Terms and Conditions
General Terms and Conditions (GTC) of bailaho GmbH
§ 1 General, services, validity of these terms and conditions, discounts, intermediaries
1. bailaho GmbH (also called "Bailaho" in the following) is the operator of the Internet portal "Bailaho", which can be reached under various top-level domains (.de, .eu, .at, .ch, .com) Bailaho is an online business directory that allows you to search for business addresses on the Internet The user can obtain information from various categories Bailaho provides the following services, either directly or through third parties, in accordance with the service offer published on the Internet at the time of ordering: 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 websites of other providers b) the creation from Internetseitennach customer's request.
2. bailaho GmbH provides services exclusively on the basis of these Terms and Conditions. Other conditions do not apply even if the bailaho GmbH does not contradict this or the customer gives the order under reference to its own terms and conditions. The placing of an order is binding and not bound to any form. Telephone or online orders are confirmed by bailaho GmbH in writing without delay. In the event of differences between the telephone agreement and the content of the order confirmation sent by bailaho GmbH, the customer must notify the latter immediately if he is a merchant within the meaning of the HGB. Otherwise, the contract is binding according to the content of the order confirmation.
3. Complaints due to incomplete or recognizable defective performance must be reported to Bailaho in writing no later than 10 days after commencement of performance or after the time of recognizability, if this is later than that.
4. The bailaho GmbH uses these terms and conditions only to entrepreneurs (§ 14 BGB) in the context of their commercial or independent professional activity (hereinafter "customer"). By placing an order the customer declares legally binding that he acts as an entrepreneur. Bailaho is entitled to prove the entrepreneurial property by submitting documents (commercial register extract, business registration, etc.). In individual cases, bailaho GmbH can agree special conditions with consumers if necessary. The customer must expressly refer to his consumer property before conclusion of the contract, if this is not obvious.
6. bailaho GmbH holds within the framework and for the duration of the contractual relationship the content and data provided by the customer on own or third-party servers for internet retrieval.
7. bailaho GmbH reserves the right to modify, supplement or partially delete the internet pages of bailaho GmbH in their entirety or parts thereof, even without prior notice, provided that the entry of the customer is not affected. It also reserves the right 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. Should special prices or discounts have been agreed that deviate from the price list of Bailaho, these are only valid for one contract period. In the case of renewal of the contract by a new order placed by the customer, the regular prices shall apply according to the current price list of Bailaho, unless otherwise agreed individually or a renewed discount is granted for the newly concluded term.
9. Authorized agents, advertising agencies, representatives, etc. are obliged to adhere to the price list of bailaho GmbH in their offers, contracts and settlements with the clients. An agency fee / commission granted in individual cases by bailaho GmbH may not be passed on in whole or in part to the client. Furthermore, intermediaries, advertising agencies, agents, etc. may make no other statements about the scope of services or benefits for the customer through the advertising on the company search engine bailaho, as on the information pages of the company search engine at bailaho.de, bailaho.eu, bailaho.com, bailaho.ch and / or bailaho.at is communicated.
§ 2 Responsibility of bailaho GmbH
1. bailaho GmbH is not responsible for the transfer of data from the used servers of bailaho GmbH to the customer or third parties and assumes no costs and no responsibility for this.
2. bailaho GmbH undertakes to observe the data protection regulations and to use data provided by the customer only to the extent permitted by law. The bailaho GmbH makes the acquired contents available to visitors of the internet for purely informative purposes online.
3. For the data material is not the bailaho GmbH, but only the customer responsible. This applies in particular, but not exclusively, to the content, accuracy, timeliness, design and completeness of the data. Bailaho GmbH is also not responsible for changes in content made by the customer or by third parties.
§ 3 Accountability of the customer
1. The customer gives bailaho GmbH all necessary information for the execution of the contract. He affirms that he is entitled to disseminate and disseminate the data supplied by him and, in turn, to comply with the data protection regulations.
2. The customer is responsible for the accuracy, completeness and legality of the data supplied by him. He expressly assures that this data is consistent with applicable law and that he has all the necessary rights to the use and exploitation of such content on the Internet. The customer fully indemnifies bailaho GmbH from all disadvantages that arise as a result of infringements committed by him in relation to the content he has posted or data originating from him.
3. Under no circumstances will the customer make the services provided by bailaho GmbH available to third parties.
4. The customer shall immediately notify bailaho GmbH of any apparent defects and disruptions to the services as well as imminent dangers (eg due to viruses) and indications of misuse by third parties. As far as reasonable, he shall take all necessary measures to identify, limit and document these defects and disruptions.
§ 4 Rights of bailaho GmbH
1. bailaho GmbH is entitled to perform maintenance work on its own and third-party servers and databases etc. Disruptions to data retrieval will be kept as low as possible by bailaho GmbH. Maintenance will therefore be carried out outside normal business and office hours, if possible. Should there nevertheless be adverse effects on the part of the customer, there is no entitlement to a reduction of the remuneration, termination of the contract or to the assertion of compensation claims, unless the impairment would be unreasonable for the customer. Ltd.
2. bailaho GmbH has the right to suspend or delete the access to individual data provided that third parties assert a breach of law by publishing the data or for other reasons have legitimate doubts as to its legality. The compensation claim remains unaffected in these cases. If, upon request of bailaho GmbH, the customer fails to prove that it is legal within the deadline set, bailaho GmbH is entitled to extraordinary termination.
§ 5 Discontinued content, rights of use
1. The customer is solely and solely responsible for all content posted by him.
2. The customer undertakes to protect the rights of third parties, in particular their privacy rights and use rights, performance protection and exploitation rights.
