ToU

The provider K-MEDIA, hereinafter also referred to as K-MEDIA, provides its services exclusively based on these Terms of Use.

These Terms of Use apply to all offers and services of K-MEDIA, including but not limited to online services, software services, and digital products, as well as to all future transactions, even if not explicitly agreed upon. By agreeing during the order or by using the services, whether online or otherwise, the customer accepts these Terms of Use.

• Unless explicitly agreed otherwise, K-MEDIA may have the services it is responsible for provided by qualified employees or third parties.
• Support is offered exclusively through the contact form or the customer panel. Unless otherwise agreed, it may be necessary to take on a license extension or annual support costs. These costs will be communicated to the customer in advance and are to be borne in addition to the agreed services.
• Availability of the service: The availability of K-MEDIA's services is based on the agreed operating hours and any maintenance windows. K-MEDIA will inform the customer in advance about planned maintenance windows or service availability disruptions.
• Emergency support and escalation procedures: For emergencies outside of regular support hours, K-MEDIA can provide emergency support, provided this has been explicitly agreed beforehand. In case of escalations, a procedure will be defined, including responsible contacts and steps for resolving serious issues.
• K-MEDIA does not provide support for the customer's end customers unless otherwise agreed in writing. If a special license is required to provide support for the end customers, this license will be offered to the customer and must be agreed upon and paid separately.

• Each concluded contract is a one-time, annual, or monthly contract unless otherwise agreed according to the valid service description. The contract is concluded when K-MEDIA confirms the customer's offer or accepts an order. The acceptance of an offer or order must occur within 14 days of receipt by K-MEDIA, unless a different deadline is specified in the offer. Offers are generally valid for 1 month.
• Contract changes or amendments are not possible. If adjustments are required, a new contract must be concluded or the existing contract will be deactivated and replaced by the new one. Changes are only valid in writing, including email communication, which must come from the registered email-address in the customer account. If the registered email-address is no longer available, another email-address may be used, provided this has been previously agreed upon with K-MEDIA.
• The contractual relationship may be terminated by either party with a notice period of 14 days before the end of the term, at the end of the month. The customer may voluntarily provide reasons for the termination. This information is for the sole purpose of improving systems, services, and customer support and will not be shared with third parties.
• Special tariffs include the termination clauses contained therein as agreed.
• Most contracts can be terminated at any time via the customer panel.

• Unless otherwise agreed in the order, the prices specified on K-MEDIA's website at the time of contract conclusion shall apply. K-MEDIA reserves the right to adjust the prices at any time. However, price changes only apply to new orders and contracts and existing contracts remain unaffected. Price changes for new orders and contracts will be communicated to the customer in a timely manner. In case of a price change for new orders or contracts, the customer may cancel the contract within 14 days after notification without giving any reason.
• Special prices and discounts within the framework of promotional campaigns apply only to new orders and not to existing products or services.
• Payments can be made via bank transfer or PayPal. A fee of 5% of the total amount applies for PayPal payments. Furthermore, PayPal is not available for all services.
• Invoices are sent exclusively via email to the customer's registered email-address. They are also available for download and viewing in the customer panel, including the current status.
• The customer agrees to receive invoices via email in PDF format and undertakes to pay them within 14 days after receipt.
• In case of payment default, late fees of 9% per annum on the outstanding amount as well as collection fees of 15 € for a payment default of more than 30 days may apply. In case of outstanding payments, K-MEDIA is entitled to deactivate the service and, in extreme cases, revoke the license.
• Payments for service renewals must be made within 14 days of the invoice date. Invoices are issued on the contract expiration date.
• Services will be automatically deleted after the expiration date. All stored data will be irrevocably lost.
• K-MEDIA keeps its prices stable but reserves the right to adjust them due to market changes or force majeure. Customers will be informed in a timely manner about adjustments so that they can react accordingly.
• Unless otherwise agreed, all contracts will be automatically renewed. The customer is responsible for terminating the service in a timely manner before the end of the term. The termination can be made at any time via the customer panel.
• Exempt from VAT under Article 44 of the amended law of 12 February 1979 on value-added tax.

• The customer undertakes to provide all data required for the performance of the contract completely and correctly. K-MEDIA may request proof of identity to verify the information, such as a business license for companies or an ID card for individuals.
• K-MEDIA guarantees compliance with data protection regulations in accordance with the EU General Data Protection Regulation (GDPR). Personal data will only be stored as long as necessary for the purpose of the contract or legal retention periods. Data will only be shared with third parties if necessary for the fulfillment of the contract or legally required.
• After the expiration of legal retention periods or the purpose of processing no longer applies, the data will be deleted unless other legitimate reasons require longer storage.

