General Terms and Conditions of Trade of the data2check UG (company with limited liability and insufficient share capital) for the online service www.data2check.de

Each activity of the data2check UG (company with limited liability and insufficient share capital), represented by the managing director Manuel Montero Pineda, Karlstraße 3-5, 76133 Karlsruhe, Germany, register court Mannheim, register number HRB 719446, (hereinafter data2check) referred to on this page, takes place on the basis of the following General Terms and Conditions of Trade (hereinafter GTCT), which are notified to and acknowledged by all users of the online service www.data2check.com (hereinafter online service) and to all customers of data2check by delivery or deposit at the online service www.data2check.com.

1. General remarks
1.1 With the help of data2check the customer can upload Word, InDesign and EPUB documents onto the online service provided for this purpose in order to check these documents for correctness.
1.2 In order to use the online service, the customer creates a profile and enters the requested data. The customer enters a freely selected password. The account shall continue to exist as long as the customer deletes it or it is terminated by data2check.
1.3 The customer himself chooses the check criteria. Exclusively, documents are checked according to formal criteria. The online service does not check the content of the documents. The checks are fully automated. data2check does not read the documents to be checked.
1.4 The respective documents are stored on the server of the online service.
2. Conclusion of a contract
2.1 In the course of the use of the online service, the customer is able to upload several documents onto the online service. For this purpose, the customer first creates a customer profile at the online service.
2.2. Via https protocol, the customer is able to upload documents onto the server of the online service. After a successful upload by the online service, the documents are checked by the online service according to parameters specified in advance by the customer.
2.3 With the start of a document check, data2check accepts the customer's offer to conclude a document check contract.
2.4 Provided that prices for services of data2check are stated at the online service, all prices are to be understood as non-binding and can be adjusted by data2check at any time. This includes the actual price of the items as well as the at the moment of conclusion of contract currently applicable Value Added Tax.
3. Revocation of consumers in the sense of § 13 BGB (German Civil Code) within the scope of the BGB
3.1 The customer has the right to revoke the contract concluded with data2check within fourteen days without giving any reasons. The period for revocation is fourteen days from the day on which the customer or a third party appointed by the customer has taken possession of the goods.
3.2 If there is a customer specification in the sense of § 312g paragraph 2 number 1 BGB, the revocation right of the customer is excluded. A customer specification always applies in case the goods are produced individually to the requirements of the customer, an individual selection or identification by the customer is relevant for the production of the goods or the goods are clearly tailored to the personal needs of the customer and data2check cannot sell the goods otherwise.
3.3 In order to exercise his right of revocation, the customer has to notify the data2check UG (Karlstraße 3-5, 76133 Karlsruhe, Germany, phone: +49 (0)62217391264, e-mail: contact(at)data2check.com) of his decision to revoke this contract by means of a clear declaration (e.g. by a postal letter or e-mail). The dispatch of the communication concerning the exercise of the right of revocation by the customer before expiry of the revocation period shall be deemed sufficient for compliance with the revocation term.
3.4 Consequences of revocation: If the customer revokes the contract, data2check has to repay all payments received by the customer including delivery costs (with the exeption of additional costs resulting from the fact that the customer chose a different kind of delivery as the offered and cheapest standard delivery), without delay and at the latest within fourteen days from the date of data2check's receipt of the communication of revocation of this contract. For this repayment the same currency is used which was used for the original transaction unless expressly agreed otherwise with the customer.
3.5 However, the right of revocation expires prematurely if digital content is delivered which is not delivered on a physical data carrier medium if the implementation has started with the express prior consent of the customer and the customer's knowledge of losing hereby the right of revocation.
END OF INFORMATION ABOUT RIGHTS OF REVOCATION
4. Terms of payment, right of termination
4.1 Payment is made, if necessary, by using a means of payment clearly specified at the online service.
4.2 data2check reserves the right to terminate a customer account extraordinarily at any time in case a customer committed a very serious infringement of the GTCT specified here. In all other cases data2check reserves an ordinary legal right of termination.
