General Terms and Conditions (GTC)
1. Scope
1.1 The following General Terms and Conditions shall apply to the entire business of Millenia Marketing GmbH (incl. the "confidently women" brand; "confidently women brands") with its contracting party, hereinafter referred to as the "Customer", unless expressly agreed otherwise in writing between the parties.
1.2 Together with the individual service descriptions and conditions contained in the offer, these General Terms and Conditions constitute the conclusive agreement (hereinafter referred to as "Agreement") between the Customer and Millenia Marketing GmbH.
1.3 An agreement between the parties shall be concluded when the customer has countersigned the offer and returned it to Millenia Marketing GmbH or accepted it via electronic means.
2. General subject of the agreement
2.1 The subject matter of the agreement shall be the services agreed in the offer and to be provided by Millenia Marketing GmbH or third parties. Millenia Marketing GmbH shall not owe specific successes. In particular, Millenia Marketing GmbH shall not give any assurances as to the occurrence of specific economic or other consequences.
2.2 Deadlines specified in the offer shall be deemed to be mere targets and shall not be binding.
2.3 Millenia Marketing GmbH shall be authorized at any time to make use of suitable third parties for the provision of its services and/or to transfer the provision of the order entirely to third parties.
3. Instructions and duty of the cooperation of the customer
3.1 Millenia Marketing GmbH shall act in accordance with the instructions given to it by the customer. In the event that instructions are not given, are not given in time or in urgent cases, Millenia Marketing GmbH may, without consulting the customer and at the customer's expense, take all measures which Millenia Marketing GmbH deems useful or necessary.
Millenia Marketing GmbH shall inform the customer as soon as possible of any such measures taken.
3.2 Millenia Marketing GmbH may charge the customer in full for any additional expenses incurred as a result of instructions not being given or not being given on time.
3.3 The services of Millenia Marketing GmbH depend to a significant extent on the customer's cooperation with Millenia Marketing GmbH. The customer shall provide Millenia Marketing GmbH in a timely manner, without special request, with all information and documents required for proper performance of the services pursuant to the service agreement. Millenia Marketing GmbH may assume that the documents and information provided by the customer as well as the instructions are correct and complete. Millenia Marketing GmbH shall not be liable for any loss, damage or deficiency in connection with the services resulting from inaccurate or incomplete or otherwise incorrect information and documents or incorrect instructions.
4. Confidentiality
4.1 The parties undertake to maintain secrecy about all confidential information of which they become aware on the occasion of or in connection with the provision of services within the scope of the execution of the agreement. Confidential shall mean all data concerning facts, methods and knowledge which, at least in their concrete application in the course of the performance of the Agreement, are not
a. is or becomes generally available to the public, whereby this is not due to a breach of an obligation under this Clause 4;
b. acquired by a third party without an obligation of confidentiality;
c. acquired by a third party without an obligation of confidentiality;
d. is generally known or can be easily determined by third parties with general knowledge.
4.2 Excluded from the foregoing is the disclosure and transfer of Confidential Information by Millenia Marketing GmbH to third parties in the course of providing the Services pursuant to the Agreement or for data processing and storage, provided that the respective third parties are subject to an equivalent obligation or statutory provision to maintain confidentiality.
4.3 The confidentiality obligation shall continue to exist beyond the termination of the contractual relationship
4.4 The above obligations shall not prevent Millenia Marketing GmbH from executing the same or similar orders for other customers
4.5 The Customer acknowledges that Millenia Marketing GmbH also uses electronic media such as telephone, e-mail and websites for its communication with the customer and with third parties in connection with the agreed services. During electronic transmission, data may be intercepted, destroyed, manipulated or otherwise adversely affected, as well as lost for other reasons and arrive late or incomplete. Each party shall, on its own responsibility, take reasonable precautions to ensure error-free transmission and receipt of electronic data. The customer acknowledges that absolute protection is not possible. Millenia Marketing GmbH therefore disclaims any liability for unauthorized access and manipulation of electronically transmitted data.