• The contract can be terminated at any time via the customer panel or by email with a notice period of 14 days before the end of the minimum term. After the contract ends, all provided software products, licenses, and services (except for one-time products) must be returned on time. Otherwise, K-MEDIA reserves the right to claim reasonable compensation.
• Contracts will automatically renew if no timely termination occurs. The notice period for renewals is also 14 days before the end of the respective period.

• K-MEDIA is only liable in case of intent or gross negligence in accordance with legal provisions. Liability for slight negligence, consequential damages, loss of profit, or indirect damages is excluded.
• Events of force majeure, such as natural disasters, war, or technical disruptions, release K-MEDIA from fulfilling its obligations if these are affected or made impossible.
• K-MEDIA is not liable for failures or disturbances outside its control, such as third-party technical problems or network disruptions.
• Liability is limited to the amount the customer paid for the respective service in the relevant contract.

• The customer is obligated to comply with all applicable legal provisions as well as the terms of use of the provided software and tools.
• The customer must ensure regular backups of their data. K-MEDIA is not liable for data loss, even if the data is not stored on K-MEDIA's systems.
• The customer shall indemnify K-MEDIA from claims by third parties arising from unlawful use of the software or incorrect information provided by the customer.
• Security gaps in K-MEDIA services must be reported immediately. However, K-MEDIA is not liable for security gaps.
• The provided software and tools may only be used for the intended purposes. Misuse is prohibited. Violations may result in suspension of use and legal action.

• K-MEDIA stores personal data exclusively for contract execution and only shares it with third parties when required by law or to fulfill the contract. Further details can be found in the Privacy.

• K-MEDIA delivers the software in accordance with the agreed specification. If it is found that it does not fully meet the specification, necessary adjustments will be made. However, this may take some time. After delivery, new features will only be integrated for free if this has been expressly agreed upon.
• Delivery takes place after payment is received and within the agreed delivery time. Delays due to force majeure or unforeseen events, which K-MEDIA is not responsible for, will result in an appropriate extension of the delivery time. In general, no fixed delivery deadlines are guaranteed, and the customer must expect waiting times until delivery is completed.
• After delivery, the customer will gain access to updates, patches, or corrections provided as part of the agreed service scope. These will typically be made available to the customer via a download link or directly within the software. Additional features or extensions are chargeable unless expressly agreed upon as free integration.
• Depending on the project complexity, K-MEDIA may require an advance payment of 50–75% of the final price. However, final delivery will only take place after full payment has been received. The customer will be informed about the payment terms before signing the contract.
• The delivery of the software occurs by providing it for use by the customer. This can be done in the form of a download, a link, or a physical data carrier.

• In case of defects in the software, the statutory warranty provisions apply.

• The licensor grants the licensee a non-exclusive, non-transferable right to use the software or service according to the terms of these terms and conditions and the respective license agreement.
• The license is valid only for the period and scope specified in the contract. Any use beyond the agreed scope requires an additional license agreement. A licensing system may deactivate the software in case of unauthorized use.
• The use of the software or service is limited to the number of devices, users, or locations specified in the license agreement. In case of suspicion of unauthorized use or violations of the license terms, the license may be revoked.

• The licensee undertakes to use the software or service exclusively within the framework of the agreed license conditions.
• The licensee is prohibited from duplicating, modifying, reverse engineering, distributing, or otherwise transferring the software or service unless explicitly permitted.
• The licensee must ensure that all copies of the software made are marked with the appropriate copyright notices. Copyrights, trademarks, or other protective rights must not be removed or altered.
• The licensee is obliged to prevent unauthorized access to the software or service. Technologies like Ioncube can be used to protect the software. The licensee must not attempt to bypass or decrypt these protections.

• The licensor retains all rights to the software or service that have not been expressly granted in the license agreement. Unless otherwise agreed, software and services may be sold or licensed multiple times.
• The licensor may make updates, upgrades, or modifications. Bug fixes are part of the license unless otherwise agreed. New features or extensions may incur charges.
• In case of a breach of contract by the licensee, the licensor may revoke the license or terminate the contract without notice.

• A contract for advertising measures is formed upon confirmation of the booking by K-MEDIA. K-MEDIA will implement the measures in accordance with the booking confirmation and the scheduled period. Customers can adjust their bookings within the agreed terms.
• Prices are based on the booking confirmation, and payments must be made on time. In case of delayed payments, K-MEDIA may suspend measures or terminate the contract.
• The customer guarantees that the materials provided are free of third-party rights and comply with the specifications. K-MEDIA can reject materials or modify links if they do not meet technical requirements.
• Bookings can only be canceled in accordance with the cancellation terms. In case of payment delays or violations of the Terms of Use, K-MEDIA can terminate the contract immediately.
• Both private customers and companies can book. Companies must provide a valid tax number.