3. Insofar as the customer discontinues pictures, texts, videos and the like, he assures either to have the necessary rights himself (eg in which he has written the text himself, has made the picture himself) or at least in advance the required approval of the respective rights owner (eg the author of the text, the photographer of the image, the depicted persons).
4. The customer undertakes not to discontinue pornographic, illegal or unlawful content of any kind. These include, for example, harmful to minors, right-wing or leftist, offensive, inhuman, violent, insulting, slanderous or other similar content. The same applies to the link to such or similar content.
5. Content that is suspected of violating the rights of third parties can be corrected, blocked or deleted at any time by Bailaho without prior consultation.
6. The customer is responsible for ensuring that content posted by him is free from malicious software, malware, viruses, Trojans or other programs or code that could jeopardize or impair the functionality or the existence of the platform.
7. The customer undertakes to check compliance with these regulations before uploading any content.
8. Bailaho is not responsible for the actions of the customer or third parties.
9. The customer agrees that the bailaho GmbH stores its entry as well as the provided data in the databases and uses this data in the context of its business activities and in accordance with the legal regulations. The customer allows Bailaho locally and temporally unrestricted and irrevocably used by the customer content and representations even for their own promotional purposes to exploit and exploit (ie in particular to reproduce, disseminate, make available to the public and edit), for example, within their own Advertising material from Bailaho (eg advertising flyers, advertising videos, etc., in which exemplary representations of certain customer profiles can be seen, etc.). 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 process the content posted by the customer.
§ 6 Material and legal defects / liability
1. Bailaho does not guarantee accessibility for the use of the Internet offer. Bailaho strives to provide maximum access within its own sphere of influence. The customer is aware, however, that permanent accessibility can not be guaranteed because the function and availability of the Internet are beyond the control of Bailaho. Bailaho can therefore assume no liability for only insignificant or short-term impairments to the usability of the Internet offer of bailaho GmbH and the retrievability of individual entries. For access restrictions, which are due to force majeure or other circumstances for which bailaho GmbH is not responsible outside of the sphere of influence of bailaho GmbH, bailaho GmbH assumes no liability.
2. Bailaho assumes no liability for the content, data and / or information provided by the customer as well as for content on linked external websites. In particular, Bailaho does not warrant that such content is true, current, or complete, that it can serve a purpose or serve such purpose.
3. bailaho GmbH accepts no liability for the successful inclusion of websites, company addresses, advertisements and offers on search engines, online platforms and advertising markets, which do not belong directly to bailaho GmbH.
4. In principle, a prerequisite for the rectification of faults and defects is their timely notification. Claims for obvious defects that are not reported in writing within two (2) weeks of the date of knowledge or opportunity for information are excluded.
5. The warranty is given primarily by rectification. If the rework fails twice, the customer has the right to reduce the reimbursement or terminate the contract.
6. Bailaho is fully liable for any injury to life, body 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 damages resulting from slightly negligent violations of essential contractual obligations, but then limited to the typical average damage foreseeable at the time the contract was concluded.
7. Bailaho promises no improvements in the 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 Privacy
1. Bailaho collects, stores and processes the personal data of the customer to the extent necessary for the performance of the contract and on the basis of the data protection regulations.
2. Bailaho will not disclose personally identifiable information to third parties outside the scope required to perform the contract without the consent of the customer, unless Bailaho is required to do so by law.
3. The customer is aware that Bailaho has no influence on the use of the information entered by him by the users of bailaho GmbH.
§ 8 contract period
The contract is initially concluded for the period specified in the offer as of signature and / or confirmation by means of order confirmation / invoice. It is not automatically extended by this duration or by a period of time fixed in writing in the contract. For a renewal of the contract, a new order placement on the part of the client is necessary.
§ 9 Terms of payment
1. The prices stated at the time of the conclusion of the contract apply. Bailaho GmbH provides the price overview in the respectively valid form on the internet pages of bailaho GmbH. The fee for the publication of paid business entries is payable in advance at the beginning of the agreed contract period and is due immediately. The remuneration and its due date are based on 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 VAT is added.
2. After expiry of the respectively agreed contract period, bailaho GmbH is entitled to adjust the prices of the general cost development in case of further commissioning.
3. The customer receives from Bailaho an invoice for the contractually agreed amounts. Unless otherwise stipulated, invoices from Bailaho are due for payment without any deductions to the customer no later than two weeks after receipt of the invoice.
4. In the event of default in payment, bailaho GmbH is entitled to block access to the customer's data. The obligation to pay as well as the assertion of the statutory damage caused by default remain unaffected.
§11 rights to the website
1. All trademark rights, business name rights, naming rights, trademarks, copyrights, ancillary copyrights and other rights to Bailaho's website, its individual graphic and textual elements and its functionality and services are the sole responsibility of Bailaho and may not be used without the prior written consent of Bailaho used, distributed, copied, duplicated, made public, listed, sent or otherwise used.
2. A transfer of exploitation or other rights to the customer does not take place.
§ 12 Severability clause
Should one of the regulations regulated here be or become ineffective, the effectiveness of the remaining regulations remains unaffected.
§ 13 Legal system, place of performance, assignment, offsetting
1. For the validity of these Terms and Conditions, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Convention.
2. Place of fulfillment and jurisdiction is the seat of Bailaho.
3. Rights and obligations arising from these terms and conditions can not be assigned or otherwise transferred without the other party having previously given their consent.
4. The customer can only explain the set-off with such counterclaims which are undisputed or legally established.