1. Area of application

Webeffekt AG (hereafter referred to as Webeffekt) shall only provide AdLog24 services on the basis of these terms and conditions. Terms and conditions of the customer that differ from these terms and conditions, either completely or in part, shall not be recognised, unless Webeffekt has specifically agreed to them. These terms and conditions shall apply even if Webeffekt provides its services unreservedly with full knowledge of the opposing terms and conditions of the customer. Verbal collateral agreements shall not be deemed valid. Changes to these terms and conditions shall become effective upon their publication on the AdLog 24 homepage.

2. Subject matter of the contract

2.1 AdLog24 is an online service which provides the customer with information on the number of visitors gained through online advertising.
2.2 In order to document the number of visitors per advertising channel, AdLog24 generates an individual tracking URL at the push of a button for each advertising channel. This is saved by the customer at the site of the respective online advertising from which it is possible to click onto (reach) the corresponding customer homepage. Every click made by a visitor is counted by AdLog24 and forwarded immediately (imperceptibly) to the also saved actual target URL. The collected data are updated cyclically and processed online for the customer and are made available cyclically by e-mail.
2.3 AdLog24 is available both free of charge and in a paid for version. Both versions with a description of the services included are described in the AdLog24 internet entry. By using the free version and the description of this service a customer can assess whether AdLog 24 would be suitable for his intents and purposes.
2.4 AdLog24 may contain advertising. The same applies to customer accounts.

3. Termination of contract, duration, notice

3.1 The free version of AdLog24 can be terminated completely or partially without prior notice or can be restricted in scope. It is not possible to make a claim regarding the continuation and/or type and scope of the service.
3.2 The contract relating to the paid for version(s) shall come into effect upon the countersignature of the customer application by Webeffekt or upon the first implementation action made by Webeffekt.
3.3 Each party is entitled to terminate this contract with a month’s notice without citing a reason.
3.4 The customer may delete his account at any time by selecting the delete account function. Any remaining credit left on his account with AdLog24 is thereby forfeited.

4. Prices and payments for the paid for version

4.1 At the beginning of the contractual relationship the customer shall pay €149.00. This entitles the customer to watch up to 25 advertising channels simultaneously using AdLog24 for a period of 12 months.
4.2 If the customer places an order online via AdLog24 the invoice will be generated by a program during the ordering process and can be printed out once by the customer. In addition, the customer will receive an invoice by post. If the customer requires additional invoices by post in addition to the initial invoice Webeffekt is entitled to charge Euro 10.00 per invoice.
4.3 On ordering a paid for version of AdLog24 the corresponding fee-bearing functions of AdLog24 are switched on by the program.
4.4 Webeffekt is entitled to withdraw the activation of the paid for AdLog24 functions should the agreed amount not have been paid into the bank account of Webeffekt within 4 weeks.
4.5 The customer account will only be credited by the amount that has actually been paid into the Webeffekt account, e.g. - but not conclusively - minus the transfer fees of a foreign bank. Any differential amounts will result in a shortening of the duration of the AdLog24 service.
4.6 The right of both parties to terminate the contract for a significant reason remains unaffected. A significant reason for Webeffekt would be in particular if the customer defaults on payments for more than 4 weeks after rendering accounts, if the customer breaks the terms of this contract and does not desist from doing so despite a written warning, if insolvency proceedings are initiated relating to the assets of the customer, or the latter are rejected due to lack of assets.
4.7 All prices are of course subject to the level VAT required at the time of payment.

5. Services of Webeffekt

Webeffekt reserves the right to change any information, property and function of the online service without prior announcement provided this is necessary as part of the development of the service. This can also mean changing, extending or even deleting individual services. Services that are not provided shall not be charged for.

6. Obligations of the customer

6.1 The customer is obliged to complete the information to be provided by him correctly and completely and to notify of any changes straight away (e.g. invoice address). At the request of Webeffekt the customer must reconfirm the updated information within 15 days of entering the change. This relates in particular to the name, postal address, e-mail address, phone and fax number of the customer and for payment by direct debit the relevant bank details of the customer.
6.2 The customer is obliged to keep passwords generated for gaining access to AdLog24 secret and to inform Webeffekt immediately if he becomes aware that said passwords are known to an unauthorised third party or that this may be a possibility.
6.3 Paid for AdLog24 version: The purchaser of a paid for version of AdLog 24 declares that he runs a business.
6.4 Webeffekt can deny access partly or completely to the online AdLog 24 service without prior warning, if the customer undertakes any action which in the opinion of Webeffekt is interpreted to be an infringement of this obligation or the rights of Webeffekt or a third party or which is unreasonable in a different way.

