General Terms and Conditions

1 General

a) Scope of Application

These General Terms and Conditions apply to all business relationships between search-clicks.com, DMS Digital Marketing Service LLC, 530-B HARKLE ROAD STE 100, Santa Fe (hereinafter referred to as search-clicks.com) and its customers in the version valid at the time of conclusion of the contract. Any conflicting general terms and conditions of the customer are expressly contradicted herewith.

b) Contractual Agreement

The contract language is German.

§ 2 Conclusion of Contract

a) Conclusion of Contract by Registration on search-clicks.com

If the use of the services offered by search-clicks.com requires registration, this registration must be carried out on the website of search-clicks.com. Registration is only permitted for adults with unlimited legal capacity and with a permanent residence in Germany, Austria, and Switzerland.

Registration is free of charge. The registration process consists of a total of three steps. First, the user enters their data including address and email address and sets a password for using the website. Then they confirm the validity of the privacy policy and the terms and conditions. In the last step, they confirm their entries by clicking on the “Register” button. By confirming, the user bindingly submits their contract offer. search-clicks.com is entitled to accept the contract offer regarding the use of the website within two days after receipt of the registration by email, fax, or post. Upon acceptance, the contract between search-clicks.com and the user is concluded. The customer has the opportunity to enter their address data in the area of their profile.

b) Confidentiality

The user’s rights under the contract concluded with search-clicks.com are not transferable. The password, which enables the user access to the personal area and thus also to data collection and data storage, must be treated as strictly confidential and must not be passed on to third parties under any circumstances. The user takes appropriate and reasonable measures to prevent third parties from becoming aware of their password.

c) Storage of Contract Text

The contract text is stored by search-clicks.com and sent to the customer in text form (e.g., email, fax, or post) after sending their order, along with these terms and conditions and customer information. However, the customer cannot access the contract text via the seller’s website after sending their order. The customer can print out the relevant website with the contract text using the browser’s print function.

d) Subsequent Changes to the Terms and Conditions

search-clicks.com is entitled to subsequently adjust and supplement the General Terms and Conditions with regard to existing business relationships, to the extent that changes in legislation or case law require it or other circumstances lead to a significant disturbance of the contractual equivalent relationship. A subsequent change to the terms and conditions becomes effective if the customer does not object to the change within six weeks of being notified of the change. At the beginning of the deadline, search-clicks.com will expressly inform the customer of the effect of their silence as acceptance of the contract amendment and will give them the opportunity to make an express statement during the deadline. If the customer objects within the deadline, both search-clicks.com and the customer can terminate the contractual relationship with immediate effect.

§ 3 Performance

a) General

search-clicks.com is a provider in the advertising and customer management sector. search-clicks.com offers its customers the opportunity to increase the number of clicks on a search result within the search results page by placing advertising campaigns on www.google.de/.com, thereby increasing reach and visibility.

b) Performance Delays

Performance delays due to force majeure and due to extraordinary and unforeseeable events that cannot be prevented even with the utmost care of search-clicks.com (including, in particular, strikes, governmental or judicial orders, and cases of incorrect or improper delivery despite corresponding cover transactions) are not the responsibility of search-clicks.com. They entitle search-clicks.com to postpone the delivery for the duration of the obstructing event.

c) Withdrawal

In case of unavailability due to the aforementioned reasons, search-clicks.com can withdraw from the contract. search-clicks.com undertakes to inform the customer immediately about the unavailability and to refund any consideration already provided.

d) Further Development of the Service / Availability

search-clicks.com endeavors to adapt its services to current technical and market developments. search-clicks.com reserves the right to make changes to the agreed services, provided that such changes do not affect the core services and are reasonable for the contractual partner, taking their interests into account. The database is guaranteed within the technical and operational possibilities, taking into account the interests of the customer, with temporary and occasional restrictions within reasonable limits (e.g., server maintenance, technical malfunctions).

§ 4 Prices, Remuneration and Term

a) Prices

The prices and products for the individual services include VAT and are based on the price list and product offering valid at the time of each order.

b) Debiting of Credit for Advertising Space

By creating and activating a campaign within the customer area on the search-clicks.com platform, the user’s campaign is promoted by search-clicks.com. For this purpose, the customer must top up the credit account (according to the package booked by them). The successful execution of search queries on www.google.de/.com results in a deduction of points from the user’s credit account.

c) Term and Termination

The contract term is indefinite from the receipt of the acceptance declaration by search-clicks.com. The contract can be terminated in text form without observing a notice period. The necessary contact details can be viewed by the customer in the legal notice. The right to terminate without notice for good cause remains unaffected.

d) Consequences of Termination

In the event of termination, all user data will be deleted at the end of the contract term.

e) Right of Retention

The customer is only entitled to assert a right of retention for such counterclaims that are due and based on the same legal relationship as the customer’s obligation.

§ 5 Right of Withdrawal for Consumers in Distance Selling Contracts (Services)

Withdrawal Information: Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of concluding the contract. To exercise your right of withdrawal, you must inform us (DMS Digital Marketing Service LLC, 530-B HARKLE ROAD STE 100, Santa Fe, Telephone: +49 (0) 391 – 509 591 70, Email: support[at]DMS Digital Marketing Service.info) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached sample withdrawal form, which is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have requested that the services begin during the withdrawal period, you shall pay us an appropriate amount equal to the proportion of services already provided by the time you inform us of exercising the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

– End of the Withdrawal Information –

Special Notices Regarding Early Expiration of the Right of Withdrawal

Your right of withdrawal expires prematurely if the entrepreneur has completely fulfilled the service and only began to execute the service after you have given your express consent and simultaneously confirmed your knowledge that you lose your right of withdrawal upon complete fulfillment of the contract by the entrepreneur.

