VERSION DATE: 30 JUNE 2015
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Additionally be assured that we will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer & Exclusions and Limitations
Our disclaimer applies.
We offer products and services that each have a clearly stated payment price that applies.
Paypal and the available Credit/Debit Cards (or any other payment option we offer) are acceptable methods of payment.
Our Terms are either payment in full or in an instalment plan when made available. Payment is due as soon as the client has purchased and gets access to the purchased product or service. All goods remain the property of the Company until paid for in full.
Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of Germany’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of (email or other) invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
In an instance of a second failed payment, we reserve the right to terminate the arrangement. Consequently, all bookings and/or transactions and agreements entered into may cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy & Trials
On some products/services we offer a clearly stated time-limited trial period, followed by a payment in full or as a subscription.
If that’s the case and the client does not want to continue and cancel after the trial period, it’s the clients responsibility to cancel the trial before the trial period is over. This has to be done by the client preferably in his third-party payment solution (i.e. Paypal or Credit/Debit Card) or alternatively by written notice (i.e. via contact form or email to support at myrkothum.com) before the trial period has ended.
If the client does not cancel before the trial period is over, the agreed on fees of the product/service purchase apply automatically.
Refunds Policy & Termination of Agreements
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway.
For products/services without a trial period and unless otherwise clearly stated, we usually offer a specific money-back guarantee. The details are clearly communicated in the specific promotion for the product or service.
Trials can only be canceled within their stated trial period. There will be no refund of any trial fee (i.e. $1 trial). After the trial period is over there are no additional refunds offered.
No other refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
Communication / Impressum
Contact: Use Contact Form or Email support at myrkothum dot com
Worldwide (certain territories may be excluded from time to time).
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Germany govern these terms and conditions. By accessing this website, using our services or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the German courts in all disputes arising out of such access.
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
© Myrko Thum. All Rights Reserved.