Scope
1. These General Terms and Conditions (GTC) define and regulate the contractual relationship between the client/inside (hereinafter referred to as client) and mylokalesuche AG.
2. by signing the present contract with mylokalesuche AG, the client accepts the present general terms and conditions of mylokalesuche AG. Should the client also claim services, offers and products of Google (all offers of Google, Google My Business, Google AdWords, Google Street View apply) in addition to the contract with mylokalesuche AG, the corresponding terms and conditions of Google apply to these.
Conclusion of contract
1. by signing the present contract or by electronically sending the corresponding order and by confirming to have accepted and read the GTC, the contract with mylokalesuche AG is concluded.
2. By ordering services, offers and products from Google, the customer authorises mylokalesuche AG to enter into a contract with Google in this regard. Furthermore, the contractual terms and conditions of Google shall apply (see section 1 Scope).
3. The contract requires the approval and consent of the managing director of mylokalesuche AG. The client shall be notified of any rejection within 7 working days of the conclusion of the contract, if possible.
Start and duration
1. The term begins with the signing of the contract.
2. terminations prior to the expiry of the fixed term of the contract shall entitle neither to a reduction nor to a waiver of the contractually determined sum to be paid.
3. The contract is concluded for a period determined in advance. If the contract is not terminated in writing at the end of the month 2 months before the end of the contract period, it shall be automatically extended by the agreed period.
Services
1. mylokalesuche AG provides the services booked by the client by means of a contract, with which the client can present himself on the internet or according to the selected products and services of mylokalesuche AG.
2. the client is responsible for ensuring that a website to which it links is no longer active, notifies mylokalesuche AG of this within the shortest possible time of discovery. mylokalesuche AG shall endeavour to make this change within a useful period of time.
3. for the agreed service provision by mylokalesuche AG, it is the client’s task to provide the necessary publication content such as texts, images, logos, film and graphic representations etc..
This publication content must comply with the guidelines and defined design specifications of mylokalesuche AG and Google. The customer bears full responsibility for the publication content in the technical and legal area. The client has the task and responsibility of checking the services booked by means of the contract, or if the same data would no longer be visible online, he/she must immediately report this to mylokalesuche AG on his/her own initiative. In this respect, no claims of the client can be retroactively offset against claims to mylokalesuche AG.
Implementation
1. for a fee, the client can have the publication content of his company entry (texts, images, logos, films, graphic display etc.) on the publication pages of mylokalesuche AG and on Google My Business adapted or changed at any time.
2. mylokalesuche AG is not obliged to check the publication contents of the customers for technical and legal suitability.
3. mylokalesuche AG cannot guarantee any specific assurance of the functionality of its own services, as well as the services of further providers (e.g. Google), but will remedy technical faults as quickly as possible.
4. However, mylokalesuche AG reserves the right to reject, change, remove or delete publication content for legal, moral, ethical, political or other reasons, even in the case of ongoing contracts. This applies in particular if the publication content does not comply with these GTC or the specifications.
Rights of use
1. the client confirms that the publication content delivered to mylokalesuche AG does not violate legal, immoral, competition law/copyright provisions. The same applies to websites that are linked to the publication entry or the website. mylokalesuche AG reserves the right to check the content in advance before publication (section 3 of these GTC).
2. the client confirms that he has the necessary rights for the publication of the advertising entries and publication contents by mylokalesuche AG and Google.
3. mylokalesuche AG assumes no liability for any claims of third parties in connection with the publication of publication content by mylokalesuche AG for the contractual partner. The client must inform mylokalesuche AG immediately if he/she becomes aware of such claims by third parties. Should third parties file claims directly against mylokalesuche AG, the client undertakes to fully indemnify mylokalesuche AG (including payment of any damages). In this case, mylokalesuche AG reserves the right to withdraw from the contract and to terminate the contract while claiming any outstanding amount on its part. Payment of any outstanding amount would have to be made to an account of mylokalesuche AG within 10 days of termination.
4. the client gives his consent to the use of production content and general data as well as personal data etc. which he has made available to mylokalesuche AG within the scope of the concluded contract.
Data protection
1. mylokalesuche AG takes into account the provisions of Swiss data protection legislation and its guidelines when collecting and processing data provided to it.
2. mylokalesuche AG is in particular entitled to record and process the production content and advertising entries of the clients for mylokalesuche AG’s own advertising purposes and to publish them to other third parties.
3. so that offers can be developed that are as market-oriented as possible, the customer agrees to the collection and processing of customer data for market research, consulting and advertising purposes.
Price and payment conditions
1. the price agreed in the contract for the products and services must be paid within 15 days of receipt of the relevant invoice.
2. if the client defaults on the payment dates (item 1), in this case mylokalesuche AG is entitled to discontinue or remove the uploaded production content incl. the Google entries without prior notice and without compensation. In this case, if the client fails to meet the payment deadlines (item 1), no claims of the client can be offset against claims against mylokalesuche AG.
Liability
1. mylokalesuche AG is liable except in cases of gross negligence and only for direct or intentionally caused damage. The liability for auxiliary persons of mylokalesuche AG is generally excluded. The liability of intentionally caused damages is limited in amount to a maximum of the reimbursement of the services booked by contract.
2. mylokalesuche AG accepts no liability for loss of profit, consequential damage, interruptions, maintenance work etc. or in relation to other third parties such as Google.
Changes and additions
1. amendments and additions to the contract shall be made in writing and signed by both parties.
2. mylokalesuche AG reserves the right to change the GTC at any time. The customer is to be informed about changes. The client is entitled to terminate the contract in writing on the date the amended GTC come into force, taking into account a notice period of 1 month. The right of termination shall expire upon the entry into force of the amended GTC.
3. mylokalesuche AG is entitled to transfer this contract to any third party for the provision of its services.
third parties for the provision of its services.
Place of jurisdiction
1. for clients with a foreign domicile or place of business, the place of business of mylokalesuche AG is deemed to be the place of enforcement and the exclusive place of jurisdiction for all proceedings.
2. The place of jurisdiction is the registered office of mylokalesuche AG.
Applicable law
3. The contract between the parties shall be governed exclusively by Swiss law.