Terms & Conditions
V
1.1
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Last edited on
Sep 8, 2022
for seoflex.co, operated by Mirco Kämpfer, Dippoldiswalder Str. 32, 01731 Kreischa, Germany, VAT number: 81 346 995 700.
- hereinafter referred to as SEOFLEX -
1. Scope
1.1 These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts that a customer concludes with SEOFLEX, including but not limited to purchase contracts and service contracts. They apply regardless of whether you are a consumer, entrepreneur, or merchant.
1.2 Deviating, opposing or supplementary General Terms and Conditions of the customer will only become part of the contract insofar as SEOFLEX has expressly agreed to their validity in writing. This requirement for consent applies in any case, for example even if SEOFLEX, knowing the customer's T&Cs, executes the service without reservation.
1.3 These T&Cs apply in particular to contracts for the delivery of goods or the provision of services, regardless of whether SEOFLEX manufactures the goods themselves or purchases them from suppliers, or whether the services are provided by SEOFLEX themselves or by third parties. Unless otherwise agreed, the T&Cs apply as a framework agreement for similar future contracts in the version valid at the time of the customer's order or in any case in the version last communicated to him in text form, without us having to refer to them again in each individual case.
1.4 Our T&Cs apply exclusively to entrepreneurs, legal entities under public law or special funds under public law within the meaning of § 310 paragraph 1 BGB. Regardless of this, in the event of contradictions between the content of our T&Cs and the customer's conditions, our T&Cs always apply, even if we execute the delivery to him without reservation, knowing the customer's conditions.
1.5 Individual agreements made in individual cases with the customer (including side agreements, supplements and amendments) take precedence over these T&Cs in any case. The content of such agreements is determined by a written contract or our written confirmation.
2. Subject of the contract
2.1 SEOFLEX provides services in the field of Search Engine Optimization (SEO) in the form of a chargeable, monthly subscription on the present website. Each subscription includes a certain number and type of task types that the customer can submit for processing. The exact task types are described on our website at https://seoflex.co.
3. Conclusion of the contract
3.1 By posting the subscription offer on our website, we make you a binding offer to conclude a contract under the conditions stated in the offer description.
3.2 The contract is concluded via the online order system as follows: You can access our subscription offer via the "View Plans" or "Pricing" buttons in the navigation. Under each subscription, you enter our order processing by clicking on the "Subscribe" button. Here, your billing data is requested and the chosen subscription, as well as prices and possibly tax, are displayed in an order overview. Before submitting the order, you have the opportunity to check, change or cancel all information again. By submitting the order via the "Buy" button, you legally declare your acceptance of the offer, which concludes the contract.
3.3 The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is carried out automatically by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured, and that it is not prevented by SPAM filters.
4. Performance
4.1 A system for task planning is made available to you during the term of the subscription. At the start of a possible trial period or after payment instructions, you will receive an e-mail invitation from our partner Trello with further steps to register an account with Trello in order to use the task management and thus our service.
4.2 SEOFLEX does not guarantee the continuous availability of task management through Trello as we have no influence on the availability of this provider's service. In the event of unavailability, you have the option to move task management and communication by email to hello@seoflex.co. SEOFLEX cannot be held liable for failures, disruptions, delays or other problems resulting from the use of Trello.
4.3 The times given, in which tasks are implemented, are average values and depend on the respective, individual task. SEOFLEX cannot be held responsible for exceeding any time to complete tasks. SEOFLEX endeavors to provide you with feedback on the content, feasibility or implementation plan for each task within 72 hours.
4.4 Any implementation of your submitted tasks is largely dependent on the information you provide. You are obliged to provide us with all information necessary for the implementation (e.g. writing guidelines, catalog of requirements, access to systems) if necessary after our request so that we can fulfill our service.
4.5 SEOFLEX reserves the right to change or remove individual task types and the type and scope of all subscriptions at any time. However, we undertake to only make such changes to a reasonable extent and to take your interests into account. In the event of such a change, we will inform you immediately by email. If you do not agree to this change, you have the right to terminate your contract with us immediately.
5. Payment and Default
5.1 The prices listed on the SEOFLEX website at the time of the order apply. All prices are given in USD and include the statutory value-added tax. Compensation for the Services we provide is based on the subscription level you choose, as set out on our website at https://seoflex.co/#pricing shown. Payment is made monthly in advance. The customer will be informed about the available payment options in the order summary. If no test period has been agreed, the purchase price is due immediately after conclusion of the contract.
5.2 Unless otherwise agreed, the customer must pay the agreed price to SEOFLEX immediately after the contract is concluded.
5.3 If the customer is in default of payment, SEOFLEX is entitled to charge default interest at the rate of 5 percentage points above the base rate for consumers and 9 percentage points above the base rate for entrepreneurs. SEOFLEX reserves the right to provide evidence of higher damage caused by default and to assert this.
