General Terms and Conditions (GTC) of bailaho GmbH
§ 1 General, services, validity of these terms and conditions, discounts, agents
1. Bailaho GmbH (hereinafter also referred to as "Bailaho") operates the "Bailaho" Internet portal, which can be reached under various top-level domains (.de, .eu, .at, .ch, .com). is. Bailaho is an online company directory and enables the search for company addresses on the Internet. The user can call up information from various categories. Bailaho provides the following services itself or through third parties in accordance with the more detailed stipulations of the range of services published on the Internet at the time the order is placed: a) The Enabling the creation and maintenance of company profiles (with text, logo, images, videos, Google Maps implementation, etc.) on the Internet on the Internet pages of Bailaho GmbH in connection with a company search engine, as well as on the websites of other providers; b) the creation of websites according to customer requirements.
2. The Bailaho GmbH provides services exclusively on the basis of the present terms and conditions. Other conditions do not apply even if Bailaho GmbH does not object to them or the customer places the order with reference to his own terms and conditions. Placing an order is binding and not tied to any form. Orders placed by telephone or online are immediately confirmed in writing by bailaho GmbH. In the event of discrepancies between the telephone agreement and the content of the order confirmation subsequently sent by bailaho GmbH, the customer must report this immediately if he is a merchant within the meaning of the German Commercial Code. Otherwise the contract is binding according to the content of the order confirmation.
3. Complaints about incomplete or visibly defective services must be reported to Bailaho in writing no later than 10 days after the start of the service or after the point in time at which they can be identified, if this is later.
4. The bailaho GmbH uses these terms and conditions only towards entrepreneurs (§ 14 BGB) in the context of their commercial or self-employed professional activity (hereinafter "customer"). By placing an order, the customer declares in a legally binding manner that he is acting as an entrepreneur. Bailaho is entitled to have the entrepreneurial status verified by submitting documents (extract from the commercial register, business registration or similar). In individual cases, bailaho GmbH can agree special conditions with consumers, if necessary. Before concluding the contract, the customer must expressly point out that he is a consumer if this is not obvious.
5. The General Terms of Use (GTC), which can be found on the website(s) of bailaho GmbH, also apply to the use of the bailaho GmbH website for information retrieval. With the conclusion of the contract, the customer simultaneously acknowledges the validity of the GTC.
6. Within the framework and for the duration of the contractual relationship, bailaho GmbH keeps the content and data posted by the customer available on its own or third-party servers for Internet retrieval.
7. bailaho GmbH reserves the right to change, supplement or delete parts of the bailaho GmbH website in whole or in part, even without prior notice, provided the customer's entry is not affected. The right is also reserved to change the name of the website "bailaho" or the name of the operating company "bailaho GmbH". In the latter case, the customer will be informed sufficiently in advance.
8. If special prices or discounts have been agreed that deviate from Bailaho's price list, these are only valid for one contract period. If the term is extended by the customer placing another order, the regular prices in accordance with Bailaho's current price list at that time shall apply, unless otherwise individually agreed or a renewed discount is granted for the newly concluded term.
9. Authorized intermediaries, advertising agencies, representatives, etc. are obliged to adhere to the price list of bailaho GmbH in their offers, contracts and settlements with clients. A brokerage fee / commission granted by bailaho GmbH in individual cases may not be passed on to the client either in whole or in part. Furthermore, intermediaries, advertising agencies, representatives, etc. are not allowed to make any other statements about the scope of services or the benefits for the customer through the advertising measures on the company search engine bailaho, such as on the information pages of the company search engine at bailaho.de, bailaho.de, bailaho.com, bailaho.ch and/or bailaho.at is communicated.
§ 2 Responsibility of bailaho GmbH
1. bailaho GmbH is not responsible for the transmission of data from the servers used by bailaho GmbH to the customer or third parties and assumes no costs and no responsibility for this.
2. The bailaho GmbH undertakes to observe the data protection regulations and to use data provided by the customer only within the legally permissible framework. The bailaho GmbH makes the adopted content available online to visitors of the Internet for purely informative purposes.
