beta-web GmbH
Celsiusstraße 43
53125 Bonn
Deutschland
Telefon: +49 (0)228 91937 0
Telefax: +49 (0)228 91937 42
E-Mail: service@iXtenso.com
Internet: www.beta-web.de

Project Leader: Marc Pradel

Authorized Executives: Michael Wackerbauer, Heike Lange

Registration Court: Amtsgericht Bonn, Company Registration Number: HRB 9711
Value Added Tax Identification Number according to § 27a Value Added Tax Act: DE 220697391

Responsible for the content according to § 10 paragraph 3 MDStV: Michael Wackerbauer (address as mentioned above)

Disclaimer

This website informs potential users about the Internet trading portal iXtenso and its activities. All information is updated constantly to keep it timely and accurate. However beta-web GmbH shall take no responsibility for the correctness and completeness of this information.

Although beta-web GmbH examines all pages linked to its own website with special diligence, it is not responsible for contents of such websites and thus shall accept no liability. beta-web GmbH shall not claim ownership of the contents of such websites.

Copyright

Layout, texts, pictures and charts of this website are proprietary. This is particularly the case for trademark and patent rights but shall also include all other forms of intellectual property. Neither individual contents of this website nor entire pages shall be changed, copied, reproduced or used in any other way without prior written approval of iXtenso. Violations of such rights shall be prosecuted according to criminal and civil law.

 

© 2008, beta-web GmbH, All rights reserved.

iXtenso (hereinafter referred to as "website") is operated by beta-web GmbH, Bonn/Germany (hereinafter referred to as "we").

Protecting security and privacy of all personal data supplied by users of iXtenso is important to us, therefore we conduct our business in compliance with the German Data Protection Act. Whenever personal data, including possible confidential information, is transferred to iXtenso the user accepts the practice described in the following.

All information that iXtenso receives from its users helps us to adapt iXtenso to the user’s requirements and turn it into a valuable instrument. The user may give us information in the registration form or through different feedback options on our website. We will not collect information automatically, for example through the use of cookies. The user may however use cookies selectively, for example to save the password on his computer.

iXtenso offers additional services such as an e-mail newsletter. When the user registers for these services he automatically accepts the use of his personal data, as far as it is necessary for the provision of the service.

Use of personal information

We shall only pass personal information of the user to third parties in the following described cases: Where we are legally obligated or where it is necessary to enforce the Terms and conditions of iXtenso; where it is necessary for a third party performing services for iXtenso. In these cases the third party shall also be obligated to comply with this privacy statement.

Personal information will also be used aggregated and anonymously to analyze user statistics and navigation information.

Safety of personal information

Personal information shall only be collected for handling and further development of iXtenso and correspond to these purposes in extend and manner. We shall update collected data on the basis of new information and delete it where it is not needed any longer. All data shall be stored in our database and protected against unauthorized access.

Data protection of different websites varies highly. Please understand that we have no influence on contents and data protection policies of websites linked to iXtenso. We shall therefore not be liable for contents of linked websites or for the safety of the user’s personal data collected on these pages.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site.

The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

For details please visit http://www.google.com/intl/en/privacy.html

Terms and conditions of beta-web GmbH for the use of iXtenso

iXtenso shall offer access to its databases and connected services. Any use of iXtenso is subject to these Terms and conditions. The version of these terms that is online at the time of use shall be valid. Any other conditions that are in conflict with the above shall not apply unless they are agreed upon in writing. With use of or registration at iXtenso the user accepts these terms. No further declaration shall be needed. The German version of these terms shall prevail at all times. Where there is any contradiction between the two versions, the German version shall take precedence.

1. Access to iXtenso and other networks

iXtenso shall only be liable for its own offer. The Internet as well as other networks are independent from iXtenso. iXtenso shall not be liable for contents that the user obtains or distributes via the Internet or other networks. Use of the Internet and other networks shall be made at the user’s own risk and account. The user undertakes to act by the appropriate statutory regulations, administrative instructions, contractual duties and other applicable provisions. It shall be the user’s responsibility to inform himself continuously about the appropriate regulations.

iXtenso shall generally be available 24 hours every day. It may not, however, guarantee to be available at all times or to achieve the wanted search results.

2. Contents of third parties

iXtenso offers access to information, data, software, communication, contacts, etc. (hereinafter referred to as “contents”) of third parties. iXtenso shall not be liable for contents of third parties. The user shall be obliged to use, process, distribute, or exploit these contents according to the appropriate statutory regulations, administrative instructions, contractual duties and other applicable provisions. He shall particularly comply with regulations concerning copyright. It shall be the user’s responsibility to inform himself continuously about the appropriate regulations.

