General Terms and Conditions
General conditions of use
Welcome to our web portal spaki.com.
Below you will find General Conditions of Use (hereinafter referred to as “Conditions of Use”) pertaining to all online offers from spaki.com (hereinafter referred to as “Offeror”). These conditions have to be accepted in order to be able to use the below mentioned services of spaki.com which require registration, e.g.:
- Transportation intermediary services, search for transportation
- Sale, purchase lease and rent of vehicles
- Job fair
- Small advertisements
- Partnership program
The Offeror of the web portal is Spaki.com, address Auf der Held 13A, 54634 Bitburg, Owner: Stanislaw Szpakowski.
By clicking on appropriate field during registration you declare that you have read and understood conditions of use and that you accept them. Conditions of use may also be printed or downloaded. Rules related to non-disclosure of information may be also read regardless of the conditions of use.
A) General conditions of use
1. Scope of application
Conditions of use are effective for all services offered on websites spaki.com and require registration.
Conditions of use are available at all times on website and may be printed. They are effective for all services, both single-use and permanent ones, unless there are any other special regulations.
General Commercial Conditions for special services are effective according to the present conditions of use without reservations and in case of conflicting regulations in other general commercial conditions, special General Commercial Conditions shall prevail.
User’s conditions, if conflicting or differing from the present conditions of use, shall not apply.
It should be noted that in case of realizing online services by co-operating partners or advertisers, their General Commercial Conditions shall be governing.
The offeror reserves the right to change the present conditions of use in the future in order to e.g. allow for changes in the legal system, changes of rendered services or legislation loopholes. The offeror shall announce the changes in general conditions of use at least four weeks before they become effective. The changes are effective if they have not been challenged within the period of four weeks from the moment of their announcement. When announcing the changes, the offeror shall inform about the right to lodge a challenge as well as about the effects of lack of such challenge. If the challenge is lodged within the indicated period of time, the existing contractual provisions are still applicable when using the services. The right to terminate the contract shall not be affected, according to par. 9.
The offeror’s services are made available to the user subject to accessibility. The offeror makes every effort to maintain fixed accessibility of service. Limitations or interruptions in use may occur as a result of maintenance works, development or defects. This may also result in data loss. Users affected by data loss have no right to claim compensation on this account. Moreover, the offeror has the right to change or suspend offered services and provisions at anytime at his sole discretion and without previous announcement.
3. Establishing user’s account
For the purpose of using specified services rendered within online offers, such as e.g. participation in forum, the user has to establish personal user’s account. In order to do this, the user realizes one-time registration by means of entering the required data to the input mask and then acquires user’s account protected by a password.
This authorization is valid for the user only and cannot be transferred. The user is personally liable for maintaining confidence with respect to the user’s name and the password.
4. User’s responsibilities
In the course of using services, the user undertakes not to infringe binding regulations of law and any of the contractual provisions. The user undertakes in particular that the content published by him shall not infringe any rights of third parties, especially copyright, personal rights, patent right and trademark protection right as well as other rights; the user undertakes to observe binding criminal law and resolutions pertaining to the protection of the minor and not to publish content of the following nature: racist, holocaust denial, offensive, pornographic or sexual, threatening to the youth, extremist, appraising or underestimating violence, glorifying war, inciting to participation in political terrorist or extremist groups, instigating criminal offence, containing messages that are abusive or inappropriate for the minor or other punishable content.
Moreover, for the purpose of data protection, the user undertakes to take into account recognized data protection rules and to observe liabilities resulting from data protection rules. The user undertakes in particular to verify with utmost diligence e-mails and inquiries sent to the offeror on account of viruses, to observe statutory and technical regulations, to maintain confidence, not to transfer or tolerate and prevent disclosure of the user’s name and password and in case of infringement or loss of the above mentioned data or suspicion of such loss, to notify the offeror immediately. Information regarding inappropriate use of the content made available by the offeror should be also submitted without delay.