3. The customer is solely responsible for the data material, not bailaho GmbH. This relates in particular, but not exclusively, to the content, correctness, topicality, design and completeness of the data. The bailaho GmbH is also not responsible for content changes made by the customer or third parties attributable to him.
§ 3 Responsibility of the customer
1. The customer provides bailaho GmbH with all information required for the execution of the contract in good time. He assures that he is entitled to pass on and disseminate the data he has supplied and that he will observe the data protection regulations.
2. The customer is responsible for the correctness, completeness and legality of the data supplied by him. He expressly assures that this data is compatible with the applicable law and that he has all the necessary rights to use and exploit this content on the Internet. The customer fully indemnifies bailaho GmbH from all disadvantages that arise from violations of the law committed by him in relation to the content posted by him or data originating from him.
3. Under no circumstances will the customer make the services provided by bailaho GmbH accessible to third parties.
4. The customer will immediately notify bailaho GmbH of recognizable defects and disruptions in the services as well as imminent dangers (e.g. due to viruses) and indications of misuse by third parties. Within the framework of what is reasonable, he shall take all necessary measures to identify, isolate and document these defects and faults.
§ 4 Rights of bailaho GmbH
1. bailaho GmbH is entitled to carry out maintenance work on its own and third-party servers and databases etc. The bailaho GmbH will keep disturbances of the data retrieval as small as possible. The maintenance work is therefore primarily carried out outside of normal business and office hours, if possible. However, should there be any impairments on the part of the customer, there is no entitlement to a reduction in payment, termination of the contract or the assertion of claims for compensation, unless the impairments would be unreasonable for the customer. GmbH
2. bailaho GmbH is entitled to temporarily block or delete access to some of the data supplied if third parties can substantiate infringements of the law through the publication of the data or if there are justified doubts as to their legality for other reasons. The right to remuneration remains unaffected in these cases. If the customer does not succeed in proving legality within the period set for this purpose at the request of bailaho GmbH, bailaho GmbH is entitled to extraordinary termination.
§ 5 Posted content, rights of use
1. The customer is solely responsible for all content posted by him.
2. The customer undertakes to protect the rights of third parties, in particular their personal rights as well as rights of use, ancillary copyright and exploitation rights.
3. If the customer posts images, text, videos and the like, he assures that he either has the necessary rights himself (e.g. by writing the text himself, taking the picture himself) or at least obtaining the necessary consent from the respective rights holder (e.g. the author of the text, the photographer of the picture, the persons depicted).
4. The customer undertakes not to post any pornographic, immoral or illegal content of any kind. This includes, for example, content that is harmful to young people, radical right-wing or left-wing, offensive, inhuman, glorifies violence, insulting, slanderous or other comparable content. The same applies to links to such or comparable content.
5. Content suspected of violating the rights of third parties can be corrected, blocked or deleted by Bailaho at any time without prior consultation.
6. The customer is responsible for ensuring that content posted by him is free of malware, malware, viruses, Trojan horses or other programs or code that could endanger or impair the functionality or existence of the platform.
7. The customer undertakes to check compliance with these regulations before posting content.
8. Bailaho is neither responsible for the actions of the customer nor for those of third parties.
9. The customer agrees that bailaho GmbH stores his entry and the data provided in the databases and uses this data in the context of its business activities and in accordance with the statutory provisions. The customer permits Bailaho to use and exploit (i.e. in particular to reproduce, distribute, make publicly accessible and edit) the content and representations posted by the customer for its own purposes, e.g. within the framework of its own Advertising material from Bailaho (e.g. advertising flyers, advertising videos, etc., in which exemplary representations of certain customer profiles can be seen or similar). This applies indefinitely, even beyond the duration of the contractual relationship between the user and the provider.
10. The customer allows Bailaho to translate into another language and in this context to edit the content posted by the customer.
§ 6 Material defects and defects of title / liability
1. Bailaho does not guarantee any specific accessibility for the use of the Internet offer. Bailaho endeavors to enable maximum availability within its own sphere of influence. However, the customer is aware that constant availability cannot be guaranteed, since the function and availability of the Internet are not within Bailaho's sphere of influence. Bailaho can therefore assume no liability for minor or short-term impairments in the usability of the website of bailaho GmbH and the retrievability of individual entries. bailaho GmbH assumes no liability for access restrictions due to force majeure or other circumstances for which bailaho GmbH is not responsible.
