These General Terms and Conditions (hereinafter: “the Terms”) supplement the contract concluded online between Codegestalt GmbH (hereinafter: “Codegestalt”) and the contracting party (hereinafter: “the Contracting Party”) and also govern the processing of users' personal data by Codegestalt. In addition to these Terms, the privacy policy (https://keinaufwand.com/en/privacy) applies.
The Terms in force at the time the contract is concluded or, as the case may be, at the time the contract is renewed apply.
The contract between Codegestalt and the Contracting Party is concluded on the website keinaufwand.com when the Contracting Party selects the Product and the Contract Term and accepts the Price by clicking the corresponding button.
Codegestalt makes the Products selected by the Contracting Party available for the Contract Term selected by the Contracting Party, regardless of whether they are used or not.
The Contracting Party is responsible for implementing the Products.
No intellectual property rights are transferred from Codegestalt to the Contracting Party.
The Contracting Party pays the Price for the Contract Term. The Price is due upon conclusion of the contract (Section 1) or renewal of the contract (Section 7). Codegestalt is entitled to suspend its services without notice if the Price is not paid on time. The claim to payment of the Price remains unaffected in any case.
Payments to Codegestalt are processed in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland, subject to the Stripe terms of service (available at https://stripe.com/en-ch/legal). Stripe collects the invoice amount from the Contracting Party's specified credit card account. The credit card is charged immediately after conclusion of the contract in accordance with Section 1 above.
No intellectual property rights are transferred from the Contracting Party to Codegestalt.
It is the Contracting Party's duty to regularly check the Products for unlawful content or infringements (e.g. violation of personality rights or intellectual property rights, unfair conduct, in particular mass emailing, etc.) and to remedy any such situation immediately.
Codegestalt reserves the right to remove such content without prior notice and without liability for any resulting damage.
It is the Contracting Party's duty to back up its users' data and its Content.
Codegestalt is entitled to engage Services to perform its obligations and to further develop or discontinue the Products.
Codegestalt reserves the right to temporarily suspend its services to a Contracting Party without further justification, in particular but not limited to cases where:
Both parties have the right to terminate the contract as of the end of the Contract Term. The Contracting Party can initiate the termination in the admin area or otherwise submit the termination in writing.
If no notice of termination is received before the Contract Term expires, the contractual relationship is automatically renewed for the same Contract Term and to the existing extent. The Terms and prices in force at the time of renewal apply. Products that are no longer offered may be replaced by similar Products for the renewed Contract Term.
Both parties have the right to add or remove Products until the end of the Contract Term. The Price for additional Products is calculated based on the remaining Contract Term and is due immediately. A credit is issued for removed Products. A cash refund is excluded.
Both parties have the right to choose a shorter or longer Contract Term, effective for the next automatically renewed Contract Term. When shortening the term, a discount granted for the longer Contract Term may no longer apply.
Reference to the privacy policy was made at the outset. In addition, the following applies:
The Contracting Party is responsible for its data and the users' data and must take the appropriate measures to comply with the applicable data protection laws.
The Contracting Party instructs Codegestalt to process the users' personal data on its behalf in order to perform its contractual services and, for this purpose, to use the Services listed in the privacy policy, which may also be located outside Switzerland or the European Union. Codegestalt ensures that the data processing by it and by the Services it uses meets current technical standards. It is the Contracting Party's responsibility to ensure that users provide their personal data with knowledge of the processing on behalf and with the consent required for it.
Codegestalt grants every user the right to information as to whether and which personal data are processed, the right to rectification and erasure, and the right to restriction of processing or to object. Users can exercise these rights in writing, with a copy of their passport, at the following address: contact@codegestalt.com
Codegestalt offers the Contracting Party the integration of payment services to process payments from its users.
Codegestalt is not liable for service disruptions of the payment service or for disputes between the Contracting Party and users. Costs resulting from failed payments and disputes are borne by the Contracting Party. The terms and privacy policies of the payment service apply to the processing of payments.
The Contracting Party must set up an account with the payment service and connect it to keinaufwand.com. By using it, the Contracting Party undertakes to pay Codegestalt the transaction fees stated on the website (Settings: Payments) for each payment processed through the payment service (in addition to the payment service's credit card fees). The transaction fee due to Codegestalt is either automatically deducted from the payout at the payment service or invoiced to the Contracting Party. A refund of these fees is excluded in any case.
The Contracting Party is responsible for the completeness, accuracy and lawfulness of the processing of all information processed when setting up the payment service account, operating it and thus in the payments between user, Contracting Party and payment service.
Codegestalt's liability for negligently caused damage is excluded, and liability is limited to the Price applicable for the current Contract Term. Liability for the Services and auxiliary persons is excluded in full.
Codegestalt is not liable for third-party content, either on its Products or on links.
The parties will endeavor to settle disputes amicably. Substantive Swiss law applies to court proceedings, and the ordinary courts at Codegestalt's registered office have exclusive jurisdiction.
Codegestalt GmbH
Liestal, February 2021
Version 2021/2.1
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