Contract - Create your own website including your own domain name.

Contract on Creation and Usage of a Website by and between the User on the one hand and Company Colist GmbH (hereinafter briefly referred to as “Colist”) on the other hand, on basis of the attached Terms & Conditions, which shall become integral part of the Contract.
User’s execution of the Contract shall be deemed as his reading and acceptance of the Terms & Conditions.

1.
“Creation of a Website” shall cover the following services:
  • Provision of a domain name (registration and user fees shall already be included)
  • Provision of software for a stand-alone website which User shall be entitled to post individual texts and images via its member area on. User shall also be entitled to replace or amend its texts and images at any time. User shall solely be responsible for the creation of respective website contents (text as well as images).

“Website Software” shall comprise:
  • Navigation in 17 different languages (German, English, Italian, French, Spanish, Russian...).
  • Automated translation of website’s text content by means of machine translation into 17 languages.
  • Option for potential clients to place inquiries by using a contact form provided on the website.
  • Translation assistant for client inquiries: inquiries placed in foreign languages shall be automatically translated into your native language by means of machine translation. Your responses to clients shall be re-translated into the clients’ native languages by the same means.
  • Navigation bar placed on the left side (start page, summary, disclaimer…)
  • Option for 8 sub-pages, access to which is provided via navigation bar
  • Option for a corporate logo being placed on top of the website (banner)
  • Individual color design for the website
  • Satellite photo of your company/location

2. User Fees
The amount of the User Fees shall be based on Colist’s Conditions for Rates and Charges valid at the point of Contract’s conclusion. The respective fees currently amount to:
250 EUR per year.
User Fees shall be payable in advance upon receipt of electronically transmitted invoices and shall generally be due for payment within 7 days as of the respective invoice date. In the event of delayed payment, default interest in the amount of 7% - however, in the minimum statutory default interest applicable between traders – shall be agreed.

3. Term and Termination
The Contract’s term shall start with electronic registration and shall initially last for a period of 12 months. The Contract shall automatically extend on additional 12 months, unless it is being terminated by one of the Parties hereto. The respective notice period shall be two months by the end of the first year, for all subsequent years it shall be by the end of each half year. To become effective, cancellation of the Contract shall be in writing and communicated via fax or e-mail to the contact form provided on www.support.colist.eu.
Please note that cancellation provisions for consumers in internet business do not apply in this case as the offer represents an immediately performed customized service.


GENERAL TERMS and CONDITIONS OF USE AS 2014-08-20

for
  • use and enjoyment of online-platform www.colist.eu including all sub-domains;
  • order, use and enjoyment of an Internet presence on Colist (extended Business Listing);
  • order, use, and enjoyment of an individual Website;
  • order, use, and enjoyment of an Internet Shop;
  • order to register the Website with search engines; and
  • order of a Package containing individual services.

Obligation to provide information as per § 5, subparagraph 1, E-Commerce Act (EGC):
Colist GmbH
A-9841 Winklern, Langang 19
E-mail: contact form: www.support.colist.eu
Phone + 43-4822-20679
Fax + 43-4822-7426
VAT registration no.: ATU 64284688
FN: 312833z
Professional Group: advertising, trade, and Internet services
Supervisory Body: District Commission of A-Spittal a.d. Drau

1. Scope of Contract
The following Terms and Conditions of Use shall govern the mutual rights and obligations of Colist (Company Colist GmbH) and User who presents its Company on Colist and/or makes use of /orders services provided by Colist.
However, Colist shall not be deemed to stand in any kind of business relationship whatsoever to final customers.

