Dwellan
Find / offer holiday accommodation (free advertisement)

Business conditions

As of: 19 February 2008

1. Contracting parties, Scope, Court of jurisdiction

1.1 This contract is offered by the service provider:
IT Services Marianne Mandl
Schubertstr. 23/5
A-2100 Korneuburg

1.2 The customer identifies himself or herself in written form or verbally. In most cases this will be by filling in an on-line form.

1.3 The following General Business Conditions govern all business relations between the service provider and the customer. The latest version is valid and supersedes previous versions.

1.4 Only the German version of the General Business Conditions is legally binding. Translations into other languages are illustrative only.

1.5 The customer's own business conditions do not enter the contract, except if the service provider agrees explicitly in writing.

1.6 The court of jurisdiction is Korneuburg, Austria


2. Beginning, Duration and Cancellation of the Contract

2.1 The contract comes into force when the customer opens, in writing or by verbal request, in most cases by filling in an on-line form, a customer account, and if the service provider accepts the contract.

2.2 The customer can cancel the contract at any time, without observing a period of notice. This can be done on-line, by closing the customer account. Already paid fees will, in this case, not be reimbursed.

2.3 The Customer can at any time delete some or all web pages that he has created, using an on-line form, without cancelling the contract. Already paid fees will be credited towards other services (like translations, creation of other web pages) but will not be reimbursed.

2.4 The service provider has the right, without naming her reasons, to deny or to discontinue services or parts of services. Already paid fees will be reimbursed in this case.

2.5 The service provider has the right to deny or to discontinue services or parts of services in cases of abuse. Cases of abuse include particularly: (a) if the customer takes measures which are aimed at disturbing the functioning of the service provider's computer systems, or (b) if customers upload contents, or link to contents, which are illegal, immoral, pornographic or sexually explicit. Already paid fees will not be reimbursed in this case.


3. Purpose of the Contract, Services

3.1 The service provider enables the customer to generate himself or herself web pages, using an on-line system, which are advertising the customer's offers of accommodation.

3.2 The service provider publishes the customer's web pages world-wide on the Internet.

3.3 The service provider facilitates access to the customers advertisements, via the related web pages, by providing suitable functionality and services (search facility on the Dwellan home page, listings of accommodation, registration with public search engines).

3.4 In relation with the generation of the customers web pages, translations of text components between German, English and French, are offered to a limited extent.

3.5 Additional services, besides or beyond the agreed contractual conditions, which the service provider may provide voluntary, are not actionable.

3.6 The service provider reserves the right to suspend the customers means to generate web pages and the publication of already generated web pages until a signed "Request for Activation of a Dwellan Account" has been received.


4. Duties of the Customer

4.1 The customer must observe the rights of third parties when publishing texts or images.

4.2 The customer informs the service provider as soon as possible, by using an on-line form, by email or by letter, about all changes in his or her contact address. In particular, changes in the email address or in the postal address must be notified.

4.3 The customer keeps up to date, and maintains himself or herself, web pages that he or she has generated, using the provided on-line forms.


5 Payments (currently no fees are charged)

5.1 To open and to hold a customer account is cost-free.

5.2 The prices for all paying services are governed by the relevant price list and they are available on-line.

5.3 Fees are to be paid in advance for one year at a time. The service provider may suspend or block services until the corresponding payments have been received.

5.4 Bills are usually made out electronically and distributed by email. Printed bills are produced and sent out only on specific request and command an additional handling fee.


6 Limited liability

6.1 The service provider attempts to make the web pages, which the customer has created, reliably available on the Internet, can, however, not guaranty the uninterrupted availability of the service.

6.2 The service provider is not liable for direct or indirect damages which may arise from the operation or from interruptions in the operation of the Internet server.

6.3 Any claims and liabilities are limited to the order value.

The service provider is not liable for damages, which originate from leases or other business transactions or missed business opportunities, which are attributed to the published web pages.

6.5 The customer is solely responsible for all provided texts and images, even when they are translated by the service provider. The service provider is not responsible for the correctness or completeness of published offers for accommodations, nor is she responsible for any possible infringement of the rights of third parties.

 
 

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