Brantrix LLC, 10a Kedia St., T'bilisi, Georgia
As of: 27.07.2018
Table of Contents
§ 1 Scope
§ 2 Conclusion of a contract
§ 3 Service description / scope of services
§ 4 special services
§ 5 Third Party / Third Party Services
§ 6 Prices and Terms of Payment
§ 7 Late payment
§ 8 Contents, license, copyright, usage rights
§ 9 Data Protection, Data Protection and Transmission
§ 10 delivery and service periods
§ 11 Contract duration and termination
§ 12 acceptance
§ 13 Warranty
§ 14 Liability and claims for damages
§ 15 Final Provisions and Jurisdiction
1. These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the website https://www.brantrix.com and Brantrix (the "Service") operated by BRANTRIX LLC ("us"). , "we", or "ours").
2 By ordering on the Service, you agree to these terms and conditions and accept all legal consequences. If you do not agree to all or part of these terms, please do not use the service.
3.Please read these terms and conditions carefully before using our website and Brantrix (the "Service"). Your access to and use of the Service is based on your acceptance and compliance with these terms. These terms apply to all visitors, users, and others who access or use the Service.
4. Deviations from these GTC, additional agreements and subsidiary speeches are only effective if they have been agreed in writing or confirmed in writing by us.
5. The GTC of the Brantrix is published on the Brantrix website under the Internet address: https://www.brantrix.com/terms/.
6. Changes to the terms and conditions will be communicated to the customer by email at least 4 weeks prior to entry into force. If such changes are not objected to within one month of delivery, they will be considered accepted. Brantrix may terminate within 3 weeks if the customer objects in due time. If Brantrix does not accept this option, the contract will continue under the old conditions. If the changes are to the detriment of the customer, the customer is entitled to terminate the contract.
1. The contracts awarded to Brantrix are divided into the conception and preparation of services and internet presentations, depending on the scope of the contract. Unless otherwise agreed, separate contracts will be concluded for both areas, even if the customer uses both areas.
2. Service agreements are made in writing between the customer and Brantrix on the basis of an offer.
3. Changes made by the customer to the content of the service description on which an offer is based require the written confirmation of Brantrix.
4. Offers are non-binding with regard to the fee information. Brantrix is authorized to reject orders.
5. By ordering a paid service, the registered customer enters into another contractual relationship with Brantrix that is separate from the registration. The user is informed prior to entering into this contractual relationship about the respective paid service and the terms of payment. The contractual relationship arises when the customer confirms the order and payment obligation by clicking on the "Order Now" button.
6. You agree that you receive invoices electronically. Electronic invoices will be made available to you by e-mail or in our Partner account on the website. We will inform you for each service if an electronic invoice is available. For more information about electronic invoices, visit the partner website.
1. The nature and extent of the support and services are determined by contract. Based on the binding information, documents and resources provided by the customer. There is a protocol-based determination of the services to be provided and their scope. This description of services must be checked and confirmed by the customer for correctness and completeness.
2. General descriptions of Brantrix can be found online on the Internet at: https://www.brantrix.com/
3. If Brantrix provides free of charge services, these services may be discontinued at any time upon prior notice or made subject to a charge. This applies to personal or telephone assistance but also other services. Likewise, the customer provides all necessary information and documents for the execution.
1. Additional services due to changes in the customer's performance specifications as well as special requests or changes that arise after the conclusion of the contract and that exceed or alter the agreed scope require separate compensation. These will be listed and billed to the customer, provided that the customer has been informed about the extra work and the resulting costs.
2. The customer shall reimburse Brantrix for all ancillary costs and expenses, travel and accommodation proven in connection with the order. Travel time is considered working time. The contracting parties agree on necessary travel, means of transport and dates.
1. External services are the awarding of service and work contracts to third parties. Providing access to the Internet at a third party.
2. If third-party services are used in connection with an order, the general terms and conditions of the relevant provider apply.
3. Brantrix is entitled to commission service providers and vicarious agents to change at any time without a separate notification, if this does not cause any disadvantages for the customer.
