, Michael Baumgardt (Mitomedia) is entitled to compensation at the usual amount. The burden of proof lies with the customer (§254 BGB applies accordingly).
6.6
We are not liable for defects due to incompatible hardware and software.
6.7
In the event of material defects, Michael Baumgardt (Mitomedia) has the right to subsequent performance at his own discretion, in the form of replacement or elimination of the defects with the necessary time and opportunity. If subsequent performance is not possible, the client is entitled to a reduction of the purchase price or withdrawal from the contract and a refund of the purchase price.
6.8
Claims for damages are only admissible in accordance with §7.
§ 7 Compensation
7.1
Michael Baumgardt (Mitomedia) assumes liability in accordance with the statutory provisions for claims for damages based on intent or gross negligence of the representatives of Michael Baumgardt (Mitomedia).
7.2
Michael Baumgardt (Mitomedia) assumes liability in accordance with statutory provisions for simply negligent breaches of cardinal obligations (the obligations that enable contract performance).
7.3 Michael Baumgardt (Mitomedia) assumes no liability for simply negligent breaches of non-essential contractual obligations.
7.4 Compensation is only refunded for anticipated damages, in particular the purchase price. Consequential damages, such as lost profits, expected savings and damages arising from claims and claims of third parties (e.g. software manufacturers) are not assumed.
7.5 Claims for damages have a limitation period of 1 year, unless they are legal violations, in particular in the case of injury to life, body or health.
7.6 The client is obliged to secure the data and protect against malware, damages in such cases are not assumed.
§ 8 Schlussbestimmungen
8.1
In addition to these contract terms, the corresponding license terms and conditions of the software manufacturers apply.
8.2
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. Your linking to any other off-site resources is at your own risk.
8.3
Changes and additions are only valid in writing. The written form requirement may only be waived in writing. In particular, e-mail and other digital means are sufficient as written form.
8.4
The customer may assign the claims under this contract to third parties only upon written confirmation from Michael Baumgardt (Mitomedia), unless this is described in the scope of application of §354a HGB.
8.5
In the event of differences between this Treaty and a translation of this Treaty, the German version of the Treaty shall prevail.
§ 9 Severability clause
9.1
Should one or more of these terms and conditions be or become wholly or partially invalid, incomplete or in need of supplementation, this shall not affect the validity of the remaining clauses.
9.2
In this case, the parties undertake to agree on a provision that comes as close as possible to what was economically intended. Any loopholes shall be dealt with in the same way.
