§ 1 Scope of validity
- The following General Standard Terms and Conditions are an integrated part of every contract between Securitas Aurum Ltd. 2 B, Orpheos Street, Nicosia / Cyprus, represented by his chief executive, his registered office being there, and the customer.
- SECURITAS AURUM renders services, performances and deliveries exclusively on the basis of these and his other general standard terms and conditions.
- Regulations deviating from these general terms and conditions only are part of the contract and valid, if SECURITAS AURUM expressively confirms their validity by written consent.
- Oral subsidiary agreements to the contract made by employees of SECURITAS AURUM only are valid if SECURITAS AURUM expressively confirms them by written consent.
§ 2 Contract
- The presentation of the services especially in the internet still does not present a binding offer by SECURITAS AURUM.
- The contract between SECURITAS AURUM and the customer concerning the use of services offered by SECURITAS AURUM is concluded by a binding order,sending the online order after previous registration, payment of the yearly fee by the customer amounting to 34,90 € (CSS) or 69,90 € (Premium CSS)and the following email confirmation by SECURITAS AURUM.
- As far as SECURITAS AURUM provides services and renders performances that are free of charge, these services and performances can be finished at every moment. From this, no claim of price reduction, reimbursement or compensation in damages arise, except for the case that SECURITAS AURUM, his employees or agents of performance acted in grossly negligent or intentional manner and by this caused a damage.
- Only valid contracts with registered legal or natural persons are concluded. In single cases, SECURITAS AURUM reserves for himself to reject requests by customers.
- SECURITAS AURUM concedes to the customer to use a sub-domain. This sub-domain and also the corresponding domain always are in the the possession and property of SECURITAS AURUM.
§ 3 Duties of the customer
- At the registration, the customer truthfully must give his registration data. Modifications must be given immediately to SECURITAS AURUM via „ My Profile „.
- The access to the CSS given by SECURITAS AURUM ist not transferable.
- The customer is obliged to protect his personal passwords and login codes against the access by third persons. In case of use without permission by third persons, the customer is reliable for an eventual misuse until the moment he requires by SECURITAS AURUM to block, in written form or by telephone, excepted the case he is not responsible for the misuse. The customer knows that at every moment he has the possibility to change the password for the CSS.
- It is prohibited to the customer to violate the rights of third persons or to importune third persons when using services of SECURITAS AURUM. It is prohibited to misuse or to carry out illegal actions.
- The customer is responsible for his material published and sent via his CSS. The customer is obliged to make security copies of it and to mark the contents published on his websites as being his own contents (About us).
- It is prohibited to the customer to send or to publish material violating established law, especially copy-right and criminal law, or being contra bonos mores. It is also prohibited to the customer to refer to law violating material and contents or material and contents contra bonos mores as defined in sentence 1, for example by giving a link. It is particularly prohibited to use, to spread or to make accessible the following contents: material and contents glorifying violence, inciting people, racist material and contents, propaganda means, insignia of unconstitutional parties or of organisations replacing them or instructions for criminal acts, pornographic material or contents dealing with the sexual abuse of children or sexual activities with animals.
- It is forbidden to the customer to send emails to third persons who did not agree to that. There is an exception for sending emails within an existing customer relation, provided that the other legal requirements have been observed according to the rules. That is also valid for sending emails, especially mass emails in chats and internet forums.
- The customer obliges to give immediate information to SECURITAS AURUM in case of disturbances, failures and damages in the system and to take all measures to make possible determining the failures or damages and their reasons or facilitating and accelerating the disposal of the disturbance.
- The programmes and contents, text, image and sound material made accessible or in future made accessible by SECURITAS AURUM normally are protected by copy-right. During the contractual relation, the customer is allowed to use such materials and programmes and also to personalize resp. to modify these contents. A further utilization, also copying, transfer and handing over to third persons is not allowed. The utilization of the materials and programmes after the expiration of the contractual relation neither is allowed.
§ 4 Compensation / contract penalty
- The customer has to refund to SECURITAS AURUM costs arising for comprobation, determination and disposal of such disturbances, failures and damages for which he is responsible.
- The customer has to refund the material and personal costs and all further expenses to SECURITAS AURUM arising to SECURITAS AURUM by a violation of duties according to § 3 and in case of other contractual infringement or culpable behaviour.
§ 5 Disponibility of services / failure / maintenance works
- The services are provided to the customer by SECURITAS AURUM to the best of his knowledge. On an annual average, the availability of the services by SECURITAS AURUM in the internet is at least 92 %.
