General Terms and Conditions
The company PlusContact Promotion GmbH, Am Hardtwald 9, 76275 Ettlingen,
Germany (further referred to as Yaoti) performs all deliverables and services exclusively according to these terms and conditions. Yaoti is authorized to change the content with the agreement of the user( further referred to as the pronoun you/ your). You have the liberty to disagree within 4 weeks after you received the notification of change. In the notification of change, Yaoti commits to inform you about the consequences of a defaulted disagreement.
Right of Cancellation, information of the Right of Cancellation
Sie haben als nicht gewerblicher Verbraucher das Recht Ihren Auftrag zu widerrufen. Es genügt hierzu die Erklärung innerhalb von zwei Wochen ohne Angabe von Gründen in Textform. Es besteht kein Widerrufsrecht für Dateien (z.B. swf, flv, etc.) nach dem Öffnen bzw. herunterladen; oder wenn Produkte nach Ihren Spezifikationen angefertigt werden, oder die eindeutig auf Ihre persönlichen Bedürfnisse zugeschnitten sind (z.B. individueller Yaoti, Scripte, Player, etc.).
Defects, Duty of Examation and Notice of Non- Conformity
You have the duty to examine the contents after receipt for any visible non- conformity in terms of quantity and quality. A notice of defects has to be given in written form not later than 7 days after receipt.
A notice of hidden defects has to be given immediately after detection.
If eventual defects are reported in time, Yaoti will compensate you according to own choice. This applies only if you have not used the licensed material.
Claims against Yaoti that are due to defects will be in lapse within 6 months at the latest for commercial enterprises and within 24 months for private persons from the legal start of the limitation period.
Range, Conclusion of the Contract, Termination
You can make your request for the conclusion of a contract (order) in written form, by telephone, or by ordering on the Internet. Yaoti can accept your order within 14 days.
The contract becomes valid with the first action of fulfillment, or with Yaoti's countersignature.
Unless otherwise agreed, the term of contract is 12 months.
If the contract has a fixed-, or minimum term it automatically extends for the agreed fixed-, or minimum term, at the most for one year, if not terminated by 4 weeks' notice before expiration.
If the contract is concluded with a term up to 12 months, or if the contract has been extended for a certain time, Yaoti has the right to terminate the contract by 4 weeks' notice to the end of the month.
If the term of contract is undetermined, you or Yaoti can terminate the contract by 30 days' notice to the end of the month.
If a third party makes a claim against Yaoti for existing or alleged breach, Yaoti is authorized to block your hosting rate.
Your and Yaoti's right of termination without notice for compelling reason remains unaffected. A compelling reason to Yaoti is in particular if you are more than 30 days in delay of payment or if you breached the licensing agreement.
Every termination needs to be in written form in order to take effect.
Your Duties
You assure that the data given to Yaoti is correct and complete. You commit to inform Yaoti about changes to the given data immediately.
For the enrolement to the services you can order a password from Yaoti. You are commited to protect the password from unauthorized access of a third party. If a third party gains access to your password you have to inform Yaoti immediately. As long as you do not inform Yaoti, you are liable for all actions performed by using your password.
Prices
All prices are fixed
Yaoti has the right to to increase the prices. You have to agree to the increase in price. Your agreement is deemed to be given, as long as you do not disagree within 4 weeks after you received the notification of change. In the notification of change, Yaoti commits to inform you about the consequences of a defaulted disagreement.
In case of default, Yaoti charges 7 percent annual interest above the prime rate of the German Central Bank. If you are in delay of payment, Yaoti charges 15 EUR per reminder for overdue payment, given that you can not prove that no damages occured, or that the amount of damages is minor. Yaoti has the right to assert further claims because of default.
In case of a change in the value- added tax rate, Yaoti has the right to adjust the prices of goods and services delivered and performed under continuing obligation. The adjustement in prices takes effect from the moment of change in value- added tax rate.
Your bill will be placed online, where you can access it. If you request a bill by regular mail, Yaoti will charge 2 EUR per bill.
Usage- dependent fees(e.g. hosting rates, etc.) become due upon issuance of invoice. Other fees are to pay in advance. The billing period is determined by the ordered rate, but no longer than 12 months. Special agreements take priority.
If the number of free clips that are contained in the hosting rate is exeeded, you are bound to pay the prices that are contained in this rate.
Accounts receiveables of Yaoti can only be charged up against undisputed and valid receivables.
Delivery period, Delay in Delivery, Reservation of Delivery
If a delivery period is agreed on if the delivery item is is delivered via e mail before the expiring date.
The delivery period may extend
- bis Sie Yaoti die für die Ausführung des Auftrages notwendigen Daten übergeben haben,
- till your advance payment, if agreed on, has been received,
- till the own actor, if chosen with the order, finished the recording with Yaoti.
The delivery period extends in case of stoppage (strike, etc.), of the actor beeing prevented ( illness, etc.), and in other cases Yaoti can not represent (requirements and orders by law, or government agencies, force majeure). You will be informed immediately if such hindrances occur.
