Terms and Conditions

This translation is provided for the convenience of English-speaking readers and only the German text is authoritative or has any legal value. In the event of dispute between the English and German version of this document, the German version of this document shall govern.

By making use of the services of CDH eService GmbH (hereafter referred to as CDH eService) at commercialagents.com.cy, you acknowledge and accept the Terms and Conditions. CDH eService performs all services solely on the basis of these Terms and Conditions.

We do not accept terms and conditions of the Advertising Space Buyer ("Advertiser" or "Customer") which wholly or partially deviate from these Terms and Conditions unless we have expressly agreed to them in writing. These Terms and Conditions are also exclusively in effect when we unconditionally perform our services with the knowledge of contrary terms and conditions of Advertiser.

These Terms and Conditions are also in effect for future transactions between Customer and CDH eService, including when the Terms and Conditions are not expressly mentioned. By placing an order, Customer accepts these Terms and Conditions.

Contracted Partners

INCREON GmbH, commercial registry number (HRB) 130165, local court (Amtsgericht) Munich, registered location Ismaning, Germany, conducts the organizational services on the Internet platform (for example, marketing, sales, technology, support of Advertisers and advertising space services, providing) on behalf of CDH eService, Berlin – Munich, and is jointly responsible.

Providing services are conducted by Factsoft AG, commercial registry number (HRB) 127116, local court (Amtsgericht) Munich, registered location Munich, Germany, on behalf of INCREON GmbH and CDH eService, and is therefore responsible for the tasks which are connected in the furthest sense with the providing services, and for tasks which are connected in the furthest sense with database and PHP programming and with technical support.

General Definitions

In these Terms and Conditions, "CDH eService" refers to the legal person which operates the Internet platform commercialagents.com.cy. "Advertisements" or "Ads" and "Agents Directory" are a part of the Internet platform of CDH eService.

In these Terms and Conditions, "Advertising Space Buyer" refers to the natural or legal person, corporation, or other association of persons which has requested or intends to request an advertisement or listing, or has issued, or intends to issue an order for banner advertising on commercialagents.com.cy. Further, "Advertising Space Buyer" refers to one who has entered oneself in the Agents Directory on the platform.

In these Terms and Conditions, "Reader" refers to the natural or legal person, corporation, or other association of persons which permits himself or herself to be advertised in the data supplied at commercialagents.com.cy. "Customer" is every Advertising Space Buyer or Reader.

Agreements

1 Subject Matter

1.1 Agents Directory

The subject matter is the provision of storage space by CDH eService for the storage of a website of Advertising Space Buyer (entry in the Agents Directory) and the placement of this website in the World Wide Web, as well as the updating and maintenance of this website.

1.2 Advertisements and Banner Advertisements

The subject matter is the provision of storage space by CDH eService for the placement of an advertisement or listing on commercialagents.com.cy as well as the placement of banner advertisements.

2 Duties of CDH eService

2.1 Agents Directory

(2.1.1)
CDH eService guarantees an availability of its Internet Web servers of 97% as the annual average. Excepted from this are times during which the Web server is not available over the Internet owing to technical or other problems which are not in the sphere of influence of CDH eService (force majeure, liability or negligence of third parties, etc.).

(2.1.2)
To enable Advertising Space Buyer access at any time the provider assigns Advertising Space Buyer a username and a password.

2.2 Advertisements and Banner Advertisements

(2.2.1)
CDH eService is a broker of data. These data are transmitted by the Advertising Space Buyer to the Agent Forum and made available to Reader(s).

(2.2.2)
To permit the Advertising Space Buyer to access the stored advertisements and/or listings at any time, Advertising Space Buyer assigns himself a username and a password.

(2.2.3)
CDH eService does not in any way assume any guarantee for the correctness and/or the legality of the data transmitted by Advertising Space Buyer. Advertising Space Buyer is responsible himself for the content of the transmitted data. CDH eService does not, as a rule, edit the advertisements or listings submitted.

