Terms and conditions These are the general terms and conditions of QaamGo Media GmbH,
Hohenstaufenring 62, 50674 Köln, Germany
hereinafter referred to as “Provider”.
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<strong>Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English.</strong> Preamble
The Provider provides an infrastructure on online-convert.com, which should facilitate the User to
transfer electronic files from one format into another using file converter programs as well as to store
those files on Internet servers.
§ 1 General and Application
(1) Following Terms and Conditions apply to every business relation between the Provider and the User as
Customer.
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(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into
a legal transaction for a purpose that is outside its trade, business, or profession.
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An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a
partnership with legal personality who or which, when entering into a legal transaction, acts in
exercise of its trade, business or profession.
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Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
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(3) Individual contract agreements have priority ante these general terms and conditions.
Diverging,
conflicting or complementary general terms and conditions do not become a part of the contract, unless,
their validity is expressly agreed.
§ 2 Service description and prices
(1) The Provider provides an infrastructure on online-convert.com, which should facilitate the Customer
to transfer electronic files from one format to another using file converter programs as well as to
store those files on Internet servers.
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The Provider performs for its Customer through the website online-convert.com extensive technical server
services, hosting services, and conversion services.
In this way, downloading and uploading of files in
various formats are allowed through the server of the Provider.
It allows converting files from one file
format to another using Software as a Service (SaaS) mechanism.
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The download includes the downloading of files for the permanent storage on a data carrier.
This includes the possibility to download already converted files, as above mentioned, from other serves
for further conversion.
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The upload includes the providing of files of the Customer in order to storage them on the server of the
Provider for the purpose of retrieving them by the Customer.
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In general, the services provide a user the ability to transform a file (a "User File") from its original
file format to a user-selected file format.
The services operate by storing the uploaded or downloaded
User File on a server, converting it into a new file format ("Converted File") and then providing the
user a unique, non-guessable download link to the Converted File.
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(2) To provide its services, the Provider provides the Consumer with a free certain basic service on the
website.
Customers can also access a chargeable premium account with advanced features and services.
This also includes a so-called API service, which is however only available for Entrepreneurs.
In this
regard, the specific terms of use for API-Services shall additionally apply according to section (4).
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The services provide the following types of service levels: "Free", "24h", "Monthly Subscription", and
"Yearly Subscription".
The Customer acknowledges and agrees that the Provider may establish general practices and
policies concerning the use of the services, including, without limitation, the maximum number of files
that a Customer may upload through the services, the maximum size of the files that a Customer may
convert through the services, the maximum number of hours or days that a file will be stored by the
services, and the maximum number of times a user may access the services in a given period of time.
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(3) The Provider provides memory space to the Customer within the framework of its operational and
technical possibilities and depending on the use of its services, in order to save files created by the
Customer through uploading or by transferring a download link.
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For this purpose, the Customer grants the Provider a right of use of the file, unlimited by time or
space.
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The Provider reserves the right to delete files or refuse uploads or file downloads provided that there
is not enough storage capacity.
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The Provider reserves the right to change or discontinue any of the services at any time.
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While the Provider tries to ensure that the services are error-free, he cannot guarantee that user files
or converted files will not be deleted or lost.
The Customer acknowledges and agrees that the Provider
will not be responsible for any failure of the services to convert a user file or store a user file or
converted file.
The Customer acknowledges and agrees that the Provider will not be responsible for the
deletion of a user file or converted file stored or processed during the provision of the services, or
for the corruption of or loss of any data, information or content contained in a user file or converted
file.
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(4) The specific scope of services depends on the corresponding description of the services offered by the
Provider, which are an essential part of these terms and conditions.
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The stated current prices shall apply.
The stated prices shall be binding.
All prices include the
statutory value-added tax.
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(5) The Customer has a right to compensation, provided that its counterclaims have been judicially
determined, recognized, or undisputed by the Provider.
The Customer may exercise a right of retention
only if its counterclaim is based on the same contractual relationship.
