TERMS AND CONDITIONS
Terms and conditions of Get Your HTML
In the following terms and conditions, we have summarized the main points of cooperation in a way that is easy to comprehend.
§ 1 Offer
We convert the designs of our clients to source codes for web pages. In doing so, we comply with the requirements and specifications of our clients. We receive a graphical template in Photoshop format PSD from the client. This file is transmitted to our server via the order form on www.get-your-html.com, together with the desired feature and option specifications.
Javascript, Flash and GIF animations can be be programmed at an additional charge.
§ 2 Non-Disclosure Agreement (NDA)
We assure our clients that the provided source code does not contain any indications of our cooperation. In addition, we undertake not to inform third parties through any other means about our involvement in your project.
§ 3 Deadlines
The overnight service for the web page provides for order processing within one business day (24 hours). The term begins on the date of the order (the order form must be sent to us before 16:00 GMT) at 16:00 GMT and expires after 24 hours. Business days are Monday to Friday except public holidays.
The term is kept if the client receives the deliverables before the end of the deadline via e-mail or some other means (i.e., through a download).
If further queries to complete the client's order are necessary, the term is extended by the hours or days it takes for the client to answer the questions.
If changes to the design template are made by the client after order is submitted, the term starts again as soon as the revised template is provided by the client.
§ 4 Warranty
Think IT Global GmbH guarantees that the supplied code fulfills all functions specified in the service description. The warranty period is 24 months and starts with the client's final approval of the deliverables. Think IT Global GmbH corrects all errors free of charge within the warranty period. For the warranty to apply, errors must be reported in writing and must be reproducible or traceable through automatic error logs. If an error cannot be corrected permanently, clients are entitled to withdraw from the contract or request a reduction of the price. This assumes that the client previously granted an adequate grace period in a written form.
Our warranty for the code supplied generally ends when the client changes it, amends it or uses it improperly and not according to its purpose.
The client is obligated to provide assistance to Think IT Global GmbH with troubleshooting, including detailed error descriptions, technical documentation, testing in the operational environment, etc.
§ 5 Pricing
All prices are net plus 19% VAT.
Business customers outside of Germany within in the European Union will be billed without VAT, provided that we receive a valid VAT identification number. Business customers outside the European Union will not be charged VAT. Instead, you may be charged by your customs office. Please refer to your local customs office.
§ 6 Payment
The order is considered completed as soon as the delivered template conforms to the desired standard within the scope of technical feasibility, and will be invoiced directly thereafter.
The invoice is immediately due without deductions. For initial orders as well as orders from abroad, we require a deposit of 50% of the final amount. In view of our attractive pricing, we appreciate your understanding in this matter.
§ 7 invoicing
Our invoices will be sent by e-mail.
§ 8 Obligations of the client
The client ensures
(i) that all information submitted to www.get-your-html.com is complete, accurate and up to date;
(ii)that the use, in accordance with this agreement, the templates (including all targets and creative content) and the websites or landing pages that are linked to from the client's web site, do not violate (a) any laws or regulations (particularly provisions against unfair competition), (b) do not violate any intellectual property rights, industrial property rights (in particular trademark rights) or other rights of any third party and (c) do not contain content that pornographic, obscene, abusive, violent or abusive in any way.
§ 9 Acceptance
The client is obliged to test the product delivered by Think IT Global GmbH in detail within the acceptance period of 14 days from the date of delivery and to send Think IT Global GmbH a written confirmation of the successful acceptance. Should the client find errors during testing, the acceptance period is extended by the time necessary for Think IT global GmbH to correct the errors. Errors must be reported in writing and must be reproducible or traceable through automatic error logs. If the client lets the acceptance period elapse without reporting any errors, the code is considered accepted. If the client uses the code productively, it is likewise considered accepted.
§ 10 Limitation of liability and - exclusion
We exclude our liability for direct and indirect damages, in particular operational interruption, loss of profits, data loss, etc. that result from works or products delivered by us, irrespective of legal basis, as far as we do not have mandatory liability, i.e. due to willful misconduct, gross negligence or breach of a cardinal obligation, personal injury or damage to private property. The client exempts us from liability claims of third parties as long as we do not have mandatory liability in the mentioned cases.
§ 11 Amendments to these Terms of Use
Think IT Global GmbH may change these terms from time to time, i.e. in order to implement legal or regulatory requirements or to account for functional changes to our services.
Please check regularly for changes to these terms. If you do not agree with the changed conditions, you must stop using the services. In this case, Think IT Global GmbH also reserves itself to exclude clients from the use of individual or all services.
§ 12 Miscellaneous
We reserve the right not to accept orders. In these cases, we will consult with the client. Possible reasons for the rejection of an order may be the poor quality of the document (s) or otherwise defective files.
Otherwise, the consumer-friendly provisions of the Civil Code (BGB) apply.
§ 13 Jurisdiction and applicable law
Place of delivery and jurisdiction is Munich (Germany). Only the law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).