T
erms and conditions createweb – rainer haage

I General Provisions

1. Contractors

Contractors are Createweb – Rainer Haage, Braenkrug 62,

22159 Hamburg, Germany and the customer.

2. Subject matter

2.1 The subject matter is apparent from these Terms and Conditions (GTC) as well as from the arrangements, expressed in the product / service descriptions. These are ruling the purchase of software and / or services that are sold through createweb.de / createweb.nz. Individual programming solutions and website creation are not part of these terms and conditions. These will be negotiated individually, based on German law.

2.2 The customer accepts the license(s) of the software / service by legitimating the Terms. Licenses are included in electronic form in the software and are listed in the product / service descriptions.


3. Terms of the shop system.

3.1 The customer must sign up to use the software store and to purchase Software / Software Downloads / services. Registration is free. The registrant may only be of legal age or legal person.

3.2 User Accounts

3.2.1 After registration, each customer receives a user account

3.2.2 The customer can only buy software or services with an activated account on createweb.de / createweb.nz.

3.2.3 The customer can cancel his account at any time by request.

3.2.4 Should the customer not use his account over a period of 2 (two) years, his account may be deleted.

3.2.5 All personal data are stored in the shop-system and will be treated confidential in accordance with German data protection provisions.

3.2.6 Createweb – Rainer Haage reserves the right to delete or block an account immediately and without any consultation by suspected or proven abuse.

3.2.7 Costs will be billed to the customer by reasonable, substantial suspicion of abuse or if abuse is proven.

3.3 Software and / or the service key(s) are only available and downloadable at the customer account. In case of technical problems and in special cases, software and / or service keys are sent to the customer via email.

3.4 Invoices are only available in PDF format. The invoice is also accessible through the user account and will be sent in special cases and in case of technical problems via email.

3.5 Software downloads can be limited in time and quantity. Product / service descriptions are explicitly referring to such limitations. The period of a temporary download begins right after an order’s status becomes "paid". After the deadline or after reaching the maximum amount of downloads the service will be blocked. Quantitative and temporal boundaries of a product may change. Limitations of completed purchases remain unaffected.

3.6 The offer of download periods and multiple download options is only a means to

comply the contract of sale / service. Especially in the acquisition / provision of software, the contract / the service is considered fulfilled if the customer has at least one time successfully downloaded the software. A right to continue and complete the download time and re-download option is void after the receipt of the application.

The claim doesn’t expire if the deadline and the limited multiple download as a service are the subject of a purchase or service contract. This special position must be explicitly and clearly described in the product / service description. The customer must ensure the security of the downloaded software.

3.7 In the event of system failure / unavailability for products with a time limit on temporary downloads, the expired time in which a customer could not access these supplements will be added to the deadline. Unless (under the conditions of 3.6), the customer has at least once successfully downloaded the product. The additional time will be calculated from the time when the customer has informed Createweb – Rainer Haage about the system failure.

3.8 Software downloads, service key, and PDF invoice will be activated and enabled when the outstanding amount of the order has been received in full. If using PayPal payment, this will automatically verified. For customers based in Germany, which are using payment by bank transfer the receipt will manually reviewed and unlocked. In case of subsequent withdrawal of a referral Createweb – Rainer Haage reserves the right to disable downloads, service key and PDF invoices. A deadline extension as described in 3.7 is excluded at a redemption payment, because the customer is the cause of the inaccessibility.

3.9 A purchase or service contract is concluded when the customer completes the purchase and confirms to the Terms and Conditions of Use and the right of withdrawal at createweb.de / createweb.nz. Legitimating of the terms and conditions concludes the confirmation and approval of the license(s) (after 2.2) of a software / media.

3.10 For products of third-party manufacturers distributed by Createweb – Rainer Haage on createweb.de / createweb.nz only the provisions of "I. General Provisions” are valid. Other rights and obligations are derived from the terms of the manufacturer and the licensing of the target product.


4. Payment Terms

4.1 Billing on createweb.de proceeds according to the customer's chosen payment method.

4.2 Payment by bank transfer is available exclusively for customers with office and bank account in Germany.

4.3 Payments via PayPal must be declared as completed immediately after the transfer.

4.4 The Customer shall pay the prices that are incurred through the authorized or unauthorized use of createweb.de / createweb.nz services by third parties, if and insofar as (s) he is responsible for such use.


5. Offsetting and retention

A customer is entitled to the right of offsetting only if his counterclaims have been established or are undisputed by Createweb – Rainer Haage. He is also authorized to use the right of retention only insofar as his counterclaim is based on the same contractual relationship.


6. Liability of Createweb – Rainer Haage

6.1 Createweb – Rainer Haage is only liable for intent or gross negligence.

6.2 Createweb – Rainer Haage is not liable for third-party manufacturer’s products. The terms of liability of distributed third-party products are derived from the license of the product and the terms of the manufacturer. The manufacturer is liable for his products.

6.3 Createweb – Rainer Haage is not liable, according to the license, for products which are subject to a free license. Free licenses such as for example the GNU GPL, GNU LGPL, BSD, etc. are intended to refer to the exclusion of liability and the non-warranty. This is realized with 6.3 in the terms and conditions.

6.4. Createweb – Rainer Haage is not liable for products whose licenses are excluding liability and warranty, if the product should be offered free of charge. This is so, if Createweb – Rainer Haage charges for a service or for the provision of a download and not for the purchase of software or software license.

6.5 If a license does not or not entirely clarifies liability and warranty, Createweb – Rainer Haage is not liable for the appropriate product if it is charged for free. The liability for any (monetary) free software or service is excluded.

