Only the German version of these terms and conditions is legally binding; the English version is for informational purposes only.
Last revised: September 16, 2020
§ 1 Validity
These General Terms and Conditions form part of all agreements between you and Visable GmbH (hereinafter: “We“ or “Us”) in relation to services and products of Visable and the sole basis thereof; conflicting terms and conditions will not apply even if We have not expressly objected to them and carry out your order without reservation.
At the point of placing your order, you are at the same time offering your assurances that you are not a consumer but are instead an entrepreneur and businessman within the meaning of the German Commercial Code (HGB).
§ 2 Definitions and content of the order
The content of your order for inclusion of your company profile in our suppliers search results from the information provided by you in your customer area on our website and the selected services based on our brochures as amended and constitutes your main order. Design and sorting of your company profile is determined according to the relevant specifications and preferences in your customer area, unless otherwise agreed. We reserve the right to make changes to these specifications and settings during a current order. These do not entitle the customer to any reduction, withdrawal, or termination. As part of the contracted scope of services you can always make changes to the content of your company profile.
§ 3 The placing of orders and the terms thereof
You can place orders with us in writing, electronically or by telephone. The execution of the order starts at the date of your choice, regardless of whether the data to be provided or maintained by you is complete or accurate. All orders are standing orders, unless otherwise agreed, and will be extended as such by 12 months if not terminated with a notice period of three months (in detail here) to the end of the minimum contract term or to the end of one of the respective 12-month extension periods. The additional orders “Google Ads" and "Retargeting" can be terminated with a notice period of one month to the end of the minimum http://www.etracker.com/en/terms-and-conditions.html, then with a period of one month to the end of the month; the additional order “Call Tracking” can always be terminated with a notice period of one month to the end of the month.
Termination of the main contract (service package) also terminates existing additional orders “Top Ranking”, “D-A-CH”, and “Web Analytics”. If during the contract term you order additional services as standing orders, these additional orders initially run until the start of the next renewal period of the main contract. Thereafter, the extension periods and notice periods which apply to the main contract will apply to the additional orders equally.
§ 4 Quality assurance
We are entitled to correct any mistakes identified in your company profile in the context of quality assurance and to make appropriate changes to enhance your profile without being under obligation to do so. You can at any time withdraw this permission in writing and undo or delete corrections and additions.
§ 5 Tracking
Services which include technologies of etracker GmbH under the name “Web Analytics” are additionally subject to the relevant terms and conditions of etracker GmbH, which are currently available to view at: https://www.etracker.com/en/gtc/.
§ 6 Call Tracking
The following shall apply insofar that you have booked MaTelSo GmbH’s “Call Tracking” service as part of your Google & Bing Ads order:
Consent: You hereby consent to MaTelSo assigning you an MRS number, which will then be entered in your record instead of your current number so that call tracking may be carried out.
Right to revocation: You may revoke your consent given to MaTelSo at any time with effect for the future. You may also inform us of your revocation in writing by sending an email to info@visable.com. We will make sure to forward it immediately to MaTelSo on your behalf.
Itemized bill
Consent: You hereby consent to MaTelSo emailing us itemized bills so that we may inspect and use them. Itemized bills contain the following connection data: “A” phone number (caller, if transferred); “C” phone number (redirection number), MRS phone numbers, as well as the call date, time, and duration.
Right to revocation: You may revoke your consent given to MaTelSo at any time with effect for the future. You may also inform us of your revocation in writing by sending an email to info@visable.com. We will make sure to forward it immediately to MaTelSo on your behalf.
§ 7 Our contractual obligations
Our obligation is to provide server space for the presentation of your company profile during the contract period and to ensure the visibility of your company profile in our search engine. Furthermore, we will strive, without being obliged to do so, to supplement your company profile with recourse to images and information available on your website within technical and reasonable feasibility or to place and advertise this material in whole or in part on third-party websites, social networks, and other forms of use and media. Specific content or graphic quality of your company profile is not part of the contract. Evidence of publication can be furnished in the form of current screenshots or the reproduction of files complete with date and time from our internal backup system.
§ 8 Your contractual obligations
To use your customer area, you are provided access data consisting of username and password. Keep your password confidential and do not share it with unauthorized third parties. If you have the impression that an unauthorized person has obtained your password, you are required to change your password immediately.
You shall be liable under general law for the content and data of your company profile as well as for ensuring that all files you provide are free of viruses.
You may not post any illegal, immoral, abusive, threatening, violence-glorifying, racist, sexually explicit content, or link to content which may violate religious feelings or denigrate persons with different political opinions or are likely to endanger children or young persons morally or negatively affect their well-being.
If we are sued for breach of any of these obligations, you will indemnify us from all claims of third parties on the first request.
