The services are provided by:

• olumax
• Proprietor or company: Olumax
• Email: contact@olumax.com
• VAT identification number: [if held]

hereinafter called "olumax".

These general terms and conditions apply to all reservation requests, offers and contracts between olumax and its customers concerning the reservation and allocation of city and keyword combinations and the creation and provision of the Basic websites belonging to them.

The olumax offering is aimed solely at entrepreneurs within the meaning of section 14 BGB, legal persons under public law and special funds under public law. Contracts with consumers are not provided for.

Terms of business of the customer that differ from these apply only where olumax has expressly agreed to them in text form.

Individual agreements in the offer or in the order confirmation take precedence over these terms.

olumax offers businesses the opportunity to request a combination of an available city and a keyword.

For each confirmed city and keyword combination olumax provides the customer with its own Basic website, in line with the agreed scope of supply.

The Basic website may in particular contain the following:

• company name and company logo
• the booked keyword
• the assigned city or the agreed area of operation
• a short introduction to the business
• a presentation of the services offered
• business contact details
• a way to make contact
• a link to the customer's existing company website, where one exists

The exact scope of supply follows from the offer or the order confirmation. Services not expressly named there are not owed.

Unless agreed otherwise, the customer receives a separate Basic website for each confirmed keyword.

olumax may use suitable technical service providers and subcontractors to deliver the service.

Availability always refers to the specific combination of city and keyword.

A keyword being unavailable in one city does not rule out its availability in another.

The availability shown on the website is a non binding snapshot. The combination is checked again before a reservation and before an order confirmation.

Technical delays, simultaneous requests or mistaken entries can mean that a combination first shown as available is in fact no longer available. The availability display alone creates no claim to a reservation or an allocation.

olumax is entitled to exclude city and keyword combinations from allocation on legal, technical, quality or commercial grounds.

Entering or checking a keyword, and adding it to a shortlist, does not yet amount to a reservation.

A reservation request is only submitted once the customer has:

• selected the city and keyword combinations wanted
• given the required business and contact details
• accepted these terms
• confirmed that the request is meant seriously, and
• pressed the "Send reservation request bindingly" button

The wording "send bindingly" means the customer is submitting a serious business request. The reservation request alone does not yet create a contract for payment.

After receipt and a successful check, olumax may hold an available city and keyword combination for the customer for a time. This does not yet give the customer any claim to a final allocation.

During the reservation the combination is shown publicly with the status "Reserved" and cannot as a rule be reserved by another interested party.

A reservation lasts until:

• the order confirmation
• the request being refused or withdrawn
• the notified reservation period expiring, or
• a deadline set by olumax for cooperation or confirmation passing without result

If no order confirmation comes about within the relevant period, olumax may lift the reservation and release the city and keyword combination again.

The customer may not make reservations without genuine interest in order to block keywords for itself or for other market participants. olumax may refuse reservation requests that are plainly improper, incomplete or not seriously meant, and lift reservations already made.

The actual reservation period is [insert period] or is notified to the customer during the reservation process or in the acknowledgement of receipt.

The presentation of the services on the website is not a legally binding offer.

The customer's reservation request is an invitation to olumax to review the combination wanted and the business.

A contract for payment only comes about once olumax sends the customer an express order confirmation in text form, or both parties have accepted an individual offer.

An automated acknowledgement confirms only that the reservation request arrived and is not yet an acceptance of the order.

olumax may refuse a request in particular where:

• the combination is no longer available
• details are missing or cannot be verified
• there is doubt about commercial or legal permissibility
• the keyword breaches the olumax keyword rules
• third party rights may be affected
• the request does not fit what olumax offers

With the order confirmation the combination concerned moves from the status "Reserved" to the status "Taken".

As a rule olumax allocates a confirmed city and keyword combination only once for the duration of the contract.

The exclusivity applies solely to:

• the confirmed keyword
• the confirmed spelling, or the agreed normalised meaning
• the confirmed city, and
• the duration of the active contract

The exclusivity creates no general restraint on competition. Other businesses may in particular book:

• similar or related keywords in the same city
• the same keyword in other cities
• other services or designations

provided there is no already allocated combination identical in substance.

olumax owes no exclusivity in trade mark law, competition law or naming rights outside the agreed olumax system.

If the contract ends, olumax may release the combination again and reallocate it once the service has ended and any wind up periods have passed.

