For business relations between the PresHelper, Maria-Probst-Str. 3, 69123 Heidelberg, Germany, and the user of the below in Paragraph 2 described digital products (the “Client”) apply exclusively these Terms and Conditions (hereafter “Terms”) of PresHelper’s valid version at the point of the usage.
The under www.PresHelper.com offered products of PresHelper are addressed to entrepreneurs (specifically “Merchants”), but not to consumers. All terms & conditions of customers do not apply.
2. Products by PresHelper
PresHelper’s range of products includes templates for PowerPoint presentations .pptx or .ppt formats and Keynote such as .key formats. It also includes software such as add-ins, add-ons or PowerPoint macros. PresHelper’s product portfolio of templates for PowerPoint and Keynote presentations include infographics, diagrams, maps, backgrounds, flags, icons and digital signage together with other contained content (including images, text, films, banners, graphics, layout, objects, animations and maps). Below these templates for PowerPoint (or Keynote) presentations and the contents will be described as “products”.
The exact composition and details of these products can be found in the “respective specifications”.
PresHelper’s products are exclusively provided as an direct download in the type of file (and type of size) which is described in the respective offer of PresHelper. The customer is not entitled to receive any products in a manner other than via download (for instance by mail) or in a different form (for instance different file formats or on physical media such as floppy disk or CD-ROM).
All products of PresHelper are copyright protected by competition law and trademark. With conclusion of the contract according to paragraph 3, the customer acknowledges all copyrights and intellectual property rights of PresHelper and the validity of these terms & conditions, particularly responsibilities and duties of the customer pursuant to paragraph 6 and the limitations of rights (to the products) corresponding with paragraph 7.
3. Conclusion of Contract
PresHelper’s website (www.PresHelper.com) and the offered products provide a bid to conclude a sales contract. When an order is placed by the customer in the online shop of PresHelper, PresHelper provides an automatically generated email to the customer that confirms the receipt of the specific order and details of the purchase (simple order confirmation).
The contract between PresHelper and the customer is formed when PresHelper accepts the offer of the customer by transfer the ordered product by providing a download link. Depending on which payment method the customer chose (further in paragraph 5) the order confirmation can possibly arrive at the same time as the already mentioned order confirmation. The contract covers only the provision of these products for download and the granting of rights to use these products according to PresHelper’s license terms (paragraph 7).
The download and use of all products is subject to charge if an offer of PresHelper is not specifically marked as “free”.
Relevant to the payment by the customer are the described prices valid at the time of the order on the official PresHelper web page. The prices are also listed in the invoice which each individual customer receives following the order confirmation. Within the designated deadline given for payment all compensations are in fact due. After the designated deadline, the customer is in default without need of any further notice. Until the customer fully paid, all products remain the property of PresHelper.
Differences in amounts will be credited to the individual customer account as a store credit. Any refund-amounts will be calculated with a fee (redemption fee) of $5.00 for accumulated transaction costs.
5. Payment options
PresHelper offers different payment options for the payment of the products: PayPal, Credit Card, Direct Banking and Invoice. The customer can find additional information about data handling with each individual payment provider and their individual security measures concerning data. For the correctness of this information, PresHelper does not assume any liability.
Coupons are only applicable to the products of PresHelper. They correspond to the value of the indicated currency. If not described, the minimum order value matches to the coupon value. The coupon is not redeemable if the minimum order value falls below its value. Coupons are only redeemable in full. They cannot be transferred to the following orders nor be credited to any purchases retroactively and will only be deducted from the purchase price, when the valid and correct promotional code is entered on the official PresHelper web page in the provided coupon field during the order process. The customer is not entitled to reclaim a payment of the coupons value or the difference to the price of any product under any circumstances.
PresHelpers coupons are not applicable to any bundles, reduced products, download-packages or shop accesses.