2. Contract Conclusion, Nature and Scope of Services, User Fees
2.1.
The Contract shall be concluded on the one hand by User selecting a specific package/service, filling out the registration form, confirming its reading and acceptance of the Terms and Conditions of Use, and clicking the button “Order at a fee”, and on the other hand by Colist confirming registration.
Once User has successfully registered, Colist shall assign User the non-exclusive and non-transferable right to use the Services to the extent which is provided by the respectively ordered Package for the Contract's Term.
2.2.
User Fees shall be based on Colist's Conditions for Rates and Charges valid at the time of Contract’s conclusion and on selected Packages/Services.
User Fees for the Contract’s Term shall be payable in advance upon receipt of the electronically transmitted invoice and shall generally be due for payment within 7 days as of the respective invoice date. In the event of one-off fees being agreed, these shall be due for payment within 7 days as of the respective invoice date. In the event of delayed payment, default interest in the amount of 7% - however, in the minimum amount of statutory default interest applicable between traders – shall be agreed.
In the event User is in arrears with payment, Colist reserves the right to suspend User's Member Area and thus User’s access to inquiries and the general member area and/or User’s Listing, including all pertinent links such as and in particular independent Website www.name.colist.eu, www.name.eu and/or set User’s individual Website and/or Online Shop off line or delete them. Such action shall not release User from its obligation to pay User Fees.
2.3.
As integral part of the provided Online Service, User agrees to receive notifications on final customers viewing User’s Presence on Colist. This declaration of consent may be revoked at any time. The bottom lines of all notifications shall provide a link for cancellation. Cancellation shall also be valid if communicated in writing (via e-mail, postal letters, or fax).
2.4.
User expressly represents to conclude this Contract within the scope of its business. User furthermore expressly represents to be duly authorized for entering into a contractual relation with Colist based on these Terms and Conditions.
Any additional provisions – in particular User's own Terms and Conditions – shall not apply, even if Colist does not explicitly object them. Solely valid Terms and Conditions shall be those of Colist.

3. Term and Termination
3.1.
Package “Professional Internet Presence with Colist.eu - Try our service for 30 days free of charge”
The Contract’s Term for Package “Professional Internet Presence with Colist.eu - Try our service for 30 days free of charge” shall start with electronic registration and shall initially last for a period of 13 months, with the first month (30 days) being free of charge. Throughout the first month (30 days) after Contract’s conclusion User shall be entitled to cancel the Contract at any time and without giving reasons if User does not wish to exercise its right to utilize Online Services which are subject to a fee up from the 31st day from electronic registration (Contract’s conclusion). Termination shall be in writing and communicated via fax or e-mail to the contact form provided on www.support.colist.eu. Cancellation shall not be retroactively legally valid until Colist’s confirmation of such cancellation.
The Contract shall automatically extend on additional 12 months, unless it is terminated by one of the Parties hereto. The respective notice period shall be two months by the end of the first year, for all subsequent years it shall be by the end of each half year. To become effective, cancellation of the Contract shall be in writing and communicated via fax or e-mail to the contact form provided on www.support.colist.eu.
3.2.
Package “Creation of Your Website including Individual Domain Name”; Package “Individual Internet Shop including Payment System”; Package “Website + Internet Shop + Professional Internet Presence with Colist.eu - Try our service for 30 days free of charge”
The Contract’s Term shall start with electronic registration and shall initially last for a period of 12 months. We explicitly point out that the option for Contract’s Termination as granted for the Package set forth under Article 3.1. shall not apply for this case.
The Contract shall automatically extend on additional 12 months, unless it is terminated by one of the Parties hereto. The respective notice period shall be two months by the end of the first year, for all subsequent years it shall be by the end of each half year. To become effective, cancellation of the Contract shall be in writing and communicated via fax or e-mail to the contact form provided on www.support.colist.eu.
3.3.
Package “Your Website’s Registration with 95 Major Search Engines“
This is a one-time Service provided by Colist. It shall not constitute any continuing obligation; neither shall any option for withdrawal be included.
3.4.
Any and all Rights to Use shall forfeit upon the Contract's Termination. In particular, Colist shall be entitled to delete User's domain name. In the event User requests the domain's transfer to its own name, User must verifiably inform Colist on this request in due time before the Contract's Termination. Without charging any fee, Colist shall and will agree to User's domain transfer (at User's own expense).
3.5.
However, if User is in breach of the agreed Contract (in particular, but not limited to of Article 4.4) or in the event User is in arrears with its payment of User Fees despite dunning, Colist shall be entitled to the Contract's early Termination and to delete User's Listing, including all pertinent links and/or the Website and/or the Internet Shop. Colist additionally reserves the right to claim for further compensation.
In suchlike case, any advance payments received by Colist shall not be refunded.

