Terms of Service

Applicability, Amendments

1. All services provided by Clickmake GmbH (subsequently referred to as Clickmake) are based on these general terms and conditions.

2. Specifications of the product-specific services are retrievable under the Pricing page and are also integral part of the contract. If the product-specific specifications described in paragraph 2 differ from these terms and conditions, the product-specific specifications will come into effect.

3. Clickmake is authorized to change and amend these terms and conditions as long as these changes are reasonable to the customer and have been made known to the customer in written form at least five weeks in advance before these alterations take effect. If the customer does not agree with these changes or amendments, he can object to these changes within a period of two weeks prior to the time the alterations take effect. The objection has to be made in written form. If the customer does not object or objects outside the objection period, Clickmake considers the customer to have accepted the changes. These terms are effective from 2016-11-28.

4. Clickmake reserves the right to change their service packages and prices in order to adapt its services to the current market situation and purchase prices under the condition that these are reasonable (considering both, Clickmake’s and the customer’s interests) for the customer. Clickmake will announce these changes to the customer, in text form, at least five weeks before these take effect. If the customer does not agree with these changes, he can to object within a period of 2 weeks, prior to the changes taking effect and is then permitted to cancel the running contract. The right of objection and termination does not apply to minor changes in pricing and/or to mere changes in Clickmake’s service packages.

5. If it is unreasonable for Clickmake to further provide the customer with the contractually agreed services for economic and organisational reasons, for instance in the case of necessary changes of the technical conditions for the use of the service package, Clickmake will have the special right to cancel the contract giving one week notice prior to the intended date the changes will take effect. Fees paid in advance will be paid back to the customer proportionally.

Services

Clickmake offers its customers different service packages that contain the following features:

– a software for the creation of Web pages (see “Software” below)

– storage of web pages on the Clickmake servers and making these accessible over the internet (see “Hosting” below).

To do so, Clickmake offers service packages requiring payment according to the conditions described in the Pricing page.

Software

1. Clickmake enables the customer to create a website using the software Clickmake over the Clickmake server. The Clickmake software can only be used over the Internet.

2. Over the whole period of the contract Clickmake will not grant an exclusive right for the use of the software. The customer is not authorized to copy or edit the software.

3. The customer is not authorized to sell, rent, grant sublicenses or to pass on the software in any other way, unless this occurs with the Clickmake’s permission.

4. Customers that violate the obligations under paragraphs 2 and 3 are obliged to pay a penalty of at least 5,000 EUR.

Hosting

1. The content of the customers website is saved on the Clickmake server and is held available to be accessed over the Internet. The services provided by Clickmake confine to the data communication between the exchange point of the Clickmake data communication network and the Internet, and the server provided to the customer. Therefore Clickmake does not owe a successful forwarding of the information from or to the requesting computer and any obligation for a successful forwarding is therefore excluded.

2. Clickmake is authorized to perform server maintenances for a total of 5 hours in a calendar month from 8:00 am to 11:00 am. During these maintenance hours Clickmake’s services may not be available.

3. The overall availability of the services provided by Clickmake thus will reach 96% on an average. This excludes restrictions in service provision that lie beyond Clickmake’s influence, especially due to force majeure such as power failure, other technical conditions beyond Clickmake’s control or acts of third persons not authorized by Clickmake.

4. Clickmake is authorized to change the IP-addresses of their servers. The customer has no claim to an identical IP-address.

5. The quantity of the data transfer volume of the free trial package, if offered, is based on the product specific service description according to the Pricing page. Any data transfer beyond this will result in the immediate suspension of the published website, until the first day of the following calendar month. Clickmake will inform the customer about the suspension of the website. Clickmake is authorized to place advertisements on the customers website.

6. The quantity of the data transfer volume of the packages requiring payment is as described in the Pricing page and where relevant based on the Clickmake Fair Use Policy, which shall prevail.