5. Scope of use
The user is entitled to make subsequent copies (e.g. printout copies of websites or an article) for private purposes only or for his own information purposes. Moreover, the user is allowed to use accessible articles exclusively for his own use. These authorizations are valid until protective marks (Copyright mark etc.) as well as performance of marks and names remains unaffected in the duplicated copies.
All remaining ways of use (including – but not limited to – copying for commercial purposes together with filing, transferring or processing by third parties for their own purposes or third parties or public communication as well as translation, processing, arrangement or other modifications) require previous written consent granted by the offeror.
The user is not entitled to remove from the data copyright marks, trademarks and other legal disclaimers. The user is obliged to guarantee recognition of authorship.
6. Data protection
The user was notified, according to the Broadcasting Act (TMG), German Data Protection Act (BDSG) as well as other regulations pertaining to data protection, that personal data given in the course of registration are recorded, processed and used for machine reading exclusively for the purpose, for which it was given by the user, unless there was any consent given for other type of use.
The offeror is entitled to register, process, record and use personal data of the user related to the use of his services, provided that it is necessary to make the services available to the user. As a consequence, when the user visits the offeror’s service, the data given by the user are then registered, recorded and processed, provided that it is actually necessary. Moreover, the offeror is entitled to access this data in order to maintain efficiency of the aforementioned services. Te offeror guarantees confidential treatment of data.
The user has the possibility of free and gratuitous access to personal data kept by the offeror and recorded under the user’s name or pseudonym. For that purpose the user submits his application to the offeror.
Having obtained the user’s voluntary, individually declared and recorded consent for “extended data use “, the offeror is entitled to register, process (e.g. modify, record for further processing, join with other data records and file) and use personal data as well as profile and demographic data for the following purposes:
- admission to the list of participants
- transfer of information regarding online offers proposed by the offferor
- personalization and optimal adjustment of services rendered by the offeror to the user’s interests
- advertising and market survey for online offers proposed by the offeror
Having obtained the user’s consent, the offeror is not obliged to remove data pertaining to the use as soon as possible, i.e. immediately after completion of each particular use, but is entitled to record this data.
The consent is given by means of checking appropriate box. The given consent is then recorded and its content is permanently accessible to the user.
The offeror undertakes for his part that he will use the user’s data acquired as a result of the relationship of use only within the scope of TMG, BDSG and other regulations pertaining to data protection and – with the reservation that other consent was given – only for realization of purposes under the regulation pertaining to data protection, the offeror shall keep the data confident and oblige his employees to do so, provided that it is required by law.
In order to be able to ascertain the extent to which the offer is interesting for the users and how it might be improved, general and impersonal statistic data is recorded with regard to the use of the online offers proposed by the offerer. For that purpose surveys are carried out, data and information are collected from server evidence in the form of a comprehensive database and used for statistics and analyses.
The user may at any time withdraw his consents for the future. In order to do this, he should terminate the agreement for use regarding extended use of personal data and then personal data will be totally removed by the offeror. In case when, through the user’s consent, his personal data was transferred to cooperating partners, then they will be immediately informed about it and requested to remove this data. There is also a possibility to maintain the agreement for use in force and to withdraw only the consent for extended use of personal data in the future. If the data is processed by external service suppliers within the scope of central data processing, then in such case the offeror takes reasonable steps in order to take into account the issue of full protection of the user’s personal data.
7. Guarantee and responsibility
The offeror has no effect on the transport of data via Internet. The offeror also bears no responsibility in case of inappropriate submission of interactive processes to the user and does not guarantee fixed Internet delivery. Moreover, it cannot be guaranteed that exchange of data will be realized at a specified data transfer rate.
What is more, the guarantee does not cover defects which may arise as a result of faults or gaps in performance of the user’s computer, faults and gaps of electronic connections between the user and the server or as a result of illegal use of the user’s name and password.
The offeror’s service is not a system with high safety level, therefore due to the very connection to the Internet and technical conditions arising from this connection it cannot be guaranteed that the transfer of information to and from the offeror is not captured and recorded by third parties.