If Yaoti is in delay in delivery, you have the right to cancel the contract only if Yaoti does not adhere to adequate period of grace given by you. The period of grace has to be layed down in written form and has to be at least 4 weeks long.
You have the right to cancel the contract without notice if Yaoti finally is not able to fulfill the contract.
Yaoti reserves the right to reject an order for individual production or hosting without giving reasons.
license
In force: the linked
Lizenzvereinbarung
Privacy Policy
In force: the linked
Datenschutzerklärung
Individual production
Actor
With your order you pick the actor and the outfit according to this
example
. You accept smaller changes in the actor's voice or outfit (e.g. hairdo, make- up, fit of the outfit, weight, etc.). If the chosen actor is not available, you and Yaoti have the right to withdraw.
proof
With your order you pick the number of proofs, the costs are displayed in the shopping cart. If you do not order proofs, they are not included in the delivery
Storage
Yaoti is not liable to store the procedure documentation, duplicates or clips longer than 6 weeks after the end of the production.
Limitations to liability, guarantee
DESPITE THE GREATEST POSSIBLE CARE WE CANNOT GRANT A 100% GUARANTEE AND EXCLUDE EVERY POSSIBLE MISTAKE.
Yaoti CANNOT GUARANTEE THAT THE SYSTEMS ARE FREE OF VIRUSES. WE ARE NOT LIABLE FOR LOSS OF DATA.
Yaoti DOES NOT GUARANTEE THAT THE SERVICE IS AVAILABLE UNINTERRUPTEDLY AND FLAWLESSLY; IT IS ALSO NOT ENSURED OR GUARANTEED THAT ANY RESULTS CAN BE ACHIEVED BY THE USAGE OF THE SERVICE. Yaoti IS NOT LIABLE TO PAY COMPENSATION FOR DAMAGE THAT WAS CAUSED THROUGH USAGE OF THE SYSTEM OR BY THE IMPOSSIBILITY OR RESTRICTION TO THE USAGE OF THE SERVICE AND THE INCLUDED INFORMATION OR THE IMPOSSIBILITY TO USE THOSE.
YOU RECEIVE NO GUARANTEES IN A LEGAL SENSE. LIABILITY OF Yaoti IS EXCLUDED.
THE FAULT-INDEPENDENT LIABILITY ACCORDING TO § 538 (1) BGB IS EXCLUDED.
AS LONG AS Yaoti PROVIDES SERVICES AT NO CHARGE, Yaoti IS ONLY LIABLE FOR INTENT OR GROSS NEGLIGENCE.
Yaoti EXCLUDES THE COMPENSATION FOR DAMAGES REGARDLESS OF LEGAL REASONING, ESPECIALLY THROUGH DELAY, IMPOSSIBILITY, FAULT AT CONCLUSION OF CONTRACT, DEFAULT IN PERFORMANCE OF CONTRACT, AND ILLICIT ACTION IN CASES OF SLIGHT NEGLIGENCE WITH EXCEPTION OF DEFAULT ON FUNDAMENTAL CONTRACTUAL OBLIGATIONS.
IN CASES OF SLIGHT NEGLIGENCE LEADING TO THE BREACH OF FUNDAMENTAL CONTRACTUAL OBLIGATIONS, WHOSE FULFILMENT IS ESSENTIAL TO THE ACHIEVEMENT OF THE CONTRACT, Yaoti IS LIABLE WITHOUT LIMITATION FOR PERSONAL INJURY, FOR DAMAGE OR LOSS OF PROPERTY OR FINANCIAL OR MATERIAL LOSS ONLY AS FAR, AS COULD USUALLY BE ANTICIPATED AT CONCLUSION OF CONTRACT. IN BUSINESS DEALINGS WITH TRADERS THE LIMITATIONS IN LIABILITY MENTIONED ABOVE ALSO APPLY IN CASES OF GROSS NEGLIGENCE. LIABILITY FOR CONSEQUENTIAL HARM CAUSED BY A DEFECT, BASED ON A DEFAULT IN PERFORMANCE OF CONTRACT, IS EXCLUDED AS LONG AS NEITHER INTENT NOR GROSS NEGLIGENCE APPLIES.
Place of execution, place of jurisdication
For delivery within or outside Germany, German law is applied exclusively. Provided that the user is merchant according to the German Commercial Code, the Court of Jurisdication is arranged to be 76275 Ettlingen (Germany).
Other terms and conditions
Other terms and conditions will not be accepted by Yaoti, even without written objection.
Subsidiary agreement
There are no oral subsidiary agreements.Oral subsidiary agreements hold only if they are approved by Yaoti in written form.
Final clause
In case of inconsistencies between the German version and versions in other languages, the German version shall be deemed to be valid.
Should any clause of the usage conditions be held void, the further clauses shall remain untouched.
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