General Terms and Conditions
(As at: May 21, 2013)
1. General information
1.1 These General Terms and Conditions apply for the rendering of Internet services of the website www.secure.me, a service of AVAST Software a.s., Trianon Office Building, BUDEJOVICKA 1518/13A, 140 00, PRAGUE 4, Czech Republic (hereinafter called: secure.me).
1.2 A contractual relationship shall be established upon registering and confirmation by email through secure.me or by logging in via so-called ID Providers (e.g. Facebook, Google, Yahoo or other Open ID Providers).
2. Performances of secure.me
2.1 secure.me renders services for registered customers based on the services respectively represented currently on the website of secure.me. The performances of secure.me are in particular the determination of customer-related entries in social networks, evaluation of the customer’s reputation on the Internet, and consultancy services to protect their privacy on the Internet.
2.2 secure.me is entitled to amend or terminate the offer of services at any time at its own discretion. The rendering of individual performances that it has already been commissioned with shall remain unaffected by this.
2.3 secure.me reserves the right to block or delete content at any time and without announcing this to the customer whilst using this service.
2.4 secure.me expressly forbids third parties from using the services and the website whilst employing scripts, robots, crawlers and similar software for the automatic reading of information – even if these third parties are not registered at secure.me.
3. Duties of the user
3.1 Use for commercial purposes or a resale of the services and their results is not allowed.
3.2 The customer undertakes to only use the services in correspondence with these General Terms and Conditions and in correspondence with the legal provisions that respectively apply.
The customer is obliged in particular
- to provide all the information truthfully and register with their civil name.
- to not use the services for the sending, distribution, support or approval of insulting or defamatory content.
- to not use the services for the sending, distribution, support or approval of pornographic, immoral content or content that is harmful to minors.
- to not employ the services for the use, distribution, support or approval of violations of intellectual property rights or commercial and industrial property rights of third parties, such as trademarks, patents, industrial designs and patterns, copyrights, ancillary copyrights or other rights of third parties such as personality rights, Naming rights or the right to their own image.
- to not use the services and the website of secure.me whilst employing scripts, robots, crawlers and similar software for the automatic reading of information.
3.3 The customer is responsible for all the content which they distribute using the services.
4. Liability warranty exemption
4.1 secure.me shall not be liable for any damages which customers suffer due to the conduct of other customers who use the service or due to the conduct of third parties who are not vicarious agents or assistants of secure.me.
4.2 secure.me shall not be liable for content inserted or distributed by the customer or for the correctness, completeness or relevance of search results.
4.3 In terms of its services secure.me shall not guarantee that these are available at all times without any interruptions or disruptions or that a certain result desired by the customer will actually be achieved through these services. Compensation claims due to a lack of availability of the services are excluded.
4.4 In the event of slight or ordinary negligence secure.me shall only be liable in the event of a violation of an essential contractual duty and shall be limited in terms of the amount to damages that are typically foreseeable in this type of contract. The liability in the event of physical injury and hazards to life and health shall remain unaffected by this.
4.5 The customer shall indemnify secure.me against all claims of third parties which are enforced against secure.me due to an actual or claimed violation of their rights due to the conduct of the user. In this case, the indemnification shall also comprise appropriate costs of the legal defense of secure.me.
5. Term termination
5.1 Contracts concerning services that are to be rendered repeatedly shall be automatically extended by additional contractual periods if they are not terminated by one of the parties with a notice period of 4 weeks to the end of the respective contractual period (in the case of a contractual term of 3 or 12 months), or 7 days (in the case of a contractual term of 1 month). Unique services shall end once the service has been rendered.
5.2 Services against payment can be terminated by both parties in writing or in text form effective as of the expiry date of the period until which the customer has already made a prepayment. The rights of secure.me according to item 4.2 shall remain unaffected. Access to the services of secure.me shall be blocked once the termination becomes effective.
5.3 Services that are rendered free of charge have a term of 4 weeks and can be terminated with a notice period of 7 days to the end of the term.
5.4 The contract can be terminated online via the contract adminstration. Alternatively the contract can be terminated by contacting the support team via email or by writing to: AVAST Software a.s., Trianon Office Building, BUDEJOVICKA 1518/13A, 140 00, PRAGUE 4, Czech Republic. Please write “secure.me” in the address. Here the customer must state their user name, the customer number and the email they stated upon registering.
