General Terms and Conditions

1.) Area of validity / Contract conclusion

ProfiMasking performs all services exclusively within the validity of the present General Terms and Conditions of Business. The client declares its agreement with the present terms and conditions by placing an order. The terms and conditions of sale shall also apply for all future transactions between ProfiMasking and the client. Opposing or diverging conditions of the client are not acknowledged unless the contractor agrees to accept their validity.

Offers of ProfiMasking are submitted without engagement and are not binding if they are not explicitly called binding offers.


The client places ProfiMasking the order for digital image editing. The contract shall come into force when the order placed by the client by Internet has been confirmed by e-mail. The client must register before receiving ProfiMasking services. In the registration, the client creates a login name and a password. The prerequisite for an effective contractual relationship between ProfiMasking and the client shall be a successful registration and the forwarding of image material to ProfiMasking or the ordering of services via ProfiMasking’s web site. With this, the client acknowledges the present General Terms and Conditions of Business. The information in the registration must be correct and true. The client shall notify ProfiMasking without delay about the amendments of client's data relevant for registration by e-mail to ProfiMasking with the reference "Change of data".

In case of written mistakes and miscalculations as well as web site errors, ProfiMasking is not committed to acceptance of the offer or to execution of the order. These General Terms and Conditions of Business apply to companies in the sense of the §4 BGB (German Civil Code) as well as for legal people of the public right.

2.) Delivery, dispatch

Delivery of the order shall be done according to the provisions stipulated on the ProfiMasking web site (via e-mail link) insofar as no deviating agreements have been reached between the client and ProfiMasking. ProfiMasking shall be entitled to make part deliveries. The delivery periods depend on the volume of images to be edited and the complexity of the work. In general the completed pictures will be sent within a couple of hours up to one day. For large-scale orders the delivery period will be stipulated between the customer and ProfiMasking. In the event of arrears in delivery by ProfiMasking, the client shall not be entitled to claim damages insofar as nothing to the contrary has been determined with regard to warranty. To the extent legally admissible, rejection of acceptance due to delays in deliveries shall be ruled out.

3.) Payment

Delivery shall be done at the prices stated on our web site or at the prices agreed between and valid on the date of the conclusion of the contract. We reserve the right to charge the correct price in the event of the web site containing obvious errors such as typing or calculation errors. The agreed price shall be understood in EURO plus statutory Value Added Tax. It shall be due for payment without deduction following receipt of the delivery and the invoice unless otherwise specified.


Private customers need to pay before downloading completed pictures.


Special rules apply to companies. In general companies can download the pictures as soon as their pictures are completed. Invoices will be sent to companies on a monthly base. The invoice should be paid within 10 days upon receipt. Companies will not be able to place further orders should the invoices not been paid within 10 days. On a case-by-case rule, companies may be asked to confirm the invoice amount and pay before downloading the completed images.


In the event of damage caused by loss, confusion or damage of the image material sent in or transmitted, ProfiMasking shall only assume liability to the value of the material value, insofar as the damage has not been caused with malice aforethought or by gross negligence. ProfiMasking shall assume no liability for the loss of images in dispatch to ProfiMasking or of data on the transmission path to the web site or for the loss of material of any kind as a result of force majeure.

4.) Offsetting

The client shall only have a right to offsetting if its counterclaims are legally effective or have expressly been acknowledged in writing by ProfiMasking.

5.) Retention of title

The service delivered to the client shall remain property of ProfiMasking until complete settlement of all the claims in existence against the client. The client shall be entitled to resell the service in the proper course of business. In this event, the client here and now cedes the claims to payment accruing to it against its customer to ProfiMasking by way of security. ProfiMasking hereby accepts this cession.

6.) Right of revocation

A right to revocation of the order pursuant to the Remote Sales Act is ruled out pursuant to §12 d), sub-section 3, German Civil Code, as the files generated are produced according to client's requirements and are tailor-made to match its personal requirements.

7.) Warranty

ProfiMasking shall assume liability according to the statutory provisions in the event of defects to the object insofar as nothing to the contrary has been determined below. Delivered services shall only be defective if they do not correspond to the standard of digital image editing. Differences in co lour between the images and the original image files cannot be technically avoided, they shall therefore not be deemed as defects. Likewise, a defect shall not exist if a loss of quality has been caused by defective quality (e.g. resolution of the original image files). A particular quality of the services to be supplied is not agreed. ProfiMasking shall assume no guarantee. The client shall notify obvious defects, which are striking without particular attention in writing without delay upon delivery, albeit no later than 1 week after receipt, stating the defect. Later claiming of obvious faults shall be ruled out. To the extent that the service supplied is defective, ProfiMasking shall have the choice between reworking or replacement delivery. If the reworking or replacement delivery fails, the client can, at its discretion, demand reduction of the purchase price or withdrawal from the contract. ProfiMasking shall have three attempts at reworking or replacement delivery. However, claims to damages shall be ruled out to the extent that nothing to the contrary has been agreed in the afore mentioned regulations.

