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General terms and conditions


www.fairanalytics.de is operated or provided by

Kolb & Neuhauser GbR

Untere Laube 45

78462 Konstanz, Germany

Phone 0151 17 65 65 39 (for support questions please use our contact form, so that we can answer all inquiries clearly > contact form)

impressum@fairanalytics.de

The following terms of use and business conditions are the legal basis for the use of the pages and services offered by Kolb & Neuhauser GbR (www.fairanalytics.de).


General Terms of Use of Fair Analytics

The General Terms of Use of Fair Analytics apply to all portals and services of Fair Analytics.

§ 1 Copyright and trademark rights

Please note that the written works, photographs and illustrations, videos and other content published on the pages of Fair Analytics are protected by copyright and may only be reproduced or otherwise used by you if you are permitted to do so in individual cases by the copyright holder or the statutory limits of copyright. This content is not subject to a Creative Commons license unless one is explicitly stated. Linking or quoting is permitted without permission, provided that this is done within the limits of the right of quotation according to § 51 UrhG.

§ 2 Liability of Fair Analytics

1.

Fair Analytics assumes no legal liability for the accuracy, completeness or timeliness of editorial content.

2.

Fair Analytics will endeavor to keep its services accessible at all times, but it assumes no liability for this. There is no claim to permanent availability. Fair Analytics reserves the right to terminate or restrict its offer or parts of the offer at any time. Supplementary provisions apply in each case for offers subject to a charge.

3.

Liability for loss of data by the user or damage to the user’s hardware or software is assumed by Fair Analytics only in the event of intent or gross negligence or breach of cardinal obligations. Liability is limited to the damage that is reasonably foreseeable in the event of private use by the user in accordance with the contract.

4.

A prerequisite for the proper use of the services offered by Fair Analytics is that you have access to electronic media that meets the current technical standard. Before concluding the contract, please find out whether the hardware and software you are using allows you to use the services provided here. For each subscription, you will find the technical details of the services offered in the respective offer description.

§ 3 Other provisions

1.

In addition to these General Terms of Use, our Privacy Policy and the laws of the Federal Republic of Germany apply, excluding the CISG. Place of performance is Constance. Contractual language is exclusively German.

2.

Any deviating terms and conditions of the user will not be accepted. Should individual provisions of these Terms of Use be invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by provisions that most closely approximate the intended meaning of the invalid provision. The same applies to the occurrence of any gaps that need to be filled in.

3.

If the user is a merchant or has his permanent residence abroad, Konstanz is agreed as the exclusive place of jurisdiction.

4.

Fair Analytics reserves the right to change its terms of use in the future. For chargeable services, the respective special provisions apply.

5.

The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform) at http://ec.europa.eu/consumers/odr/. In accordance with § 36 VSBG, we would like to point out that we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and that we do not participate in a dispute resolution procedure before a consumer arbitration board.

Terms of use for digital subscriptions

§ 1 Description of the services

We offer a free account for websites with up to 1000 recorded pageviews per month. This account is limited in terms of features, but already offers the essential tracking parameters.

If you want to track more pageviews or need more features you can buy a paid subscription. With a paid subscription to Fair Analytics, you get access to our analysis tool Fair Analytics for the duration of the digital subscription. This analytics tool allows you to analyze a limited number of websites, depending on your subscription. Provided that you have access to the backend of the pages as an administrator. The maximum number of recorded pageviews, heatmaps and replays depend on the respective subscription. 

This service requires registration and is subject to a fee. When you order a digital subscription, we store the text of the contract and send you the order confirmation by e-mail. For security reasons, your order data is no longer accessible via the Internet. The subscription is concluded either with monthly or annual billing. The subscription is automatically renewed after each billing period (monthly or yearly) unless you cancel it (see § 6 Contract cancellation). This ensures that your web analytics are not accidentally stopped.

After termination of the digital subscription, access to the analysis data is no longer possible. If you do not delete your account, we will store your analytics data on our servers for another 3 months. At the end of the 3 months, we will remove all your data from our servers. The exception is data related to your order, which we have to keep for tax reasons.

§ 2 Conclusion of contract

In order to use all or individual digital subscriptions, you must register as a user and enter your desired order data. After you have confirmed your account by e-mail, we will immediately send you an order confirmation with your access and contract data as well as details about your right of withdrawal by e-mail. The contract is concluded upon receipt of this e-mail by you.

§ 3 Newsletter

As part of your subscription, you will receive periodic emails about new updates and offers from Fair Analytics. Shipping is exclusively from Fair Analytics. Your data will not be disclosed to third parties. If you would like to unsubscribe early, please click on the corresponding link at the end of the newsletter or send an e-mail to impressum@fairanalytics.de.

§ 4 Right of withdrawal

If you conclude the contract as a consumer, you are entitled to the following statutory right of withdrawal:

1. cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Fair Analytics, Kolb & Neuhauser GbR, Untere Laube 45, 78462 Konstanz, Tel. 0151 17 65 65 39, E-Mail: impressum@fairanalytics.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must return to you all payments we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

2. sample cancellation form

If you want to cancel the contract, please fill out this form and send it back.

To Fair Analytics, Kolb & Neuhauser GbR, represented by the shareholders Michael Neuhauser and Martin Kolb, Untere Laube 45, 78462 Konstanz, Tel. 0151 17 65 65 39, e-mail: impressum@fairanalytics.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*) / received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only in case of notification on paper)

Date

————

(*) Delete as applicable.

3. return shipping costs

In the case of the right of withdrawal for digital subscriptions, there are no return shipping costs.

§ 5 Payment

The fee is to be paid by the user according to the agreed order data via PayPal, credit card (Stripe) or direct debit (Stripe).

§ 6 Termination of contract

1. Both contracting parties have the right to terminate the user contract without notice and without giving reasons at the end of the current billing period. You can continue to use your subscription indefinitely until the end of the current billing period. After that, you will no longer have access to your analysis data. If you book a subscription with us again, we will activate the access again.

In particular, the Provider reserves the right to terminate the contract in the event of violations by the User of applicable law or these GTC and to block the User’s access to Fair Analytics.

3. In case of serious violations of the legal regulations, the provider reserves the right to forward the user’s data to the investigating authorities.

4. If you do not renew your subscription within 3 months after the end of the contract, we will automatically delete your account.

§ 7 Other provisions

The General Terms of Use of Fair Analytics set out above shall apply in addition.