1. General provisions
(1) ECM SL offers customers (consumers and entrepreneurs) services in the area of ​​website optimization. The offer is only intended for natural persons if they have reached the age of 18.
(2) The following provisions apply to contracts between ECM SL and the customer, unless otherwise agreed. The version valid at the time of the conclusion of the contract is decisive. Conflicting terms and conditions of purchase of commercial customers require the recognition of Lexitrax in order to be valid.
(3) A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity. Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
2. Conclusion of contract in the online shop, registration of customer account
(1) The products and services listed within the online shop are generally not binding offers to conclude a contract; it is rather a request to the customer to submit a binding offer to ECM SL to conclude a contract.
(2) With the order in the online shop the customer declares his contract offer binding. If Lexitrax confirms to the customer that this order has been received, the order is not accepted; however, the confirmation of receipt can be combined with the declaration of acceptance.ECM SL is entitled to accept the customer’s contract offer within three working days of receipt. Acceptance will be made by express notification (welcome email) from ECM SL. Otherwise the customer is no longer bound to his order.
(3) When registering, the customer must set up a customer account with ECM SL. The customer is obliged to provide truthful and clear information. As far as the given data changes, the customer is obliged to inform ECM SL of this change immediately. Each customer can only register once. Username and password at ECM SL must be treated confidentially and must not be made accessible to third parties. In the event of an infringement by a third party, the customer is liable insofar as he is responsible for the infringement. If the customer becomes aware of the unauthorized use of their access data, ECM SL must be informed immediately.
3. Prices, terms of payment
(1) The prices listed in the offers are end prices without exception – i.e. They include all price components, including any applicable taxes.
(2) Invoices can be sent in electronic form. Unless otherwise agreed, the customer must pay all amounts no later than 10 days after receipt of the invoice; the decisive factor is the receipt of the amount by ECM SL.
(2) If the customer is an entrepreneur, in the event of non-payment from the 14th day after the due date and receipt of the invoice, interest on arrears in the amount of 8 percentage points above the base interest rate.
4. Rights and obligations of the customer
(1) The customer is obliged to provide Lexitrax username and password of the Instagram account to be processed. The login data will be treated confidentially by ECM SL and will not be passed on to third parties. All actions for the Instagram account take place exclusively within the scope of the agreed services or with the express consent of the customer.
(2) If and to the extent that ECM SL provides the customer with the opportunity to use the digital content provided by ECM SL, the rights are granted in the scope of the contract (number of licenses acquired, duration of right of use). The duration of the right of use is determined by the respective offer.
(3) The customer is generally responsible for ensuring that his Instagram account is managed in accordance with Instagram’s terms of use and guidelines.
(4) Unless otherwise agreed, the customer is not entitled to request specific contractual services from ECM SL alone is responsible for determining the type of service provided within the Instagram account.
5. Term, termination
(1) The contract term is one month from the conclusion of the contract.
(2) The contract is automatically extended for another month after the contract term, unless one party terminates the contract beforehand. Termination is possible at any time in text form and for the customer in addition via the termination form in the login area. In the case of termination in text form, the receipt of the notice of termination by ECM SL is decisive for the timeliness of the termination. The right to extraordinary termination for an important reason remains unaffected.
(3). You can cancel your subscription at any time, and you will still have access to the service until the end of your monthly billing cycle.
(4) To the extent permitted by law, payments are non-refundable and we do not grant refunds or credits for partial subscriptions.
(5) After termination of the subscription and expiry of the contract month, the customer account is automatically closed; the ECM SL support team can, on request, advise when the account will be closed.
(6) Instead of termination, the customer also has the option of booking an upgrade or downgrade by selecting another service package. By booking a changed package, this change takes effect immediately, the contract period begins with the change from the beginning. If and to the extent that the billing period of the previous package has not yet been exhausted, the remaining value of the package is then credited with the customer’s payment method.
(7) As is customary in the trade, a cancellation of the payment agreement via a payment service provider is not considered a termination. For reasons of customer friendliness, we consider
cancellations of the payment agreement as immediate termination. If there is no information, we stop working from this point on.
6. Terms of use for digital subscriptions
(1) You have the right to use digital content in accordance with the contract (number of licenses acquired, duration of the right of use). The duration of the right of use is determined by the respective offer.
(2). You have the right to use the content of the selected articles / issues for private or business purposes. Rights of exploitation (e.g. dissemination or reproduction) for commercial purposes are not granted. The production of a reproduction piece for private purposes is limited to the customer’s own use. Public access for private or commercial purposes is therefore prohibited.