8.) Liability

ProfiMasking shall not be liable for damages. This shall not apply to liability for damages caused on the basis of malice aforethought or gross negligence. ProfiMasking engages to take all reasonable efforts in order to keep the web site completely ready for operation around the clock. ProfiMasking shall assume no liability for faults or economic damage incurred by the client from a temporary lack of availability of the web site or parts of the same or resulting from similar technical problems. Liability of ProfiMasking shall in particular be ruled out for system-induced failures, interruption and/or disturbance of the data transmission and for failure to comply with the instructions for use decisive for the ProfiMasking offer. Liability of ProfiMasking for system-induced failures, interruption and/or disturbance of the data transmission, the Internet or other necessary communication systems for the disturbance of which ProfiMasking shall not be answerable, shall be ruled out; ProfiMasking shall only be liable for the event of malice aforethought or gross negligence and for the event of ProfiMasking being involved in the origination of the damage. ProfiMasking shall also assume no liability for loss of the data stored with ProfiMasking, except for malice aforethought or gross negligence. ProfiMasking shall assume no liability for losses or damage incurred by client from making use of the services or goods of a third party which are advertised on the ProfiMasking web site or to which a hyperlink on the ProfiMasking web site refers. Claims to damages against ProfiMasking or its partner companies shall be ruled out to this extent with the exception of malice aforethought or gross negligence. ProfiMasking shall assume no liability for the fact that client fails to look into its mailbox in good time or that the data in it are possibly deleted in the event of inquiries being answered by e-mail.

9.) Obligations of client

The client may only use the ProfiMasking web site according to the present terms and conditions of business and use. The client must disclose its identity to ProfiMasking when sending images to the latter. Statement of an e-mail address alone is not sufficient for this. The client may not send any images with punishable contents to ProfiMasking, in particular containing or showing child pornography, glorification of violence or race discrimination or infringing third parties' rights. The client shall be responsible for the contents of the images sent to ProfiMasking by it. It shall be liable for all damage culpably incurred by ProfiMasking, its employees or third parties by its use of the service of the ProfiMasking web site and shall hold ProfiMasking harmless against such claims by third parties. The client shall be responsible itself for secrecy and use of its password. The client shall be obliged to keep its login name and password with particular care, in order to prevent other people from obtaining knowledge of the login name and password or the latter becoming lost or being misused. The client shall be liable for unauthorized use of its login name and/or password by third parties. The client shall notify ProfiMasking without delay if it assumes that its login name and/or password is/are being used without authorization. ProfiMasking shall reserve the right to reject the ProfiMasking offer for any client infringing the terms and conditions of business and use.

10.) Data protection, data back-up

The client knows and approves the fact that its personal data necessary for commission and order handling as well as archiving are stored on data media. It expressly approves of recording, processing and use of its person-related data. Processing of the data is done in compliance with the Federal Data Protection Act as well as the Tele-Service Data Protection Act. All data shall be treated confidentially. The client shall have the right to revoke this approval with an effect for the future at any time. In this event, ProfiMasking engages to delete the personal data immediately unless an order process has not been completely dealt with. At the placement of an order, ProfiMasking presupposes that the client backs up its data sets over and above the time of delivery to ProfiMasking. Backing up of the data transmitted by client shall not be done by ProfiMasking. This shall in particular apply for the image files stored in the storage service. The client gives its approval that its data, as described above, are stored by ProfiMasking.

11.) Copyright

The client assures that it possesses all copyrights, rights of utilization by copyright and performance protection rights to the images, which it sends to ProfiMasking. The client assures that it is also the unrestricted owner of the processing, amendment and redesign rights of all images, which it transmits to ProfiMasking and ensures that the processed, amended and/or reworked photos do not infringe copyright provisions and/or personality rights of any kind. Further, the client assures ProfiMasking upon commissioning that no trademark, utility model, design patent or other rights of third parties are infringed by proper handling of the order. All and any consequences resulting from any infringement of the aforementioned rights shall be borne by client alone. Upon placement of the order, the client assures that the contents of the transmitted image files also do not infringe penal laws in any other way. In the event of ProfiMasking being sued by third parties on account of an infringement of the aforementioned rights, the client shall hold ProfiMasking completely harmless against all and any claims of third parties.

12.) Alterations/modifications

ProfiMasking can amend the terms and conditions for the use of the offer forming the object of the contract at any time. ProfiMasking shall notify the client of the alterations by a reference on its Internet site. Insofar as the client makes use of the offer by ProfiMasking following reference to an alteration, it shall accept this alteration. ProfiMasking can end or revoke one or all aspect(s) of its offer in its own free discretion and without prior notification.

13.) Miscellaneous

Upon appearance of an updated version of the General Terms and Conditions of Business, older versions shall lose their validity. Place of performance for the contractual obligations and performance shall be the registered office of ProfiMasking to the extent legally admissible. The contract shall be governed by German law, excluding UN law on purchase of goods. Should a provision of the present general terms and conditions of business be or become ineffective and/or null for any reason, the validity of the remaining provisions shall remain unaffected. Ineffective and/or null provisions must be replaced in such a way that the envisaged economic purpose is achieved.

14.) Venue and applicable law

The venue at the registered office of ProfiMasking shall be deemed agreed for all claims resulting from the business relationship to the extent legally admissible. German law shall apply exclusively.

ProfiMasking
Owner Bjoern Bruecker
Foehrenstrasse 33
D-90530 Wendelstein

Germany

Tax Number: 247/207/80786
VAT-ID No:   DE274811494

01.01.2011
Wendelstein