5. Storage
Millenia Marketing GmbH shall have the right to destroy customer data and files after ten years from the completion of the respective activity without prior request.
6. Property rights and rights of use
6.1 Millenia Marketing GmbH shall be exclusively entitled to all property rights, such as intellectual property rights and licensing rights, to the documents, products or other work results produced by Millenia Marketing GmbH in connection with the services rendered, as well as to the know-how developed and used in this connection.
6.2 Millenia Marketing GmbH shall grant the customer, after full payment of the agreed remuneration, a non-exclusive and non-transferable right of use for the customer's own exclusive use of the documents, products and other work results provided to the customer, including the associated know-how.
7. Remuneration
7.1 Unless otherwise agreed, the remuneration due for the services to be performed by Millenia Marketing GmbH in accordance with the agreement and included therein shall be paid by the customer in advance without deduction to the account specified by Millenia Marketing GmbH.
7.2 If payment is not received on time, Millenia Marketing GmbH shall have the right, provided the agreement has been validly concluded (cf. Section 1.3), to immediately discontinue contractually guaranteed services, to block any online access, to shut down websites or to terminate the agreement without notice. In the event of late payment, the customer may be charged reminder fees in the amount of CHF 20 per reminder. In addition, in the event of default from the due date, interest on arrears of 5% p.a. shall be owed.
7.3 In the event of termination of the Agreement, the Customer shall pay Millenia Marketing GmbH for all services and expenses already rendered, unless such costs are already covered by the prepaid remuneration.
7.4 Bei einer Kündigung der Vereinbarung bezahlt der Kunde der Millenia Marketing GmbH alle bereits erbrachten Dienstleistungen und Auslagen
7.5 Unless expressly agreed otherwise in the offer between the customer and Millenia Marketing GmbH,
a. remuneration shall be charged on a time basis at an hourly rate customary for the provision of the service. This shall amount to at least CHF 180.– per hour
b. Millenia Marketing GmbH shall be entitled to reimbursement of expenses and third-party fees incurred;
c. remuneration and expenses are exclusive of taxes.
8. Liability and warranty
8.1 Millenia Marketing GmbH shall be liable for intentional or grossly negligent breach of its contractual obligations. For negligent breach of its obligations, liability shall be limited to a maximum of the amount of remuneration paid by the Customer pursuant to the service agreement in the year of the damaging event.
8.2 Liability for persons to whom Millenia Marketing GmbH has entrusted the provision of services on an authorized basis or whom Millenia Marketing GmbH has engaged for this purpose is hereby excluded altogether. Such third parties shall be exclusively liable themselves.
8.3 Under no circumstances shall Millenia Marketing GmbH be liable for damages for which it is not responsible. It shall also not be liable for lost profits and sales and for unrealized savings (even if these are the direct cause of the damaging event); indirect or consequential damages (even if these damages or losses were foreseeable or Millenia Marketing GmbH was advised of the possible occurrence).
8.4 There is no warranty of any kind.
9. Web design and hosting in particular
9.1 The services provided by Millenia Marketing GmbH shall include the creation and testing of the Customer's web pages with all activities necessary for this purpose, the provision of storage space, the registration with search engines, if necessary, the transfer of the web pages to the appropriate server on which the Customer has storage space, as well as other services specifically agreed upon with the Customer, in particular service packages which correspond to the purpose of the company.n.
9.2 Millenia Marketing GmbH shall create the websites according to the customer's wishes, which may be changed in writing at any time during the contractual relationship with the corresponding surcharges. As a rule, a lump sum shall be charged which takes into account all services agreed upon at the time the order is placed. In the event of deviations from the services listed in the offer, surcharges may be applied, which shall be based on the time and effort involved and the approach set out in Section 7.5.
