The following terms and conditions apply in general to all services and products of Safog.com or specifically to the training activity.
The following terms and conditions apply to all services and products of the company Safog.com of Dr. Klaus Delueg, Via S. Albuino 7, I-39042 Bressanone (BZ), VAT No. 00770370211, Tax No. DLG KLS 68E04 M067M, hereinafter referred to as "Safog.com".
Their aim is to regulate the business relationship between the customer and "Safog.com" in a binding and fair way for all, taking into account the interests of all Internet users. Therefore, the basis of an order and a contract are always the following General Terms and Conditions of "Safog.com", whose knowledge and inclusion the customer acknowledges and confirms with an order at "Safog.com".
Any additional agreements are only permissible in written form.
The contract is concluded with the mutual signing of the written offer made by "Safog.com", but it is binding for "Safog.com" only after the full payment of the corresponding invoice. If "Safog.com" has made an individual offer for services, this is done on the basis of the information provided by the customer about his currently used computer system. The customer bears the risk that the service offered on this basis corresponds to his wishes and needs. If the customer wants to agree on binding specifications, he has to put them down in writing. They become effective only by countersignature on the part of "Safog.com".
The assignment of the contract or the services contained therein or parts thereof to third parties is allowed only with the prior written consent of "Safog.com".
"Safog.com" realizes itself or in cooperation with partners of its choice services in the Internet or Intranet area. In this context, Internet access via modem, ISDN or ADSL, the design and conception of Internet or intranet solutions, the registration or management of Internet addresses and Internet domains, as well as all services related to the hosting of own or third-party Internet applications are offered. "Safog.com" arranges so-called web hosting services, which ensure the Internet connection of the respective website content. The information stored on the web server can be accessed worldwide via the Internet computer communication network.
The content, text, image and sound materials as well as programs provided and made accessible by "Safog.com" are protected by copyright. The customer of an Internet presence can personalize or modify such materials provided by "Safog.com" for the duration of the contractual relationship under the Internet address managed through "Safog.com" only if the page to be modified was designed for the creation of own Internet content by the customer (e.g. price lists, product lists, lists for the offer of the month, etc.). Any other use and modification (in particular copying, delivery and transfer to third parties) is allowed only with the prior written consent of "Safog.com" or the respective owner of the rights.
The customer has the right to present other companies or their goods and services on the web server. In any case, the customer assumes liability for the third-party presentation. In the design of his pages, the customer is largely free in the choice of technical possibilities. "Safog.com" reserves the right, however, to prohibit the use of techniques that place too heavy a load on the web server. This includes in particular scripts executed on the server side, which require high computing power or use an above-average amount of memory. The customer is solely responsible for the content of his pages. The customer exempts "Safog.com" internally from any claims of third parties, which are based on content deficiencies of the offer.
If the data transfer volume (traffic) attributable to the Customer's offer reaches or exceeds the maximum amount agreed with the Customer for the respective month according to the purchased hosting package, Safog.com shall charge the Customer for this the amount of 15 euros per gigabyte or part thereof per month, provided that the Customer does not consider an upgrade to the next higher hosting package suitable for the data transfer incurred. The customer is obligated to identify content displayed on his internet site as his own content, stating his full name and address. The customer indemnifies "Safog.com" from all claims based on a violation of the aforementioned obligation.