The offeror does not bear the risk of data loss by means of transmission beyond his area of activity. Passing of risk takes place at the time of disclosing data or an article on the server. The offeror also does not bear responsibility for the security of data beyond the area of his activity.
Claims are not reasonable in case of insignificant impediments occurring in the course of searching the service, at the access to articles, on recording articles or with regard to their content (e.g. spelling mistakes, time delays), which do not impede the use of service or articles in a significant way.
The offeror shall remove significant defects and errors as soon as possible and shall make every effort to remove insignificant impediments in due course. The offeror shall make every effort to maintain fixed accessibility of the service. However, the user cannot pursue claims for fixed access to the offeror’s service.
The offeror is responsible for accessibility of his services only in case when lack of accessibility and thus works and gaps result from the offeror’s purposeful action or gross negligence. It does not concern the case when lack of accessibility results from force majeure and is not caused by the offeror or when works are carried out only in the user’s interest.
The offeror expressly excludes guarantee in the remaining cases, unless it is permitted by law.
The offeror shall pay damages if he is responsible regardless of legal basis, in case of purposeful action, gross negligence, in all other cases resulting from infringement of cardinal obligation, delay or lack of possibility for those damages whose occurrence should be accounted for at the moment of concluding the contract, however it does not refer to special damages, incidental, consequential or consecutive damages (including but not limited to loss of profit, performance gap, loss of trade information or other remaining material damages) which arouse from the use or lack of possibility of use of service and materials, also when the offeror had been previously alerted about the possibility of occurrence of such damages.
Responsibility for personal damages and damages conforming to Product Liability Act shall remain unaffected.
Claims for damages asserted by the user may be based on faults if the offeror bears responsibility for these faults according to Articles 276, 278 of the German civil code BGB.
Apart from purposeful actions and cases of gross negligence, the offeror is not responsible for the possibility and quality of access as well as the quality of representation, failure of notation, break, delay (if any), removal and erroneous transmission in the course of communication.
What is more, the offeror cannot be held responsible for events causing damages (e.g. data loss) which occurred beyond his area of activity.
Due to the fact that some countries/ jurisdictions do not permit exclusion or limitation of responsibility for consecutive or incidental damages, the aforementioned limitation may be expected to be invalid for them.
The user is responsible for all results and damages which shall occur at the offeror as a result of inappropriate or illegal use of service or in case when the user does not realize his other significant contractual obligations (including, but not limited to keeping the password confidential). The user shall release the offeror on a first call basis from and against any claims or liabilities of third parties, which they will assert due to the infringement of rights by the user or due to the content prepared by the user, together with relevant costs of court proceedings and attorney’s fees. Moreover, the user undertakes to support the offeror at the defense of such claims.
8. Change of provisions.
The offeror has the right to close, extend or change his service at any time, with prior notice. These changes may occur specifically if technical, legal or commercial framework conditions for the use of Internet are changed – first and foremost beyond the offeror’s scope of responsibility – and rendering services by the offeror will become significantly impeded or impossible.
Each of the parties has the right to terminate due to material reasons. The offeror has the particular right to terminate in the following cases:
- when the user, despite warning, infringes material terms of the present conditions of use in a permanent way;
- when the user commits an infringement with regard to third parties using the offeror’s offer for purposes which are illegal or may constitute an impediment for third parties.
In case of extraordinary termination the offeror may block the access to his service with immediate effect without service of notice and eliminate the possibility of using his service in the future.
All notices of termination under the present conditions must be made in writing, where an e-mail : anwalt(a)spaki.com is a sufficient form of service.
As soon as notice of termination has entered into force, the access to the offeror’s service shall be blocked.
10. Final provisions and applicable law.
Place of performing services is in the offeror’s registered office, i.e. in Bitburg.