If you violate any of these obligations, we are entitled to block your company profile and/or terminate the contract without notice. Moreover, we reserve the right to refuse to publish the content if it may constitute a violation of applicable laws, public order, morality, accepted principles of morality, or competition, trademark or advertising law. Any fees that have been paid will not be refunded in such cases. You are furthermore under obligation to identify any advertising content on your linked websites as such in the event that editorial and advertising contributions are mixed and to make it clear that you are responsible for the content of these websites.
§ 9 Payments and maturity
Billing will take place after acceptance of your order. We are entitled to issue invoices solely in electronic form. Subject to a separately agreed-upon installment payment schedule, payments are due immediately and in advance without deduction upon receipt of the invoice. In the case of a separately agreed-upon installment payment schedule, one-time payments are invoiced together with the first installment. If you are in default of an installment, in particular because a direct debit or a SEPA direct debit mandate is returned, any existing agreement concerning payment installments shall end immediately and without the need for a separate notice of termination. Furthermore, we are entitled to initiate judicial dunning or legal proceedings with regard to all owed sums at our discretion. Payment shall be deemed effected once we can actually dispose of the funds (for checks: the date of unconditional credit). We shall charge you any returned direct debits in the amount of the costs actually incurred by us, but at least EUR 10.00 for each invoice.
We reserve the right to increase the prices once for each renewal period by up to five percent or, alternatively, in the amount of the consumer price index of the month in which the invoicing takes place.
In the case of default, we charge interest according to § 288 II BGB (German Civil Code) and are entitled to suspend the provision of services in whole or in part.
A shortening of the advance information period for SEPA direct debit to one (1) day is hereby agreed. Offsetting is possible only with undisputed or legally established counterclaims. Only authorized representatives shall carry out collection.
§ 10 Disruption in Performance, Acceptance and Liability
Liability for brief, insignificant disruptions in accessibility to your company profile or disruptions which are beyond our control, or for any disadvantages from unauthorized use of your login information for which you are responsible, is excluded. This also applies to any service disruptions during maintenance. They do not justify a reduction, termination or assertion of claims for compensation. Prerequisite for the elimination of faults and defects is a timely report. Claims for defects that are not communicated to us in writing within two weeks after they have first been noticed are excluded. Contractual services are considered as accepted once they are used, but no later than 10 days after they have been made available. Warranty services are primarily rendered with corrections. If such a correction finally fails after two unsuccessful attempts, you are entitled to a price reduction or extraordinary termination.
We are liable only for damages caused by gross negligence, willful misconduct or negligent breach of primary obligations by us or by our vicarious agents. The liability is in any case limited in amount to damage foreseeable at the time of conclusion of the contract and does not include cases of force majeure. The limitation period for defects in the performance of Visable, if these are not based on willful intent, is reduced to 12 months.
§ 11 Data processing and assignment of rights
By placing an order, you agree to the processing, storage, and use of the equipment necessary for order execution, invoicing, increasing the advertising impact of your company profile, technical support, and performance analysis of company profile data, user profiles, and related personal data involved.
In addition, you grant Visable the right to store, process, and make your logos and company or product-related images, moving pictures, and copy publicly accessible on any website and comparable, (including mobile), media and services, to the extent necessary.
Distribution to third parties not concerned with the purpose of the contract is excluded.
§ 12 Miscellaneous
The law of the Federal Republic of Germany applies. Place of performance and jurisdiction is the seat of Visable. We are entitled to sue Austrian customers at the court with jurisdiction in Vienna, Inner City, Swiss customers at the court of Baar, and alternatively at the place where the customer’s property is located. Any changes to these GTC, including the text form clause, must be made in writing. The invalidity of individual provisions will not affect the remaining effectiveness of the other provisions of these GTC.
Contact Visable
in Germany
Visable GmbH
ABC-Strasse 21
20354 Hamburg
Germany
Phone: +49 (0) 40 254 40-0
Fax: +49 (0) 40 254 40-100
Email: info@visable.com
VAT ID no.: DE263357612
Tax number: 48/763/02042
Commercial register: HRB Hamburg no. 106779
Managing Director: Peter F. Schmid
in Austria
Visable GmbH
Branch Austria
Mariahilfer Strasse 34
1070 Vienna
+43 (0) 17431 528
Fax: +43 (0) 17431 527
E-mail: info@visable.com
Company register: FN 392239y Commercial Court Vienna
UID: ATU67822234
Tax number: 09 220/8594
DVR: 0581488
Managing Director: Peter F. Schmid
Member of the Austrian Federal Economic Chamber
in Switzerland
Visable GmbH, Hamburg,
Branch Switzerland/Baar
Neuhofstrasse 5a
6340 Baar
Switzerland
Telephone: +41 (0) 41 766 33 88
Fax: +41 (0) 41 766 33 77
Email: info@visable.com
General Terms and Conditions (GTC)
Last revised: September 16, 2020