§ 3 Customer identification
(1) The services free of charge can be used without any registration.
Only registered Customers have
access to the chargeable services of the Provider.
As part of the registration process, the Customer
shall select a user name (email address) and a password.
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By completely filling the registration form and accepting these general terms and conditions, the Customer makes a binding offer to conclude a contract to use the offered and ordered services.
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Provided that the services of the Provider are subject to a charge, the Customer shall – if necessary –
truly and completely specify its bank and/or its credit card details as well as any changes to its data
without delay.
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The Customer will receive an email after registration that will request the confirmation of the
registration.
As soon as the Customer confirms the registration, the process is completed.
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(2) In case the Customer is aware of any misuse of its access data to the services of the Provider,
he shall immediately inform the Provider.
The Provider is entitled to block access to the used
services in case of misuse.
The suspension of the block will be possible by written request of the
Customer.
§ 4 Specific terms of use for API-Services
The following terms shall apply exclusively in regard to the use by the Customer of API-Services.
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(1) API means “Application Programming Interface”, which is a source code based specification intended
to be used as an interface by software components to communicate with each other.
An API may include
specifications for routines, data structures, object classes, and variables.
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With the API Customers can convert files regularly, outsource the conversion process to the Providers
server farm to speed up conversion time, and integrate a conversion service on the Customer’s website.
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(2) For getting started the Customer needs to register and has to obtain its personal API key.
After the
registration (section 3 Customer identification), the Customer has to extract the API key from the
confirmation email sent by the Provider.
For more details see “How to use our API to convert media files directly” https://apiv2.online-convert.com/ § 5 Terms and termination
The use of the services of the Provider is not bound to a specific period of time.
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The chargeable services of the Provider are subject to a certain contract period that arises from the
description of the services offered by the Provider, which are an essential part of these general terms
and conditions.
The right of the parties for extraordinary termination of the contract as well as the right to terminate
the recurring obligations for important reasons remain unaffected.
An important reason exists provided
that in consideration of all circumstances in the specific case and weighing up the interests of both
parties, the terminating part may not be reasonably expected to continue the contractual relationship
until the end of the agreed contractual period or until the expiration of the notice period.
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In this respect, the Provider has the right for extraordinary termination especially if the Customer
violates section 7 (2) of these general terms and conditions.
§ 6 Right of withdrawal for EU-Consumers <strong>- Withdrawal instructions for EU-consumers - <br>
<br> You have the right to revоke your contractual statement without giving reasons in written form (e.g., letter, fax, e-mail) within 14 days.
The cancellation period begins at the earliest on receipt of these instructions in written form, however, not before concluding the contract not either before performing our duty to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBBG (Introductory Act to the German Civil Code) as well as our duties according to § 312g paragraph 1 sentence 1 BGB (German Civil Code) in connection with article 246 § 3 EGBGB (Introductory Act to the German Civil Code).
The revocation period shall be deemed by sending the revocation in due time.
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<br> Declaration of revocation shall be sent to: <br>
<br> QaamGo Media GmbH<br> Hohenstaufenring 62<br> 50674 Köln<br> Germany<br> Email: time2talk@online-convert.com<br> Fax: + 49 7732 9391657<br>
<br> Consequences of the revocation <br>
<br> In case of a valid revocation, both parties shall return the achievement or benefits (e.g.
interests) received.
Should not be any possibility to return the benefits received, not completely either partly or just in degraded conditions, a compensation shall be paid.
This may mean that you must meet the contractual payment obligations for the period up to the revocation.
Payments shall be refunded within 30 days.
The period begins for you at dispatch of the notice of revocation, and for us with its receipt.
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<br> Your right of withdrawal will expire before maturity, if, due to your explicit approval, the contract is completely fulfilled by both parties before you have used your right to withdrawal.
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<br> - End of withdrawal instructions for consumers -</strong> § 7 General duties of the Customer
(1) The Customer is responsible for the availability of the technical requirements to use the benefits
of the Provider, particularly with regard to the used hardware and software, the Internet connection and
the compatibility with the usual browser software.
