Terms and Conditions for using the Service 'dynoz.net'
For legal relations between SengaServ UG (haftungsbeschränkt) with the service dynoz.net (dynOZ) and its customer, only the following terms and conditions with the version at the point of time when the contract was concluded are valid. Different terms and conditions e.g. of the customer are hereby expressly excluded.
(1) 'customers' are referred to as the persons who have successfully registered with www.dynoz.net.
(2) 'end-customers' are referred to as people viewing of the customers' websites with dynOZ content.
(3) 'facilities of customer' are referred to as facilities that were created in dynOZ by the customer.
(4) 'private data' means the following type of data that was entered by the customer in dynOZ:
- E-mail address
- Billing address
(5) 'public data' means following type of data that was entered by the customer in dynOZ:
- Hours of facilities of customer
- Names of facilities of customer
- Categories of facilities of customer
- Addresses of facilities of customer
- Links to facility of customer
- Twitter- and Google-Usernames of facilities of customer
2. Concluding of Contract
A contract with dynOZ is concluded when the customer submits the registration form with complete and correct information (offer) and confirms this registration (acceptance). The customer is obligated to provide truthful information during registration. In case the entered data changes the customer is required to update his profile immediately. The chosen username must not infringe third party rights, morality or law. The customer is responsible for all acts performed under his username and for the safekeeping of his password. If the customer detects an unauthorized use of his account, he is required to inform dynOZ immediately.
3. dynOZ Responsibilities
(1) dynOZ provides a web service that facilitates the customer to publish hours on his website that are maintained at www.dynoz.net. dynOZ offers two different versions how this can be done:
- In server-side integration software is installed on the web-server of customers which receives the visualization of their hours generated daily by dynOZ in the internet language 'HTML'. dynOZ offers a reference implementation in the programming language 'PHP' as well as extensions for some common content management systems. The customer has the right of implementing a different interface.
(2) dynOZ can stop all services that are offered free of charge at any time. The customer is not allowed to claim for damages in such cases.
(3) dynOZ is allowed to change the contract resulting range of services as long as this does not significantly influence the customers that are using chargeable services of dynOZ. In such cases the customers are informed in advance.
(4) dynOZ is entitled to appoint a third party to provide the whole range of services.
4. Customer Responsibilities
The customer is obliged to use the services of dynOZ appropriately. In particular, he is obliged to
- inform dynOZ immediately about any changes in the contractual basis;
- not misuse accessibility to the services of dynOZ;
- follow the applicable provisions of data protection and the recognized principles of data security;
- enter only such content in dynOZ where he has the rights;
- report errors of dynOZ immediately
In case the customer does not fulfill his responsibilities, dynOZ is entitled to terminate the contract without notice.
5. Rights to User Data
The customer grants dynOZ the non-exclusive rights to his 'public data'. Therefore dynOZ is e.g. permitted, to give the public data to a third party. This does not apply to private data.
6. Financing, Pricing and Billing
(1) Level of prices
The level of the prices for dynOZ services are resulting from the chosen tariff according to the dynOZ web page 'products'. The fees are to be paid semi-annually in advance.
The invoice will be sent electronically to the email address of the customer stored at dynOZ.
(4) Invoices from dynOZ have to be paid within 10 days after the customer has received them.
(5) Price increase
dynOZ is entitled to increase the fees annually. The fee increase requires the approval of the customer. The approval is deemed granted by the customer if he does not object within 10 business days after receiving the notice of change. dynOZ is required to inform the customer with the notification of change about the consequences of non-objection. If the customer does not accept the price increase, both parties have a special right of termination.
The customer has a quota of commercial-free deliveries of the hours by dynOZ. The amount of this quota depends on the type of contract. In case this quota is exceeded, dynOZ displays advertising under the hours on the website of the customer.
7. Contract Period and Termination
In the case of a charge-free service, the contract is concluded for an indefinite period. Cancellation is possible from both sides at any time without notice. In case of chargeable services, the minimum contract period is six months. If the contract is not terminated at least four weeks before its expiry, the contract is renewed for another six months, etc.
8. Change in the Terms and Conditions
The terms and conditions for this service are subject to change with notice by dynOZ. Such a change requires the approval of the customer. The approval is deemed granted by the customer if he does not object within one month after receiving the notice of change dynOZ is required to inform the customer with the notification of change about the consequences of non-objection. If the customer does not accept the change, both parties have a special right of termination.
dynOZ does not guarantee the availability of the service as well as to the accuracy or completeness of displayed content.
(1) Claims of the customer are excluded unless otherwise specified below. This applies also for agents and legal representatives of dynOZ.
(2) Excluded from the disclaimer in (1) is the liability for damages resulting from an intentional or grossly negligent breach of duty by dynOZ, his legal representatives or agents.
(3) The regulations of the Product Liability Act remain unaffected.
11. Court of Jurisdiction and applicable Law
The contractual relationship between dynOZ and the customer is treated by the laws of the Federal Republic of Germany. Court of jurisdiction for all disputes arising from the contractual relationship is the place of business of dynOZ.
12. Final Provisions
If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. The same applies to possible gaps in these conditions.
December 4th, 2010