6.6 Createweb – Rainer Haage is not liable for material or immaterial damage caused by the customer related to the shop or any purchased product on createweb.de / createweb.nz.


7. Withdrawal

Is listed separately under createweb.de / createweb.nz and must be confirmed by the customer as viewed, printed, and perceived before purchase.


II Software and other electronic Media

The use and the legal relations of a software / electronic media will be determined in the license / licenses of the software / electronic media.


III Services / Service Packages

1. Description

Createweb – Rainer Haage offers 4 (four) types of services: Download access, help desk, update service and support.

These services can be offered both individually and in combined form (as a service package) on createweb.de / createweb.nz. The scope of services is specified in the product / service description.


2. Restriction of services / service packages

The use of Services / service packages can have deadlines, and can be limited in quantity.

2.1 A time-based service begins immediately after the successful purchase of the service.

2.2 If a service is limited by a deadline and maximum use, the end of the service period rules out the claim to completeness and usage of a maximum use.

2.3 If a service is limited by a deadline and maximum use, the attainment of the maximum amount of use rules out the claim to completeness and usage of the entire service period.

2.4 A limited service will be not automatically renewed. After the deadline or reaching a predetermined limit the contract is fulfilled and the customer must re-acquire the service to extend or renew it.

2.5 In case of unavailability or inaccessibility of a temporary service Createweb – Rainer Haage is required within 48 hours after the announcement to allow access again. Only after the elapse of 48 hours response time legal claims can be asserted. This rule does not come into force with force majeure.


3. Download access

3.1 In a download access the customer purchases the opportunity to download a medium.

3.2 The download access is only the subject of a sales contract if this is explicitly stated in the product / service description. This is particularly the case if the product description is using the word "download fee".

3.2.1 If a download access is limited in time and volume the availability of download period and maximum downloads is subject of the sales contract if point 3.2 is satisfied.

3.2.2 In elapsed time or by using the maximum downloads in time or quantity limited access, the authorization to download a medium expires, even when the medium was not downloaded or is lost on the customer's debt.

3.3 If the download access is the subject of a sales contract the customer has a claim on the availability of the service.

3.4 If the download access is not the subject of a sales contract the customer has no claim on the availability of the service after (s) he has at least one time successfully downloaded the media.


4. Helpdesk

4.1 The help desk is an information portal to an electronic medium.

4.2 A helpdesk service of Createweb – Rainer Haage is always limited to the access of the service. Timeliness, accuracy, completeness or quality of the information is not subject to the sales contract.

4.3 Liability is excluded under the terms of I. 6.


5. Update Service

5.1 An update service offers the possibility to update a software developed by Createweb – Rainer Haage automatically, or by installing packages.

5.2 Unless otherwise expressly agreed, this serviceis limited to the access to an update server, or access to the download portal of the update packages.

5.3 Liability is excluded under the terms of I. 6.

5.4 The Update Service is an "if-available-service”. This means that there is no claim for an update. An update is available if Createweb – Rainer Haage has published one.

5.5 A time limited update service does not entitle to a claim for an update (based on 5.4). The obligation of Createweb – Rainer Haage is limited to the enabling of access to any updates.


6. Support Service

6.1 A support service allows customers to ask technical questions about a product by Createweb – Rainer Haage.

6.2. Unless otherwise expressly agreed, the support service is limited to the provision of the technical possibility to get in contact with the support center and excludes the obligation to answer questions.

6.3. Liability is excluded under the terms of I. 6.

6.4 Customer questions that are self-explanatory or are already declared in a manual or the help desk are excluding the obligation to answer those questions, even if an agreement was reached to compulsory answer (limited) questions.

6.5 Questions at an obligatory support service, which are based on technical problems with the runtime environment of the customer, are excluded from the obligation.

6.6 A question is considered answered if it is responded by email. The timeliness, accuracy, completeness or quality of the answer is not the subject of a compulsory or non-compulsory Support Service.

6.7 The only acceptable communication channel is the contact possibility provided by
Createweb – Rainer Haage and the response by email. The questioner has to take care that the reply email address is valid and that the answer will not be screened by a spam filter.


IV Final Determination


1. Applicable law, place of performance and jurisdiction, contract language

It shall be the law of the Federal Republic of Germany excluding the UN sales law and the rules of conflict of law principles. Place of fulfilment of the contract is Hamburg - Germany.

If the customer is a merchant, or has no general jurisdiction in the Federal Republic of Germany, Hamburg – Germany is agreed as the venue for any property disputes arising from this contract, if no action is based on exclusive jurisdiction. In linguistic ambiguities in relation to translations of the shop and the terms and conditions or in other cases of doubt and interpretation problems, the German text version is the ultimately binding.


2. Individually negotiated terms and changes to the contract

Individually negotiated terms, contract amendments and additions require for their validity to be in writing or to be transmitted by fax, provided it does not appear something else from these Terms.


3. Amendments to the Terms and Conditions

Changes to Terms and Conditions of Createweb – Rainer Haage will be communicated to the customer at least four weeks before coming into force by email.

Unless the customer contradict within four weeks after notification of the changes, they shall be deemed to be accepted and effective part of the contract. Createweb – Rainer Haage undertakes in communicating the revised Terms and Conditions to refer again to this particular legal consequence.


4. Ineffective contract provision

If a treaty provision or a provision in the terms and conditions should be totally or partly ineffective or become ineffective, the validity of the contract or the terms and conditions shall not affect the rest. In place of the invalid condition occurs one which meets the purpose of this provision in a legally effective manner in the next. This applies to the case that there is a loophole.