6. Contract term and termination
6.1 If there is a test phase for the selected subscription, the following applies to the term of the contract with regard to the subscription in question: A 7-day test phase begins with the conclusion of the contract. There are no usage fees during the test phase. The contract is automatically extended at the end of the test phase if the customer does not expressly terminate the service. The customer will be informed of this before the end of the test phase. If the subscription is not canceled then, the basic term begins when the test phase ends. Depending on the customer's order, the contract is concluded for a specific period (e.g. four weeks) ("basic period") and is then automatically extended by the same period ("extension period") if the contract is not terminated by a party with a deadline of four weeks ("period of notice") to the end of the basic term or an extension term. The right to terminate for good cause remains unaffected. Your subscription begins on the date of your registration and runs on a recurring basis, according to the subscription you have chosen (e.g. monthly). You can cancel your subscription at any time. Cancellation will take effect at the end of your current billing cycle and your subscription will remain active until that time. To cancel your subscription, please contact us in writing or use the customer portal of our payment service provider Stripe at https://billing.stripe.com/p/login/dR6g0cfLB1Wz6NGcMM.
6.2 The right to terminate for an important reason remains unaffected. An important reason for termination by SEOFLEX exists in particular if the customer does not meet his payment obligations despite reminders, violates these terms and conditions or statutory provisions, or damages the reputation of SEOFLEX.
7. Pausing the Subscription
7.1 You have the option to pause your subscription at any time. To pause your subscription, please email hello@seoflex.co with the subject 'Pause subscription'. Upon receipt of your email, we will cancel your subscription. The remaining days of your current billing cycle will be saved and used for later resumption of your subscription.
7.2 If you wish to continue your subscription, please email hello@seoflex.co with the subject 'Continue subscription'. We will then resume your subscription with the previously saved remaining days as a billing buffer. The next billing cycle will occur after the expiry of the previously saved, remaining billing days.
7.3 Please note that no services are provided during the pause of your subscription. Pausing your subscription has no impact on services already provided.
7.4 SEOFLEX reserves the right to pause your subscription at any time. In such a case, you will be informed in advance by e-mail. Should you go with If you do not agree to this pause, you have the right to your Extraordinary termination of subscription. In this case you will receive the price of the subscription pro rata for the remainder of the billing period.
8. Liability
8.1 SEOFLEX is fully liable:
for damages resulting from the violation of life, body or health, which are based on an intentional or negligent breach of duty by SEOFLEX or an intentional or negligent breach of duty by a legal representative or vicarious agent of SEOFLEX; for damages based on an intentional or grossly negligent breach of duty by SEOFLEX or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of SEOFLEX; due to a guarantee promise, as far as no other regulation was made in this regard; due to mandatory liability (e.g., according to the Product Liability Act).
8.2 SEOFLEX does not accept any liability for disruptions on telecommunication connections, for disruptions on line paths within the internet, in the event of force majeure, at fault of third parties or the customer himself. SEOFLEX does not accept any liability for damages that arise when the customer passes on passwords or user IDs to unauthorized persons.
8.3 If SEOFLEX negligently violates an essential contractual obligation, its liability is limited to the contract-typical, foreseeable damage, unless unlimited liability is assumed according to the above paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely.
8.4 Otherwise, liability of SEOFLEX as well as the liability of its vicarious agents and legal representatives is excluded.
9. Confidentiality and Data Protection
9.1 The contracting parties undertake to keep secret the knowledge gained within the scope of the subject matter of the contract - in particular technical or economic data and other knowledge - and to use them exclusively for the purposes of the subject of the contract.
9.2 This does not apply to information that is publicly accessible or becomes publicly accessible without unauthorized action or omission by the contracting parties or must be made accessible due to a court order or a law.
9.3 SEOFLEX treats the personal data of its customers confidentially and in accordance with the legal data protection regulations. For more information, please refer to our privacy policy.
9.4 SEOFLEX points out to the customer in accordance with the Federal Data Protection Act (BDSG) that customer data are being stored.
10. Final Provisions
10.1 The place of performance is Kreischa in Saxony. The jurisdiction for both contracting parties is Kreischa, Saxony. The law of the Federal Republic of Germany applies excluding the UN sales law, insofar as this choice of law does not result in a consumer with a usual residence in the EU being deprived of mandatory statutory provisions of the law of his state of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the seat of SEOFLEX is competent, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a domicile within the European Union. The headquarters of our company can be found in the heading of these terms and conditions.
10.3 Insofar as a provision of this contract is invalid or unenforceable, the remaining provisions of this contract remain unaffected.
11. Information on Online Dispute Resolution / Consumer Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr.
11.2 SEOFLEX is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.