1. All offers and prices are non-binding and are non-binding and are to be understood as cash prices. These do not include VAT.
2. The prices of Brantrix are visible to the customer on the website.
3. Individual contracts shall be based on the prices applicable at the time the order or contract was signed. Unless otherwise agreed, the invoice amounts are payable without deduction within 10 days of the date of issue of the invoice, or at the latest by the date stated on the invoice.
4. Settlement can be made using the following means of payment:
5. In the event of a return debit to be represented by the customer Brantrix charges a lump-sum compensation of € 8 (eight euros). The customer can prove that the damage did not occur at all or is significantly lower than the lump sum. The above provisions shall apply mutatis mutandis to payments of the purchase price of goods sold by third parties.
Payment in advance
1. A delay in payment occurs with the exceeding of the terms of payment, which result from §7 of these terms and conditions or are listed on the invoices.
2. In the event of late payment, Brantrix may deny further performance of the service upon prior notice. Any costs incurred until then will be charged accordingly.
3. Brantrix is entitled to charge default interest in the amount of 10% above the base interest rate of the bank from the beginning of default. The Brantrix reserves the right to assert further claims.
4. If the payment terms are not met for a period of 30 days, the customer ceases to pay, or circumstances become known that calls into question the creditworthiness of the customer, all payment obligations arising from the business relationship with the Brantrix are immediately due and payable. Further services are then only against advance payment. Furthermore Brantrix is entitled to withdraw from unfulfilled contracts, whereby further claims remain untouched.
1. The customer assures that he has the license rights, the software to be installed, for copyright infringement, the customer is responsible. Corresponding performance of duties is the responsibility of the customer.
2. The customer indemnifies Brantrix from all claims of third parties regarding the data provided by him.
1. The contracting parties undertake to keep silent about all business and operational matters that have become known to them and to keep secret all documents, data and information from the business area of the contracting party that they have received during the course of the contract, which are neither obvious nor generally accessible. This obligation also applies after termination of the contract.
3. If data is copied and archived as part of the contractual relationship with Brantrix and possibly stored beyond the end of the contract, Brantrix undertakes to keep unpublished data confidential and inaccessible to third parties.
4. The sending of data, documents and templates of any kind in digital or printed form or on data carriers, is at the risk of the customer. The customer has to prevent any loss of data by providing backup copies in advance.
1. Deadlines for services or deliveries require the written confirmation of Brantrix in order to be binding. Delivery times and deadlines are only approximate unless stated as binding by written confirmation. The periods begin with the receipt of the order confirmation, partial deliveries are permitted and can be invoiced separately.
2. If deadlines are not met due to the fault of Brantrix, then the customer is entitled to withdraw from the contract or to reduce the price to a reasonable extent. If, after a reasonable period of grace, the agreed service is not provided in substantial parts without the fault of the customer. A delay in delivery does not occur if the creditworthiness of the buyer gives rise to the retention of deliveries.
3. Compliance with the execution dates is to be made possible by a timely, complete provision of all necessary documents by the customer. Delays in delivery and cost increases resulting from incorrect, incomplete or subsequently changed specifications shall be borne by the customer.
4. Brantrix is not responsible for events caused by force majeure or disturbances in the area of technical services or commissioned third parties. This leads to a reasonable extension of the delivery and performance period. The customer as well as Brantrix have the right to withdraw from the contract if the extension of the delivery time for one of the above reasons is more than three months.
1. If this contract is not terminated as stated here, this contract extends to and ends upon completion of the service.
2. For individual orders, the contractually stipulated contract duration and cancellation modalities apply.
3. If a user has registered for a paid service, he / she may cancel at least 14 days before the booking period. If this deadline is not met, ends after completion of the service. A termination is possible by e-mail or letter and will be confirmed by us in writing. In order to be able to assign your cancellation, the complete name, the deposited e-mail address and the address of the customer should be indicated. In the event of an extraordinary termination, the customer undertakes to pay Brantrix for all services rendered up to the date of termination.