Keywords and content are not allowed where they in particular:

• promote or glorify violence or sexual violence
• sexualise or exploit minors
• are racist, antisemitic, homophobic, transphobic or otherwise hostile to people
• insult, threaten or demean people or groups of people
• support extremist or terrorist aims
• offer unlawful goods, services or acts
• promote fraud, deception, surveillance, stalking or breaches of data protection
• infringe third party rights
• use misleading professional, official, trade mark or company designations
• conflict with a reputable business purpose and the published olumax keyword rules

Sensitive terms can be allowed where they clearly belong to a reputable support, advisory, medical, legal, academic or preventive service.

olumax may subject unclear terms to a manual review and require further evidence or explanation.

olumax may refuse or block impermissible keywords, or exclude them from publication where the breach only becomes apparent later. Statutory claims are unaffected.

The customer provides olumax with all information and materials needed to deliver the service, in good time, in full and at a suitable quality.

This may in particular include:

• company name and contact details
• company logo
• descriptions of services
• images and other media
• details of the area of operation
• a link to the main website
• the legally required mandatory details

The customer is responsible for its details and materials being correct, current and lawful.

The customer warrants that it holds the necessary rights of use in the logos, texts, images, trade marks and other content it supplies.

The customer informs olumax without delay of changes relevant to the Basic website, the keyword allocation or legal permissibility.

Delays arising from the customer cooperating late or incompletely extend agreed delivery periods by a reasonable amount.

olumax builds the Basic website on the basis of the content supplied and agreed by the customer.

Design, structure and technical implementation follow the olumax Basic website concept. There is a claim to fully bespoke web development only where that has been expressly agreed.

Before publication the customer may receive a preview or a request for approval.

The customer must review the preview within [number] working days and report any evident errors or departures from what was agreed in a way that can be followed.

Requests for changes going beyond error correction and the agreed scope may be charged separately. The customer is told about this beforehand.

Publication and the start of work depend on full cooperation, approval and, where agreed, payment.

The Basic website is built with the aim of supporting the customer's digital and local findability in connection with the booked keyword.

olumax does not owe any particular position in the results of Google or other search engines.

The following in particular are not guaranteed:

• any particular ranking
• inclusion in a search engine index
• any particular number of visits, enquiries or customers
• any particular turnover or commercial success
• a lasting placement

Search engines decide independently on indexing, ranking and presentation. Algorithm changes and measures taken by search engines lie outside what olumax can influence.

Statements about visibility are therefore to be understood as the aim of the service and not as a guarantee of success.

Unless agreed otherwise, the introductory price is:

• 99.99 euro net per keyword and contract year, plus the statutory VAT applicable at the time

The price covers the Basic website described in the offer or order confirmation for the confirmed city and keyword combination.

Where there are several keywords the price is charged separately for each one.

Additional services, special requests or extensions are charged only by separate agreement.

Invoices fall due without deduction within [e.g. 14 days] of the invoice date.

In the event of late payment the statutory provisions apply. After a prior reminder and a reasonable deadline olumax may suspend the service temporarily. The duty to pay and other statutory rights are unaffected.

Whether the cost can be taken into account for tax depends on the customer's own circumstances. References to possible treatment as a business expense are not tax advice or a guarantee.

Before publication a binding option must be settled here.

The contract begins on the date named in the order confirmation and runs initially for [twelve months / another period].

Option A, automatic renewal: the contract renews for a further [twelve months] each time unless it is terminated in text form with [period] notice to the end of the current term.

Option B, no automatic renewal: the contract ends when the agreed term expires, unless the parties agree to continue it.

An advertised statement such as "cancellable yearly" may only be used if it matches the term and notice period settled here.

The right to terminate extraordinarily for good cause is unaffected.

Good cause may in particular exist where:

• the customer fails to make due payments despite a reminder
• unlawful or impermissible content is used
• the necessary rights in materials are missing
• the service is used for improper purposes
• a material contractual duty is breached despite a reasonable deadline

Terminations require at least text form, for example by email to [termination address].

When the contract ends, the customer's claim to the provision and exclusive assignment of the Basic website and the city and keyword combination ends too.

olumax may deactivate the Basic website after the contract ends and then release the combination again.

The customer has no claim to a transfer of the technical system, source code, templates used, domains or sub pages, unless expressly agreed.

