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Status: 2024  

  1. Scope 

    1. The following General Terms and Conditions apply to all legal transactions of Norbert Reska with the contractual partner (hereinafter referred to as “client”) under the contract concluded. The client’s General Terms and Conditions are expressly excluded. This also applies if Norbert Reska does not expressly object to the inclusion of the client’s General Terms and Conditions.
    2. The client guarantees that Norbert Reska will be commissioned exclusively as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), i.e., in the exercise of commercial or independent professional activity.
    3. Changes to these terms will be communicated to the client in writing. They shall be deemed approved if the client does not object in writing. The client must send the objection to Norbert Reska within four weeks of the notification of the changes. If the client objects within the deadline, the contract will continue under the previously valid terms.
  2. Conclusion of Contract
    The contract with Norbert Reska is concluded either by signing on site (digitally on a tablet or laptop) or by sending the signed contract via fax/email/post, or through an online order followed by order confirmation from Norbert Reska.
  1. Storage of the Contract Text
    If the contract is concluded online, the contract text of the order is not saved by Norbert Reska. However, the customer can usually save it before submitting the order by printing each step of the order process from the screen, the browser, or as a screenshot.
  2. Data
    The client indemnifies Norbert Reska against all claims from third parties in connection with the provided data. In the event of data loss, Norbert Reska cannot be held liable unless the loss was caused intentionally or by gross negligence. The client undertakes to provide Norbert Reska with all necessary data free of charge whenever Norbert Reska is not at fault or is acting on behalf of the client.
  3. Scope of Services 
  4. 1. The services to be provided by Norbert Reska result from this contract or from the… https://www.herneu.com …offer available on the website, or from the tariff overview attached to the order confirmation.

2. The availability of the services offered is guaranteed only up to the online interface. However, there may still be restrictions that are beyond the control of Norbert Reska.

  1. The graphic design remains the property of Norbert Reska. This does not affect liability. The client has no right, either during the term of the contract or after its expiration, to take over the source code of the websites created by Norbert Reska or the graphics created by Norbert Reska.
  2. The client provides the content required for creating the website (e.g., texts, images, logo). The client must ensure and guarantee that they hold all rights to the content supplied to Norbert Reska, particularly copyright. The client indemnifies Norbert Reska from any claims and costs arising from infringements of third-party rights caused by the client. Norbert Reska assumes no liability for the content provided by the client. If the client does not wish to use their own content, Norbert Reska can create it for the client for a fee.
  3. Based on the client’s wishes and ideas, Norbert Reska designs the client’s website and sends it in draft form. Within the scope of the service description valid at the time of contract conclusion, the client may request changes free of charge by email or via the portal provided by Norbert Reska at “[www.herneu.com.”](http://www.herneu.com.”) Any modifications to the website that go beyond the agreed tariff are subject to a fee, unless the necessity for the changes is the responsibility of Norbert Reska. A complete redesign or reconstruction of the website is not part of the service and must be ordered separately.
  4. After the client has approved the website draft, the site will go online. The client must check the factual and content accuracy of the website and report any necessary and/or desired changes. In cases of doubt, Norbert Reska decides whether the change can be made within the scope of the tariff. Changes for which Norbert Reska is responsible are free of charge.
  5. Norbert Reska is entitled to reject the client’s requested changes if they are technically or temporally unreasonable, if the number of changes exceeds a reasonable level, or if the requested changes do not comply with the content requirements of the General Terms and Conditions. The client will be informed of the rejection of a change request by email or telephone. 8. Once the website has been completed and finalized, further changes are not possible. The client has the option to order additional services separately (see section 9). 9. The technical operation and maintenance of the web hosting are included. Content maintenance of the website can be booked from Norbert Reska for a fee. The contract term is 12 months, with a one-month notice period until the end of the term.
  1. Client Participation
    The success and quality of the advertising impressions generated by Norbert Reska, as well as the prompt completion of the website and any additional services, largely depend on the quality and accuracy of the client’s participation. To ensure a smooth process for both parties, the client shall promptly provide the necessary data and information by email to [info@herneu.com](mailto:info@herneu.com) upon receipt of the relevant notifications. If the website or an additional service cannot be completed or cannot be completed on time due to circumstances attributable to the client, this shall have no effect on the client’s payment obligations, particularly the commencement thereof.
  2. Domain and Email 