The customer may not violate legal prohibitions, morality and the rights of third parties (trademarks, name rights, copyrights, data protection rights, etc.) through the Internet presence and banners displayed there. In particular, the customer undertakes not to offer or allow to be offered any pornographic content and any services aimed at making a profit which have pornographic and/or erotic content (e.g. nude pictures, peep shows, etc.) as their subject matter. The customer may not enter his Internet presence in search engines, insofar as the customer violates legal prohibitions, morality and the rights of third parties through the use of keywords in the entry. The customer is not allowed to spread defamatory contents, viruses, worms, Trojan horses or other destructive programs through his internet presence or to carry out damaging activities (so-called hacking) with the help of the internet access provided by "Safog.com". The Customer may not violate U.S. export restrictions on cryptographic software and may not use its Internet storage space as a data or software archive (this includes image, video, sound and other electronic documents or software in the general sense), except in the case of self-created data files or self-written programs. In case of storing self-created images, the Customer is prohibited from making them accessible for any kind of pull procedures from other Internet servers than the Customer's own (an example of this would be retrieving images on the Customer's server from auction sites such as "ebay.de" or "ricardo.de"). "Safog.com" is not obligated to check the customer's internet presence for possible legal violations. After recognizing violations of the law or contents, "Safog.com" is entitled to block the corresponding internet page. "Safog.com" will immediately inform the customer of such a measure. For each case of violation of the above obligation, the customer promises to pay a contractual penalty in the amount of EURO 10,000 ( in words: ten thousand euros). A corresponding violation entitles "Safog.com" to immediate cessation and extraordinary termination of all services.
Interested parties who have Internet access can access the Customer's information stored on the web server around the clock. Excluded from this are times when the web server cannot be accessed via the Internet due to technical or other problems that are beyond the control of "Safog.com" (force majeure, fault of third parties and especially web server crashes, etc.).
"Safog.com" provides in connection with the web hosting to the customer, if required, an FTP access, with which the customer can save, change, add or delete his offer himself. For this purpose, the customer is provided with a password-protected account. The Customer undertakes to keep the password strictly secret and to inform "Safog.com" immediately as soon as he learns that the password is known to unauthorized third parties. The customer is aware that for the security of the data in case of a server crash or other event, he must always create up-to-date backup copies. In this context, the data backup must be made after each work intervention, where the data stock has been changed by him or his vicarious agents or assistants, whereby data stored on the web servers of "Safog.com" must not be backed up on these servers. The customer has to carry out a complete data backup especially before each start of work of "Safog.com" or before the installation of hard- or software. Furthermore, the customer shall thoroughly test each web presence for freedom from defects and usability in his concrete situation before he starts the operational use. The customer is expressly advised that even minor changes to the software may impair the operability of the entire system.
Upon request, "Safog.com" will perform a registration of the Internet presence with a selection of search engines (online search services of Internet content) to be determined by "Safog.com". This service is provided by "Safog.com" according to the best possibilities of an automated registration, but without any guarantee for the actual inclusion of the Internet presence in the search engines concerned. Naturally, only the operator of the respective search engine decides about the inclusion and the time. The Customer is aware that data (keywords, descriptions) provided by him for the registration are transmitted on the Internet and are generally accessible after inclusion in a search engine. "Safog.com" does not assume any guarantee or warranty for the positioning of the Internet presence in the individual search engines.
As far as the registration of domains is subject of the contract, the registration at "Safog.com" is done by an authorized registrar. In the procurement and/or maintenance of internet domains, "Safog.com" will only act as an intermediary in the relationship between the customer and the organization for domain allocation. "Safog.com" has no influence on the domain allocation and therefore does not guarantee that the domains requested for the customer will be allocated at all and/or that allocated domains are free of third party rights or will last permanently.
In principle, it is possible to have existing domains, which are currently managed by another provider, managed by "Safog.com" in the future as part of the contractual relationship. The customer is aware of the fact that for a successful re-registration a release of the provider who has been taking care of the domain so far is required. "Safog.com" will try to perform the re-registration successfully according to the corresponding written order. However, "Safog.com" cannot guarantee the successful re-registration if the third party provider does not approve the re-registration. If a fee has been agreed upon for the re-registration, the customer is liable to "Safog.com" even if this release is not given. A successfully re-registered domain is treated in the relationship between "Safog.com" and the Customer as a newly registered domain according to the regulations made here, with the exception that the Customer has to pay for the domain fees himself. In the case of a re-registered domain, it is the sole responsibility of the Customer to ensure the timely renewal or extension of the registered domain with the respective registration authority. "Safog.com" does not assume any liability in this regard.