Original materials supplied by the customer, and the customer's rights in them, are unaffected.

Statutory retention obligations remain in force.

For the duration of the contract the customer grants olumax the non exclusive rights of use in the supplied materials that are needed to perform the contract.

The grant of rights covers in particular editing, reproduction and making publicly available within the Basic website.

olumax retains the rights in its own designs, templates, software components, text structures, technical systems and other pre existing materials.

Any wider use or transfer to the customer requires a separate agreement.

olumax endeavours to provide the Basic websites reliably.

Availability at all times, entirely without interruption, is not owed.

Temporary restrictions may arise in particular from maintenance, security measures, technical faults, outages at third party providers or force majeure.

olumax may make technical and design adjustments provided the agreed core of the service is not materially impaired.

The customer reports evident technical or content defects without delay and as specifically as possible.

olumax is given the opportunity to remedy justified defects within a reasonable period.

Statutory rights in respect of defects are unaffected, so far as no effective differing provision has been made in these terms.

There is no defect where an expected search engine ranking, a particular reach or a particular commercial success fails to materialise.

olumax is liable without limitation:

• for intent and gross negligence
• for damage arising from injury to life, body or health
• under the Product Liability Act
• to the extent of a guarantee expressly given
• so far as liability is mandatory by law

Where a material contractual duty is breached through slight negligence, olumax is liable only for the damage typical of the contract and foreseeable at the time it was concluded. Material contractual duties are those whose performance makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.

Otherwise liability for slight negligence is excluded.

The above liability provisions apply accordingly to employees, representatives and vicarious agents of olumax.

olumax is not liable for the customer's content, details or materials, nor for infringements based on them, so far as olumax is not responsible for the infringement.

If third parties bring justified claims against olumax because of content or details supplied by the customer, the customer indemnifies olumax against the resulting claims and reasonable costs, so far as the customer is responsible for the infringement.

olumax informs the customer of such claims and, so far as reasonable, gives it the opportunity to take part in the legal defence.

Personal data is processed in accordance with the applicable data protection rules and the privacy notice published on the website.

The privacy notice is not part of these terms but is made available before a reservation request is submitted.

The customer may only pass olumax personal data that may lawfully be processed and disclosed.

As a rule the version of these terms incorporated when the contract was concluded applies to it.

Changes to existing contracts are made only where there is a legal or factual basis and the customer is not unreasonably disadvantaged by them.

Material changes are notified to the customer in text form in good time. Where consent is required it is obtained expressly. Silence does not count as consent without a specific statutory or effectively agreed basis.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction is, so far as legally permissible, the registered seat of olumax.

The place of performance is [insert place], unless agreed otherwise.

Should individual provisions be or become ineffective, the remaining provisions are unaffected. The statutory rules apply in place of the ineffective provision.

Changes and additions to individual agreements should be made in text form for evidential reasons. Statutory form requirements and the precedence of individually negotiated arrangements are unaffected.

olumax may offer customers participation in a referral programme. The details follow from the conditions of participation published at the time.

A referral is only successful once the referred business has concluded a contract for a keyword using the valid referral code and has paid the fee owed for it in full.

Reservation requests, and bookings that are cancelled, unpaid or reversed, do not make a referral successful.

Once five qualifying keyword bookings have been assigned to a participant, in the following contract year they receive the regular yearly service for one eligible keyword without the regular yearly price being charged, in line with the conditions of participation.

Additional services and bespoke work are not part of the reward unless agreed otherwise.

The new customer must give the referral code during the reservation request. The code belongs to one person and is tied to a confirmed email address and a customer account.

Using your own referral code, or referring a business economically identical to your own, is excluded. Self referrals, repeated sign ups by the same business, invented businesses and other improper arrangements are likewise excluded.

Entering a code does not yet create a claim to the reward. It is credited only after the order is confirmed and the keyword booking it belongs to has been paid in full.

If a referred new customer books several keywords, each confirmed and fully paid keyword can be credited separately. City and keyword combinations already taken or reserved cannot be credited as a referral again.

The referral programme can be repeated as often as you like: every five qualifying keyword bookings create a new claim to a reward.

Where an assignment is contradictory or improper, olumax may review the case by hand. A refusal is documented and is never made without a reason that can be followed.

olumax may examine referral cases where there are specific indications of misuse. Claims to a reward already properly earned are unaffected if the programme ends later.