6. Responsibilities and Duties of the Customer
Each individual customer is responsible for the complete and correct input of his or her data which is fundamental for the use of the products and the complete purchase agreement in general. The given address by the customer must be valid and complete, because this address is automatically the licensing address for purchased products from PresHelper. Any changes to this essential data need to be added on the PresHelper web page by the customer immediately. If that is not possible, PresHelper needs to be notified in writing or by e-mail.
Any technical requirements needed to run the offered download and to access, use, process and / or save the products has to be provided by the customer. Any expenses of Internet connection and access while using the Worldwide Web, specifically during the download of PresHelpers products, are borne by the individual customer.
Passwords are protected against access by third parties and must not be disclosed to third parties under any circumstances. Passwords should be modified regularly for safety reasons. The client must change the password immediately if there is any reason to consider that an unauthorized or illegitimate person has gained knowledge of it.
7. Rights of Usage
The customer may use PresHelper products for their own (including commercial) use, but not for any business purposes of third parties as part of the purchased license. The product content, which includes infographics, diagrams, maps, backgrounds, flags, icons and digital signage (with the exception of images) cannot be used outside of the products. This right of usage also includes all free content provided in our shop.
Upon the complete payment of the compensation, the customer obtains unrestricted rights to store, use, replicate, copy, edit and print the products with their own content. The products, customers bought, may only be used for own purposes. Customers are entitled to publish PresHelpers products on their websites (using appropriate copyright references to PresHelper or the logo of PresHelper), and making them available, only if they are in a non-editable format (such as jpg, png, pdf or any other pixel graphic format). Publishing of any vector formats from products are strictly prohibited. All products edited or customized by the customer must contain PresHelpers copyright information as well.
The customer is not entitled to sell, offer or distribute the products (either modified or un-edited version) or to grant title to the rights and pass them on to any third party (only with the exception of the above regulations). The customer is not allowed to resell, edit, lease or rent any products from PresHelper – especially to third parties and possible business purposes. It is in particular prohibited to use any of the products for third parties, which are part of an agency business.
The customer’s user address cannot have a differing license address than shop accesses and download-packages. The customer is license holder and user of the downloaded products at the same time. Reselling or redistribute the products is strictly prohibited.
A few examples of illegal and legitimate transfer of products to a third party:
It is permitted, for instance, to release the original or modified products to customers for their (internal) use as part of a training program. It is prohibited to transmit “copyright-related” exploitation rights to the customers in this context.
Prohibited is for instance, the use of original or modified versions of the products, whether for a charge or free, with the simultaneous establishment of publication rights, reproduction and / or processing to a third party (or third parties).
Prohibited is, for instance the isolated use of the content, which is part of the product (e.g. vectors, graphics, maps and icons) outside of PresHelpers products. The content included in the products may not be separated and used for any different purposes.
Every other use requires the consent of PresHelper, which has to be a prior written consent. Other uses of the products are strictly prohibited. The customer is in particular not allowed to offer the products on other portals, social networks and websites and provide them for download whether for a charge or free. This also involves any free slides or elements provided in our PresHelper shop.
Each individual acquired product is licensed to either the business address of the registered company or to the individual described in the license address. The license address must be valid, complete and current and must be stated in each individual customer account. When a customer changes the license address written communication with PresHelper via phone, mail or an other electronic form is required.
It is strictly prohibited to use a properly licensed product by individuals, third parties, companies or groups whose members are not part of the business indicated with the license business address or business name. Under our supervision of our licensing rights and copyrights, PresHelper reserves the right to legally pursue violations of our disclaimers anytime.
The customer agrees to compensate PresHelper from all third party claims which result from the violation of these terms and conditions listed duties and / or other or similar acts of the customer; provided that such damages are not attributable to PresHelper. The customer is obligated to pay a (contractual) penalty for each breach of PresHelpers terms and conditions of an immediately payable USD 10,000, -. The customer may raise an objection immediately as well. The penalty above will be charged to any damage claims by PresHelper. If it is possible for the customer to prove lesser damage, he or she has the right to claim lesser damage.