4. Terms of Use
4.1.
Upon Termination of the Contract, Colist shall be entitled but not obliged to continue presenting respective companies with photo/company logo, name, and contact data on Colist for an indefinite period of time. User shall be entitled to revoke this permit in writing, by fax or e-mail, using the contact form provided on www.support.colist.eu.
4.2.
Colist shall only provide such software required to send inquiries to User. Neither User nor any third party shall be entitled to any rights or obligations against Colist arising therefrom. Possible agreements shall be deemed direct agreements made between User and third party. Colist shall be exempted from any liabilities whatsoever.
4.3.
Under no circumstances whatsoever, any data and/or information belonging to Colist, in whole or in part, shall be sold or sub-licensed. The same shall apply to any copies or reproductions thereof. Any decompiling or modification of software in whatsoever form shall be strictly prohibited.
User shall undertake not to modify programs offered by Colist in any form that exceeds the options for individual settings provided by the program. User is explicitly informed on the fact that even minor software modifications may affect the entire system's functionality.
4.4.
User shall ensure and represent that data/contents and images (in particular such search key words for User’s business to be placed within the scope of Google Ads ) User presents on and uploads to Colist’s Website / User’s individual Website / User’s Internet Shop:
- do not infringe any industrial property rights, such as and in particular rights to photos and images, copyrights and trademark rights or any other third party rights. The same shall apply to any and all publication rights and data protection rights;
- do not violate any public Law, public policy, public bylaws or regulations, including export regulations and regulations on e-commerce;
- do not damage any third party‘s business reputation, and are not of unlawful, threatening, or inciting nature;
- are not of obscene or pornographic nature;
- do not infringe any law on unfair competition, discrimination and deceptive advertising, and do not contain any viruses, “Trojans”, “worms”, “time bombs”, “cancel bots” or any other software program which might compromise systems, data or personal information or adversely affect these in any other form; and
- do not constitute any breach of any other legal provision and/or regulation.
4.5.
Colist shall provide User with access to allow for creating/changing/administering User’s account/Website/Internet shop. Respective access is password-protected. User shall be obliged to treat its password confidential.