4.3 At any time, customers may terminate their customer account at the online service or by written notice to data2check without giving any reasons. With effective development of the termination any data stored by the customer will be deleted by data2check.
5. Warrenty
5.1 On principle, data2check undertakes to ensure the usage of the online service 24 hours a day, seven days a week. Temporarily, the access to the online service may be suspended without further notice due to system errors, maintenance or repair work or for reasons beyond the control of data2check.
5.2 data2check guarantees neither the accuracy nor the completeness of the contents provided on the website. data2check has the right to change the contents shown at the online service at any time and without further notice.
5.3 The contents of the online service are provided 'as is', without any warranties or representations of any kind or other conditions.
5.4 data2check cannot guarantee that any files provided at the online service and downloaded by the customer are free of viruses. An respective warrenty claim is expressly rejected by data2check.
5.5 Furthermore, data2check assumes no liability or warrenty for actions, omissions or behaviour by third parties in connection with or related to the online service and files uploaded there.
6. Data protection
6.1 With regard to the data protection, we refer to the data protection notice stated at this online service.
6.2 data2check already points out to the customer that the exclusion of warranty and liability already stated under 5.5 of these GTCT extends to a possible unauthorised access of third parties to the data and documents of the customer.
6.3 The customer shall undertake to keep login information confidential and not to disclose them to third parties. data2check is not liable for unauthorised use of customer's own access data.
7. Copyrights and trademarks
7.1 All texts, pictures, graphics, sound, video or other image representations and their arrangements at the online service are proprietary (Copyright © 2017 data2check, all rights reserved).
7.2 Without expressed written consent of data2check, the content of the online service is not permitted to be copied, distributed, changed or made available to third parties for commercial use. In case of a commercial use of the online service and its content without the written consent of data2check, the respective user or customer undertakes to pay a competition law penalty to data2check. The penalty payment is calculated according to the severity, extent and danger of the infringement committed. Each violation will be prosecuted under civil and criminal law.
7.3 Some of the pictures shown on this online service are subject to third party copyrights. The customer agrees to respect and not to violate these.
8. Liability
8.1 data2check and associated third parties are not liable to the client or third parties for any direct, indirect, incidental, special, exemplary, or consequential damages of any kind resulting from loss of use, data or profits arising out of or in connection with the use or performance of this online service, even if the customer has been advised of the possibility of such damage.
8.2 data2check is liable without limitation if the cause of damages is based on gross negligence or intentional breach of obligations of data2check or of a legal representative or vicarious agent.
8.3 Any limitation or exclusion of liability mentioned in these GTCT shall not apply in the case of culpable injury to life, body or health, in the case of a defect after assumption of a guarantee for the quality of the contractual product and in the event of maliciously concealed defects.
9. Change of terms of use
9.1 data2check reserves the right to change these GTCT at its own discretion and at any time by publishing an updated version of the GTCT at the online service.
9.2 All changes of these GTCT are considered as approved if the customer does not object within 30 days after receipt of the alteration notification of the GTCT.
9.3 If the customer continues to use the online service despite the changed GTCT upon expiry of a 30 days period, the continued use is deemed concurrence with and acceptance of the changes.

10. Miscellaneous
10.1 Nothing stated in these terms of use creates or provides rights or other benefits for third parties which are not part of the commercial relationship between the parties.
10.2 These GTCT represent the entire agreement between data2check and the customer with regard to the online service and supersede all previous agreements between the parties.
11. Applicable law and jurisdiction
11.1 These GTCT are subject to and interpreted in accordance with the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as private international law. As place of jurisdiction applies the registered office of data2check.
11.2 Independently of the choice of law, customers with normal residence outside Germany may also always invoke the consumer protection law of the country in which they habitually reside.
11.3. The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/. This platform shall serve as contact point for out-of-court settlements of disputes out of online purchase or service contracts involving a consumer.
Last update: February 2017

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