In business trading with merchants, legal entities of public law or in separately established public-law property, competent court in case of complaints shall be in the place of the offeror’s registered office, i.e. in Bitburg. If the claims are not executed by means of an order for payment, competent court in case of non-merchants shall be in their place of residence. All legal relationships resulting from the present contract in business trading with merchants, legal entities of public law or in separately established public-law property are subject to the law of Federal Republic of Germany, excluding UN Convention on Contracts for the International Sale of Goods (CISG). The language of the contract is German.
If the place of residence or habitual residence of the user, also in case of non-merchants, is unknown at the time of submitting a claim or after termination of contract the user removed his place of residence or habitual residence from the area of validity of a legal act, then competent court shall be in the place of the offeror’s registered office if the contract had been concluded in writing.
All information, permissions, announcements or inquiries under the present conditions of use as well as amendments and supplementations to the present conditions of use shall be in writing. Sending e-mails and faxes is consistent with the written form; it also refers to clicking an appropriate field.
B) Particular conditions of use
1. Conditions of use of “spaki.com” - Job fair
a) Each person (natural or legal) hereinafter referred to as “the user” is entitled to use our portal. Natural persons using our portal must be of full age and capable to perform acts in law.
The use of “spaki.com Jobbörse” portal is gratuitous. The present conditions constitute binding and legally effective agreement between the user and the offeror of “spaki.com Jobbörse” portal. By accessing the website of the offeror of “spaki.com Jobbörse” portal, the user accepts the present conditions of use. If you do not accept the present conditions, please do not use websites of the offeror of “spaki.com Jobbörse” portal. The offeror of “spaki.com Jobbörse” portal may annul and/ or terminate access with regard to those users who infringe the present provisions.
b) Advertisements may be used only by persons looking for employment/ job and employees looking for employees. Only valid applications and recruitment advertisements may be posted on the portal. It is forbidden to delete and then immediately re-post identical advertisements or advertisements of the same content. In case of changes or else in case of necessity, the existing advertisements should be updated.
a) Posting and publication of advertisements require previous registration.
b) Registration takes place and is legally effective only when the user had read the present conditions of use and had given his consent by means of a declaration. Then the user is directed to the registration page, where he has to enter specified personal data, give user’s name and created password.
(a) The password created by the user during registration must contain at least 5 characters.
(b) For the purpose of his own safety – protection against unauthorized use of the user’s account on “spaki.com Jobbörse” portal – each user should create a password which is difficult to guess and should keep it secret from other persons.
(c) If the user finds out or assumes that his password was disclosed to third parties, he is obliged to change his password immediately.
(d) Employers using “spaki.com Jobbörse” portal must guarantee exclusion of inappropriate use of their user’s accounts by unauthorized third persons, e.g. by unauthorized employees.
(a) Employers which are users of “spaki.com Jobbörse” portal are obliged to maintain submitted applications in confidence and observe all requirements pertaining to data protection. Transfer of applications to third parties is inadmissible without the candidate’s explicit consent. Articles 7 and 8 of the German Data Protection Act (BDSG) should be taken into consideration.
(b) Entities and persons posting recruitment advertisements are reminded that according to equal treatment act, recruitment advertisements must be neutral with regard to gender. Infringements related hereto may result in claims for damages. The offeror of “spaki.com Jobbörse” portal shall not bear responsibility in this scope.
(e) Users, in particular employers, temporary work companies and private job agencies that collect, record or in other way accept data and advertisements, are obliged to remove the aforementioned data and advertisements if they are not necessary any more.
(a) Users grant the offeror of “spaki.com Jobbörse” portal a right unlimited in time and territory to use posted advertisements for the purpose of employment exchange.
(b) Copyright to database of the portal (hereinafter referred to as “database”) is fully assigned to the offeror of “spaki.com Jobbörse” portal.
(c) The offeror of “spaki.com Jobbörse” portal thus forbids partial or full use or duplication of database or using advertisements posted in database for purposes other than those directly related to establishment and commencement of employment relationship/ individual activities.
