General Terms and Conditions (GTC) – Services of FairTrauen S.L., hereinafter referred to as the Service Provider:

§ 1 Scope of application

1. These General Terms and Conditions apply to all services provided by FairTrauen S.L. or its vicarious agents, in particular to the following services:
– Counselling/Consulting
– Coaching/facilitation/mediation
– Training courses/workshops
– Creation and maintenance of websites and all related activities

FairTrauen S.L. operates the following websites, among others, to present and advertise the corresponding services:

https://fairwebsites.eu
https://fairwebsites.ch
https://mallorcawebsites.com

2. The client’s terms and conditions shall only apply if this has been expressly agreed in writing between the parties.

§ 2 Subject matter of the contract, scope of services

1. The subject matter of the order shall be the services agreed in the respective offer or invoice, which are also described in more detail online on the service provider’s websites.

2. A contract between the service provider and the client is concluded upon acceptance of an offer or, at the latest, upon payment of the invoice amount to the bank account specified in the invoice. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail or WhatsApp. We do not store the text of the contract after conclusion of the contract or only store it temporarily. The client must ensure that the e-mail address provided to the service provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. The service provider shall carry out all work with the utmost care.

3. Data provided by the client and third parties shall not be checked for accuracy, but only for plausibility.

4. The service of the service provider shall be deemed to have been rendered when the objective or partial objective specified in the contract, offer or invoice has been achieved. It is irrelevant whether and when any recommendations made by the service provider are implemented by the client.

5. If the service provider is to be obliged to prepare a detailed, written activity report, this must be agreed separately in writing between the parties.

§ 3 Obligations of the client to co-operate

The client is obliged to support the service provider in full and, in particular, to create all the conditions necessary for the fulfilment of the order and to provide the service provider with all relevant documents in good time. The client shall confirm the accuracy and completeness of the documents provided to the service provider in writing at the latter’s request.

§ 4 Default of acceptance, failure to co-operate

If the Client is in default with the acceptance of the services or fails to cooperate as required despite a reminder and the setting of a deadline, the Service Provider shall be entitled to terminate the contract without notice. The exercise of this right of cancellation shall have no effect on the service provider’s claims for compensation for the damage caused by the delay or the failure to cooperate or the reimbursement of necessary additional expenses.

§ 5 Remuneration, terms of payment, offsetting

1. All claims are due at the latest 14 days after invoicing and are to be paid immediately without deductions. If payment is not made on time, the client shall automatically be in default, i.e. without a reminder. The statutory value added tax shall be added to all prices for private customers and shall be shown separately on the invoice.

2. Several clients (natural persons and/or legal entities) shall be jointly and severally liable. Offsetting against claims of the Service Provider for remuneration and reimbursement of expenses is only permitted with undisputed or legally established claims.

§ 6 Conditions for service packages

1. In order to fulfil the services offered in accordance with the online offer, the service provider requires FTP access, CMS access (WordPress – unrestricted), access to the database and access to the provider. If these data are not made available to the service provider or are changed without information, neither cost reductions nor warranties can be asserted by the client.

2. The server environment and the web space must be provided in such a way that all technical requirements of the respective system are met. Should technical faults occur, the service provider accepts no responsibility in this respect and cannot be held liable. The client is responsible for ensuring that sufficient resources are available.

3. The client is responsible for providing all necessary software licences required to fulfil the contents of the contract. Should there be any interruptions in the provision of services due to a lack of licences, the service provider shall assume no liability or warranty.

4. The client agrees that data such as backups and personal data may be stored by the service provider (on behalf of the client).

5. Should errors occur after maintenance work and/or updates of the CMS, templates or plugins, the service provider shall endeavour to rectify the error within the time frame of the agreed service. Should the rectification take more time, the service provider may charge the client for this additional work. If errors remain undetected during an initial visual inspection and/or are only discovered by a user and/or the client, the client is obliged to inform the service provider immediately. The Client is also authorised to commission third parties to rectify errors. In principle, the Service Provider accepts no liability for any resulting damage.

6. The service provider shall not be liable for damage caused by hacks, spam, etc., or only in the event of gross negligence on its part. Nor shall any liability be accepted for damage caused by security gaps or security problems unknown to the Service Provider, nor is the rectification of such problems part of the service, unless expressly agreed otherwise in writing. Security vulnerabilities are generally closed by means of updates or the installation of new software versions. Any additional security checks, the elimination of problems caused by cyber attacks, programming services or consulting services are not part of the service offered by the service provider.

7. During updates, the website may be down or unavailable. Complaints on the part of the client are excluded in this case.

8. Unless otherwise agreed in advance, updates are always carried out on the live version of the respective website. Updates do not have to be carried out on the day of publication. The timing is left to the service provider.

