Under the domain www.url-monitor.com, login.url-monitor.com and tool.url-monitor.com, URL-Monitor GmbH, address: Funkerberg 16d, 15711 Königs Wusterhausen, (hereinafter referred to as “URL Monitor”) operates a website-based service through which users (hereinafter referred to as “customer”) can monitor the URLs entered by you for changes.
In addition to the source code, search engine-relevant elements of the entered URLs are stored and evaluated for 30 days (or depending on the individually booked storage period). The operator is the technical online platform with which the customer can enter and have his most important URLs entered and checked in order to be able to quickly detect unwanted changes on a website and thus .B counteract a deterioration in search engine results. The interface language of the URL Monitor tool is English.
In addition to the page elements on the URL, external services are also queried for which data provides data for the corresponding URL. URL Monitor cannot guarantee that the data provided by these services will be accurate and will work in the future. URL-Monitor distances itself from the correctness of this data and reserves the right to disable the querying of these external services in the future if the data of these services is no longer usable and can offer the tool “URL-Monitor” and its users a multi-reliprous.
Section 1 Scope
(1) URL-Monitor is entitled to include the data transmitted by customers in the online program URL-Monitor. The customer agrees to the use of the data transmitted by him by URL-Monitor for the purpose of fulfilling the contract for the duration of this contract and the additional time. This consent also includes the necessary use of the brand name, logos, company name and other identifiers for the presentation of the evaluated data on the used terminal devices of the URL-Monitor website. Likewise, URL-Monitor is entitled to use the logo, brand name and company name of the customer and the domains or companies stored in the account free of charge for advertising purposes. This is particularly true as a mention of references on the domain url-monitor.com, in print advertising materials, promotional videos, on trade fair stands and in advertisements such as .B. Facebook Ads, Google Ads, etc.
(2) The contract between the customer and THE URL monitor is concluded by the acceptance of the customer request or by the first act of performance carried out by URL-Monitor. The possibility of the customer’s fee-based discontinuation of content shall be deemed to be the tacit consent of URL-Monitor to the conclusion of a corresponding contract. URL-Monitor reserves the right to refuse to accept the customer request in individual cases without giving reasons.
3. The contract shall have a minimum term of one month. The contract is automatically renewed by the term booked according to the contract. The termination must be in writing and must be submitted at least 30 days before the end of the contract period.
(4) After the expiry of the paid version, the evaluation function within the customer account is deactivated. All stored projects and URLs can be deleted by URL-Monitor after the paid version expires. The free test account will remain in place for an indefinite period of time, unless the account is actively deleted by the customer or URL monitor. After the end of the trial phase, however, only the read-rights projects shared/shared with this account can be accessed.
(5) URL-Monitor reserves the right to permanently delete the customer’s account one week after the expiry of the paid version and thus to remove all previously stored customer data.
(6) The right to terminate for good cause remains unaffected. An important reason exists in particular, but not conclusively, if the customer violates the obligations of Section 4 para. 1 to 3.
Section 2 Benefits and Compensation
(1) The contract is concluded in accordance with the terms and conditions set out herein, at the respective price conditions http://www.url-monitor.com/ on the website or on request by email, and on the scope of services presented on the website and in these GTC. With the URL monitor, a browser-based software is provided to the customer, with which the customer can observe and check changes to the URLs he has stored.
(2) URL Monitor reserves the right to extend, modify or improve the Service at any time. The customer is informed of such changes at regular intervals. Restrictions on the scope of services are only possible if this is unavoidable for legal reasons or if the customer hereby agrees to this upon request from URL-Monitor. The customer’s consent shall be deemed to have been given, provided that the customer does not object to a corresponding communication from URL-Monitor within a period of six weeks from receipt of the communication in text form.
(3) Unless an express price is agreed, the remuneration for access and use of the service website is based on the price list of URL-Monitor (current version can be retrieved by email via email@example.com) at the time of the customer’s application. With the acceptance by URL-Monitor, the customer receives a confirmation of the compensation price in text form. If the customer does not object to this confirmation immediately after noting, this price shall be deemed to have been agreed in case of doubt.
(4) URL Monitor reserves the right to change the price of the various version packages. Customers who already use paid access are excluded from a price change during the paid term. The price change will only take effect for this customer after termination and re-activation of access by the customer.
(5) Technical changes and minor deviations of the services offered by URL-Monitor are reserved to the extent that they are to be expected of the contractual partner at its reasonable discretion. If the services are technically improved after the conclusion of the contract, a right to use the previous, non-improved version is excluded. If the contractual partner cannot be expected to use the technically improved version due to the special circumstances of the individual case, he may withdraw from the contract to the exclusion of further rights. The withdrawal must be declared in text form without delay.
(6) Only the respective customer is entitled to the service. The transfer of the software to third parties or the other granting of possible uses by the customer to third parties is prohibited and entitles URL-Monitor to extraordinary termination.
(7) All prices for the contractual use of the URL monitor are without VAT.