3. Legal transactions with third parties and usage of services

Contracts for the purchase of goods or services that are concluded through iXtenso between the user and a third party shall constitute no contractual obligations for iXtenso. Possible objections of the user to such contracts shall be made to the third party only. Where payment transactions are conducted via the Internet or other networks the user shall hereby be informed about possible safety risks.

4. Contents of the user

The user shall be obliged to comply with the appropriate statutory regulations, administrative instructions, contractual duties and other applicable provisions whenever he provides contents to the Internet via the access provided by iXtenso. He shall particularly comply with regulations concerning copyright. It shall be the user’s responsibility to inform himself continuously about the appropriate regulations.

The user shall be obliged to indemnify and hold iXtenso harmless from possible claims of third parties for breach of the third parties rights. He shall also be obliged to compensate iXtenso for all damages and for fair expenses connected to such claims from third parties.

The user shall concede iXtenso the necessary rights needed to distribute his contents. This shall be free of charge, non-transferable and includes the right to process and copy the contents.

5. Warranty

iXtenso shall neither take responsibility for the correctness and availability of data in its database, nor for the updating of such data. Technical inaccuracies or spelling mistakes, which do not affect the use of the database, shall not constitute any warranty claims. Upon notification iXtenso shall nonetheless try to correct such mistakes as soon as possible.

No warranty shall be given for existence, adequacy or flawlessness of the user’s transmission lines and communication appliances.

Where dates or data within the database of iXtenso are incorrect and these mistakes considerably affect the usability of the data concerning content or technical representation, iXtenso shall eliminate mistakes promptly.

6. Liability

iXtenso shall be liable for damage caused intentionally and by gross negligence. For slight negligence it shall only be liable for breach of obligations that are essential to the contract. Claims for compensation shall be limited to the amount of foreseeable damage.

iXtenso shall not be liable for damages due to loss or misuse of the user’s password or for data from third parties contained in the database.

7. Copyright

Contents distributed by iXtenso are protected by copyright. Use of these contents shall be subject to applicable copyright law and protection. The user undertakes to accept these laws and comply with them. Search results that are downloaded and/or printed out are intended for personal use only, or in the case of information brokers for the personal use of the client. Downloaded or printed data shall not be given to third parties, distributed, reproduced in public or otherwise published, without the prior written consent of iXtenso. The user may not remove copyright declarations, trademarks or other legal reservations from downloaded data.

8. Registration

To use certain contents the user has to register at iXtenso. Registration is free of charge and no payment obligations shall arise from it.

9. Identifier and password

The user is responsible for the safe storage and usage of his password and other security components.
iXtenso shall not be liable for damages due to abuse or loss of the user’s identification (identifier, password).

10. Privacy

According to the German Data Protection Act (BDSG) we inform the user that iXtenso electronically stores and processes his address and all other data supplied by him. iXtenso ensures to keep all data confidential.
For more information see our Privacy statement.

11. Place of performance and jurisdiction

This declaration is subject to German law; the Vienna Convention on Contracts for the International Sale of Goods is excluded. Place of performance is Rodgau. Jurisdiction for all legal disputes arising from these conditions is, as far as legally allowed, Seligenstadt.

12. Waiver and Severance

Should one or more of these clauses be or become invalid or should any omissions be found in this contract, it shall not affect the remainder of the conditions. Invalid clauses or omissions shall be replaced by the appropriate statutory regulations.

General Terms and Conditions of beta-web GmbH for Online Advertising

1. Advertising Order

(1) "Advertising order", in the sense of the following General terms and Conditions, refers to the agreement to publish one or more advertisements or presentations within any information or communication service, especially the Internet, for the purpose of circulation.
(2) Unless otherwise expressly agreed, the publication of advertisements takes place on the web pages of the iXtenso online portal and by email newsletters and RSS newsfeeds published under the brand name iXtenso.
(3) The advertising order is exclusively subject to the General Terms and Conditions and price list of the media data as published on the web sites of the online portal iXtenso. These constitute an essential part of the contract. The validity of any terms and conditions on the part of the advertiser or other space buyer are expressly excluded if they do not comply to these General Terms and Conditions.

2. Advertisement Forms

(1) An online advertisement in the sense of these General Terms and Conditions can, for example, be composed of one or more of the following elements:
- a picture, a text, a series of musical notes, moving pictures (e.g. banners),
- a sensitive area which, when clicked, initiates a connection to further data at an online address given by the advertiser, for instance the webpage of the advertiser (i.e. link)
(2) In particular, an online advertisement is a company entry, product entry or a banner.