• K-MEDIA offers remote support. The customer must ensure necessary access rights and a stable internet connection. Billing is done on an hourly basis or flat rate.
• For on-site visits, the customer is required to provide the necessary conditions. K-MEDIA assists with the preparation. On-site visits are billed hourly or at a flat rate, with additional travel costs.
• Prices will be communicated in advance. Payments are to be made according to the booking confirmation. In case of delayed payments, K-MEDIA may suspend services or terminate the contract.
• K-MEDIA is liable for proper execution but not for indirect or consequential damages. Customers are responsible for infrastructure and hardware.

• K-MEDIA does not guarantee the success of SEO and marketing measures. Success depends on external factors.
• Customers must clearly communicate their requirements. K-MEDIA takes no responsibility for unclear or incomplete information.
• Payments must be made in advance. Services will only begin after full payment has been received.

• K-MEDIA takes responsibility for regular maintenance, configuration, and security updates of the server. Issues with third-party software, hosting services, or external providers must be resolved directly with the respective providers. K-MEDIA is not liable for errors or outages caused by external services.
• The customer must provide K-MEDIA with all necessary access rights and information. Due to external factors or technical limitations, a solution cannot always be guaranteed.
• K-MEDIA is not liable for outages or damages caused by improper use, insufficient customer infrastructure, or external attacks. The customer must refrain from making changes to the server configuration, as this could affect K-MEDIA's services and cause further issues. In such cases, K-MEDIA is not responsible for the impact on functionality.
• Changes or extensions to the server configuration require the customer's approval and may incur additional costs. K-MEDIA may install software to facilitate server management, but these additional services must be agreed upon in advance.

• K-MEDIA is committed to implementing developments, graphic design, and UI/UX designs according to the customer's requirements. Adjustments can be made up to a certain point to meet these requirements. After the work has been accepted, only minor changes may be possible, which could incur additional costs.
• The customer ensures that all necessary information and materials (e.g., content, design ideas) are provided on time and in full. Changes after completion of the work may incur additional costs.
• K-MEDIA is not liable for design decisions or functionalities that are changed after the work has been accepted or not implemented as desired. Visible copyrights or trademarks of K-MEDIA must not be removed or altered. The customer agrees to retain these according to the licensing terms.
• All designs and developments remain the property of K-MEDIA until the full payment of the final amount. Unless otherwise agreed, K-MEDIA reserves the right to sell or license these designs multiple times. Any further use or sale, however, will require the customer's prior consent.

• The customer has the right to withdraw from the contract within 14 days without giving any reason. The period begins on the day of the contract conclusion.
• Even if the contract has been concluded but not yet started, the right of withdrawal remains valid. Changes to the contract will be communicated to the customer.
• The right of withdrawal does not apply to software, developments or digital products that have been used after being opened or downloaded. Nor does it apply to digital services that have already been fully provided with the customer's consent.
• In case of withdrawal, the customer must cease using the software, service, or advertising bookings. All licenses will be automatically revoked, and access will be immediately stopped.
• In case of withdrawal, the refund will be made through the original payment method, unless otherwise agreed. Fees for transactions by payment service providers (e.g., PayPal) remain unaffected.

• K-MEDIA can change the terms and conditions at any time. Changes will be communicated to the customer via email or on the website.
• If the changes are not rejected within 14 days, they are considered accepted. In case of rejection, the contract will be terminated, and access to the affected services will be deactivated.
• Customers must agree to the changed Terms of Use during the next login in the customer panel to continue accessing the affected services.

• Our website and services use cookies and tracking technologies to enhance the user experience and analyze usage. By using the website, the customer agrees to this.
• Further information on the use of cookies and technologies can be found in our Privacy, which is part of these Terms of Use.

• All declarations from the company can be sent electronically to the customer. The court of jurisdiction for disputes is Luxembourg, unless the customer is a consumer, in which case the statutory court of the customer's residence applies.
• The European Commission provides an Online Dispute Resolution (ODR) platform, which can be accessed at http://ec.europa.eu/consumers/odr.
• In the case of severe violations of the Terms of Use, K-MEDIA reserves the right to take legal action.
• These Terms of Use are governed by the laws of the Grand Duchy of Luxembourg, taking into account the consumer protection regulations of the country in which the customer has their usual residence.

Date: 07 / 01 / 2025