The customer guarantees that the domain applied for by him does not violate any rights of third parties. The Customer indemnifies "Safog.com" and other persons engaged for the registration from claims for compensation of third parties as well as all expenses, which are based on the unauthorized use of an internet domain by or with the approval of the Customer.
As far as . com, .net, . org, .info, . biz or .name domains are subject matter of the contract, the customer acknowledges that according to the guidelines of ICANN disputes about the domain due to the violation of trademark, name and other property rights shall be resolved according to the convention Uniform Domain Name Dispute Resolution Policy (UDRP) attached in translation. The Customer further acknowledges that the Registrar chosen by "Safog.com" is obliged to delete or transfer the domain to a third party in accordance with a corresponding arbitration award in the proceedings under the UDRP, unless the Customer proves to "Safog.com" within 10 days from receipt of the arbitration award that he has filed a lawsuit against the prevailing opponent of the arbitration proceedings before the court regarding the admissibility of the domain.
Insofar as . com-, .net-, . org-, .info-, . biz- or .name-domains are subject matter of the contract, a transfer of the domain by the customer to a third party is excluded for the duration of legal proceedings or arbitration proceedings concerning the domain due to the infringement of trademark, name and other property rights as well as for 15 days beyond the final decision in these proceedings, unless it is ensured that the decision rendered is binding for the third party in the same way as for the customer.
As far as the subject of the services of "Safog.com" is also the allocation of one or more e-mail addresses, the above stated exclusion of warranty applies accordingly also to e-mail addresses that have been allocated to the customer. "Safog.com" reserves the right to delete personal messages received for the customer, as far as they have not been retrieved by the customer within four weeks after receipt on the mail server. Sending circulars or serial letters (messages with the same content sent to several recipients) via the customer's account is prohibited, if more than 500 recipients are written to in total per month. It is also prohibited to send messages with commercial advertising without the recipient's request (so-called spamming).
Certified mailboxes PEC ("Posta Elettronica Certificata") are realized by "Safog.com" in collaboration with its partner Aruba. PEC addresses are subject to the separate terms and conditions of the partner Aruba, which will be handed out when ordering certified email addresses.
If Customer selects services from the Google Apps Standard or Google Apps Professional areas, Google's separate Terms of Use shall apply in addition, which can be viewed at the following Internet address:
Google Apps Standard
Google Apps Premier
Subject to an express written agreement to the contrary, the hardware shall be installed, commissioned and tested by the customer itself. The customer assures that he is entitled to have additional equipment or model and type changes installed in the hardware provided for this purpose, even if he is not its owner. Safog.com" does not install the delivered programs, unless this is expressly agreed in writing. Compatibility with programs already installed at the customer is not owed, unless expressly agreed in writing. "Safog.com" is, even if the installation as such is provided by "Safog.com", not obliged to provide the adaptation of programs already existing at the customer to the delivered software. This also applies if the programs already existing at the customer have been obtained from "Safog.com". Further accompanying services of "Safog.com", also the user introduction and similar, are only part of the contract if this has been expressly agreed in writing.
If none of the contracting parties demands a formal acceptance, or if the acceptance date demanded by one of the parties does not occur due to a circumstance for which the Customer is responsible, the contractual service of "Safog.com" is considered accepted upon use by the Customer.
Until full payment of the purchase price, all delivered goods remain the property of "Safog.com". If the Customer is in default of payment, "Safog.com" may, without prejudice to other rights, take back the delivered goods to secure its rights, if it has announced this to the Customer and set a reasonable grace period. In connection with the hosting service of Internet pages, the contractual non-performance on the part of the Customer entitles "Safog.com" to immediate suspension and extraordinary termination of the service.
For the services invoiced, the customer shall pay the prices shown in the offer plus the statutory value added tax.