(d) The offeror of “spaki.com Jobbörse” portal reserves explicit right to claim damages related to copyright. Conflicting actions/ infringement of copyright/ trademark protection right may bring effects resulting from civil law or criminal law, as the case may be.
(a) The following advertisements cannot be posted on the portal and the below mentioned list is an exemplary one and should not be treated as exhaustive: advertisements that infringe legal regulations/ official resolutions/ interdictions or rights of third parties; advertisements that breach decency or violate human dignity; advertisements that endorse products/ services, serve so called “avalanche systems” or are available only at expensive telephone numbers 0900 or by means of paid registration on websites; all advertisements that contain incorrect, inaccurate or misleading information or give false identification data referring to the offeror.
(b) It is forbidden to realize the below mentioned activities, and the below mentioned list is an exemplary one and should not be treated as exhaustive: publishing a CV or applying for a job on behalf of other person; requesting passwords or personal details from other users, deleting or changing materials published by other users; pestering other user or a group (of users), a company or a person or support of pestering; sending correspondence or e-mails to other users without prior call, making phone calls or sending messages by fax without prior call in order to support and/ or advertise products or services; publishing illegal or unauthorized copies of works protected by copyright, e.g. by means of sharing or making pirated copies of computer software or links. Moreover, the following activities should be abandoned: publishing or sharing information related to bypassing security systems protecting against unlawful copying installed by the manufacturers, sharing pirated copies of musical works or other media or links to pirated copies of musical works or other media files, using services offered by spaki.com portal to all kinds of illegal purposes or illegal actions, e.g. publishing or delivering contents, CVs or job advertisements which are slanderous, insulting, derogating in direct or indirect manner, distasteful, obscene, threatening, full of hatred, racism, discriminating or of intimidating nature or containing links to pornographic, inappropriate and unhindered materials of all kinds or materials which infringe moral rights of other persons in a different manner.
(a) In case of violation of the present conditions of use, the offeror of “spaki.com Jobbörse” portal is entitled to immediate deletion of relevant advertisements without notifying the user, permanent or temporary blocking the access to the portal and breaking of an active session.
(b) Advertisements which are out of date may be deleted by the offeror of “spaki.com Jobbörse” portal without giving prior notice to the users.
(a) Sole responsibility for posting advertisements on the portal is held by the user who posted them or else on whose order they were posted. Employers are responsible for their recruitment advertisements posted on websites of the offeror of “spaki.com Jobbörse” portal. The offeror of “spaki.com Jobbörse” portal shall not be treated as an employer with regard to the use of his website.
The user is aware and he accepts the fact that at the time of termination of his account, all his information with recorded CVs, web contacts and e-mail lists will be deleted from database of the offeror of “spaki.com Jobbörse” portal. However, this information may be still available for a specified period of time due to delays in carrying out the action of deleting data from Internet servers.
(b) By giving consent to the present conditions of use, the user of “spaki.com Jobbörse” portal hereby declares that his advertisements and actions shall not infringe either the present conditions of use or the applicable law. Moreover, the user declares that he is entitled to use the content represented in advertisements and that the advertisements posted by him do not infringe the rights of third parties.
(c) In principle, the offeror of “spaki.com Jobbörse” portal does not check the advertisements posted by the users. Information regarding abuse may be reported by means of a function “report an abuse” which is available on the portal.
2. Conditions of use for spaki.com - Small advertisements.
In order to post advertisements, the user is obliged to make registration on spaki.com. There are no claims for registration. In order to complete registration successfully, the user is required to accept the present conditions of use. During registration the user is obliged to enter complete and true data.
Offeror of spaki.com shall make every effort to publish advertisements free of charge; however, claims for publication are excluded.
It is not allowed to post identical small advertisements simultaneously, repeatedly, also / or via several user’s accounts.
It is forbidden to offer through spaki.com portal articles whose content, sale or purchase infringe legal regulations or good practice, or else threatens or may threaten the image of spaki.com.