6. Alteration of contract
6.1 secure.me is entitled to amend these General Terms and Conditions at any time effective for the future at its own discretion.
6.2 The customer can object to alterations of contract within a notice period of 4 weeks after adequate notification by secure.me. The objection can be made in text form (e.g. by email). If the customer objects to the alteration on time, the contractual relations shall be continued unaltered; however, secure.me is entitled to terminate the contractual relationship without observing a deadline. In this case services for which payment is due shall continue to be rendered for the period that was already paid in advance. If the customer does not object to this on time, the alterations shall become effective retroactively to the point of time that the notification of the alteration was received.
7.1 secure.me observes the relevant legal data protection regulations (German Data Protection Acts). In particular, secure.me shall only collect, use and process the customer’s personal data during the contractual relationship and without further express consent, for the purpose of processing the contract.
7.2 secure.me is entitled to send information to the customer at the email address indicated by them. The customer’s personal data shall thus not be passed on to third parties. secure.me reserves the right to pass on to third parties non-personal information that is aggregated with data from other customers, and from which a customer cannot be identified.
7.3 If you require any further information on the topic of data protection, please consult the data protection declaration of secure.me.
8. Special provisions for services for which payment is due
8.1 The customer shall pay the respective remuneration stated respectively by secure.me to secure.me for services for which payment is due in advance for the period of use described by secure.me. secure.me can alter the remuneration at any time effective for the future.
8.2 The remuneration shall be based on the price stated respectively at the point in time the order was placed by the customer for the service ordered on the website of secure.me.
8.3 The remuneration shall be due for payment immediately upon the conclusion of the contract without any deduction. In the case of services that are to be rendered repeatedly, it shall be paid in advance by the customer for the respective contractual period.
8.4 If the customer does not pay within the due date they shall be in default without further notice. secure.me is entitled to demand annual default interest on the invoice amount of 5% above the respective base rate of interest that applies according to § 247 of the German Civil Code from the point in time at which the customer defaulted. If a customer does not meet their obligations to pay on time or the customer does not perform payments or they are redebited, secure.me is therefore – subject to any further claims – entitled to cease providing the services until the demands are satisfied.
8.5 If secure.me ceases to provide a service for which payment is due prior to the expiry of period of use described by secure.me, secure.me shall reimburse the customer for the remuneration paid in advance for this on a pro rata temporis basis.
8.6 All the prices stated by secure.me are inclusive of the respective applicable rate of VAT.
9. Right of cancellation
Right of cancellation for consumers
The customer can cancel the contract declaration without stating the reasons in text form (letter or email) within a period of 14 days. The term shall commence following the receipt of this instruction in text form, but not prior to the conclusion of the contract. The punctual posting of the cancellation suffices to preserve the cancellation period. The cancellation shall be sent by email to firstname.lastname@example.org or by post to: AVAST Software a.s., Trianon Office Building, BUDEJOVICKA 1518/13A, 140 00, PRAGUE 4, Czech Republic. Please write “secure.me” in the address.
Consequences of cancellation
In the event of an effective cancellation, the performances received by both parties shall be returned and benefits that have potentially been derived from them (e.g. interest) shall be surrendered. If the user is unable to release the rendered performance either in full or in part or only in a deteriorated condition they are possibly liable to pay compensation to secure.me in this respect. This may still lead to the customer having to fulfil the contractual terms of payment for the period until the cancellation. Obligations for the reimbursement of payments shall be fulfilled within 30 days. For the customer, the time limit shall commence upon the posting of the statement of cancellation, and for secure.me upon receipt of it.
The right of cancellation expires prematurely if the contract is completely fulfilled by both parties at the express wish of the customer before they have made use of their right of cancellation.
End of the information about rights of cancellation
10. General information
10.1 If individual provisions of these General Terms and Conditions should be or become ineffective the validity of the remaining provisions shall not be affected by this. The contractual partners shall undertake to replace the provision that is ineffective by another effective provision which comes closest in its regulatory content to fulfilling the intended economic sense and purpose of the ineffective provision. This applies accordingly to contractual loopholes.
10.2 German law shall apply at the exclusion of Private International Law and the UN Sale of Goods Law.