"Safog.com" invoices its services annually in advance or according to the agreed period. All payments are due within 15 days after invoicing. In case of non-compliance with the agreed payment date, default interest of 10% p.a. will be charged. Non-compliance with the aforementioned payment deadline authorizes "Safog.com" to block the customer's Internet application for retrievals by third parties without further notice. "Safog.com" is entitled to activate a domain only after payment of the fees agreed for the registration. All agreed prices are fixed prices. A refund to the customer is also excluded in the event of a significant shortfall in the quantity or quality provided for in the technical overview.
If the web hosting service fails completely due to a malfunction within the network for more than one day (i.e. proven inaccessibility), the customer will be credited the rent for this period if it exceeds 10 Euros. The temporary non-functioning of individual services or functions of a web presence does not mean a credit in the aforementioned sense.
All claims of the customer are limited to the order value, this also applies in case of total failure of the service. No liability is assumed for damages or consequential damages incurred by the customer through the provision or transmission of its offer or the use of the Internet. The same applies to damages due to technical problems, transmission errors or data insecurity on the Internet.
"Safog.com" is entitled to increase the prices after giving one month's notice in writing. In this case, the customer has the right to terminate the contract without notice on the date when the price change becomes effective, if the price increase significantly exceeds the general price increase.
Technical advice by e-mail and/or telephone or in written or verbal form shall generally be provided against payment of an hourly rate of Euro 60 plus statutory value added tax. In this context, hours that have been started will be charged as a whole hour.
Unless otherwise agreed, the PEC or web hosting contract shall be concluded for the term of one year and shall be renewed for one year at a time if it is not terminated with the following notice periods on the respective expiry date:
This shall not apply if a separate written agreement to the contrary has been made with the customer.
Payments already made will not be refunded. A statement of reasons is not required for the cancellation in any case.
The right of both parties to terminate for cause remains unaffected. An important reason exists for "Safog.com" in particular if
As far as Internet domains are subject matter of the contract, "Safog.com" is entitled to terminate the contract extraordinarily with a notice period of 14 days to the end of the month in case the admission of the chosen registrar for this domain ends.
Any termination must be in writing to be effective.
If the customer has not placed his domain in the care of another provider at the latest one month after the effectiveness of the termination, "Safog.com" is entitled to release the domain. At the latest after the expiration of the aforementioned period, all rights of the customer from the registration expire.
Unless expressly agreed otherwise, "Safog.com" may also have the services incumbent upon it performed by expert employees or third parties.
The customer assures that the data provided by him are correct and complete. He undertakes to inform "Safog.com" immediately of any changes in the data provided and to reconfirm the current accuracy upon request of "Safog.com" within 15 days from receipt.
This concerns in particular:
The customer shall inspect the delivered goods or the rendered service immediately after delivery for any defects, deviations in quantity or wrong delivery. A delivery or service that is defective in whole or in part must be reported in writing immediately after discovery. In addition, any defects shall be documented in a meaningful manner, in particular by recording any error messages displayed. The notification period shall not exceed 8 days for defects that could be detected during the careful inspection required by the type of goods or services. Other defects must be reported immediately after their discovery.
The customer has to support "Safog.com" to the best of his ability in a possible elimination of defects. The customer has to back up programs, data and data carriers completely, if necessary to remove them, before a fault elimination, especially before a machine replacement.
"Safog.com" is liable for damages caused by him or his vicarious agents by gross negligence or intent. Liability and claims for damages are limited to the amount of the order value.
The Customer undertakes to indemnify "Safog.com" in the internal relationship (between "Safog.com" and the Customer) from all possible claims of third parties, which are based on illegal actions of the Customer or errors in the content of the information provided by the Customer. This applies in particular to copyright, data protection and competition law violations.
The contract and all legal relations between "Safog.com" and the Customer are governed by Italian law, to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.
In deviation from the place of jurisdiction provided for by law, Bolzano shall be exclusively designated as such, to the extent permissible.