3. Conclusion of a Contract

(1) Subject to individual contrary agreements the advertisement order becomes valid through confirmation in written form or by email. The confirmation can also be communicated personally or via telephone. Should this confirmation not be received, the order is considered to be confirmed by the publication of the online advertisement.
(2) In the event of doubt and subject to other written agreements, orders placed by advertising agencies compose a contract between the beta-web GmbH and the advertising agency. Should an advertising client become the advertiser, beta-web GmbH must be informed of the advertiser’s name by the advertising agency. beta-web GmbH has the right to demand proof that the client is listed by the advertising agency.
(3) Advertising for goods or services from more than one advertising client or other advertisers within a particular advertisement (e.g. banners, pop-up ads) requires an additional agreement in written form or per email.

4. Right of Withdrawal

(1) Non-private advertisers have the right to withdraw from the contract within 3 calendar days. Withdrawal shall be made in writing or per email. The obligation to prove the sending of the withdrawal lies by the advertiser.
(2) In accordance with the provisions of the law private advertisers can withdraw from the contract within 14 calendar days.

5. Settlement Period

If the right to requisition individual advertisements at a later time is granted under the terms of a contract, the order must be carried out within one year of the conclusion of the contract.

6. Runtime

(1) Runtime is the period of time in which the advertisement forms are published within the online portal iXtenso, i.e. during which they are open to the public.
(2) In general the runtime starts with the date stated in the offer and/or invoice (kick-off date). The runtime ends on the expiration date defined in the offer and/or invoice.
(3) The advertiser may combine different advertisement forms with different runtimes in one order.
(4) By concluding the contract the advertiser acknowledges the defined runtime for the presentation of advertisement.

7. Payment

(1) With the first publishment of the advertisement according to paragraph 6, the full sum for agreed services is invoiced, including the fee for services to be performed in the future.
(2) Payment is due upon receipt of the invoice. The payment period of 14 days begins with receipt of invoice and payment shall be made without discount. The payment total is to be assigned to a banking account of the beta-web GmbH.
(3) Starting on the due-date of the invoice, the beta-web GmbH is entitled to charge interest (8% above base rate for non-private clients according to the German Civil Code §§ 247, 288). Furthermore, beta-web GmbH may claim overdue fines.
(4) In addition beta-web GmbH reserves the right to suspend the publishment of the advertisement during the delay of payment. The duration of this suspension will be taken into account on the runtime according to paragraph 6.

8. Termination of the Contract

(1) The advertiser has the right to terminate the advertisement order before the agreed end of the runtime according to the following stipulations.
(2) The notice of termination shall be made in writing or by email.
(3) The period of notice is 14 days until the end of each month.
(4) beta-web GmbH shall take the advertisement offline upon receipt of the notice of termination.
(5) If the period of notice is complied to, the last day of the same month is considered to be the expiration date. Otherwise, the expiration date is the last day of the following month.
(6) In case of a premature termination of the advertisement contract, a cancellation fee is due according to paragraph 9. (7) Termination of contract by the advertiser shall not be possible if more than 75% of the runtime according to paragraph 6 have already passed.
(8) Upon termination of contract by the advertiser, excessive payments already made will be paid back within 4 weeks after a deduction of the corresponding cancellation fee.

9. Cancellation Fee

(1) In addition to the compensation of the actual publishment of the advertisement, a cancellation fee is due where the advertisement contract is terminated prematurely.
(2) The cancellation fee will be retained from the prepayment.
(3) The extent of the cancellation fee complies with the period of actual publishment of the advertisement.
(4) For the calculation of the cancellation fee, the runtime is counted in months and rounded up or down to full months where the runtime does not terminate on the end of a month.
(5) In case of a termination before 75% of the runtime have passed, the cancellation fee is 60% of the invoice total.
(6) In case of a termination before 50% but after 25% of the runtime have passed, the cancellation fee is 25 % of the invoice total.
(7) In case of a termination after 50% of the runtime but before 75% have passed, the cancellation fee is 10% of the invoice total.

10. Right of Refusal

(1) beta-web GmbH reserves the right to refuse or block advertising orders – including individual requisitions under the terms of a transaction – if
- their contents violate laws or official regulations or
- if the contents are liable to be objected to by the German Advertising Council (Deutscher Werberat) in a complaints procedure or
- if the publication thereof is unreasonable to the beta-web GmbH due to its content, origin or technical form.
(2) beta-web GmbH has the right to withdraw an already published advertising medium if the Advertiser himself changes the content of the advertising medium after it has been published or if the data refered to by a link are changed after publication of the link and the conditions of paragraph 1 become applicable to the new version.

11. Delivery of Data

(1) The Advertiser shall be obliged to provide the beta-web GmbH with correct advertising material, particularly with regard to format or technical specifications as designated by beta-web GmbH in due time before the publication date. The beta-web GmbH will immediately request replacement if the material is seen to be unsuitable or damaged.
(2) The Advertiser shall bear the costs arising to the beta-web GmbH for changes to the advertising material that are either requested by the Advertiser or justifiable.