5. Warranty and Liability
5.1.
Colist Website aims to provide best possible accuracy, reliability and availability. However, the current state of technology does not allow for unlimited exclusion of hardware or software-related malfunctions under all operational conditions. Therefore, Colist shall not be held liable or deemed to grant any warranty whatsoever as to this.
Colist uses its best efforts to provide quick as possible technical and economical remedy for breakdowns and malfunction, in particular of telecommunication lines, Internet routes, such incidents resulting from force majeure or being caused by third parties or User, and/or damages caused by viruses which originate from the Internet while making use of provided Online Services. However, Colist is unable to guarantee services and requested connections and/or Websites and Internet Shop will steadily be available in an interruption-free manner and permanently accessible online. To the extent required for carrying out essential operations or avoiding interferences in use, Colist shall be entitled to suspend its service provision temporarily; in particular Colist shall be entitled to interrupt or limit the duration of connections within its telecommunication lines. Therefore, continuous availability can not be guaranteed and shall accordingly not be owed. Colist’s liability for power breakdown and/or other circumstances beyond its reasonable control shall generally be excluded. Unless damages are caused by Colist’s intent or gross negligence, any compensation claims against Colist shall be excluded.
The maximum amount due for compensation and warranty shall be limited to EUR 1.000.- per each claim. In the event of more than one claimant being present the respective amount shall be proportionally divided amongst them. Any claim against Colist shall be asserted in writing within 2 months as of the date of occurrence of the respective damage. Compensation for any claim being asserted any later shall be excluded.
In the event User does not secure its data on a weekly basis, Colist shall not be liable for any data reacquisition. In particular, User shall be responsible for securing its data and contents subsequent to any modification thereof on a server independent from Colist.
5.2.
Any and all contents offered by Colist shall be provided exclusively for information purposes. Colist shall not assume any liabilities and warrantees as to the accuracy and lawfulness of contents presented on the Colist Website (including those contents of externally linked-to websites).
It is neither possible nor reasonable for Colist to continuously check data/contents/images provided on Colist Website and linked-to websites without clear evidence of rights violation. However, in the event Colist becomes aware of suchlike infringements, Colist shall immediately delete respective links/contents/data.
Complaints as to infringements shall be forwarded to Colist either by mail or via e-mail to copyright@colist.eu.
5.3.
Colist shall not assume any liabilities as to data provided by final customers in the event of inquiries actually being correct. In particular, Colist shall not be held liable for the actual existence of final customers’ provided names and addresses.
5.4.
Colist shall not be liable for possible consequential damage arising from non-availability of the Colist-System and/or its service breakdown, possible wrong queries, and/or misuse of the Colist-System by third parties. This waiver of liability shall in particular apply to loss of profits, loss of business information and/or loss of content.
5.5.
User shall solely and fully guarantee and be responsible for all data being provided by User – in particular information as to prices – being accurate. Furthermore, User shall solely and fully guarantee and be responsible for all prices indicated by User being inclusive prices which include any and all arising fees, taxes, and other dues. User shall be responsible for any and all provided data, images, and contents and User shall fully indemnify Colist from and keep it harmless against any and all claims asserted by any third parties in relation therewith.
User shall be obliged to immediately inform Colist on all changes in its e-mail address, place of residence and/or registered office, its invoice address and/or its phone/fax number.
5.6.
In the event any third party should bring judicial or extra-judicial action forward against Colist with respect to the content of User’s Listing/Website/Internet Shop and in particular search key words being provided by User for its Google advertisements and photos (content), then User shall undertake to keep Colist indemnified from and harmless against any and all such claims.
Notwithstanding User’s respective liability and to retain User’s best interest, Colist reserves the right to temporarily or permanently delete such content provided by User from Colist and all related servers in the event of any suchlike judicial or extra-judicial action being brought forward against Colist by any third party. No claim for compensation whatsoever shall arise to User from any such act. Any expenses arising in relation to such protective measure being taken to inure to User’s benefit shall be borne by User.
5.7.
User shall be obliged to inform itself on legal regulations with respect to providing an Internet Shop or a Website, and User shall comply with respective legal regulations. In particular, User shall be obliged to appropriately place and continuously maintain a disclaimer containing all relevant information provided by Law on its Website and/or Internet Shop, and to duly comply with all legal obligations to provide information on its Website and/or Internet Shop, and to keep respective information continuously updated.
In the event, User is a commercial User and in breach with the provisions set forth herein under Article 5.7. and Article 4.4., User shall (while each single act shall be deemed an individual infringement) pay a contractual penalty in the amount of EUR 3.000.- to Colist for each individual breach.
5.8.
Colist shall only provide an option for using a payment system in connection with the Internet Shop. Any service extending the above stated shall not be owed. In particular, User shall enter into its own contracts with PayPal service provider and set up its own accounts therewith in order to actually effect payments. In the event, User should for whatever reason not be granted a PayPal-Account and/or User’s PayPal-Account should be suspended (both of which is beyond Colist’s control), suchlike circumstances shall not exempt User from its obligation to pay User Fees to Colist.
5.9.
Any and all translations provided on Colist, ordered individual Websites, Internet Shops, for navigations, or inquiry tools are machine translations. Therefore, respective accuracy and/or completeness can neither be guaranteed, nor shall those be owed.