9. After maintenance work and updates, the respective website is randomly checked for accessibility and functionality. This does not apply to online shops.

§ 7 Liability

All services are offered and performed to the best of the client’s knowledge and belief and with the greatest possible care within the scope of the business purpose. The services offered include the provision of advice, information or recommendations without any intention to be legally bound. Liability is limited to the amount of the invoice amount stated in the offer or invoice, except in cases of intent or gross negligence. FairTrauen S.L. or its vicarious agents are not liable for loss of profit, loss of savings, damages from third party claims and other indirect damages and/or consequential damages. This non-binding information, recommendations or advice does not automatically give rise to an obligation to notify changes in the situation. Naturally, however, the obligations under the law of obligations at least extend to providing specific advice as correctly and completely as possible and to providing a specific recommendation to the best of one’s knowledge or conscientiously. If this is not permitted by law or is judged otherwise by the courts, the following should apply:

1. The service provider shall be liable to the client, irrespective of the legal grounds, for damage caused by it or its employees and/or vicarious agents intentionally or through gross negligence.

2. The service provider shall only be liable for slight negligence on the part of the service provider, its employees and/or vicarious agents in the event of a breach of material contractual obligations and only for foreseeable damage typical of the contract and in the event of culpable causation of bodily injury. Liability is otherwise excluded.

3. Liability is limited to the amount of the invoice amount stated in the offer or invoice, unless there is intent or gross negligence; if this is not legally possible, to the maximum amount of EUR 1,000.00 per individual case of damage. If a significantly higher risk of damage is obviously foreseeable, the service provider may offer the client a higher liability sum, whereby it may also adjust its remuneration accordingly.

4. Contractual claims for damages of the client against the service provider shall become time-barred six months after conclusion of the respective contract. This provision does not apply to statutory claims for damages in the event of injury to life, limb or health, the limitation period for which is governed by the statutory provisions.

5. Liability for violations of applicable law and regulations, including violations of trademark rights and violations of the data protection regulations of the EU, individual states or all third parties, which occur in connection with the operation of the websites created and/or maintained for the customer by the service provider, lies exclusively with the customer. Any liability of the service provider in this respect is hereby excluded. The client agrees to the unrestricted assumption of liability upon conclusion of the contract.

6. The service provider is also expressly not liable for failures or errors (including server failures & maintenance work) of third parties commissioned by the service provider or by the client.

§ 8 Storage of documents

1. After completion of the order, the parties shall have the right to return the documents received to the other party or to destroy them. If originals are involved, the consent of the other party must be obtained prior to destruction.

2. A duty of retention, insofar as this is not stipulated by law, is not agreed.

§ 9 Duty of confidentiality, data protection

1. The service provider undertakes to safeguard all business and trade secrets of the client and to comply with the statutory data protection regulations. Disclosure to third parties not involved in the execution of the order shall require the written consent of the Client. The service provider shall oblige all persons employed by it to fulfil the order to comply with these provisions.

2. The service provider is authorised to process the personal data entrusted to him or have it processed by third parties within the scope of the purpose of the order in compliance with the data protection regulations.

§ 10 Protection of the service provider’s intellectual property

1. All reports, analyses, drafts and calculations produced by the service provider are and remain the intellectual property of the service provider and may only be used by the client for the contractually agreed purposes and may only be disclosed to third parties or made known or published to third parties with the express written consent of the service provider.

2. Should the client also wish to use the respective service for affiliated companies, he shall require the written consent of the service provider in advance, which the service provider may also refuse without giving reasons. Insofar as work results are copyrightable, the Service Provider shall remain the author. In such cases, the Client shall receive an irrevocable, exclusive and non-transferable right of use to the work results, which is restricted by the aforementioned provisions and is otherwise unrestricted in terms of time and place.

§ 11 Cancellation

Provisions on cancellation are agreed in the respective offers or invoices.

§ 12 Final clause

1. All rights shall be governed exclusively by Spanish law.

2. All amendments and additions to these General Terms and Conditions must be made in writing and must be expressly labelled as such.

3. If provisions of these General Terms and Conditions are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provisions with valid ones without delay.

4. The interpretation and resolution of possible conflicts between the parties shall be governed by Spanish law. The courts of Manacor / Palma de Mallorca shall have jurisdiction over any disputes that may arise in connection with the interpretation and fulfilment of these General Terms and Conditions, expressly waiving any jurisdiction that the client may have.

5. We do not participate in dispute resolution proceedings before a consumer arbitration board. In accordance with EU Regulation No. 524/2013, we are obliged to point out that the European Commission operates a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/.

These General Terms and Conditions have been translated from German. Translation errors cannot be ruled out. In case of doubt, the German version shall prevail.