Terms and Conditions for Silahub Technologies
General Terms and Conditions for Silahub Technologies
Valid from: 26/09/2022
Part A (General Conditions)
These general terms and conditions are part of all contracts that Silahub Technologies concludes with its contractual partners (hereinafter referred to as “clients”) for the deliveries or services it offers. They also apply to all future deliveries, services, or offers to the customer, even if they are not separately agreed to again.
Terms and conditions of the client or third parties do not apply, even if Silahub Technologies does not separately object to their validity in individual cases. Even if Silahub Technologies refers to a letter that contains the terms and conditions of the client or a third party, or refers to such, this does not constitute consent to the validity of those terms and conditions.
Silahub Technologies will only process and store the data relating to the respective contractual relationships within the framework of the applicable statutory provisions. The details can be found in the data protection declaration available on our website.
The contract concluded between Silahub Technologies and the client is subject to the law of the US and EU Data Protection Acts and mandatory international private law regulations, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. However, if the customer is a consumer and has his habitual residence in another country, he remains protected under the relevant provisions of the country of residence, which may not be deviated from by agreement.
Conclusion of the Contract
By signing the order form, the customer submits a legally binding, irrevocable offer (hereinafter: order) for the services listed there. The order requires final acceptance by Silahub Technologies by phone, fax, or email. If the order is not confirmed in writing by Silahub Technologies as accepted, it shall be deemed accepted if it is not rejected by Silahub Technologies within 4 weeks at the latest.
Silahub Technologies is entitled to use third parties as subcontractors when providing its services.
Rejection of orders
Silahub Technologies is entitled to refuse the acceptance or execution of orders if their content or form violates legal or official regulations or if Silahub Technologies is unreasonable for other reasons (e.g., due to violation of religious and political neutrality, due to foreseeable, even temporary, insolvency of the client, or because the client of Silahub Technologies has overdue payments, also from others at Silahub Technologies, and is in default, or because Silahub Technologies and Silahub Technologies are not obliged to check the requested content, or The client guarantees that templates, documents, or data provided by him to fulfill the contract are free of third-party rights and suitable for the production process of Silahub Technologies.
Silahub Technologies is released from all third-party claims, in a particular competition, copyright, trademark, and name law, as well as the costs of any legal defense. The client is obliged to provide all necessary cooperation services so that Silahub Technologies can carry out the contractually agreed services. In particular, we will provide all information required for the execution of the contract. If the necessary documents are not provided by the customer in good time despite the setting of a deadline, Silahub Technologies is entitled, but not obliged, to design the content at its own discretion.
If Silahub Technologies has to do extra work that is caused by the customer’s failure to cooperate, the costs for this will be charged to the customer in accordance with the current price list. The client exempts Silahub Technologies from all third-party claims that relate to the commissioned order content or applications. If violations of regulations or rights are reported, Silahub Technologies is entitled, after due examination,
Advertising agencies as clients for their customers are obliged to adhere to the price list of Silahub Technologies in their offers, contracts, and invoices to their customers. You will only receive an agency commission if this is expressly agreed to in the contract, and only in this amount. Silahub Technologies is not prevented by an order from an advertising agency from agreeing with the customer of the advertising agency on a modification of the service commissioned by the advertising agency for him, insofar as this does not affect the advertising agency’s payment claim against the customer. The advertising agency is not entitled to use services provided by Silahub Technologies as part of this contract.
Regardless of the legal reason, Silahub Technologies is only liable for damages to the extent that you, its executives, or its vicarious agents are charged with intent or gross negligence, or the damage is due to the lack of a guaranteed property. In the case of slight negligence, Silahub Technologies is only liable insofar as it is a matter of a breach of essential contractual obligations that endangers the purpose of the contract. In this case, liability is limited to typical damage that was foreseeable at the time the contract was concluded.
If the client is a merchant, Silahub Technologies is only liable for gross negligence on the part of its vicarious agents if essential contractual obligations are breached. In this case, liability is also limited to typical damage that was foreseeable at the time the contract was concluded. Any further liability on the part of Silahub Technologies is excluded. In the event of force majeure, any liability of Silahub Technologies for damages expires. The client must immediately notify Silahub Technologies if his password or account has been misused, or if he knows or suspects that third parties have gained access to his password or account.
Prices and payment
All prices are exclusive of statutory value-added tax. The agreed remuneration as well as the costs to be disbursed according to the contract are made in accordance with the concluded contract model and the underlying payment modalities unless otherwise agreed.
Offsetting against counterclaims by the customer or withholding payments due to such claims is only permissible if the counterclaims are undisputed or have been legally established or result from the same order under which the service in question was performed.
Silahub Technologies is entitled to perform or provide outstanding deliveries or services only against advance payment or security if circumstances become known to it after the conclusion of the contract that is suitable to reduce the creditworthiness of the customer significantly and that, by doing so, endanger the payment of the outstanding claims of Silahub Technologies by the client from the respective contractual relationship (including from other individual orders to which the same framework agreement applies).