6. Internet Domains
6.1.
Any assignment of domains is beyond Colist’s control. Therefore, Colist shall not guarantee any domain requested/applied for by User does not infringe any third party rights or is of unique or enduring nature. The same shall apply to any and all sub-domains. User shall represent the domain requested/applied for by User does not infringe any third party rights. The choice as to respective registration bodies shall be at Colist’s sole discretion.
6.2.
Colist shall register the respective domain on User’s behalf. Colist shall be registered as domain holder and administrative contact. In the event, User requests for the domain’s transferal to its own name, User shall demonstrably inform Colist in due to time prior to the Contract’s termination on this request. Colist shall grant its respective approval free from any charge and allow for User to transfer the domain (at User’s expense).
6.3.
In the event User is requested by any third party to abandon the domain for the reason it allegedly infringes third party rights, User shall be obliged to immediately inform Colist on suchlike event. In the event Colist is requested by any third party to abandon User’s domain for the reason it allegedly infringes third party rights, Colist immediately inform User on suchlike event, and do so via the e-mail-address User has communicated to Colist. If User fails to contact Colist within 10 days after any such notification, Colist shall be entitled to assume User’s agreement to such abandoning and to abandon the domain on User’s behalf.
Furthermore, Colist shall be entitled to abandon the domain on User’s behalf, in the event User fails to immediately provide am appropriate security (however, in the minimum amount of EUR 8.000.-) for lawyer fees and legal costs. User shall keep Colist fully indemnified from and harmless against any and all third party compensation claims.
6.4.
Additionally, Colist shall be entitled to immediately suspend User’s domain in the event Colist is informed on any alleged infringement of third party rights.

7. Confidentiality and Copyright
User shall expressly acknowledge Colist as protected data base and copyright protected work. Any taking of data, logos, etc. whatsoever shall be prohibited. Additionally, any software and its relating documentation are protected by copyright. It shall be expressly prohibited to deploy any procedure whatsoever to retrieve source programs or parts thereof from binary software for the purpose of gaining insight as to software conception and development. In particular, any modification, translation, reverse engineering, decompiling, modularizing, partitioning, and creation of derivatives shall be prohibited.
User shall undertake to treat any and all insight gained within the scope of utilizing Colist and this subject matter, respectively, as well as any other insights strictly confidential and use such insights exclusively for the purposes set forth hereunder. This shall in particular apply to any technical and commercial data. Any use of Colist-related data not covered by this Agreement shall and will be prosecuted.

8. Privacy and Electronic Communications
8.1.
User expressly agrees on the automatic processing and storage of all of its data. This applies in particular to User’s personal data used for promoting its business on Colist.
User agrees on the usage of all personal data provided by User for the purposes of executing this Agreement and promotion/marketing via Colist and Schrall GmbH. In particular, User agrees with all data provided by User (name, address, e-mail-address, fax/phone number as well as any other provided data) being published on Colist. User furthermore agrees on receiving notifications, newsletters, and advertising mails. The respective consent may be revoked at any time.
In the event the Colist system is being accessed, log-files (IP-address or URL), requested files, operating system and browser, access date and time) are being stored. Colist uses Google Analytics to draw up statistics and evaluate those. This serves in particular to analyze and optimize keyword-related Google AdWords campaigns. Cookies are being placed on the User’s computer. Cookies are text files containing numerical codes which are being sent to User’s web-browser and stored on the computer’s hard drive. User can modify this by changing its computer’s settings.
User declares its consent with the storage of log-files, the use of cookies, and the deployment of Google Analytics.
Data acquired by Colist will be used for statistics and marketing purposes and shall not allow for any personal identification.
All Users shall undertake to comply with Privacy Law. E-mail-addresses as well as fax and phone numbers posted on Colist may not indicate the respective owner’s consent to receive electronic mail, fax messages, and/or telephone calls for marketing and advertising purposes. In particular, respective data must not be used for spamming.