9.3 After termination of the contractual relationship by receipt of payment and delivery of the websites to the customer, Millenia Marketing GmbH shall not assume any warranty or guarantee for errors caused by the customer's intervention or the intervention of third parties. Upon receipt of the web pages, the customer shall satisfy itself that the web pages produced by Millenia Marketing GmbH function under the previously specified test conditions. The customer can only extend Millenia Marketing GmbH's liability by concluding a corresponding maintenance contract. However, Millenia Marketing GmbH shall not guarantee the completeness of the data and that the service will satisfy a specific purpose pursued by the Customer.
9.4 Millenia Marketing GmbH does not guarantee the availability of specific domain names and excludes liability for the temporary inaccessibility of the hosted domain.
9.5 The costs of website hosting shall be invoiced annually. In all other respects, the conditions in Clause 7 concerning remuneration shall apply. Cancellation may be effected at any time by giving one month's notice as of the end of any month. A refund of hosting costs for the current period shall not be granted.
9.6 Registration with search engines shall be carried out by Millenia Marketing GmbH to the best of its ability. However, Millenia Marketing GmbH shall not guarantee the success and usefulness of the registration.
9.7 Millenia Marketing GmbH shall be liable, if instructed to do so, for ensuring that the customer's data is properly transferred to the server of its choice. The Customer must satisfy itself of this after completion of the order. Millenia Marketing GmbH shall not be liable for any changes subsequently made by the customer himself or by third parties.
10. Products via "confidentlywomen.com" in particular
10.1. We do not offer products for purchase by minors. Our products for children and teenagers can only be purchased by adults. If you are under 18, you may use confidentlywomen.com only with the involvement of a parent or guardian.
10.2. We do not offer products for purchase by minors. Our products for children and teenagers can only be purchased by adults. If you are under 18, you may use confidentlywomen.com only with the involvement of a parent or guardian.
10.3. You agree that you will receive invoices electronically.
10.4. In all other respects, the other provisions of these GTCs shall apply unless they conflict with Section 11. In particular, there is no right of withdrawal in the sense of the distance selling legislation of the EU.
11. Duration of the agreement and termination
11.1. The term of the agreement shall apply from the conclusion of the agreement pursuant to Section 1.3 and shall last until the service has been provided, unless otherwise agreed. The provisions regarding the hosting of websites as well as the provisions in Section 10 shall remain reserved.
11.2. The right to extraordinary termination in the event of default of payment by the Customer (cf. Section 7.2) or for other important reasons is reserved
11.3. There is no other right of cancellation or withdrawal.
12. Miscellaneous provisions
12.1. With the exception of the Customer's obligation to pay for the services rendered or the products delivered, neither party shall be liable for any failure to perform any obligation under this Agreement for reasons beyond its reasonable control.
12.2. If individual provisions of this Agreement are invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby. The relevant provision shall be replaced by a permissible provision which corresponds as closely as possible to the intended purpose. In case of different translation or meaning, the provision or word from the German GTCs shall prevail.
12.3. Millenia Marketing GmbH shall be entitled to provide services for other customers.
12.4. Amendments to the agreement must be made in writing.
12.5. This Agreement shall be governed by Swiss substantive law to the exclusion of conflict of laws and international agreements, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG).
12.6. The place of performance for all obligations arising from this agreement is Basel.
12.7. The competent court for all disputes arising from this agreement shall be the competent court for Basel-Stadt. Millenia Marketing GmbH shall also be entitled to sue the customer at its place of business.
Status: June 2022
Copyright 2022 - Millenia Marketing GmbH
This site is not part of the Facebook or Instagram website or Facebook Inc. Additionally, this site is NOT endorsed by Facebook or Instagram in any way. Facebook is a trademark of FACEBOOK, Inc.
EARNINGS DISCLAIMER
Any earnings or income statements or examples shown through our website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our website. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our website. You are solely responsible for your results. This website is in no way sponsored, administered, or associated with Facebook, Inc. or Instagram, Inc.