1. The following conditions also apply if domains are the subject of the contract. The various top-level domains (“final abbreviations”) are managed by numerous different, mostly national organizations. Each domain-issuing organization sets different requirements for the registration and management of top-level domains, as well as for related sub-level domains and the handling of domain disputes. If top-level domains are the subject of the contract, the respective procurement conditions of the relevant organization also apply, from which the current guidelines and conditions can be obtained. If domains are the subject of the contract, the DENIC domain guidelines also apply in addition to the DENIC domain conditions. 

  1. Norbert Reska, in the procurement and/or maintenance of domains…
    …acts solely as an intermediary between the user and the respective domain-issuing organization, in the name of the client and not in its own name. Norbert Reska has no influence over the allocation of domains and does not guarantee that the domains requested for the user will actually be allocated and/or that the allocated domains will be free of third-party rights or will remain available in the long term. The subject of this contract is every domain requested by the user, provided they have been assigned to the user. If individual domains are terminated by the user or due to binding decisions in domain disputes, the user has no right to request a free replacement domain. Norbert Reska is entitled to activate a domain only after the registration fees have been paid. The user is obliged to immediately report to Norbert Reska if their domain is lost. If the user intends to repurchase their domain from a third party, they are required to promptly inform Norbert Reska about the start of negotiations with the third party, to respond to Norbert Reska’s inquiries regarding the status of such negotiations, and to provide information. Norbert Reska has the user’s right of first refusal for repurchase, provided this does not unduly infringe on the user’s interests. After the termination of the contract, Norbert Reska is entitled to release the user’s domain. At the latest upon such release, all rights of the user arising from the registration expire. If third parties assert claims against Norbert Reska due to actual or alleged infringements, Norbert Reska is entitled to immediately place the user’s domain under the registrar’s control and block the user’s corresponding presence. Before requesting a domain, the user must verify whether any infringement exists. By ordering the domain, the verification of third-party rights is considered completed. The user is obliged to immediately notify in case of infringement as soon as they lose their rights. Once a domain has been registered with the registrar, changing the requested domain is not possible. If a change is desired, a processing fee will be charged again after consultation and confirmation.
  2. If a booked Norbert Reska tariff also includes an email function, the number of email addresses, the storage size, the maximum receiving size, and the type of access to the email mailbox depend on the booked product version. The client is responsible for all content created by themselves or through their access credentials (emails, forum posts, mailing list entries, etc.).

8.   Liability 

  1. Norbert Reska reserves the right to expand, modify, delete, or further develop the services, particularly if this serves technical progress, appears necessary, or prevents misuse. If technical, legal, or commercial conditions change and this significantly complicates the fulfillment of contractual services for Norbert Reska with regard to the offer or parts of the offer, Norbert Reska may modify the services offered, discontinue them, or continue offering them only for an increased fee.
  2. Norbert Reska will inform the client in good time of any significant difficulties in the sense mentioned above and will either demand an appropriate price increase, implement the change after the expiry of a reasonable notice period, or discontinue the service.

3. Changes shall be deemed approved unless the client objects to them in writing or terminates the contract within one month of being notified. Norbert Reska will specifically highlight this deadline and its consequences in the notification. 