- SECURITAS AURUM reserves to modify or to extend his service as it is necessary to improve the service and/or as the technical development makes that possible or requires it. SECURITAS AURUM obliges to carry out such modifications only in case of reasonableness for the customer and to consider the interests of the customer, the interests of other providers of information and the own interests of SECURITAS AURUM.
- With regard to capacity limits, the security and integrity of the servers, or to carry out technical measures, SECURITAS AURUM reserves the right to restrict his service temporarily. SECURITAS AURUM obliges to carry out the restriction of services only in case of reasonableness for the customer and to consider the interests of the customer, the interests of other providers of information and the own interests of SECURITAS AURUM.
- Necessary business interruptions for preventive maintenance works or technical modifications that are predictable are announced to the customer within an appropriate period before the business interruption.
§ 6 Utilization by third persons
- Thirds are not allowed to use the services of SECURITAS AURUM instead of the customer, neither directly nor indirectly, except the case that the third person is employee in the businees of the customer or belongs to a domestic permanent long-term relationship.
§ 7 Right to revoke and consequences of the revocation
- If the customer is consumer according to § 13 BGB (German code of Civil Law), he has the right to revoke his declaration to conclude the contract (contract declaration). The revocation must not give reasons and has to be declared in written form (e.g. letter, fax, email) or by return of the goods within two weeks to SECURITAS AURUM; to observe the time limit, the punctual dispatch is sufficient. The time limit begins at the moment the customer was informed about his right to revoke, in written form, according to the legal requirements and in clear form, but not before the day of the contract conclusion, and in case of delivery of goods, not before the day of arrival of the goods at the addressee.
- If a service is subject matter of the contract, the right to revoke expires prematurely, if SECURITAS AURUM has begun to carry out the service before the end of the revocation time limit with expressive agreement by the costumer or if the customer himself has arranged it.
§ 8 Terms of payment
- The yearly fee for the services carried out by SECURITAS AURUM is 34,90 € (CSS) or 69,90 € (Premium CSS) legal VAT incl.
- If not otherwise agreed in expressive written form, all prices stipulated have to be paid yearly in advance and are due at receipt of the invoice. Enlisted services which do not comprise a complete period of accounting are invoiced in calendar days.
- All prices always mean final consumer prices, legal VAT incl., as far as nothing else is indicated expressively.
- In case of delay in payment, SECURITAS AURUM is entitled to close the customer access immediately.
§ 9 Exclusion of liability
- SECURITAS AURUM only is liable for other damages than arising from injury of life, body and health if these damages are caused by intentional or grossly negligent action or by culpably violation of an essential contract duty by SECURITAS AURUM, his employees or his agents of performance. This is also valid for damages arising from the violation of duties in contractual negotiations and from unauthorized actions. A this regulation exceeding liability with compensation is excluded.
- SECURITAS AURUM is not liable for damages, independent of their kind, arising from data loss on the servers, except in case of gross negligence or intentional culpability of SECURITAS AURUM.
§ 10 Term / cancellation
- At first, the user contract is valid for 12 months. The use is extended tacitly for further 12 months, if the user does not cancel the contract in written form and at least three months before the expiration of the user agreement.
- In case of a delayed payment of the user fee, SECURITAS AURUM will suspend his services.
§ 11 Data protection clause
- According to the data protection, the data protection regulations of SECURITAS AURUM are valid.
§ 12 Applicable law / jurisdiction
- The Cyprus law is applied, excluding the UN-purchase law. Urgent regulations of the state where the customer has his normal residence, are not affected.
- If the customer is a businessman, a legal person of public right or of public-law special fund, or if he does not have a general jurisdiction within the country where he has his normal residence, or if he has changed his residence into a foreign country after the conclusion of the contract, or if his residence is not known at the moment of instituting a suit, the place of fulfillment and jurisdiction for disputes arising from the contract is the residence of SECURITAS AURUM.
§ 13 Final provisions
- At every moment, SECURITAS AURUM has the right to modify the general standard terms and conditions. SECURITAS AURUM will announce modifications within an appropiate period. The customer has the right to contradict to the modifications. If he does not contradict to the modified conditions within a month after their publication, these modifications are becoming part of the contract. In case of contradiction, SECURITAS AURUM is entitled to cancel the contract at the moment the modified or supplemented general terms and conditions shall come into effect.
- As for the rest, modifications or supplements of the contract and of these general standard terms and conditions require a written form.
- If one or several provisions of the fundamental purchase contract or of these general standard terms and conditions should be invalid or include a missing provision, the consequence is not that the complete contract becomes invalid. Instead of that, the invalid provision shall be replaced by a provision being valid and corresponding the best to the economic sense of the invalid provision. The same procedure shall be done in case of filling a gap that requires a regulation.