CDH eService reserves the right to no longer make available to Readers transmitted data which are not within the bounds of public taste or which are illegal – also upon mere suspicion of such – and to transmit them to security authorities. Services may at any time be expanded, shortened, or subjected to other changes. The invoicing of Advertisements follows according to the current valid price list. In the case of a cancellation of an advertisement or listing by Advertising Space Buyer, no return remittance and/or refund of fees will be issued.

CDH eService further reserves the right to delete links to websites on other servers and/or delete completely designed advertisements without giving reasons and without notifying the Advertising Space Buyer and to make entries from particular Advertising Space Buyers impossible.

3 Duties of Advertising Space Buyer

3.1 Agents Directory

(3.1.1)
Advertising Space Buyer warrants that the data communicated by him or her are correct and complete. He further warrants to immediately inform CDH eService of respective changes to the communicated data and upon the corresponding request of CDH eService to again confirm the current correctness within 15 days from receipt. This applies in particular to name and postal address of Advertising Space Buyer.

(3.1.2)
Should interruptions arise during the use of the server as per Number 2.1.1, Advertising Space Buyer will be informed immediately of these interruptions by CDH eService.

(3.1.3)
Advertising Space Buyer is obliged to keep access data in accordance with Number 2.1.5 confidential vis-à-vis unauthorized third parties. In particular, username and password are to be stored such that the access to these data by unauthorized third parties is impossible, in order to rule out a misuse of the access through third parties.

(3.1.4)
The persons who use the contractually stipulated services with the knowledge and will of Advertising Space Buyer are not considered as unauthorized third parties in the sense of Number 3.1.3.

(3.1.5)
Advertising Space Buyer affirms that on the storage space subject to this agreement, he or she shall not save and place in the Internet any content whose provision, publishing or use violates applicable law, is legally prohibited, is contra bonos mores or infringes on the rights of third parties (trademarks, rights to bear a name, copyrights, data protection rights, etc.). In particular, Advertising Space Buyer undertakes not to offer or permit offering any pornographic content and any services aimed at generating a profit and having as a subject matter pornographic and/or erotic content. For each case of infringement of one of the above provisions, Advertising Space Buyer undertakes to compensate CDH eService a contractual penalty in the amount of 5,000.00 euro, where each singular act will be deemed an individual infringement.

(3.1.6)
Advertising Space Buyer agrees to indemnify the provider from any and all claims of third parties which result from the illegality of content which Advertising Space Buyer has stored on the storage space subject to this agreement. The indemnification also includes the agreement to indemnify completely CDH eService from legal and accounting fees (e.g., court and attorney fees).

(3.1.7)
Should third parties assert a claim against Advertising Space Buyer to change, delete or transfer one or more of the domains subject to this agreement — regardless of legal basis — Advertising Space Buyer is obliged to immediately inform CDH eService of this. The same is true of governmental measures of any kind which result from the use of one or more of the domains subject to this agreement.

(3.1.8)
Advertising Space Buyer undertakes to design his or her entry in the Agents Directory such that an excessive burden on the server; for example, through CGI scripts, high-resolution images, etc., which require high computing power or an above-average amount of working memory is avoided. CDH eService reserves the right to block from access by Advertising Space Provider or third parties pages which do not meet the above requirements. CDH eService will immediately inform Advertising Space Buyer of such a measure.

3.2 Advertisements and Banner Advertisements

(3.2.1)
Advertising Space Buyer warrants that the data communicated by him are correct and complete. He further warrants to immediately inform CDH eService of respective changes to the communicated data and upon the corresponding request of CDH eService to again confirm the current correctness within 15 days from receipt. This applies in particular to name and postal address, e-mail address, and telephone and fax numbers of the Advertising Space Buyer.

(3.2.2)
Should interruptions arise during the use of the server, Advertising Space Buyer will be informed immediately of these interruptions by CDH eService.