2. Bailaho assumes no liability for the content, data and/or information provided by the customer or for content on linked external websites. In particular, Bailaho does not guarantee that this content is true, up-to-date or complete, that it fulfills a specific purpose or can serve such a purpose.
3. bailaho GmbH assumes no liability for the successful inclusion of websites, company addresses, advertising and offers on search engines, online platforms and advertising markets that do not directly belong to bailaho GmbH.
4. In principle, a prerequisite for rectifying faults and defects is their timely notification. Claims due to obvious defects that are not reported in writing within two (2) weeks of becoming aware or the opportunity to become aware of them are excluded.
5. The warranty takes place primarily through subsequent improvement. If the repair fails twice, the customer has the right to reduce the payment or to terminate the contract.
6. Bailaho is fully liable for injury to life, limb or health for which bailaho GmbH is responsible. This also applies in the case of liability under the Product Liability Act or in cases of intent or grossly negligent breach of duty. Bailaho is also liable for damage resulting from slightly negligent breaches of essential contractual obligations, but then limited to the typical average damage that was foreseeable at the time the contract was concluded.
7. Bailaho does not promise any improvements in positioning or ranking on other sites such as Google, Yahoo, Bing or other websites / search engines through booked SEO measures. Accordingly, Bailaho assumes no liability for such improvements.
§ 7 data protection
1. Bailaho collects, stores and processes the customer's personal data to the extent necessary for the execution of the contract and on the basis of data protection regulations.
2. Bailaho will not pass on personal data to third parties outside the scope required for the execution of the contract without the consent of the customer, unless Bailaho is legally obliged to do so.
3. The customer is aware that Bailaho has no influence on the use of the information entered by the user of bailaho GmbH.
§ 8 contract period
The contract is initially concluded for the period specified in the offer from the signature and/or confirmation by means of an order confirmation/invoice. It is not automatically extended by this period or by a period fixed in writing in the contract. For an extension of the order, a new order must be placed by the client.
§ 9 Terms of Payment
1. The prices shown at the time the contract was concluded apply. The price overview is provided by bailaho GmbH in the current form on the bailaho GmbH website. The remuneration for the publication of fee-based business entries is to be paid in advance at the beginning of the agreed contract period and is due immediately. The remuneration and its due date result from the respective order or the respective order confirmation. The obligation to pay is independent of the delivery of the data required for implementation by the customer. All amounts are net amounts to which sales tax is added.
2. After the end of the agreed contract period, bailaho GmbH is entitled to adjust the prices to the general cost development in the event of further orders.
3. The customer receives an invoice from Bailaho for the contractually agreed amounts. Unless otherwise agreed, invoices from Bailaho are due for payment without deduction no later than two weeks after receipt of the invoice by the customer.
4. In the event of a delay in payment, bailaho GmbH is entitled to block access to the customer's data. The obligation to pay and the assertion of the statutory damage caused by delay remain unaffected.
§11 Rights to the website
1. Bailaho is solely entitled to all trademark rights, rights to business designations, naming rights, trademark rights, copyrights, ancillary copyrights and other rights to the Bailaho website, its individual graphic and textual elements and its functionalities and services and may not do so without the prior written consent of Bailaho used, distributed, copied, reproduced, made publicly available, performed, broadcast or otherwise exploited.
2. A transfer of exploitation or other rights to the customer does not take place.
§ 12 Severability Clause
Should one of the provisions regulated here be or become invalid, the validity of the remaining provisions shall remain unaffected.
§ 13 Legal system, place of performance, assignment, offsetting
1. The law of the Federal Republic of Germany applies exclusively to the validity of these General Terms and Conditions, excluding the UN Sales Convention.
2. Place of performance and place of jurisdiction is Bailaho's registered office.
3. Rights and obligations arising from these GTC cannot be assigned or transferred in any other way without the prior consent of the other party.
4. The customer can only declare offsetting with counterclaims that are undisputed or have been legally established.
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