General Terms and Conditions of MasReservas S.R.L. (As of 12.07.2024)
- Scope 1.1 MasReservas S.R.L. (hereinafter referred to as „Provider“) renders all services exclusively based on these General Terms and Conditions (GTC). By commissioning the Provider, the customer acknowledges these GTC. 1.2 These GTC apply to all current and future business relationships between the Provider and the customer. 1.3 Deviating, opposing, or supplementary GTC of the customer do not become part of the contract unless the Provider explicitly agrees to their applicability in writing.
- Conclusion of the Contract 2.1 Offers from the Provider are non-binding and subject to change unless explicitly marked as binding. 2.2 The contract is concluded through acceptance of the customer’s order by the Provider. Acceptance occurs through written order confirmation or by starting the service provision. 2.3 Amendments and supplements to the contract require written form to be effective. This also applies to the waiver of the written form requirement.
- Scope of Services and Service Changes 3.1 The scope of the contractual services results from the service description in the contract or an annex to the contract. 3.2 The Provider reserves the right to expand, change, and improve services, particularly if these serve technical progress, appear necessary to prevent misuse, or the Provider is obliged to do so by law. 3.3 As far as the Provider provides free services, these can be discontinued at any time without prior notice. This does not entitle the customer to a reduction, refund, or compensation claim.
- Customer Obligations and Responsibilities 4.1 The customer is obligated to provide necessary data fully and correctly and to notify any changes without delay. This particularly applies to address and contact details. 4.2 The customer must use the Provider’s services properly. In particular, the customer is obligated to: a) Inform the Provider immediately about changes to the contractual basis; b) Protect access and usage options as well as access data from third-party access; c) Not transmit information with illegal or immoral content or refer to such information; d) Not transmit viruses, trojans, or other harmful files; e) Not take actions that are likely to excessively burden the Provider’s infrastructure; f) Not misuse the services or allow misuse by third parties.
- Fees and Payment Terms 5.1 Unless otherwise agreed, fees result from the Provider’s valid price list. 5.2 The Provider invoices the customer for fees and any incurred expenses monthly. Invoices are payable within 14 days of receipt without deduction. 5.3 If the customer is in default of payment, the Provider can claim incurred expenses and default interest at the statutory rate. Further claims due to payment default remain unaffected. 5.4 The Provider is entitled to suspend services if the customer is in default of payment. The Provider will inform the customer of this in text form in advance. 5.5 The customer’s set-off against claims of the Provider is only permissible with undisputed or legally established counterclaims. A right of retention of the customer is excluded unless it is based on the same contractual relationship.
- Liability 6.1 The Provider’s liability, regardless of the legal basis, is limited to the amount of the contract value. 6.2 Liability for damages arising from errors in service provision is excluded unless the Provider is responsible. This particularly applies to damages caused by failures or disruptions of the services provided by the Provider. 6.3 For services in the area of search engine optimization (SEO), online marketing, and similar services, the Provider does not guarantee achieving a specific ranking in search engines or the success of particular marketing measures. The Provider works to the best of their knowledge and belief but has no influence on search engine algorithms, advertising platform policies, or user behavior. 6.4 For hosting services provided, the Provider is only liable for outages within their responsibility. Outages due to force majeure, third-party faults, or disruptions caused by the customer are not considered. 6.5 The Provider is not liable for data and/or program loss if the damage is due to the customer’s failure to perform data backups, thus ensuring that lost data can be restored with reasonable effort. 6.6 The above liability limitations also apply in favor of the Provider’s vicarious agents if claims are made directly against them.
- Contract Duration and Termination 7.1 Unless otherwise agreed, the contract is concluded for an indefinite period. 7.2 Both parties may terminate the contract without notice at the end of a calendar month. 7.3 The right to extraordinary termination for good cause remains unaffected. Good cause exists, in particular, if: a) The customer continuously breaches essential contractual obligations despite a warning; b) The customer is in default with the payment of fees for two consecutive dates or a significant part of the fees; c) The customer is insolvent or insolvency proceedings have been opened over their assets. 7.4 Any termination must be in text form to be effective.
- Copyright and Usage Rights 8.1 All copyrights, trademarks, or other protective rights arising within the scope of the contractual relationship remain with the Provider. The customer only receives the contractually guaranteed usage rights. 8.2 The Provider grants the customer a simple, non-transferable, and time-limited right to use the contractual services for the duration of the contract. Further use is not permitted. 8.3 The customer is not entitled to grant sublicenses. 8.4 If the customer violates the provisions of this clause, the Provider is entitled to terminate the contract without notice.
- Data Protection and Confidentiality 9.1 The contracting parties will comply with the applicable data protection regulations and obligate their employees involved in the contract to data secrecy unless they are already generally obliged accordingly. 9.2 If the customer collects, processes, or uses personal data themselves or through the Provider, they ensure that they are entitled to do so under the applicable, especially data protection, regulations and indemnify the Provider from third-party claims in case of a violation. 9.3 The contracting parties commit to treating all confidential information that becomes known to them in connection with the contract execution as confidential.
- Final Provisions 10.1 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Puerto Plata. The law of the Dominican Republic applies exclusively, excluding the UN Sales Convention. 10.2 The customer may only transfer rights and obligations from this contract to a third party with the prior written consent of the Provider. 10.3 The Provider is entitled to transfer rights and obligations from this contract in whole or in part to a third party. The Provider must inform the customer of the transfer. The customer may terminate the contract without notice within one month after receiving the notification. 10.4 Should any provision of these GTC be invalid, the validity of the remaining provisions remains unaffected.