12. Guarantee of Rights

(1) The Advertiser shall guarantee that he is in the possession of all rights necessary for the placement of an advertisement. Within the framework of the contract the Advertiser shall hold beta-web GmbH harmless from all claims by third parties which might arise through the violation of any laws. In addition, beta-web GmbH is released from the costs of legal defence. The Advertiser shall be obligated to support beta-web GmbH in good faith in his defence against third parties by supplying information and documents.
(2) The Advertiser shall pass all necessary copyrights for the use of the advertisements in all forms of online media, including the Internet to beta-web GmbH. This includes the right of use, ancillary copyright and other rights, in particular the right to duplicate, circulate, transmit, broadcast, abstract from a database and requisit, both with regard to time and content, to a degree necessary for the completion of the contract. The above-mentioned rights are always to be given unrestricted and authorise beta-web GmbH to place advertisements using all forms of technical process and all known forms of online media.

13. Obligations of beta-web GmbH

(1) beta-web GmbH guarantees, within the framework of predictable demands, a best-possible reproduction of the advertising medium in accordance with the technical standard of the time. The Advertiser shall accept however, that according to the current state of technology, it does not always make economic sense to create a program entirely free of errors. The guarantee does not include marginal errors.
An error in the depiction of the advertising medium is marginal if it has been caused
- by the use of unsuitable depiction software or hardware (e.g. browser) or
- by a malfunction of the communications network belonging to other providers or
- by a computer breakdown caused by a breakdown of the system
- by so-called proxy servers (message buffers) that are either incomplete or not up-to-date or
- a breakdown of the ad server lasting no longer than 24 hours (cumulated or continuous) within a 30 day period after the begin of the contractually agreed placement period. A breakdown of the ad server over a considerable period (more than 10 percent of the period booked) within a fixed runtime will release the Advertiser from the duty of payment for the period of the breakdown. Further claims shall be excluded.
(2) If the reproduction quality of the advertising medium is insufficient and constitutes a considerable error, the Advertiser shall have the right to a reduction of payment or a perfect replacement, but only to the degree of the advertising medium being affected. If the replacement advertisement is a failure or is unreasonable, the advertiser has the right to a reduction of payment or a withdrawal from the contract.
(3) If there are defects in the advertising medium documents that are not obvious, the advertiser shall have no right to claims if the resulting publication is insufficient. The same applies if the advertisement is placed several times and if the advertiser does not inform beta-web GmbH of the errors before the next placement.
(4) Errors or delays that are caused by deficient or delayed delivery of advertising material (texts, pictures, video or audio data etc.) shall not be to the account of beta-web GmbH.

14. Default

If the execution of an order cannot be fulfilled for reasons for which beta-web GmbH cannot be held accountable, in particular a breakdown of the computer system, vis major, strike, legal provisions, interference in the sphere of responsibility of third parties (e.g. other providers), network operators or service providers or for similar reasons, the order will be repeated, whenever this is possible. beta-web GmbH shall still be entitled to payment for an order that is carried out within a time period reasonable for the advertiser after the disruption has ceased.

15. Liability

(1) Indemnity claims for positive breach of obligation, negligence in contracting and tort are only applicable for premeditation and gross negligence on the part of beta-web GmbH, its representatives or vicarious agents. This does not apply to claims for guaranteed quality, or to injury of life, body or health or the breach of considerable contractual obligations; in this case the liability is restricted to the replacement of the foreseeable loss. Indemnity claims arising from impossibility of performance and default by ordinary negligence are restricted to the replacement of the foreseeable loss.
(2) In case of gross negligence on the part of its minor vicarious agents the liability towards companies is restricted to the extent of the foreseeable damage. This does not apply to a breach of essential contractual obligations.

16. Price list

(1) The rates of the advertisements are based on the price list of beta-web GmbH published on the Internet in the media data of the online portal iXtenso and in effect at the time the advertisement order is placed.
(2) Discounts are granted according to the price list valid when the advertisement order is placed. Advertising agencies and other advertisers are obligated to use the price list in the iXtenso media data of beta-web GmbH for their quotations, contracts and invoices.

17. Placement Confirmation

Placement confirmations are only conditionally valid and may be changed for technical reasons. In such cases, beta-web GmbH may not be made liable.

18. Data Security

The advertisement order will be carried out according to the currently applicable German laws of data security.

19. Place of Performance and Jurisdiction

German law applies. The place of performance is the registered office of beta-web GmbH. Place of jurisdiction for legal proceedings is Bonn.

The German version of these terms shall prevail at all times. Where there is any contradiction between the two versions, the German version shall take precedence.