  1. Privacy Policy
    The contracting party agrees that, as part of the contract concluded with them, personal data may be stored, modified, and/or deleted, and, if necessary, passed on to third parties. This applies in particular to the transfer of data required for the registration and/or modification of a domain (internet address). 
  1. Payment Terms
    The invoicing of fees begins with the conclusion of the contract, but no later than after the setup by Norbert Reska. The client grants Norbert Reska a SEPA direct debit mandate for the collection of all claims. If the client is in default of due payment, Norbert Reska reserves the right to withhold further services until the outstanding amount has been settled and to charge the client for any resulting costs. If the direct debit cannot be executed, Norbert Reska may claim a flat fee of €11.99 plus VAT, provided the client is responsible. The client is free to prove that no damage occurred or that the damage was significantly lower than the flat fee. The client must raise objections due to errors or incompleteness in the account statement no later than one week after receipt. If the client submits the objections in writing, it is sufficient if they are sent within the one-week period. Failure to raise objections in due time shall be considered as approval. For the service fee or the monthly fees of the “content maintenance” service, these will be invoiced as annual payments and debited accordingly.
  2. Trademark Rights / Copyrights 
  1. The client is obliged to assume all legal responsibility in connection with copyright protection, the protection of minors, press law, and the “right to one’s own image.” For the publications ordered by the client, only texts and images may be published or made available that are accompanied by the appropriate usage rights and for which the necessary consent of the depicted persons has been obtained. All copyrights, trademarks, and intellectual property rights to works created by Norbert Reska remain the property of Norbert Reska.
  2. Norbert Reska has the right to be credited as the author on copies and in publications relating to the product. Violation of this right of attribution entitles Norbert Reska to claim damages. 
  3. The client grants Norbert Reska the non-exclusive, unlimited right in terms of time and territory to use the client’s company, including its website and logo, together with the appropriate references, as a reference for sales and marketing purposes (e.g., online, in brochures, publications).
  4. Transfer of Rights 
  1. Norbert Reska may transfer the rights and obligations arising from this contract to one or more third parties (contract transfer). In the event of acceptance of the contract, the client is entitled to terminate the contract without prior notice.
  2. The client may transfer the rights and obligations arising from this contract to a third party only with the prior consent of Norbert Reska.
  3. Liability 

1. The client ensures that they are entitled to use and transmit the data they provide (e.g., texts, photos, logos, and graphics, etc.) and that they comply with the applicable legal provisions. The client further guarantees that the data they provide are free of third-party rights and are compatible with the applicable laws. The client bears full responsibility and liability for the content of their website and fully and unconditionally indemnifies Norbert Reska against any claims from third parties relating to competition, copyright, name and trademark rights, or other rights. Norbert Reska is not obliged to check the content of the data provided by the client. 

  1. Claims for damages against Norbert Reska are excluded unless they are based on intentional or grossly negligent conduct by Norbert Reska or its vicarious agents. The limitation period for claims for damages is three years and begins at the time the act causing the obligation to pay damages is committed. If statutory deadlines result in a shorter limitation period for Norbert Reska, these shall apply.
  2. In terms of the amount, Norbert Reska’s liability is limited to damages that are typical for this type of transaction and foreseeable at the time of the conclusion of the contract or, at the latest, at the time of the breach of duty.
  3. Norbert Reska’s liability for indirect damages arising from positive breach of contract is excluded, unless and to the extent that such liability results from the breach of obligations essential to the fulfillment of the purpose of the contract.
  4. Duration and Termination 
  1. The contract term is 12 months, hereinafter referred to as the basic term, which begins with the conclusion of the contract. Any free months granted at the beginning will accordingly postpone the start of the basic year. The contract will automatically be extended by the chosen basic term unless either party terminates it in advance with one month’s notice before the end of the current term.
  2. In the first year of the contract, the costs for the use of the website, the domain, and, where applicable, hosting, the client portal, and technical maintenance are included. Thereafter, the monthly fee is €19.99 net. This means that all of the above-mentioned services will continue to be provided. 
  3. Applicable Law and Place of Jurisdiction 
  1. The contractual relationship between Norbert Reska and the client, as well as the terms and conditions, are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. The agreement on the place of jurisdiction applies to both domestic and international clients.
  3. The exclusive place of jurisdiction is Berlin.
  4. Other Provisions 
  1. There are no oral collateral agreements to this contract.
  2. If any provision of this contract is or becomes invalid,
    this shall not affect the validity of the remainder of the contract. In such a case, the parties undertake to replace the invalid provision with one that most closely reflects the economic intent.