(3.2.3) Advertising Space Buyer is obliged to keep access data in accordance with Number 2.2.2 confidential vis-à-vis unauthorized third parties. In particular, username and password are to be stored such that the access to these data by unauthorized third parties is impossible, in order to rule out a misuse of the access through third parties.

(3.2.4)
The persons who use the contractually stipulated services with the knowledge and will of Advertising Space Buyer are not considered as unauthorized third parties in the sense of Number 3.2.3.

(3.2.5)
Advertising Space Buyer agrees to indemnify the provider from any and all claims of third parties which result from the illegality of content which Advertising Space Buyer has stored on the storage space subject to this agreement. The indemnification also includes the agreement to indemnify completely CHD eService from legal and accounting fees (e.g., court and attorney fees).

4 Blocking of Content

4.1 Agents Directory

(4.1.1)
Advertising Space Buyer is under an obligation to mark content placed on his or her Web pages as own content while specifying his or her complete name and his or her address. It should be noted by Advertising Space Buyer that a further statutory obligation of identification may exist; e.g., when teleservices or media services are offered on the Internet pages. Advertising Space Buyer agrees to indemnify and hold harmless CDH eService from any and all claims which may be based on a violation of the obligations mentioned above.

(4.1.2)
CDH eService is under no obligation to inspect the Internet sites (Web pages) of Advertising Space Buyers with regard to violations of law.

(4.1.3)
If and insofar as Advertising Space Buyer makes use of the storage space subject to this agreement contrary to the assurance as per Number 3.1.6 for storing illegal content, the Service Provider reserves the right to block access to this content over the World Wide Web through suitable measures.

(4.1.4)
If and insofar as the Advertising Space Buyer makes use of the storage space subject to this agreement contrary to the assurance as per Number 3.1.6 for storing illegal content, the Service Provider reserves the right to communicate the name and contact address of the Advertising Space Buyer to third parties, in order to permit official and legal measures against the Advertising Space Buyer.

5 Prices and Payment

5.1 Advertisements and Banner Advertisements

(5.1.1)
The prices for advertisements are fixed prices. The period of advertising selected by Advertising Space Buyer is the basis for the invoicing.

(5.1.2)
CDH eService reserves the right to increase the fees for the services it offers as it reasonably sees fit. CDH eService is entitled to further fee increases when the last price increase dates back at least six months.

(5.1.3)
CDH eService will invoice Advertising Space Buyer the contractually owed fees for the period of advertising placement time selected by Advertising Space Buyer. Invoices are due net for payment immediately from the invoice date. The payment possibilities are direct debit (only in Germany) and credit card (using WorldPay). When placing an advertisement, Advertising Space Buyer must choose one of these payment possibilities. A possible demand of Advertising Space Buyer not to publish one or more advertisements does not discharge the Advertising Space Buyer from his duty to pay.

(5.1.4)
Should Advertising Space Buyer default on payments due, Advertising Space Buyer is obliged to pay late payment charges in the amount of 8% per annum. The basic rate of interest on late payments set forth by law is in all cases the minimum rate of interest. CDH eService reserves the right to immediately block the Internet site of Advertising Space Buyer, and also that of the Advertising Space Buyer of the reseller.

(5.1.5)
In the case of promotions, the prices indicated for promotions are only valid for the run time of the respective promotion. The periods of notice are, however, as described under "Periods of Notice". Should the period of an ordered promotional service automatically be renewed, from the beginning of the renewal, the normal prices, no longer the promotional prices, are in effect.

(5.1.6)
The claim for payment of commercialagents.com.cy is based on the making available of the contractually stipulated services. Whether Advertising Space Buyer actually then makes use of these services does not inasmuch play a role. A remittance in the case of a cancellation is within the discretion of the operator and must be individually reviewed.

(5.1.7)
commercialagents.com.cy has no direct influence on the reaction of Readers to the placed advertisements and listings and can therefore not assume any liability for the number of any contacts. Further, commercialagents.com.cy rejects any guarantee of success for the establishment of a contact between Advertising Space Buyer and any Readers.