The Customer is also obliged to secure its computer system, particularly to carry out a data backup regularly and to install up-to-date antivirus software.
The Provider is not liable for virus damages, which could have been prevented by using the corresponding
software.
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(2) The Customer shall attend the effective laws of the Federal Republic of Germany as well as the
present conditions when using the services provided by the Provider.
He particularly shall:
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a) provide, as part of the application, true and complete information regarding its person and, if
necessary, regarding its authorized representative.
Particularly, its true first and last name as well
as its current address and – if necessary in order to use the services of the Provider – true and
complete details of the planned means of payment (such as bank details).
Should this information be
untruthful and should the collection of the fees not be possible or a return back debit affected by the
bank for this reason or for any other reason in the responsibility of the Customer, then the Customer
shall bear all associate expenditure as responsible part.
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b) not use the services of the Provider to view or spread neither immoral or illegal statements nor
pornographic and right-wing or violent contents.
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c) attend to the effective law of the Federal Republic of Germany, particularly the regulations
regarding data and youth protection as well as criminal ordinances.
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d) not violate rights of third parties, particularly copyright and ancillary copyright, trademark,
patent and other prоperty and personal rights.
Particularly with regard to the use of copyrighted works,
the Customer is responsible for obtaining the relevant rights concerning that use.
In particular, he
should obtain the necessary rights from the GEMA (German Society for Musical Performing Rights and
Mechanical Reproduction Rights) or other right collecting societies as trustees for the administration
of these rights.
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(3) As far as memory or storage capacity (central memory and fixed-disk storage) an is provided to the
Customer, he is not allowed to store any illegal, or infringing comments against the law or official
regulations or against the rights of third parties.
Following contents may neither be written nor
offered:
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a) Offers, which application, supply or distribution infringes industrial property rights (such as
trademark, patents, utility models and design rights), copyright and ancillary copyright and other
rights (such as the right to the own image, name and personal rights).
the offer of plagiarism is not
permitted.
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b) pornographic and harmful offers.
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c) propaganda articles and products from any unconstitutional organization:
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d) weapons as defined on the Weapon Act, particularly firearms, cutting and stabbing weapons of any kind
as well as ammunition of any sort.
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e) protected live animals, products, and preparations of protected animals as well as protected plants
and their preparations.
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f) bonds – especially shares – credits, loans, and financial aim.
money market and financial instruments,
excluded from historical bonds that are not in circulation anymore.
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g) debt obligations and court titles as well as other claims arising from collection legal transactions.
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h) vouchers, which are available free of charge for everyone.
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i) goods whose possession is lawful, but their use in the country of delivery is prohibited.
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j) human organs.
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k) goods for a lower price as the statutory fixed price, insofar as the fixed price is not charged and
there is no exemption.
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l) land and land rights.
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(4) The Customer is the sole responsible for the contents and for the accuracy of the transferred data.
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(5) The Customer is not allowed to convert files automatically using a scripting language.
The sole exception is by using our API service.
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(6) The Customer is not allowed to share his account and login data.
§ 8 Blocking of access
(1) The Provider reserves the right to revoke the right to access to its services or to reject the
registration of a Customer who misuses the services of the Provider or violates these general terms and
conditions.
The Customer will be immediately notified per email about this revocation of the right to
access or rejection of the registration.
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(2) If the Customer fails to meet its obligations under these general terms and conditions.
violations,
for which the Customer is responsible, the Provider is entitled, subject to any further claims, to
temporally fully or partially block the access to its services.
Thereof, the Customer will be
immediately notified per email.
§ 9 Infringing content policy
(1) Every user of the website has the possibility to report any violation of its intellectual property
rights caused by any content on online-convert.com.
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For this purpose, the Provider requires detailed information.
This information should content the
following:
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a) A statement that contents at online-convert.com infringe intellectual property rights of the user or
of third parties who authorised the user to act on their behalf.