4. If the customer incurs disadvantages due to changes in these terms and conditions or in the price lists of Brantrix, the customer has the right to terminate the contract without notice within 14 days of receipt of the change notice. The obligation to pay for services provided until the termination date remains unaffected.
5. Right of withdrawal :: Agreements can be revoked in writing within 10 days.
6. The termination of the infringement does not preclude the terminating party from exercising any other remedies for infringement.
1. The services provided must be accepted by the customer upon acceptance. This is done through a service or an appropriate explanation. Any defects that occur are to be reported by the customer to Brantrix in writing within 14 working days after handover to the customer. If Brantrix fails to remedy the situation, the customer may demand a cancellation of the contract or a reasonable reduction of the price to the exclusion of all further claims. However, this requires a second possibility for rectification. If no notification is made within the time limit specified above, the services rendered are deemed accepted.
2. Any subsequent improvements or remedy of defects must be documented by Brantrix and accepted by the customer.
3. If the customer withdraws from the contract or if the customer does not accept the goods or only partially does not, then he is in default of acceptance. In the event of a default of acceptance, Brantrix is entitled to insist on fulfillment of the contract or to claim damages for non-performance. Brantrix may claim "50% of the agreed contract price as damages.
1. Services are guaranteed for 7 working days from the date of delivery, unless the customer has caused the damage through gross negligence. For claims of the customer from warranty or liability for defects Brantrix is entitled to repair. If multiple repairs also fail, the customer can either exercise his right to withdraw from the contract or to demand a reduction.
2. Any warranty obligation is void in the event of blatant operator errors or in the case of improper or wanton effects on the hardware, computer or network configuration.
3. In the case of slow hosting providers, Brantrix assumes no liability for any unreached destination.
4. Before providing services, the customer must protect all files used by him on his own responsibility for backup copies against loss. There is no guarantee or guarantee.
5. Identifiable defects and damage must be reported to Brantrix immediately. The customer must take all necessary measures to prevent and minimize damage. He has Brantrix to enable the detection and removal of defects and to grant access to the server / hosting for this purpose. Insofar as faults and damage are the responsibility of the customer, Brantrix shall reimburse all expenses incurred in connection with the cause determination and fault or damage elimination.
6. Brantrix only acts as an intermediary when working with Internet service providers or web site creators. Brantrix assumes no liability and expressly refers to the general terms and conditions of the respective party.
7. Should it become apparent in the course of the work that the execution of the order is actually or legally impossible, Brantrix is obliged to notify the customer immediately. Each contracting party is in this case entitled to withdraw from the contract. The costs and expenses incurred until then for the operation of Brantrix shall be reimbursed by the customer.
1. Claims for damages arising from impossibility, culpa in contrahendo and tort are excluded from Brantrix. The liability for written features guaranteed by Brantrix remains unaffected. Brantrix is also not liable for lost profits and for indirect damage or other pecuniary loss, regardless of whether this arises at the customer or at third parties. Excluded from this are only gross negligence or intent on the part of Brantrix.
2. Liability and claims for damages in case of intent or gross negligence are limited to the order value. In case of insurance coverage of the customer, liability is also excluded.
3. Brantrix is not liable for force majeure or events that make the services and services of Brantrix difficult or impossible. These include, in particular, official orders, breakdown and disruption of communication networks, traffic and operational disruptions, strikes, lockouts.
4. The customer is obliged to back up data before using the services of Brantrix. Configuration services or consultations exclude any liability for data loss at the customer, unless Brantrix has caused their destruction intentionally or grossly negligent and the customer has ensured that the data from data material that is kept in machine-readable form, reconstructed with reasonable effort can be.
1. The invalidity or invalidity of individual provisions of the contract or these terms and conditions does not affect the validity of the remaining provisions. The ineffective provision is replaced by a provision that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any contract gaps.
2. For all possible disputes, the place of jurisdiction is T'bilisi, Georgia.