§ 6 Availability

search-clicks.com does not guarantee the continuous availability of the services offered. Furthermore, it does not assure that the services offered, or parts thereof, can be made available and used from any location.

§ 7 Data Backup Obligation

If the contract provides the option for the customer to create advertising spaces in the customer area, the customer is responsible for securing the stored data and content. The data entered by the user into the system is always backed up via a server as part of data storage. However, search-clicks.com does not assume a general obligation to back up the data entered by the user into the system. Search-clicks.com exercises due care in providing the agreed services.

§ 8 License

To the extent necessary for the provision of search-clicks.com services, search-clicks.com acquires usage rights to the content posted.

§ 9 Use

a) General

The user undertakes to use the services offered by search-clicks.com only to the extent permitted by law and these terms and conditions. Misuse of use will result in the exclusion of the user’s right of use granted through registration. Upon becoming aware of any misuse, search-clicks.com will deactivate the user account of the respective user. Any fees already paid will not be refunded in this case, and any points collected will not be paid out.

b) Content of Offers, Advertisements, and Profile Creation

The customer undertakes to only post truthful content and legitimate offers and to carefully and properly compile the information about the offer sent to search-clicks.com and to deactivate or update it promptly if the content is no longer up to date. The customer is solely responsible for the content and accuracy of the data and images provided. Furthermore, the customer undertakes not to transmit any data or images whose content infringes third-party rights (e.g., personality rights, naming rights, trademark rights, copyright, etc.) or violates existing laws.

c) Misuse of Use

Misuse of use includes, in particular, copyright infringements. Furthermore, misuse of use includes the provision, distribution, or other exploitation of illegally obtained data, as well as the dissemination or provision of data for illegal purposes. In particular, the use of the search-clicks.com service:

• for sending spam,
• for sending and storing offensive, obscene, threatening, insulting, or otherwise infringing content on third-party rights,
• by parties, politicians, or political organizations,
• for the dissemination and promotion of illegal content, FSK-18 content, racist or offensive content,
• for influencing product ratings, competitions, and votings,
• for listing search results of third parties without their explicit consent,
• for sending and storing viruses, worms, Trojans, and other harmful computer codes, files, scripts, agents, or programs,
• for uploading programs that are capable of disrupting, impairing, or preventing the operation of search-clicks.com,
• in an attempt to gain unauthorized access to the search-clicks.com service or to individual modules, systems, or applications, or to grant such access to third parties

is considered abusive.

d) Indemnification

The user undertakes to indemnify search-clicks.com from all claims by third parties, including reasonable or legally determined costs for legal prosecution, which are based on non-contractual, abusive, and/or unlawful use of the website services and their content by the user. The user supports search-clicks.com.de in defending against these claims, in particular by providing all necessary information for the defense. The user is obliged to compensate search-clicks.com for the damages incurred as a result of successful enforcement of such claims by third parties.

§ 10 Liability

a) Disclaimer of Liability

search-clicks.com as well as its legal representatives and vicarious agents shall only be liable under the following reservation for intent or gross negligence. In the case of slight negligence, liability is limited to the breach of essential contractual obligations, consequently those obligations whose fulfillment is essential for the achievement of the purpose of the contract. In this case, liability is limited to the foreseeable, contract-typical, direct average damage. In the case of customers who are not consumers, search-clicks.com is liable for grossly negligent breaches of non-essential contractual obligations only up to the foreseeable, contract-typical, direct average damage.

b) Liability Reservation

The above disclaimer of liability does not apply to liability for damages resulting from injury to life, body, or health. The provisions of product liability law are also unaffected by the disclaimer of liability.

c) Liability for Content

The customer is solely responsible for the content of his profile, his offers, or his forum entries and comments. He must not violate applicable laws or these terms and conditions with the content. Furthermore, he undertakes not to transmit any data whose content infringes third-party rights (e.g., personality rights, naming rights, trademark rights, copyright, etc.).

In particular, profiles, offers, or forum entries with punishable content may not be published, and untrue facts may not be asserted. search-clicks.com.de is not liable as the operator of the website for incorrect information provided by users in their profiles, offers, or forum entries. Furthermore, search-clicks.com.de is not responsible as a service provider for third-party information as long as search-clicks.com.de has no knowledge of any illegality. In particular, search-clicks.com.de is not liable for copyright infringements committed by its users. As soon as search-clicks.com.de becomes aware of this or is informed by users, search-clicks.com.de is obliged to immediately block the corresponding content or information or access to it.

§ 11 Final Provisions

a) Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is agreed to be the registered office of search-clicks.com in Magdeburg, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no place of jurisdiction in the Federal Republic of Germany.

b) Choice of Law

Unless mandatory statutory provisions of the customer’s home country prevent this, German law shall apply, excluding the UN Sales Convention.

c) Severability Clause

The invalidity of individual provisions does not affect the validity of the remaining general terms and conditions.