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b) An identification of the copyright claimed to have been infringed, indicating a link to the relevant
content.
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c) Full name, address, telephone number and email address of the user.
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d) A statement, that the user is either the copyright owner or a person authorised to act on their
behalf.
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e) A statement that the user believes in good faith that the use of the content in the manner complained has been allowed neither by the intellectual property rights owner nor by any other for this purpose authorised person.
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(2) If desired that the complaint should be considered pursuant to the U.S.
Digital Millennium Copyright
Act section 17 paragraph 512(c), those requested in section 9 (1) shall be stated under penalty of
perjury.
Furthermore, an electronic or physical signature is also necessary under the above required
information.
§ 10 Payment terms
(1) Customers who use chargeable services of the Provider may pay in advance pre-cash / bank transfer,
by credit card or via PayPal.
The Provider reserves the right to exclude certain terms of payment.
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To realise the payment via PayPal, the Customer has to register under paypal.com.
The terms and
conditions of paypal.com shall apply [https://www.paypal.com/de/cgi-bin/webscr?cmd=p/gen/ua/ua-outside].
The provision of services shall only happen as soon as the invoiced amount is credited to the PayPal
account of the Provider.
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The exact payment method depends on the corresponding description of the services offered, which are an
essential part of these general terms and conditions.
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(2) Unless the parties agreed otherwise, the Customer undertakes to pay the whole price within fourteen
days when the contract dates are received by e-mail.
The Customer comes to default after the expiration of
the deadline.
During the default, the Consumer has to pay interest at a rate of at least 5 points above
the prime rate.
During the default, the Entrepreneur has to pay interest at a rate of least 8 points
above the prime rate.
Compared with the Entrepreneur, the Provider reserves himself to apply higher
damage caused by delay.
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(3) Unless stated otherwise in the description of the services, the begin of the availability of the
Service by the Provider will happen as soon as the complete invoice amount is credited to its account.
§ 11 Exemption
The Customer disclaims the Provider and its employees of all claims, which other customers or third
parties might have against the Provider because of violation of their rights through the data posted by
the Customer on the website online-convert.com or through provided files from the Customer on the server
of the Provider.
This includes the costs of reasonable litigations and related expenses.
For this
purpose, the Customer shall provide an adequate deposit based on the corresponding legal fees.
This does
not apply if the Customer is not responsible for the infringement.
§ 12 Warranty
(1) For the offered services, the Provider guarantees the average server availability of a monthly average
98 % or an annual average of 99 % provided that the Provider does not act deliberately or grossly
negligently.
Excluded from this are times, in which the server is not available due to technical or
other problems which are beyond the control of the Provider (including force majeure or negligence of a
third party).
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(2) Defects on services of the Provider will be corrected when possible according to the error
description made by the Customer.
This does not apply if the Customer is responsible for the
malfunction.
Further rights of the Customer are not affected.
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(3) The contents posted by the Customer on online-convert.com or using the server of the Provider are
external contents for the Provider as defined in § 7 paragraph 2 German Telemedia Act (TMG).
The Customer that posted the contents is the legal responsible.
The Provider is not responsible for the
descriptions, characteristics, and legal validity of the Customer’s stored data.
The Provider does not
guarantee the accuracy or completeness of the information and statements given by the Customer either
the identity or integrity of the Customer.
§ 13 Liability
(1) The Provider assumes no liability for the no-break availability of the server as well as for
system-dependent losses, interruptions, and disturbances of the technical equipment that are not in the
sphere of the Provider.
Particularly, the Provider is not liable for disorders in the quality of the
server operated by the Provider due to force majeure or events for which the Provider is not
responsible.
Among these are strikes, lockouts, legal company-internal labour dispute actions, and
official directives.
This also includes the entire or partial failure of the communication and network
structures necessary to own communication and network structures and gateways of other providers and
operators.
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(2) With slightly negligent breaches of duty the liability limits on, depending on the kind of product,
predictable, contractual, immediate average damages.
