Terms and Conditions Raecke Schreiber GbR

June, 9th, 2003

§ 1 Validity

1. Raecke Schreiber performs services solely on the basis of these terms and conditions. Deviating or additional terms and conditions will only contract if it expressly and in writing Raecke Schreiber acknowledges. Otherwise, it remains with the validity of the contract terms of Raecke writer. They also apply to all future business.

2. Raecke Schreiber is entitled to amend or supplement the terms and conditions including all facilities, terms and conditions and specifications with reasonable notice. If the customer objects to the changed conditions within 2 weeks after receiving the notice of change, they will be effective according to the announcement. When the customer contradicts Raecke Schreiber is entitled to terminate the contract at the time at which the amended terms will appear in force.

3. Only written agreements shall apply exclusively. Cancellations must be sent by registered post to the efficacy.

§ 2 Contract

1. The contract for the use of services by Raecke Schreiber comes off with the countersignature of a client application or through a separate contract with Raecke Schreiber .

§ 3 Scope

1. Raecke Schreiber develops web pages or other applications for the client and target audience for this one under a domain of the client or install them on individual computers or computer networks of the customer.

2. Upon request, the customer's own domain and e-mail addresses configured on the server of the other party of Raecke Schreiber .

3. Unless Raecke Schreiber provides free services and efforts, these can be adjusted at any time and without notice. A reduction, refund or compensation claim does not arise from this.

§ 4 Termination

1. For contracts with no minimum time the contract for both parties with a period of 8 weeks to the end of the quarter is terminated. For contracts with minimum time the contract is not before the expiration of the minimum time be terminated. The cancellation must be received at least one month before the date on which it is to be effective. Otherwise, the contract covers the period of the first minimum period to be extended.

2. The right to extraordinary termination remains unaffected.

§ 5 Obligations of the customer

1. The customer has to enable Raecke Schreiber access to the website or to the computers on which installations will be made, as far as is necessary and the facilities are not made by the customers themselves.

2. The customer has tp publish any change in his person: change of name, change of identification or change of corporate form.

3. In case of violation of Section 2 Raecke Schreiber is entitled to immediately terminate, in other cases after previous unsuccessful warning.

§ 6 Payment

1. Fees are due upon receipt of invoice and must be made monthly in advance each of the day 01 to pay each month. If the fees to be charged for a portion of the month so it is calculated for each day with 1 / 30 of monthly salary.

2. Payment must be submitted by day 10 after receipt of the invoice on the specified account.

3. Raecke Schreiber has to prove only that the calculation system is error-free. If the customer claims reduced charges, he has to prove this in writing within 10 days of receipt, otherwise the bill is accepted.

4. Non-compliance with payment terms have an immediate settlement of all claims of Raecke Schreiber 's result. Raecke Schreiber may, after a grace period to rescind the contract or demand compensation for nonperformance. The same applies for non-redemption of bills of exchange or checks, payment, bankruptcy or seek a settlement of the customer.

§ 7 Payment arrears

1. Subject to assert further claims for damages are payable for late payment interest at the rate of 3% above the rate of the Deutsche Bundesbank. They are higher or lower, if Raecke Schreiber is charged a higher interest rate or the customer can prove a lower charge.

2. We reserve the right to assert further claims for payment in default.

3. If the customer is for two consecutive months with the payment in arrears or is he with an amount of two monthly charges in arrears, Raecke Schreiber is to immediately terminate the contract authorized.

§ 8 Set off and lien

1. Counterclaims to Raecke Schreiber the customer can only offset undisputed or legally established claims.

2. The customer can make a lien only for counterclaims from this contract.

§ 9 Liability Raecke Schreiber

1. Raecke Schreiber is liable for damages, on whatever legal grounds, only if they or their agents or vicarious agents have caused the damage deliberately or through gross negligence. All further claims are excluded. This also applies to damage caused during a repair.

2. Raecke Schreiber is not liable for information transmitted, for neither their completeness, correctness or timeliness, nor that they are free of third party rights or that the sender is acting illegally.

§ 10 Liability of the customer

1. The customer is liable for all consequences and disadvantages which Raecke Schreiber and third parties caused by the improper or illegal use of the services of Raecke Schreiber or the fact that the customer is not his other obligations.

§ 11 Privacy, Confidentiality

1. All of Raecke Schreiber with the handling of the contract entrusted people observe the data protection regulations. The customer is not entitled to certain information is not for him or a third party or via third parties.

2. Raecke Schreiber submitted information is considered confidential, unless otherwise agreed in writing. Unless Raecke Schreiber provides his services operated by third parties, these are likely to consent of the customer data be disclosed to the participants.

§ 12 Additional provisions for projects and creation of web pages

1. All copyrights reserved. The right to use project results can be transferred to third parties only with the consent of Raecke Schreiber . Consent may be express or implied, already granted in the contract, in which the implementation of each project is agreed.

2. Will the development of software due, the customer only receives the full and exclusive use and right of disposal for the entire result of the work carried out by Raecke Schreiber , if this is agreed. The transfer of source code will also only if expressly agreed.

3. The right to use the software that was developed by Raecke Schreiber or delivered, includes the use and reproduction for internal use by the customer. The client may rest in the software either in whole or in part, make it accessible to third parties. As third parties are persons who are engaged on behalf of the customer's right to use it, or 100%-owned subsidiaries.

4. If agreed deviant to paragraph 3, that the license can be transferred to third parties for software, all copies must carry the original copyright notice and any other proprietary notices.

5. If in connection with the respective contract (software development or implementation of other projects) claims of infringement of any patent or other exclusive right be exercised, the customer is required to immediately notify in writing Raecke Schreiber . The customer will, without prior consent of Raecke Schreiber no significant procedural actions. Furthermore, the customer will not leave Raecke Schreiber to conduct the defense against such claims, particularly the leadership process, including a comparison statements.

6. If the use of the subject matter or any part thereof is prohibited by a court decision or if threatening in the opinion of Raecke Schreiber an action for infringement of proprietary rights, Raecke Schreiber has the right to choose between the following measures:
- Modify the contract so that no more property rights are violated,
- To give the client the right to use the subject matter further,
- Replace the contract by a contract that does not violate property rights and the requirements of either the client or replaced with the corresponding contract is equivalent,
- Rescind the contract and to reimburse the client the fee paid, less a reasonable sum for the use and value loss.

7. The foregoing obligation does not apply to such contract items for which the copyright infringement on a concept derived from the customer or it is based, that the contract was modified by the customer or with not operated by Raecke Schreiber provided in this contract.

§ 13 Final provisions

1. Performance is Berlin. The exclusive jurisdiction for any claim arising from or under this Treaty, including cheque and change complaints and all is between the parties resulting disputes over the formation, the settlement or termination of the contract - if the customer is a merchant, legal entity under public law or public special fund - the headquarters of Raecke Schreiber .

2. This agreement is governed exclusively by the laws of the Federal Republic of Germany.

3.The obligation of contracts, concluded on the basis of these terms and conditions, including the legal successor of Raecke Schreiber 's customers are bound.

4. If any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. Rather, instead of the invalid provision appropriate to the purpose of the agreement or at least coming close to agreement and which the parties have agreed to achieve the same economic result if they had known about the invalidity of the provision. The same applies to the incompleteness of the determination.