Terms and Conditions of Ruprecht Marketing
version 2.0.0 dated 2022-01-24
A. General Conditions
- The present terms and conditions (hereafter “terms) are applied to all relations between us, Ruprecht Marketing by Marc Oliver David Ruprecht, Planta Urbana, 5350 Col. Independencia, Guaíra, Paraguay (hereafter Ruprecht Marketing) and our customers.
- The present terms are based on the International Trade Law.
- Stipulations divergent of the terms are generally possible, as long as they do not contradict the code and / or any law at the site of the customer; however, they need to be agreed on in written form (e-mail exchange is sufficient)
- If no other regulation has been agreed on, all customers residing in Paraguay will pay their bills in Guaraní, anyone else will be billed in US dollars (hereafter $)
- Ruprecht Marketing reserves their right to alter the present terms without notice in advance, but will archive all versions, and number and date them to identify them at any time. For any customer relation, the version in power at the moment the order was placed is to be applied to the contract.
- 5Ypsilon Service LLC in Itingen BL, Switzerland only serves as a mailing address for our European customers and is not liable in any way in place of Ruprecht Marketing
- This translation serves but the purpose of information of our English speaking customers; only the German original is legally binding.
- If any regulation of the terms should be entirely or partially invalid or null and void, the other regulations still remain in vigor (severability clause). Said regulation shall be replaced by the legal regulation that corresponds best to the purpose of the regulation.
- The place of jurisdiction for any arguments is Villarrica, Guaíra, Paraguay; however, Ruprecht Marketing reserves its right to pursue her client at the place of jurisdiction at the customer’s legal residence.
B. Legal Foundation
- Any work that Ruprecht Marketing performs a customer is to be considered a “simple assignment”.
- Whenever Ruprecht Marketing issues an offer, the corresponding assignment is to be considered as in vigor as soon as the customer placed an order in written form.
- An assignment is to be considered as accomplished as soon as Ruprecht Marketing finished all tasks and the customer paid all corresponding invoices.
a. General Conditions
- “Design” refers to all kinds of services related to web design or graphic design
- Ruprecht Marketing is obliged to fulfill all tasks according to the design assignment professionally and in all conscience.
- The assignment is to be paid according to Ruprecht Marketing’s pricing policy, which are an integral part of the present terms.
b. Creating a design
- Ruprecht Marketing creates a design according to the assignment, ensuring that during the development process, only Ruprecht Marketing and the client can see the work in progress (web design: maintenance mode needs to be active)
- The assignment according especially to C. b. 1 is accomplished as soon as the customer validated the content and Ruprecht Marketing turned off the maintenance mode and / or sent the electronic originals.
c. Billing for the Design
- After the accomplishment of the assignment as describe in C. b. 2, Ruprecht Marketing bills the customer. The customer pays the corresponding amount within 10 banking days.
- Ruprecht Marketing reserves their right to reestablish the maintenance mode or to delete the entire website in case the invoice according C. c. 1 is not paid within the due period and/or to take further measures to ensure the payment (e. g. cashing or execution).
- Furthermore, Ruprecht Marketing reserves their right to bill any external services in advance, e. g. the introduction of images or videos from iStock by a separate invoice.
d. Hosting Conditions
- Unless there is any contradicting stipulation, Ruprecht Marketing ensures the hosting of the website. The hosting period is exactly 365 days (366 days in leap years).
- The hosting contract will automatically be renewed unless canceled by any party in written form at least 60 days ahead of the renewal.
- If the hosting was not canceled according C. d. 2,, Ruprecht Marketing bills the hosting service at least 30 days in advance, and the customer pays the service within banking days; otherwise, the hosting contract will be canceled, but the invoice will still be due.
D. Marketing Consulting and other Services
a. General Conditions and Nonliability
- Ruprecht Marketing performs their consulting services according to the assignment in all conscience.
- Ruprecht Marketing can not be held responsible for any consequences if their recommendations are not implemented correctly, entirely or timely by the customer.
- If the client does implement Ruprecht Marketing’s recommendations correctly, entirely, and timely, Ruprecht Marketing can still not be held responsible for any loss or damage, unless there is an adequate chain of causation between the recommendations and said loss or damage, and Ruprecht Marketing verifiably acted with malicious intent or in a grossly negligent way.
b. Pricing and Payment Conditions
- Ruprecht Marketing offers their services for marketing consulting and others for an hourly rate of $ 20 or accordingly 140’000 Guarani ($ 15 or $ 100’000 if paid in cash).
- Ruprecht Marketing reserves their right to demand an advanced payment up to 50% of the amount according to the order confirmation. For services bought in by third parties, an advance payment of 100% may be required.
- If the customer still has a balance in his favor after the assignment is accomplished, he has the right to demand the disbursement of said balance within 3 banking days; otherwise, Ruprecht Marketing is obliged to reserve this amount to settle any further assignments for said customers until the balance is settled.