7. If offered, customers may order second-level-domains, unless this is not permitted or granted by the registration office. The selection of and check for the legal admissibility of the domain is the matter of the customer. The second-level-domain is registered through an external registrar.

No guarantee is given to the customer that their preferred domain name will be registered. In relation to the customer, Clickmake only functions as a mediator and is therefore only responsible for the transfer of the customer wish to a registrar respectively.

The second-level-domains are assigned to by the registration office that is in charge of the inherent Top-Level-Domain. For .de domains the additional conditions of the allocation office “DENIC” apply.

https://www.denic.de/en/domain-terms-and-conditions/
https://www.denic.de/en/domain-guidelines/

For domains with other endings the conditions of the respective allocation offices apply additionally.

Upon contract termination, Clickmake is authorized to release the domain. If the customer is obliged to release the domain based on a court decision he has no claim on a substitute domain, nor a claim for refund against Clickmake.

8. Clickmake reserves the right to change and upgrade the applied hardware and software to the actual state of the art at any time. If these changes result in additional requirements to be met by the user’s contents stored on our servers, Clickmake will give notice of these additional requirements five weeks in advance. After receipt of this notice the client will then immediately have to decide, if and when these additional requirements will be met. If the client does not declare at least two weeks before system modifications take place, that he will adapt his contents appropriately and on time, i.e. 3 working days before the date of the system modification, Clickmake reserves the right to cancel the contractual relationship after a term of 7 days starting from the day of system modification.

Customers obligations

1. The customer is not permitted to cede the services provided by Clickmake to a third person for commercial use.

2. The customer is not permitted to upload, post or otherwise transmit any content or data to the designated web space that is in any way unlawful or violates authority regulations or the rights of other people. The customer is obliged not to upload, email, otherwise transmit illegal links, or post links to any content that is illegal. The customer agrees to indemnify and hold Clickmake harmless from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the violation of the obligations mentioned above, unless the customer is not responsible for the violation.

3. The customer has to ensure the domains and email addresses he has chosen do not violate against any laws, authority regulations or third party rights. The customer is obliged, before the domain registration, to make sure that the domain does not violate any third party rights. The customer agrees to indemnify and hold Clickmake harmless from any kind of claims that are based on the violation of the obligations mentioned above, unless he is not in charge for the violation.

4. The customer is obliged to clearly label the content on his web site is his own personal content using his personal details (name and address). If Teleservices or Media services are offered on the web site, the customer is obliged to fulfill the legal provisions of the Teleservices and Mediaservices Act. , especially the requirements set forth in § 6 Teleservices Act. The customer agrees to indemnify and defend Clickmake and its affiliates, owners, officers, directors and employees and hold them harmless from and against any and all claims and expenses, including reasonable attorneys fees, arising from a violation of the obligations mentioned above, unless the customer is not responsible for this violation.

5. When registering his web site into search engines under the application of certain keywords, the customer has to pay special attention not to use words that violate the data protection act, the law against unfair competition, or infringe any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. The customer agrees to indemnify and hold Clickmake harmless from any kind of claims that are based on the violation of the obligations mentioned above, unless he is not in charge for the violation.

6. Content that is uploaded by the customer on his designated web space may be trademark or data protected. The customer entitles Clickmake to make his content accessible over the Internet and to duplicate and transfer the content for this purpose and for backup purposes. The customer himself has to ensure whether his use of personal data meets the requirements of the data protection act.

7. The customer is obliged to inform Clickmake about any changes is his personal details (name, address, email).

8. The customer assumes responsibility not to pass on his User Identification to unauthorized individuals. He also obligates himself to immediately inform Clickmake if unauthorized individuals have access to the password.

9. The customer assumes responsibility to not send, or let send, any electronic advertising mails, without the explicit approval of the receiver.

10. The customer assumes responsibility to save the content on his web space on a daily basis.

Contract conclusion, Contract period, Contract termination

1. The contract is concluded as soon as Clickmake receives the customer’s order. With his order, the customer accepts the Clickmake’s contract offer as submitted on the Clickmake order web pages.