7. Guarantee

Webeffekt cannot guarantee the accuracy or updating of the number of visitors measured. Both parties are aware that computer programs and online services, as well as the use of the internet in general, cannot provide absolute technical reliability.

8. Liability

8.1 Webeffekt AG is liable for its employees, servants and agents

a) without limitation even for slight negligence upon fatal injury, injury to body or the health of persons:

b) according to the legal regulations without limitation of the amount of compensation for damages which have been caused by intent or gross negligence of the legal representatives and leading employees of Webeffekt AG or by serious fault of the organisation.

c) in cases other than a) and b) with limitation to damages which are typical and foreseeable in consideration of the contractual use of the services, that is

aa) for damages for the negligent infringement of essential contractual obligations,

bb) for damages caused by vicarious agents of Webeffekt AG with gross negligence or intentionally without infringing essential contractual obligations,

cc) in cases of impossibility, initial inability and delay.

Liability for fraud and in relation to the Product Liability Act remains unaffected.

8.2 Liability within the terms of the above point 8.1 c), mainly for consequential damages, is limited for each individual claim to an amount up to equivalent of the fee for 12 months, and this for each instance of damages, restricted to twice the total amount per year.
8.3 Insofar as Webeffekt enables access to other homepages via links, Webeffekt is not responsible for the unknown content contained therein. Webeffekt shall not be held responsible for unknown content. Should Webeffekt become aware of any illegal content on external homepages Webeffekt shall block access to said pages immediately.
8.4 The customer shall free Webeffekt from any prejudicial action which could be caused by a third party due to harmful actions conducted by the customer, regardless of whether the latter are intentional or due to negligence.
8.5 The customer shall bear joint responsibility e.g. in the case of inadequate provision of joint services (e.g. also inadequate error messages, organisational errors or inadequate data protection). The contractor shall only be liable for the recovery of data if the customer has taken the usual, appropriate precautions for data protection and has thereby ensured that the data and programs which exist in machine-readable form can be recovered at justifiable cost.

9. Data protection

9.1 Webeffekt notes that in accordance with the German Data Protection Act §33 personal data shall be stored within the limits of the implementation of the contract
9.2 Webeffekt notes in particular that data protection for the transfer of data in open networks, such as the internet, cannot be guaranteed completely by the current state of technology.
9.3 Data secrecy: Webeffekt shall ensure that the necessary precautions are taken within Webeffekt to ensure that the Data Protection Act is adhered to and that customer data is protected as effectively as possible. In particular, Webeffekt shall ensure that data is protected from being accessed by unauthorised persons, including unauthorised employees of Webeffekt.
9.4 Communications that the customer forwards to Webeffekt (e.g. queries, data, comments) shall not be considered confidential. The customer hereby agrees that Webeffekt shall not be held liable should information relating to the customer be intercepted and used by other persons.

10. Campaign data and Customer account

In order to document the possible number of visitors through online advertising Webeffekt shall be entitled to publish campaign data from customer accounts and name the campaign or mode of advertising, to group the latter and forward them to a third party.

11. General

11.1 Offsetting, right of retention: the customer is only entitled to offset against claims of Webeffekt from this contract those claims which have been established to be uncontested or res judicata.
11.2 Should individual provisions within this contract be or become ineffective, the ineffective provision should be replaced by an effective one which is closest to the economic purpose of the ineffective provision. This also applies to filling unintended loopholes.
11.3 Place of implementation: The place of implementation for all of the obligations in this contract is Dinslaken, Germany.
11.4 The jurisdiction for any disputes arising from this contract shall be nominated by Webeffekt as the office of the customer or the office of Webeffekt, if the customer is a merchant entered into the German commercial register, a separate public fund or a corporation under public law.
11.5 This contract is subject solely to the law of the Federal Republic of Germany. The standard UN Sales Convention concerning the sales of movables is explicitly excluded.
11.6 Amendments and additions to this contract must be made in writing. This also applies to the amendment of this written form clause.