In particular, it is forbidden to present or offer the following articles:
- articles whose advertising, offer or sale infringes copyright or the right to protect the work of a contractor of specified work, industrial protection rights and remaining rights or transgresses against law/ legal act.
- pornographic articles and articles which are offensive towards the youth.
- drugs, medications, medical products, even if sale of these products is not forbidden under statutory regulations.
- advertisements qualified as spam of the same content which appears repeatedly in one or several categories.
Moreover, it is forbidden to post links to websites or share URL addresses transferring to websites, whose content infringes legal regulations or good practice and/ or if the user of a foreign website does not give his consent to post a link and/ or offers auctions or small advertisements which are directly competitive to spaki.com
All information contained in small advertisements and the user’s account must be accurate and true. Business advertisements should be defined as such while posting a given advertisement; the offeror is then obliged to give the masthead consistent with legal requirements.
In case of infringement of all above mentioned rules, the offeror of the portal explicitly reserves the right to delete appropriate advertisements without prior notice; moreover, he reserves the right not to publish, at his sole discretion, gratuitous advertisements for the user and to delete contents and gratuitous advertisements at any time for convenience, as well as not to publish or else to delete paid advertisement for the user if these advertisements, as the offeror of spaki.com may decide, infringe the present conditions of use and/ or legal regulations and/ or claim that these conditions or regulations were infringed by third parties.
The user transfers to the offeror of spaki.com the right, unlimited in time and territory, to use all contents posted by the user within the services rendered by spaki.com as well as all advertisements posted by the user. The user transfers this right free of charge. Moreover, the offeror of spaki.com is entitled to process, in particular to reduce the size of advertisements, photographs posted in advertisements and their content. The user grants the offeror of spaki.com appropriate copyright resulting from compilation.
The offeror of spaki.com shall not become a party of contracts concluded on the basis of an advertisement and thus shall assume responsibility and guarantee neither for products, services or provisions offered therein, nor for substantive correctness, validity or legal admissibility of advertisements and content, nor for fixed and continuous availability of services on www.spaki.com.
All users are responsible for lawfulness of the posted advertisements and their content and release the offeror of spaki.com from and against any claims of third parties which are asserted towards the offeror of spaki.com with regard to the advertisements or content posted by the user.
3. Conditions of use of spaki.com - Forum.
In order to be able to participate in debates, registration is required. Giving one’s consent during registration to the present conditions of use and participation in the forum means acceptance of the below mentioned guidelines related to discussion.
We are focused on creating open, friendly and respectful atmosphere – that is why we hereby kindly request to pay attention to keep polite and substantive tone of voice, even in a situation when there is a real conflict.
Using the forum for commercial purposes is prohibited. The offeror reserves the right to delete or not to display entries with commercial, punishable, offensive or otherwise unacceptable content. This definition covers entries which have nothing in common with the subject of discussion. Due to large amount of entries appearing every day, notices informing about deletion or lack of entries are not issued. In case of coming across entries whose content seems to be dubious, please do not hesitate to contact forum moderator.
Photographs should not be posted because they often delay the process of downloading – the forum should function as a means of verbal communication. Moreover, long copies of reference texts also should not be posted, instead of that it will be enough to post an appropriate link. It is only the editorial team of the forum that is entitled to start new discussions. Relevant proposals may be directed to the forum address.
Copyright related to the entries, unless they are protected by copyright, shall in principle be the author’s – provided that at the time of posting his entry, the author of spaki.com grants the right to store his entries permanently on the forum sites. However, each publication of entries on the forum by third parties requires the author’s consent.
E-mail address given by the user may be available to other users and guests of the forum, therefore communication may also be realized via e-mail correspondence.
In case of technical problems or questions, a moderator is available at the following address: email@example.com
4. Conditions of use of partnership program for “spaki.com” portal.
In order to participate in partnership program, the advertising user (hereinafter referred to as the partnership user) must fulfill the following requirements:
Partnership user is a natural person and is 18 years of age.
Participation in partnership program is allowed only in the form of a consumer and for private purposes. Participation resulting from permanent, professional or business activity shall not be allowed.
