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For any business as service or software sales the general terms of business may be obligatory.
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The company:
- Between the customer ("the Customer") and the company ("the Company") being called
Cross Development GbR,
Eichkoepfelweg 1,
64397 Modautal, Germany
E-mail: info@cross-development.com
this terms of business apply.
- Any terms differing to these terms under no circumstances are accepted.
Privacy:
- All personal information originated through contacts with the Company is used in order to provide the requested
service. We neither sell, rent nor otherwise distribute personal information to third parties.
- For personal information to be secured for transmission to the Company ssl encryption standards are used.
The browser indicates secured pages by a lock icon. The actual certificate of encryption can be viewed by
clicking on this lock icon.
Payment terms and conditions:
- For transaction purposes the Company may envolve a clearing company who itself guaranties to handle
personal data secure.
- Upon completion of payment transactions the Customer agrees the clearing company to charge
the credit card or other payment option selected of the choice of payment options available with the full
amount payable for the selected product or service.
- All fees and charges are nonrefundable.
- The Customer acknowledges and agrees that the Company may, in their sole discretion, change fee schedules and prices at any time; provided that any changes only
apply to future charges.
- In the event of violation of this agreement the Customer is not entitled to any refunds.
- The customer is not entitled to any refund in the case of not using software or services.
- In the case of a payment default the company allows 10 days for the customer to correct the payment default.
The company informs about payment defaults by e-mail.
Delivery:
- After accepted payment process, the company shall provide download access to software products. Upon sign up for services, delivery is completed by
instantiation of a service account for the given access methods, i.e. username and password.
Copyrights:
- All text, graphics, information and materials, as well as the selection and arrangement thereof, on
Cross-Development is protected under copyright by the company. Direct and indirect damages, including, without limitation,
statutory damages for copyright infringement, will be awarded in favor of the company for any violation of the restrictions in
this terms.
Support:
- Subject to the terms herein, the company will provide e-mail support for the service and software. Both, the service and
software are provided as is. Under no circumstances will the company have any obligation to provide upgrades,
enhancements, modifications, any phone support, or hard-copy documentation.
Notices:
- All notices to a party must be in writing and must be made either via email, facsimile or conventional mail. Notices will be
sent to the latest email or street address the company has on record.
- All notices under this terms will be deemed to have been duly given when received, if personally delivered; when
receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by
recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Limitation of Liability:
- THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Miscellaneous:
- This terms will be governed by and construed in accordance with the laws of the State of Hessen and Germany
without giving effect to principles of conflict of federal and state laws. You agree to submit to the exclusive jurisdiction of the
courts located in the city of Darmstadt, Germany.
- If any provision of this terms is held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Our failure to act with respect to your breach does not waive our right to act with respect to
subsequent or similar breaches.
- Both parties agree that any action arising out of or related to this terms must be commenced within one (1) year after
the cause of action arose; otherwise, such cause of action is permanently barred.
- Both parties agree that this terms are the complete and exclusive statement of the mutual understanding of the parties
and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to
the subject matter of this terms, and that all modifications must be in writing, signed by both parties, except as otherwise
provided herein.
- No agency, partnership, joint venture, or employment is created as a result of this terms, and you do not have any
authority of any kind to bind the company in any respect whatsoever.
- The company may have links to other sites on the world wide web; such inclusion of links to these sites is not an
endorsement of such sites and the company makes no warranty or representation regarding the content (its accuracy,
timeliness or otherwise) or the products and/or services available on such sites. All risk for linking to and interacting with
such sites is borne by the Customer.
- This terms are of personal character, and it may not be assigned in rights or obligations to anyone.
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