(3) Further rights, in particular the right to commercial use of the journalistic content (e.g. republication) as well as transferable usage rights, multi-user licenses or licenses for libraries and schools must be individually agreed with ECM SL.
(4) In the case of a contract for a multiple license, the customer is entitled, depending on the agreed license agreement, to use the digital content by a number of people, number of computers corresponding to the license or at a location corresponding to the license.
(5) The usage rights only apply if protective notices (copyright, watermarks etc.) as well as reproductions of names and brands remain unchanged.
7. Availability
(1) The availability of the ordered service and the time of the respective service provision can be found in the individual descriptions of the services offered in the online shop.
(2) When the service ordered by the customer is provided, the advertising measures ordered are recorded directly in the contribution specified by the customer when placing the order. The contribution specified by the customer must be publicly visible.
(3) Place of performance for other obligations from the contractual relationship is Spain , unless otherwise specified.
8. Reference to the consequences of using the service and liability
(1) The use of the services offered by ECM SL for the profile of the customer to be specified when placing an order in a social network is at his own responsibility. In particular, ECM SL does not guarantee that the services provided
Services are in line with the terms and conditions of the network operator or the competition law obligations of the customers.
(2) ECM SL is in no way connected to Instagram, Facebook or other Instagram third parties.
(3) It is your sole responsibility to comply with Instagram rules and all laws to which you are subject. You use ECM SL at your own risk.
Your actions can lead to interruptions, interruptions and / or cancellations of your Instagram account. We therefore advise you to be careful and to take this into account as we are not responsible for your actions.
(4) We need your Instagram username and password when you sign up for ECM SL. We do not pass on your password to third parties and do not pass it on to third parties. We will not post or comment on the name of your account unless you are specifically asked to do so.
The expected number of followers, likes and comments is not guaranteed in any way.
(5) We cannot guarantee the uninterrupted or error-free functionality of the services.
(6) It is the sole responsibility of the customer to provide ECM SL with updated passwords while using the service. Any service failure related to a customer who does not provide their current password will not result in payment reimbursement for that period.
(7) You agree that when you purchase our service you understand clearly what you are buying and you do not submit fraudulent disputes about the payment processor.
(8) We reserve the right to change, suspend or withdraw all or part of our service or any of its content at any time without notice and without any liability.
It is your sole responsibility to check whether the conditions have changed.
(9) ECM SL guarantees the performance of its services in accordance with the recognized principles of the advertising industry. The achievement of a certain economic success is not guaranteed. There is freedom of design in the context of the placed order, whereby instructions from the client are taken into account.
(10) ECM SL is not liable for the factual statements contained in the advertising about the client’s products and services. Liability for the novelty and the ability to protect or register the services provided as part of the order is also excluded.
(11) The client is solely responsible for the legal admissibility of the advertising measure. This applies in particular with regard to violations of provisions of competition law, copyright, trademark law and special advertising laws. However, ECM SL will inform the client of legal concerns if they become aware of them when preparing the order.
9. Liability
(1) ECM SL is liable for damage resulting from injury to life, limb or health, which is based on an intentional or negligent breach of duty by ECM SL, its legal representatives or its vicarious agents. In addition, ECM SL is liable for any guarantees given and for damages that are covered by liability in accordance with mandatory statutory provisions, such as the Product Liability Act (ProdHaftG). Apart from that, ECM SL is liable for other damages which are based on an intentional or grossly negligent breach of duty as well as fraudulent behavior on the part of her, her legal representatives or vicarious agents.
(2) ECM SL shall be liable for damage caused by simple negligence and not falling under subsection 1 sentences 1 and 2, insofar as the negligence concerns the breach of such contractual obligations, compliance with which enables the execution of the contract and upon whose fulfillment the buyer therefore may trust (cardinal duties); However, liability towards entrepreneurs is limited to the predictable, contract-typical, direct average damage, so that in particular indirect damage (e.g. lost profit) and consequential damage are excluded. The amount of damage to entrepreneurs is limited to three times the value of the delivery.
(3) Any further liability is excluded regardless of the legal nature of the asserted claim.
10. Final provisions
(1) Spanish law applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not
protective provisions of the law of the state in which the consumer is habitually resident are withdrawn by compulsory consumers.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Lexitrax’s registered office. The same applies if the customer has no general place of jurisdiction in Spain or if his place of residence or habitual residence is not known at the time the lawsuit is brought. The authority to also call the court at another legal place of jurisdiction remains unaffected.
As of December 2022