(8) As a payment method, we accept wire transfer or the online payment method PayPal (http://www.paypal.de). Payment is made after invoicing. If the customer does not accept this payment method, a payment method agreed with the customer is also possible in individual cases.
Section 3 Rights and Obligations to Use
(2) In the event of intentional misuse of the URL monitor with the intention of harming the system, URL-Monitor reserves the right to disable the user’s access and, if necessary, to take legal action.
(3) Passwords must be kept secret by the user and may not be passed on to third parties. The customer is also responsible for costs incurred by other persons through his access ID. The customer undertakes to keep the personal passwords and his access ID protected from access by third parties and to protect them from misuse and loss. It infrees URL-Monitor from costs and claims of third parties arising from the violation of the above obligations.
Section 4 Data Protection
(1) URL-Monitor assures that personal data of customers will only be collected, stored and processed if this is necessary for the contractual provision of services and is permitted by statutory provisions, in particular those of the Federal Data Protection Act, or by the legislator.
(2) URL-Monitor is prohibited from making or passing on data to third parties without the written consent of the customer. The sole power of disposal of all data thus remains with the customer, who thus also determines solely by the collection, processing or use of customer-specific files.
Section 5 Availability, Downtime
(1) URL-Monitor ensures the availability of its Internet web servers of 93% on an annual average and reserves the right to temporarily restrict contractual services with regard to capacity limits, maintenance and safety-related measures. URL-Monitor is not liable for the functionality of the telephone or Internet lines to the contractual server, in the event of power outages and in the event of malfunctions within the Internet, as well as for failures of servers that are not within its sphere of influence. If the contractual services cannot be accessed for longer than 48 hours in a row or 72 hours/month, URL Monitor will grant the customer a 25 percent discount on request for the month in which access was prevented.
(2) URL monitor is designed to retrieve the customer’s stored URLs once a day. A precise time of review is not specified and may vary on a daily basis. If, due to server problems or unforeseeable technical faults, data cannot be collected in one day, URL-Monitor will immediately ensure that the data is available the following day. However, the evaluation of the failed day is not available. If no data on the URLs stored by the customer is available in the URL monitor for more than five days in the calendar month, URL Monitor will grant the customer a 25% discount for the affected calendar month upon request.
(3) Any further claims are excluded, unless URL-Monitor has acted intentionally or through gross negligence.
(4) Section 536 of the German Civil Code (BGB) remains unaffected.
Section 6 Liability
(1) URL-Monitor shall only be liable in the event of intent and gross negligence for all damages caused by it in connection with the provision of the contractual service. Furthermore, URL-Monitor is liable in accordance with the statutory provisions if it has culpably violated an essential contractual obligation, as well as in cases of injury to life, body or health. In the abstract, essential contractual obligations are those obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely.
(2) Insofar as negligently negligent lyligation of essential contractual obligations, URL-Monitor shall only be liable in the amount of the typically occurring damage. This also applies if legal representatives or vicarious agents of URL-Monitor slightly negligently violate obligations.
(3) URL-Monitor shall only be liable for damages resulting from a delay in performance if URL-Monitor has acted intentionally or through gross negligence. In the rest, the rights of the customer remain unaffected in the event of a delay.
(4) Compensation for the breach of an essential contractual obligation is limited to foreseeable, typically occurring damage, but not more than 100 percent of the compensation agreed at the time of conclusion of the contract per claim, unless there is intent or gross negligence. In this respect, these claims for damages shall become time-barred after 12 months.
(5) URL-Monitor’s liability for damages for defects present at the time of conclusion of the contract is excluded.
(6) URL-Monitor is not liable for failures or damages for which third parties are responsible.
(7) URL-Monitor is not liable for any restrictions on the content or time of the use of the tool, provided that they are based on technical difficulties.
(8) Liability in accordance with the provisions of the Product Liability Act remains unaffected.
(9) Unless there is any intent, gross negligence or warranty from URL-Monitor, URL-Monitor shall not be liable for indirect damages of the customer, such as loss of profit.
Section 7 Severability clause, deviations and changes
(1) Ancillary agreements have not been made. Changes and additions to these terms and conditions are only valid if they have been confirmed in writing by a managing director of URL-Monitor GmbH with the right to represent them. All individual agreements must be made in writing without delay. Orders of the customer or special conditions requested by the customer are only accepted after written confirmation by URL-Monitor GmbH. The written form requirement is also observed when using e-mail.
(2) Should one or more provisions be ineffective, this shall not affect the validity of the remaining agreements. The invalid provision shall be replaced by a provision which, in a legally permissible manner, corresponds to the economic meaning and purpose of the invalid provision.
Section 8 Final Provisions
(1) German law applies exclusively to contractual relations. The place of jurisdiction is Koblenz.
(2) URL-Monitor is entitled to change or supplement the Terms and Conditions, provided that the customer agrees to do so. The customer will be informed of planned changes to the GTC in text form at least one month before the planned date of change. The customer’s consent shall be deemed to have been given if he does not object within one month of receipt of the notification of the change or addition.