Basically, everything here boils down to the following:
1. You pay a one time or a monthly fee
2. You may use our service
3. Do not try to abuse our service
1 Preamble and Scope
The following terms and conditions ( GTC) apply to all business between the customer and Text Tools, c/o Teufelszeug Marketing, Michael Kaiser , Davenstedter Str 60 , 30453 Hannover, Germany (hereinafter Seller) in respect of provision of services on the website under the domain text- tools.net . Whichever is the at the time of concluding the contract valid version of these Terms and Conditions . These Terms and Conditions shall apply exclusively; conflicting or deviating terms and conditions of the customer are not recognized , unless the provider has agreed to their validity in writing. These terms and conditions also apply if the provider ‘s performance unconditionally renders aware of conflicting or deviating from these General Terms and Conditions of the customer to it. Customers of the supplier and in the sense of these conditions can be entrepreneurs, clubs and associations only .Contractor within the meaning of the Terms is in accordance with § 14 BGB a natural or legal person or a legal partnership , which enters into a transaction with the seller in their commercial or independent professional activity . A legal partnership is a partnership that is equipped with the capacity to acquire rights and incur liabilities. As a business owner in this sense is also a customer , which is a special public fund .
The provider offers the customer the option on the portal of the provider under the domain www.text – tools.net or de.text – tools.net (briefly : Portal) semantic analysis by WDF * IDF of websites for the purpose of content analysis make and competitor analysis. Performance subject is exclusively the creation of these analyzes. From the customer conclusions drawn are not subject to the performance of the provider. Whether and to what extent adjustments due from the customer drawn conclusions from the available analyzes , impact on the ranking in search engines , can the provider is not to judge , so that any effects not covered by the contract . Contract is the use and maintenance of the portal and the use of services offered by them by the customer for the duration of the contract between the customer and the provider use agreement .The detailed scope of services results from the specifications of the supplier, which can be accessed under the domain http://de.text-tools.net/tt-prices.php .
The use of the portal is provided to the customer by the provider on the Internet. Not owed by the seller is the production and maintenance of the data link between the IT systems of the customer and the operated by the provider portal.
3 conclusion of contract
To get access to the services of the provider , it is necessary , the customer must have a contractor within the meaning of para. Be 1 paragraph 3 of these Terms and Conditions . Furthermore, the customer has to go through the information presented on the portal registration process. During the registration process , the customer selects the desired service package and the desired maturity and on to his personal data. Furthermore, the customer selects a user name and a personal password. After clicking the button “continue ” the customer opens a user account with the provider and is then redirected to the website of the payment service Paypal, where the monthly or annual cost of the selected power package will be shown again. The customer can ” Agree and Continue ” to complete on this page by completing the payment information by clicking the button the ordering process in terms of the selected service package . By clicking the ” Agree and Continue” contracted by the customer to the provider a contract for the use of specified within the chosen service package services of the provider. If the customer already has a user account with the provider , may, after entering his credentials , “Add Subscription / remove ” the Provider’s services by ” clicking” on the button instruct without having to create a user account again .
4 Duties of the provider
By means of the account has the option to take for the duration of the contract the services of the portal shown in the specification in claim of the customer . For the use of the services , the client must log in with the login information selected during the registration process itself on the portal.
5 Obligations of the Customer
The user ‘s account on the portal of the provider is not transferable to third parties.The customer is obligated to provide truthful during the opening of the user account , all the data entered .
The customer is obliged to maintain the chosen during the opening of the account even access password secret and secure access to the account carefully . Customers are obliged to inform the seller immediately if there is evidence that a user account by third parties has been misused.
The provider is the customer’s password is not known. The provider will never ask a customer by e -mail or telephone for his password .
Provided that the registration data of the customer during the contract term change , this is immediately obliged to update the data stored in the account .
6 Prices and Payment
Sämtliches prices of the provider Prices are subject to VAT. The payment for the services of the provider resulting from the valid at the time of concluding the contract price and service overview , which can be accessed under the http://de.text-tools.net/tt-prices.php page .The fees for the services of the provider are payable in advance for each contracted service period. The provider creates for commissioned services bills which are sent to the customer via email.
7 Contract Duration / Termination
The user contracts are concluded for an indefinite time only and may be terminated with a notice period of one week from the end of each designated settlement period in writing by both parties notice is given within the framework of the use of the account using the ” payment history ” on the ” Unsubscribe ” link below. To handle the termination of the subscription, you are then redirected to the payment provider. If the user contract is terminated effective at the end of each accounting period , the contract extended for a further accounting period ( for monthly payment by one month payable annually by one year ) .The right of the parties to terminate the contract for good cause remains unaffected. An important reason for the provider, particularly in any case before , by
(a ) the client for two consecutive appointments with the payment of the agreed fee in arrears or if the customer has come in a period extending over more than two appointments, with the payment of compensation for an amount in arrears, which the compensation for two months corresponds ; ( b) the customer is insolvent or his assets insolvency proceedings have been opened or has been rejected for lack of application for the opening of insolvency proceedings; according to the request to open insolvency proceedings over the assets of the customer , the provider but can not because of a delay in paying of the remuneration which occurred in the period before the opening application , or terminate because of a deterioration in the financial circumstances of the customer. ( c ) the customer at an agreed annual payment by the payment due is more than 30 days in arrears , the provider has warned its customers and has been advised of the possibility of termination. Upon termination of the customer’s account is deleted and the contractual relationship is terminated.
8 Performance time and ensuring
It contends the statutory warranty provisions . The seller has not be liable for non -performance of contractual obligations, if the non-performance ( etc. natural disasters, war , terrorism) is based on a lie beyond the control of the provider obstacle . Agreed performance deadlines are extended accordingly.A claim of customers to your use of the provider only in the context of the current state of the art. It is possible that the provider ‘s services temporarily restrict , if this is necessary in terms of capacity limits, the security or integrity of the server or the implementation of technical measures , and this is the proper or improved performance of the service is used ( maintenance work). The provider considered in these cases, the legitimate interests of users. Clause . 10 of these Terms and Conditions shall remain unaffected by this provision .
The provider shall endeavor to provide the functionality of the websites safely. Occasional system failures are the current state of the art , but unfortunately not completely ruled out. The customer does not have any warranty claims due to such temporary technical failures.
9 limitation of Liability
The provider is only liable for intent and gross negligence. The provider shall also be liable even if the negligent breach of duties , if thereby incurred a loss of life, limb or health or a warranty or claims under the Product Liability Act are affected. The provider shall also be liable even if the negligent breach of obligations whose fulfillment is essential to the proper execution of the contract in the breach of which jeopardizes the achievement of the contractual purpose and on whose observance the user regularly trusts . In the latter case, the supplier will not be liable for unforeseeable , non- contractual damages . The provider is not liable for slightly negligent breach of other obligations . Foregoing limitations on liability shall also apply to agents of the provider .
10 final provisions
This contract is governed exclusively by German law excluding the UN sales law applicable. Sole place of jurisdiction for all disputes arising between the parties out of the contractual relationship is Hannover , unless the user is a merchant, legal entity under public law or public law special fund . Verbal promises by agents or other auxiliaries of the provider require written confirmation of the provider. If any provision of this agreement be invalid or become invalid by a subsequent circumstances , the validity of this Agreement shall otherwise remain unaffected. Source