With respect to any data and information on final customers obtained by User via Colist, User represents to comply with the regulations set forth in the Data Protection Act. User furthermore represents to indemnify Colist from and hold it harmless against any and all third party claims regarding non-compliance with legal provisions.
8.2.
Finally, User explicitly declares its consent with receiving any and all inquiries etc., invoices, and warning letters via electronic mail. This shall also include Colist’s technical inspection as to User’s receipt of respective communications.

9. Place of Performance and Jurisdiction; Applicable Law:
This Service Contract shall be subject to Austrian Law and exclude conflict of laws principles. For any and all disputes arising out of or connection with this Contract – including the matters of its validity and its preliminary effects and consequences – User and Colist agree the exclusive jurisdiction of the competent Court of A-5020 Salzburg (Austria). However, Colist shall also be entitled to file actions against User at User’s place of residence/registered office.

10. Special Provisions and Obligation to Inform Consumers
Your contractual partner is:
Colist GmbH
A-9841 Winklern, Langang 19
Possible complaints may be submitted to Colist GmbH directly as well as to your competent support partner (customer service).
In accordance with the Consumer Protection Act (KSchG ) and the Act on E-Commerce (ECG) we point out that in the event of distance marketing consumers are granted the right to withdraw from contracts concluded within 7 days as of respective execution. We refer to Article 3 of our Terms and Conditions, under which Colist grants Users who ordered the Package “Professional Internet Presence with Colist.eu - Try our service for 30 days free of charge” the right to withdraw from Contracts within 30 days. However, this does not apply to any other subject-to-a-fee-service ordered with Colist, such as in particular individual Website, Internet Shop, and/or Registration with Search Engines! Suchlike offers represent immediately performed customized services.
According to § 15 Consumer Protection Act (KSchG), by Law consumers are granted a right of cancellation, giving 2 months notice by the end of the first contractual year, and for all subsequent years by the end of each half year.
The current Fees for your advertisement under “Professional Internet Presence (extended Business Listing)” amount to:
120 EUR per year for the first contractual year, while User Fees shall increase by additional EUR 5.00 plus 20% VAT for each subsequent contractual year. User Fees shall be payable in advance fort he respective contractual year.
A 20% discount on individual Website and Shop shall only be granted if User does not cancel the Contract for its extended (subject to a fee) Business Listing throughout the 30-day-trial period. Additionally, granting of the 20% discount shall generally depend on the existence of a valid Contract for an extended (subject to a fee) Business Listing within Colist. We explicitly point out that there is no test period for individual Website, Internet Shop and Registration with Search Engines. For orders of the Packages individual Website and/or Internet Shop the minimum Contract Term shall be 12 months. The Fees for an individual Website amount to 250 EUR per year.
The Fees for an Internet Shop amount to 540 EUR per year.
The Fees for Package “Website + Internet Shop + Professional Internet Presence with Colist.eu” amount to 390 EUR per year.
The Fees for Registration of the Website with Search Engines amount to 19 EUR.


11. Final Provisions
11.1.
Any and all modifications of and amendments to the Contract shall be in writing in order to become effective.
There are no oral side agreements with respect to this Contract.
11.2.
This Contract shall pass over to assignees and successors.
11.3.
In the event individual provisions of this Contract shall be legally invalid, void, or unsound in whole or in part, the validity of the remaining provisions set forth hereunder shall not be affected thereby.
Invalid provisions shall be replaced by such valid ones that come closest to the abandoned provision’s initial intend and purpose.
These Terms and Conditions have been composed in German. In the event of any conflicts or uncertainties arising as to the interpretation of the Terms and Conditions in any other language, the German version hereof shall prevail.
11.4.
Colist explicitly reserves the right to modify these Terms of Use/Terms and Conditions at any time.