2. The contract shall be concluded for an undetermined period and may be terminated by notice equal to one month for every year that the contract remains in force.

3. Both Parties have the right, to terminate the contract for important reasons. Clickmake has a particular right to cancel a contract if a customer is 30 days in delay with his payment or if a final judgment was passed that the customer’s web site content, domain or email address infringe with laws or rights of third party individuals.

4. After termination of the contract Clickmake is authorized to delete the customer’s content and data from the server.

5. After termination of the contract Clickmake is authorized to dispose of the Clickmake domain and the Clickmake username and to allocate them to third individuals.

6. Clickmake’s packages requiring payment are restricted to persons aged 18 years and over. In case of an abuse, parents or legal guardians are liable for their children. In this case Clickmake reserves the right of taking legal action.

Renumeration

1. The renumeration for the services provided by Clickmake is based upon the price list for the respective service package that was valid at the signing of the contract and upon the contract period.

2. The fees are payable in advance. The billing period is dependent on the service package agreed upon.

3. The billing occurs under the engagement of third party companies. For credit card payments Clickmake will be listed on the statement. The billing data that is required for the billing procedure and to determine the renumeration will be forwarded to these third-party companies. Clickmake ensures that all customer data received during this billing process is treated as strictly confidential. In this respect the transaction security is guaranteed through SSL- encoding.

4. Should the Clickmake not receive the payment within the first 30 days after maturity, Clickmake has the right to immediately lock the customer’s domain and web site.

5. Clickmake will charge 10 % interest p.a. or at least the legally admissible interest rate on all arrears. (In case of a payment delay, Clickmake is authorized to lock the customers web site).

6. Objections against the billing of services provided by Clickmake are to be raised in written form within a period of 6 weeks after the payment has been made. After the period described above, Clickmake registers the payment as finally accepted by the customer.

7. Clickmake reserves the right to withhold its services or to only provide them, if the customer fulfills his payment liability on time.

8. The customer can only set off undeniable and legally valid debts against Clickmake’s claims.

9. Clickmake reserves the right to change and amend the possible and permitted methods of payment at any time.

Liability

1. In case of intention, gross negligence or culpable violation of a substantial essential contract duty Clickmake is liable to the customer for predictable damages that will typically occur in such cases, or for damage caused by culpable injury of the body, life and health.

2. This limited liability applies to both contractual and non-contractual claims whereas legally regulated liability remains untouched.

3. Should Clickmake provide telecommunication services in public, liability is limited through § 7 TKV. Clickmake’s liability in public in case of financial losses is therefore limited to 12,500 EUR per customer. This only applies if there was no deliberately caused damage.

4. The customer has to inform Clickmake about problems immediately in written form or via email. Defect claims are limited to one year.

Suspending domains and web sites, deactivation

1. Clickmake is not obliged to check whether contents on the customers web sites violate against applicable laws, especially against third party individuals. Clickmake is authorized to lock the customers web site in case of an assumed or occurred infliction against the Customers obligations, as well as not obvious unreasonable claims against Clickmake from third party individuals against the publication of the content; although considering the customers qualified interests, until the legitimacy has been proven. Clickmake will inform the customer about these measures immediately. Clickmake is authorized once a legally valid decision states the illegalness, to delete the content.

2. Clickmake is authorized to deactivate or delete programs, scripts or any other content that has been installed by the customer if these limit or endanger the operation of the server, or security and integrity of other data saved on the Clickmake server. Clickmake is also authorized, should this measure be necessary, to intercept the connection between the customers content on the Clickmake server and the Internet. Clickmake will immediately inform the customer about this measure.

Data protection

1. In order to provide the services Clickmake requires some data. This data will be collected, processed and used by Clickmake. This data includes the customer’s name, age and address including phone number and email address. If the customer has granted Clickmake a direct debit authorization, his bank details also count to the required data. Data required for the registration of a domain, especially personal data such as name and address, are forwarded to the registration offices that publish these in registers on the Internet. Billing data is forwarded to third party companies according to the renumeration agreements.

