I. Scope
These General Terms and Conditions (hereinafter “GTC”) apply to all services provided by WS-KS SH.P.K. (hereinafter referred to as the “service provider”), which are provided as part of online products and call center services.
Differing conditions from the customer will not be recognized unless the service provider expressly agrees to them in writing.
The service provider reserves the right to change the terms and conditions at any time. Changes will be communicated to the customer in a timely manner by email. If the customer does not object within two weeks, the changed terms and conditions are deemed approved.
The current terms and conditions are available at any time at www.ws-ks.com.
Our services are aimed exclusively at companies, legal entities, traders, self-employed people and freelancers.
II. Conclusion of contract
- The contract is concluded through a written or electronic confirmation of order acceptance by the service provider.
- The customer receives a written confirmation of their order by email and must confirm this again by clicking on a confirmation link.
- The service provider reserves the right to reject orders without giving reasons, especially if they violate applicable laws or these Terms and Conditions.
III. Subject of the contract
- The service provider provides services in the area of call centers, lead generation, appointment scheduling and other sales-related activities in accordance with the agreed service descriptions.
- The customer undertakes to provide all content required to fulfill the contract (e.g. texts, images, data, search terms) in a timely manner.
- The service provider may commission third parties (partner companies) to fulfill the contract.
IV. Granting of rights
- The customer grants the service provider the simple, transferable and unlimited right to use the content provided, to the extent that this is necessary to fulfill the contract.
- The service provider may use results of the service for its own references.
- Any further use by the customer requires a separate agreement.
V. Obligations of the customer
- The customer undertakes to keep all relevant data up to date and to provide the required content no later than 14 days after conclusion of the contract.
- The customer is responsible for the legal admissibility of the content provided (e.g. trademark, copyright, data protection rights).
- Late provision of content has no impact on the customer's payment obligation.
VI. Customer Liability & Indemnification
- The customer is solely liable for the content that he makes available to the service provider.
- The customer releases the service provider from all third-party claims that arise from the use of the content.
VII. Availability & System Performance
- The service provider endeavors to ensure 98% availability.
- Maintenance times, technical disruptions or force majeure are excluded.
- The service provider is not liable for disruptions on the network or by third-party providers.
VIII. Warranty & liability of the service provider
- The service provider assumes no liability for the uninterrupted availability of the service.
- Liability for slight negligence is excluded unless it concerns essential contractual obligations.
- Liability for data loss is limited to the typical restoration effort.
- The service provider is not liable for indirect damages or lost profits.
IX. Contract term & termination
- The contract term is 24 months and is automatically extended for 12 months, if not terminated three months before expiry.
- The termination must be made in writing.
- Extraordinary termination is possible if
- the customer is in default with two monthly payments,
- insolvency proceedings have been opened against the customer's assets or
- the service provider discontinues its service.
X. Payment, offsetting & retention
- Billing is done quarterly in advance, or semi-annually or annually if desired.
- In the event of late payment, the service provider may charge default interest in accordance with statutory provisions.
- Offsetting is only permitted with undisputed or legally established claims.
XI. Other provisions
- The place of performance and jurisdiction is Prizren, Kosovo.
- The law of the Republic of Kosovo applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- Personal data is stored in accordance with the Privacy Policy on www.ws-ks.com.