Part B (Special Conditions)
Domain and hosting services
- A domain to be applied for by Silahub Technologies is only available with written confirmation from Namesilo.com or another registration office. Silahub Technologies is therefore not liable for the availability of the intended domain or for its actual or legal harmlessness. The customer is solely responsible for ensuring that the registration or connection of the domain and its use do not infringe the rights of third parties or pursue illegal purposes. He releases Silahub Technologies from all third-party claims and the costs of legal defense.
- Silahub Technologies carries out a commissioned application and registration of domains in the name and on behalf of the customer and has him or his legal representative registered as the domain owner (admin-c) of the respective domain unless otherwise stated or agreed. If the client wants his domain to be taken over by another user or provider after the end of the contract, he is obliged to submit the necessary declarations in good time.
- Failure to pay required domain and hosting fees, according to the agency, may result in domain ownership disadvantages, including domain loss. Silahub Technologies cannot be held responsible for such disadvantages in the event of non-payment by the client.
- Silahub Technologies is not responsible for backing up any data stored on an external virtual server. Insofar as data is transmitted to a virtual server, the customer shall make backup copies. In the event of data loss, the customer is obliged to transmit the data in question again free of charge to Silahub Technologies.
- Silahub Technologies expressly points out to the customer that data protection for data transmission in open networks such as the Internet cannot be fully guaranteed given the current state of the art. The client knows that the provider can view the client’s content and data stored on the web server from a technical point of view at any time or that third parties can intervene in network security without authorization or control message traffic. The client is therefore responsible for the security of the data and content they sent in.
- Silahub Technologies is not liable for the fact that an external virtual server is suitable for a specific service or specific software or is permanently available for it. Silahub Technologies is not liable for disruptions within the Internet, nor for any damage caused by disruptions or errors for which Silahub Technologies is not responsible. Silahub Technologies reserves the right to accept content or programs from the client that could affect the regular operating behavior or the security of the server, that violate legal or official regulations, or that are inadmissible or unreasonable for other reasons and block or prevent their operation.
- In addition to the agreed remuneration, the customer shall reimburse Silahub Technologies for all fees incurred in connection with the provision of the contractual service and costs to be paid out by the customer, unless otherwise agreed. The client also has to reimburse Silahub Technologies for any costs incurred due to any violation of the client’s obligations to cooperate.
Agency and design services
The view of an agency and design service created by Silahub Technologies for the purpose of client approval takes place online on the Internet. In the case of print orders, Silahub Technologies is not obliged to send proofs. If the client fails to do so within 8 days online or in writing to Silahub Technologies, the release of any agency and design services commissioned by and created by Silahub Technologies is subject to another agreement as having been granted. Changes to the originally commissioned content require the express consent of Silahub Technologies.
The client grants Silahub Technologies the right to include a logo of Silahub Technologies and a copyright notice in the agency and design service and to include this, as far as is legally permissible and technically possible, if necessary, to link to the website of Silahub Technologies. The client will accept all protective notices and other legal reservations unchanged unless there are compelling legal reasons or overriding interests of the client to the contrary.
This applies in particular to references to the author in any source code. This does not change the fact that the client is responsible for the content of the created design after approval and releases Silahub Technologies from all third-party claims in this regard. Silahub Technologies has the right to use the commissioned contractual service or preliminary stages, also insofar as they contain templates provided by the client, for presentation purposes, and in particular to include it in a reference list for advertising purposes and, if this is possible, to set corresponding links on their website.
An agency and design service created by Silahub Technologies is regularly protected by copyright. Without the written consent of Silahub Technologies, the client is therefore not entitled to use or exploit this content for any other purpose or to continue to use it or have it used by another provider or third party after the end of the contract. Unless otherwise agreed, Silahub Technologies retains all copyrights and use rights.
Search Engine Optimization (SEO)
The client undertakes not to carry out any independent on-page or off-page optimization (uncontrolled, non-natural link building) during the contract period without consulting Silahub Technologies. Silahub Technologies assumes no liability for unauthorized on-page or off-page changes on the client’s website. Unless otherwise agreed, the client undertakes to give Silahub Technologies access to so-called tracking tools (e.g., Analetics.co, Google Analytics), FTP access, and/or CMS access (e.g., WordPress, Webflow, and Bubble) during the entire contract period.
A redesign (redesign) of the client’s website or a revision of the page structure will not be carried out without prior consultation with Silahub Technologies. The client undertakes to name all domains that reflect his website at the beginning of the contract. If Silahub Technologies is not granted access to the tracking tool, FTP access, and/or CMS access by the client, the client shall bear any costs incurred through expenses of a third party (e.g., internet agencies or providers).
The Google ranking and thus the development of the website are regularly monitored and carried out by Silahub Technologies. Unless otherwise agreed, the index of Google Germany (google.de) is decisive.
Google AdWords advertising SEA
The subject of the contract is the creation and booking of advertising campaigns for Google Ads for selected keywords for the client.
Silahub Technologies assumes no liability with regard to a specific placement of the ad and the price per click. In particular, no specific success is due. Due to various influencing factors and the associated changes by Google, these may vary.