2. In addition data including information about the beginning and ending use of the services and data about the entry of access codes to register the use, will be registered and used as far as necessary to provide and deduct the services.

End requirements

1. Should any regulations in the general terms and conditions lose their effect, this will not touch the activity of other regulations. Both sides are obliges to replace the inactive regulation with a new, active regulation that comes close to the economic purpose of the inactive regulation. The same applies to gaps in the agreement.

2. Any legal claims or lawsuits in conjunction with this website are subject to the interpretation of the laws of the Federal Republic of Germany. International private law does not apply.

3. Provided that you are a merchant as defined by commercial law, a legal entity as defined by public law or by the public separate estate or have no general legal venue in the Federal Republic of Germany, it is agreed that Munich shall be the legal venue for all disputes.

Compulsory declaration according to the German Remote-Purchase Law

1. The customers contractual partner is the Clickmake GmbH, Am Anger 3-5, 82237 Woerthsee, Germany, commercial register Munich, and commercial register number in process. Manager of the Clickmake GmbH is Benedict Padberg.

2. The Clickmake GmbH, on a partially valuable considerate basis, provides the customer with software for the creation of Internet pages as well as web hosting services.

3. The contract takes effect as soon as the Clickmake GmbH receives the customers order. The customer has the opportunity re-check his details before the next order step. Evidently incorrect data will be highlighted in red. The contract period is one year and will automatically extend for another year should the customer not have canceled the contract before its expiring date. The contract can be completed in either the German or English language.

Rescission rights for private consumers

Right of rescission

You have the right to withdraw from the agreement within the first month without reasoning. The withdrawal has to be in text form (for example letter). This period of one month will only begin once the customer has received these rescission terms.

The runtime of this one month period will not start if the rescission terms:
– are not clearly presented;
– do not clearly state your rights according to the communication means used;
– are not presented to you in text form;
– do not contain the name and address of the person that is to be contacted in case of a rescission;
– do not contain information about the beginning of the period in which the rescission can be preformed;
– do not contain information about the right of rescission without having to name reasons, the customer having to present the rescission in text form, and that the rescission has to be sent within the period.

The period of one month will not begin before the contract has been signed, the contract conditions and the general terms and conditions, as well as the information stated in the overview, has been presented to you in text form. The information should be sent as soon as the contract has been completed.

The period will also not begin if:
– You have not been provided with adequate, effective and accessible technical facilities that would have enabled you to prevent and correct invalid details before your order;
– you were not clearly and comprehensibly informed in time about the individual technical steps that lead to the conclusion of a contract; whether, after the conclusion of the contract, the contract text is saved and whether it is accessible to you; how, prior to your order, using the before mentioned technical facilities, you could have identified and corrected mistakes; the languages available in which the contract can be concluded;
– the automatic electronic confirmation that occurs when we have received your order;
– or if, during the contract conclusion, you were you were not provided with the opportunity to call on the contract terms, including the general terms and conditions during the contract conclusion, and were unable to save these in way that allows them to be re-called.

To ensure your rescission period, it is sufficient to send the rescission on time. The rescission is to be addressed to:

Clickmake GmbH
Am Anger 3-5
82237 Woerthsee
Germany

Rescission consequences

In case of an effective rescission, the benefits and profits on both sides need to be re- compensated. If you are unable to recompense you may have to find an alternative way to refund the value. Reimbursements from your side have to be completed within the first 30 days after sending the rescission.

Special indications

Your rescission rights will expire early should you give us the permission to start our service before the rescission period, or if you have induced the service yourself.

The total price for the individual packages can be found in our current price list under https://clickmake.com/#pricing

All prices are excluding VAT.

The deduction occurs through the companies PayPal, Sparkasse or another company. The fee for the entire contract period is due in advance.