Any dispute arising between the parties on the interpretation, application and/or execution of the present contract shall be referred to the Arbitration Court itself, in accordance with the Arbitration Rules of the Arbitration Court of the Chamber of Commerce, Industry, Crafts and Agriculture of Bolzano. The decision shall be final and shall be made by a sole arbitrator in accordance with the Rules of the aforementioned Arbitration Court. For the appointment of the sole arbitrator, the parties expressly refer to article 26 and following of the said Arbitration Rules.
Our data protection regulations take effect.
Amendments or supplements to this contract shall only apply if they have been agreed in writing. This shall also apply to any amendment of this written form clause.
All notifications or declarations of "Safog.com" can be addressed to the Customer electronically. In this context, the timely receipt of an e-mail is equivalent to a written communication; this expressly applies also to any termination provisions.
Should any provision of this contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The ineffective provision or the loophole shall be replaced by a provision which comes close to the economic purpose of the agreement and which would have been agreed by the parties if they had known of the ineffectiveness of the provision.
The following terms and conditions apply to all services and products from the training area of the company Safog.com of Dr. Klaus Delueg, Via S. Albuino 7, I-39042 Bressanone (BZ), VAT No. 00770370211, Tax No. DLG KLS 68E04 M067M, hereinafter referred to as „Safog.com".
Their aim is to regulate the business relationship between the customer and "Safog.com" in a binding and fair way for all, taking into account the interests of all Internet users. Therefore, the basis of an order and a contract are always the following General Terms and Conditions of "Safog.com", whose knowledge and inclusion the customer acknowledges and confirms with an order at „Safog.com".
Any additional agreements are only permissible in written form.
The contract is concluded with the mutual signing of the written offer made by "Safog.com", but it is binding for "Safog.com" only after the full payment of the corresponding invoice. If "Safog.com" has made an individual offer for services, this is done on the basis of the information provided by the customer about his currently used computer system. The customer bears the risk that the service offered on this basis corresponds to his wishes and needs. If the customer wants to agree on binding specifications, he has to put them down in writing. They become effective only by countersignature on the part of „Safog.com".
The assignment of the contract or the services contained therein or parts thereof to third parties is allowed only with the prior written consent of "Safog.com".
Registrations for courses and training must always be made in writing or by fax; registrations made by telephone must be followed up in writing. Since the number of participants is generally limited, registrations are considered in the order of their receipt. With the sending of the registration confirmation, the invoice is also issued, which is due immediately and without any deductions. Only payments received in time before the start of the seminar entitle the participant to attend the seminar.
Cancellation or rebooking of a registration must be made in writing or by fax. For mailings, the date of the postmark is not decisive, but the date of receipt by us. A fax received after 4:30 p.m. shall be deemed to have been received on the next working day. In the following, working days shall mean working days from Monday to Friday inclusive, excluding Italian or other public holidays.
Cancellations or rebookings up to the 16th working day before the start of the seminar are free of charge. Cancellations or rebookings from the 15th to the 11th working day before the start of the seminar are subject to 50% of the regular seminar fee, cancellations or rebookings from the 10th working day before the start of the seminar are subject to the full seminar fee.
If the participant does not attend the seminar without cancellation or rebooking, the full invoice amount must be paid.
In case of cancellation of the booking of a complete in-house training, the seminar price resulting from the number of participants without expenses and travel expenses of the trainer is due. If, at the time of your cancellation, we have already provided advance services such as special preparation, specific material purchase or similar, the costs for this will still be added, as well as any cancellation fees for travel tickets or similar.
The rebooking of an in-house training can only take place on a date agreed with "Safog.com" and must be confirmed in writing by "Safog.com". It is free of charge up to the eleventh week before the start of the seminar. In case of rebooking from the tenth week before the start of the seminar, "Safog.com" will charge a cancellation fee upon receipt, which corresponds to the agreed flat rate minus saved expenses. Should "Safog.com" incur cancellation fees for travel tickets or similar, these will be added to the cancellation fee.
