1. Placing an Order

By placing an order with Vivalex Media GmbH, regardless of the form of the order (online or by phone), the client accepts the following general terms and conditions of business for the entire duration of the business relationship. In addition, the general terms of delivery and payment of Vivalex Media GmbH are accepted for the entire period of the business relationship. If the client wishes to establish individual contractual terms, he must notify Vivalex Media GmbH in writing. However, such individually agreed terms only take effect after written confirmation by Vivalex Media GmbH.

2. Description of Services

The acceptance of the client’s order by Vivalex Media GmbH is carried out by registering the client for the selected product. Acceptance of the general terms leads to the conclusion of a contract between the client and Vivalex Media GmbH for the provision of the company’s services.

If Vivalex Media GmbH provides free services that are not included in the respective tariff plan, they may be terminated at any time without giving reasons.

Vivalex Media GmbH has the right to terminate the contract with the client for good cause if the client intentionally violates his obligations under these terms.

The guaranteed availability of services by Vivalex Media GmbH is 99% on average per year. This corresponds to the tariff stated in the current price list. Exceptions are periods when the website is unavailable for technical or other reasons beyond the control of Vivalex Media GmbH (e.g. force majeure, actions of third parties, etc.). The client is responsible for backing up data. Vivalex Media GmbH is not obliged to provide data backups for the client.

3. Prices, Offers and Payment Terms

The offers of Vivalex Media GmbH are non-binding and subject to change. The actual prices and services provided by the company correspond to the current price list.

In the event of a price increase before execution of the order, the client will be notified in advance. The client has the right to cancel the order if the prices have been adjusted.

Invoices of Vivalex Media GmbH must be paid by the client within 10 days after dispatch. In case of late payment, the company is entitled to suspend the provision of services until payment is received.

If the client fails to meet payment obligations within 10 days after receiving a reminder, Vivalex Media GmbH is entitled to terminate the contract without notice.

If services were suspended due to late payment and the client has settled the debt, he must pay the cost of restoring access according to the current price list.

In the event of late payment, Vivalex Media GmbH may claim damages and charge default interest in accordance with the law (§ 288 BGB).

The client must reimburse Vivalex Media GmbH for expenses caused by his erroneous payments, such as chargebacks on credit cards or electronic transfers.

4. Contract Term / Termination

Unless otherwise stated in the specific offer, the contract is automatically extended by the minimum term or the original term if it has not been terminated one month before expiration. If the initial term is one month, the notice period is two weeks. If the initial term is more than one year, the extension is for one year.

The client must pay the cost of services of Vivalex Media GmbH in advance. The same applies when renewing the contract. Termination must be made in writing (§§ 126, 127 BGB).

5. Data Protection / Data Security

Vivalex Media GmbH collects, processes and uses the client’s personal data in accordance with the German Data Protection Act (BDSG). Further information can be found in our Privacy Policy.

The client receives access data (username and password), which must be kept secret and protected from unauthorized use by third parties. Vivalex Media GmbH is not liable for damages resulting from unauthorized use of access data due to the client’s fault.

6. Publication of Content

The client undertakes not to infringe the rights of third parties (trademarks, patents, etc.). In the event of a violation, Vivalex Media GmbH reserves the right to terminate the contract without notice and to block access to the client’s content.

7. Liability and Compensation for Damages

Vivalex Media GmbH is not liable for Internet disruptions. Any liability is limited to the amount of the service fee for the period during which the company did not provide the service. Exceptions are cases of intentional acts or gross negligence.

8. Applicable Law and Jurisdiction

The contracts between Vivalex Media GmbH and the client are subject to German law. If the client is a business, all disputes will be heard in the courts of Berlin.

9. Severability Clause

If any of the above provisions is invalid, the remaining provisions remain unaffected. In such a case, the parties undertake to conclude a valid agreement that comes as close as possible to the purpose of the contract.

10. Right of Withdrawal

Our cancellation policy can be found here: Information on the right of withdrawal from distance contracts.