Partnership user may send an e-mail with recommendation only to those recipients who are personally known to the user.
Partnership user is not entitled to act on behalf of the offeror of spaki.com. Under no circumstances is partnership user authorized to accept offers for the offeror of spaki.com, or else to issue or accept declarations.
The offeror of spaki.com shall not approve of any form of exerting influence in an unfair way. Partnership user shall not issue fraudulent statements and give false data related to the offeror of spaki.com and his products, in particular to the given contractual conditions. Except for banners, e-mails or links with requests, partnership user may use the offeror’s brands, trade mark, logo and product names only in case when he received written consent from the offeror of spaki.com. It refers in particular to the use of the offeror’s brands, trademarks, logo and product names within online advertising and in this particular case in using the aforementioned as key words in advertisements and teasers in web browsers.
Partnership user shall receive remuneration according to the current pay review for conclusion of contracts with customers in which he acted as an agent. If necessary, the offeror of spaki.com is entitled to adapt pay review to a given competitive situation. In view of the above mentioned, a contract with the client is concluded with legal effect when a customer acquired by the partnership user has purchased a chargeable promotion package from the offeror of spaki.com and has paid the first invoice issued by the offeror of spaki.com, i.e. an appropriate amount of money shall be transferred to the offeror’s bank account. Further remuneration shall be paid to the partnership customer every month according to pay review and in arrears for each month in which the acquired customer has paid for the purchased promotion package, within the meaning of the present paragraph.
It is only the first agency and ongoing continuation of contract that are remunerated. Subsequent contracts, in particular those concluded directly between the acquired customer and the offeror of spaki.com, without participation/ co-operation of the partnership user, as well as re-entering into the already concluded contracts without participation/ co-operation of the partnership user shall not be additionally remunerated.
If the above mentioned conditions are not fulfilled, then the partnership user shall repay all received remuneration related to customer’s order, regardless of the type of this remuneration.
Contracts concluded by spaki.com are concluded only between the customer and the offeror of spaki.com. The offeror of spaki.com reserves the right to reject orders in which the partnership user acted as an agent, in particular if the customer if the customer is the material reason of such rejection.
The offeror of spaki.com will attempt to realize orders acquired by means of agency in an appropriate way. However, the offeror of spaki.com has the right to modify the orders with the customer’s consent with regard to the offered service and/ or the price. It is particularly necessary in those situations when promotion package or other product is not available or its availability is restricted. If such modification becomes effective, partnership user receives remuneration for the product which was actually realized and not for the product which was originally ordered.
It is not possible to abandon the claims for remuneration without written consent of the offeror of spaki.com. Partnership user may compensate only these receivables which are indisputable or legally valid. Partnership user has the right of retention if it pertains to the same contractual relationship.
Partnership user is always entitled to receive remuneration if he has reported a successful recommendation. The offeror of spaki.com shall transfer remuneration to the account specified in the account of the recommending customer. The offeror of spaki.com is entitled to collect a reimbursement from this account in case there is an existing authorization to collect amounts due directly from bank account.
Partnership user undertakes to use the customer’s personal data, into possession of which he has entered, only subject to the applicable data protection regulations.
Partnership user undertakes not to use customers’ data for application purposes and sales of products and/ or for services of other companies and shall not transfer this data to third persons. It is allowed to use this data only within the present conditions of participation and within recommending activity of the partnership user.
Additional agreements and amendments to the present conditions of participation shall be null and void unless made in writing. This requirement regarding the form cannot be annulled orally or by means of tacit consent, it also cannot be nullified. The offeror of spaki.com is entitled to adapt the present conditions from time to time to the changeable conditions of competition.
Should particular resolutions of the present conditions of participation turn out to be ineffective, it does not infringe effectiveness of the remaining resolutions. Ineffective resolutions should be replaced with such resolutions which are as close as possible to the intended economic meaning. The same rule applies in case of loopholes occurring in the present contract.