This is also valid to slightly negligent breaches
of the duty of the statutory agents or assistant or agent of the Provider.
The Provider is not liable for
slightly negligent violation of inessential contractual obligations.
However, the Provider is liable for
the violation of the Customer’s essential contract obligated legal positions.
Essential contract
obligated legal positions are those which the contract has to grant to the Customer according to the
subject matter and purposes of the contract.
The Provider is further liable for the violation of
liabilities whose fulfillment allows the proper realisation of the contract and in whose realisation the
Customer shall trust.
The preceding restrictions of liability do not concern Customer’s claims from
guarantees and/or product liability.
The restrictions of liability will not be applied in case of
fraudulent intent, violation of the essential contractual obligations nor if the Provider is accusable of
personal injury, impairment to health, and death of the Customer.
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(3) The Provider is not liable for a loss of data and/or programs as far as such damage is a consequence
of the Customer’s failure to make data backups and guarantee a restoration of the lost data at
reasonable efforts.
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(4) The Provider is only liable for the own contents on its web page online-convert.com.
As far as
access to other web pages by means of links is possible, the Supplier is not responsible for the
external content.
The Provider does not embrace external content.
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In case that the Provider is informed about illegal contents on external web pages, the Provider will
remove the link provided that this is technically possible and reasonable to him.
§ 14 Rights of the Provider All copyrights, trademark rights or other intellectual property rights to the website
online-convert.com, contents created by the Provider, data and other elements belong exclusively to the
Provider.
Possible rights of the Customer to the contents submitted by him or transmitted to the Provider remain unaffected.
§ 15 Privacy Policy
(1) Customer data are collected, stored and processed by the Provider in compliance with currently
effective norms relative to the protection of personal data for the fulfillment of the contract.
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(2) Personal data collected during the registration and performances of the services are treated in
strict confidence.
These data are collected, stored and processed when legally allowed or in case that
the Customer consents herein.
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(3) The Provider is obligated to inform the Customer at any time upon request thoroughly and free of
charge in regard to the stored data provided that it affects him.
The Provider will neither pass on this
data nor the contents of private messages of the Customer to third parties without its consent.
However,
this is not applicable if the Provider is legally obligated to disclosure such data to third parties, in
particular governmental authorities or as far as internationally technical standards require doing so
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(4) The Provider points out to the Customer that personal data (user-related data) and other information
concerning its use (connection data) (i.e.
access passwords, up- and downloads), will be stored during
the lifetime of the contract as far as it is required to fulfill the purpose of the contract, in
particular for invoicing.
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(5) The Provider is entitled to pass anonymous user information to third parties for demographic
purposes.
These anonymous data may be used to generate statistics and quality assurance.
§ 16 Change of the general business regulations
(1) The Provider reserves the right at any time to make changes to these general terms and conditions
under the adequate prior notice of at least two weeks.
The announcement will be served through the publication of the changed general terms and conditions on the Internet indicating the effective date on the website
online-convert.com.
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(2) If the Customer does not disagree within two weeks after publication or if the Customer continues
using the ordered services offered by the Provider after the expiration of the period, the changed terms
of business are considered as accepted.
In particular, the change announcement will be pointed out to
the two weeks term.
In the case of objection, the contract remains with no changes in content and with the
current terms and conditions.
However, the Provider is entitled to terminate the contract.
§ 17 Applicable law and jurisdiction
(1) This agreement shall be governed by the laws of the Federal Republic of Germany.
The UN Convention
on Contracts for the International Sale of Goods regulations shall not be applied.
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(2) If the client is a merchant, statutory juristic person, or public law special legal estate, the
jurisdiction for all litigations from this contract shall be the Court in which the Provider’s business
location has its seat, provided that an exclusive jurisdiction is not given.
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The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not
known at the time of the filing of the action.
§ 18 Final Clause
If any provisions of these Terms and Conditions are found to be partially or totally invalid, the validity of the remaining provisions will not be affected.
<p> Version 1.4, 6.
May 2020
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