6 Guarantee and Liability

CDH eService is a broker of data and information. The integrity of data and information can in no way be guaranteed by CDH eService. For this reason, CDH eServices is not liable for loss which arises through incorrectly displayed or defective data. CDH eService is liable at most in the amount of the paid costs for services made use of. Claims in excess of this (e.g., lost profits) cannot be asserted.

(6.1)
For defects of its services in accordance with Numbers 1 and 2 of this agreement, CDH eService is liable according to the requirements of legal regulations.

(6.2)
CDH eService is not liable for the operability of the telephone connections to its server, and is not liable in the event of power outages and for the outages of servers over which it has no control.

(6.3)
In the case of slight negligence, CDH eService is liable only for the injury of fundamental contractual obligations (cardinal obligations). Apart from that, the pre-contractual, contractual, and non-contractual liability of CDH eService is limited to malice and gross negligence. The limits on liability are also in effect in the case of the indebtedness of a fulfillment partner of CDH eService.

(6.4)
CDH eService does not assume any liability for the content provided in the Internet as well as for loss resulting from its use.

7 Run Time, Cancellation

7.1 Advertisements and Banner Advertisements

(7.1.1)
The agreement is concluded for the period of the placement of the advertisement. The run time for every service in the Agent Forum offered subject to a charge is a maximum of 12 months. After this, the advertisements will automatically be deleted.

(7.1.2)
The provisions of this section shall not affect the right to terminate the agreement for good cause.

(7.1.3)
A good cause for the cancellation of this agreement is in particular present when the Advertising Space Buyer:

(a) is more than 20 calendar days late with the payment of the charges,
(b) violates the conditions for the award of a contract or the guidelines for award of the contract.

(7.1.4)
Every cancellation must be in writing to be effect; telefax is also acceptable.

8 Data Protection (Data Privacy)

(8.1)
CDH eService hereby draws attention in accordance with § 33 Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) to the fact that personal data are stored in connection with the processing of the agreement.

(8.2)
CDH eService expressly notifies Advertising Space Buyer that according to the current state of the technology, data protection for data transmissions in open networks, such as the Internet, cannot be entirely guaranteed. The Advertising Space Buyer knows that the provider can see at any time from a technical standpoint the website stored on the Web server and possibly also other data of the Advertising Space Buyer stored there. Other participants in the Internet are possibly technically in a position to interfere in an unauthorized manner in network security and to monitor the message traffic. The Advertising Space Buyer is entirely responsible for the security of the data transmitted by him into the Internet and of the data stored on Web servers.

(8.3)
Advertisements and Listings: In the case of advertisements quoting a box number, the data assigned to the box number are stored by CDH eService. However, they are not transmitted.

(8.4)
Additionally, we hereby draw attention to the Data Protection Statement of commercialagents.com.cy.

9 Statement Regarding Links to other Sites

The Web pages (website) of CDH eService may contain links to other independent third-party sites and graphics in the Internet ("Linked Sites"). For all these links as well as for all other notices on other or from other Internet sites, the following applies: The operators of commercialagents.com.cy have no control over the content of the Linked Sites. Therefore, CDH eService expressly distances itself from all content of all these Linked Sites.

10 Final Provisions

(10.1)
German law is to be applied in all respects to this agreement.

(10.2)
Insofar as Advertising Space Buyer is a merchant as defined by German law, a legal person governed by public law, a special fund governed by public law, or does not have legal venue in Germany, for all disputes arising out of or in connection with this agreement, the jurisdiction or venue is agreed to be Munich, Germany.

(10.3)
If any of the provisions of these Terms and Conditions be void or unenforceable or lose their validity through a later occurring circumstance, the validity of the other provisions remains in effect. Such provisions shall be replaced with a valid provision that best embodies the intent of these Terms and Conditions. The same is true for missing provisions.