Unless expressly agreed otherwise, "Safog.com" may also have the services incumbent upon it performed by expert employees or third parties.
All trainings and consultations are prepared and designed by "Safog.com" employees with expertise and the greatest possible care. Attentive participants can achieve the seminar or consulting goal - but "Safog.com" is not liable for the success. "Safog.com" is liable, regardless of the legal reason, only for damages caused by "Safog.com" and its vicarious agents intentionally or grossly negligent once up to a total amount equal to the seminar or consulting fee paid. Any further liability and any liability for indirect and consequential damages is expressly excluded with the submission of the booking.
"Safog.com" reserves the right to use freelancers if necessary, to change trainers and to postpone dates of events for organizational reasons or to cancel them if the minimum number of participants is not reached, due to force majeure, illness of the instructor or other unforeseeable events. In case of cancellation or postponement of an event, there is no claim for implementation. "Safog.com" cannot be obliged to compensate for travel and accommodation costs and loss of work in this case. In case of cancellation of an open event, "Safog.com" will try to rebook the participants to another date and/or another venue, if they agree. If not, "Safog.com" will refund any seminar fees already paid. In case of cancellation of an in-house training, consulting or development by "Safog.com", a new date will be arranged. As long as "Safog.com" can suggest alternative dates and/or replacement employees, the customer has no right to cancel the service booked with "Safog.com" free of charge or at a reduced cost.
Safog.com" is not liable for indirect damages due to cancellation of a training, conference or other event, consulting or development, especially loss of profit or claims of third parties. Furthermore, "Safog.com" assumes no liability for loss or damage to the property of event participants or third parties or for accidents. This also applies to damages caused by viruses on copied data carriers and public domain software.
The Customer undertakes to indemnify "Safog.com" in the internal relationship (between "Safog.com" and the Customer) from all possible claims of third parties, which are based on illegal actions of the Customer or errors in the content of the information provided by the Customer. This applies in particular to copyright, data protection and competition law violations.
"Safog.com" reserves the right to update or modify training materials and content. All rights, including those of translation, reprint and reproduction of the training or event documents or parts thereof, are reserved to "Safog.com". The documents may not be reproduced in whole or in part in any form, including for purposes of instructional design, passed on to third parties, or copied, processed or used for public reproduction, in particular using electronic or other processing systems, without the written permission of „Safog.com".
In the courses of "Safog.com" software is used, which is protected by copyrights and trademarks. Therefore, this software may not be copied or processed in any other form and may not be removed from course rooms. "Safog.com" does not guarantee that the processes, products or names mentioned during the service are free of third party intellectual property rights.
The contract and all legal relations between "Safog.com" and the Customer are governed by Italian law, to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods.
In deviation from the place of jurisdiction provided for by law, Bolzano shall be exclusively designated as such, to the extent permissible.
Any dispute arising between the parties on the interpretation, application and/or execution of the present contract shall be referred to the Arbitration Court itself, in accordance with the Arbitration Rules of the Arbitration Court of the Chamber of Commerce, Industry, Crafts and Agriculture of Bolzano. The decision shall be final and shall be made by a sole arbitrator in accordance with the Rules of the aforementioned Arbitration Court. For the appointment of the sole arbitrator, the parties expressly refer to article 26 and following of the said Arbitration Rules.
Our data protection regulations take effect.
Amendments or supplements to this contract shall only apply if they have been agreed in writing. This shall also apply to any amendment of this written form clause.
All notifications or declarations of "Safog.com" can be addressed to the Customer electronically. In this context, the timely receipt of an e-mail is equivalent to a written communication; this expressly applies also to any termination provisions.
Should any provision of this contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The ineffective provision or the loophole shall be replaced by a provision which comes close to the economic purpose of the agreement and which would have been agreed by the parties if they had known of the ineffectiveness of the provision.