8. Cancellation Policy
Within 14 days before you acquire any goods (due to digital downloads), the customer has the right to withdraw from the contract with PresHelper without giving any reason. The withdrawal period will expire after the described 14 days. When downloading the product, the customer must waive his right of withdraw.
To withdrawal, you must inform us directly (PresHelper, E-Mail: Support@PresHelper.com) of your decision to withdraw from this contract by an unmistakable statement (e.g. a letter sent by post or fax).
Sending your message (or different form of communication) regarding your exercise of the right of revocation is sufficient for you to, to meet the correct withdrawal deadline.
Effects of withdrawal
If the customer successfully withdraws from the contract, he or she will be reimbursed all payments (concerning the contract). This also includes costs of delivery (with an exception of any supplementary costs which are a result from the customers choice of a certain type of delivery other than the cheapest type of default delivery offered by PresHelper), without unnecessary delay and under any circumstances not later than 14 days from the day PresHelper is informed about the customers decision to withdraw from the contract. Such reimbursement will be carried out by us using the same payment method as the customer used for the original transaction (unless the customer has expressly agreed otherwise); anyhow, customers will not incur any fees for such reimbursement.
Within a reasonable time, PresHelper will fix serious or significant shortcomings with our products (performance). In the case of significant shortcomings of our products, PresHelper will deliver a product without defects or remove the defect (supply). If a defect is extremely serious or significant, customers have the right to reduce the remuneration (reduction) or withdraw from this contract (withdrawal) – without any prejudice to chapter 10.
The exercise of the right of withdrawal from one of PresHelpers products by the customer concludes that a reasonable time limit set is set for the repair of the defects by PresHelper. Customers will withdraw consent to the contract if the time limit has passed.
If PresHelper fails the repair, the repair is rejected by PresHelper or the deficiency is not reasonable it is not required to have the qualified deadline. Both parties may mutually agree not to require a certain deadline or time limit as well. Customers are not entitled to withdraw if there is an defect or insignificant.
10. Money Back Guarantee and Satisfaction
PresHelper can “guarantee” for the quality of the products, since we develop our products in-house.
A product, which shows material defects or does not comply with the described properties (from the PresHelper web page) will be revised immediately. In this case, PresHelper will provide the customer with a faultless product, but only if the product shows material defects or does not comply with the described properties.
The money will be refunded back within the first three months after the placed order if the customer has substantiated complaints which cannot be resolved.
Full shop accesses and download packages are always excluded from warranties or refunds.
Any differences in amounts or faulty orders will be credited to the individual customer account as store credit. An additional redemption (fee of $5.00) will be calculated for all refund amounts for the costs concerning the transaction.
11. PresHelper’s Liability
We take permanent effort in the accuracy, actuality and completeness of its services and products, but PresHelper is not committed to review the same. This aspect refers especially to the political and geographical correctness of the maps in our store.
Customers are not entitled to subsequent any performances if products from the webpage are not or no longer “current”, simply because PresHelper’s contracted service is only the creative design of the offered products.
The only reason for an unlimited liability from PresHelper is, when damages were caused by gross or intent negligence on PresHelper’s side. In addition to that PresHelper is liable for violations of obligations that jeopardize the achievement (of each individual purpose), certain violations of obligations (to fulfill the regularity of the contract most importantly) which customers rely on or the negligent breach of obligations. PresHelper’s liability shall be limited to (typical) contractual calculable or predictable damage in this case. PresHelper is not and will never be liable for any negligent infringement exepct for the obligations referred to above.
The limitations above do not apply in case of any injuries to limb, life and health, for fraudulent concealment of defects and a defect after a guarantee for the quality of products. The liability under the PLA (Product Liability Act) remains unaffected.
12. Contract content
PresHelper’s terms and conditions can be printed, downloaded or read on the official PresHelper website. All invoices and orders by the customer are saved the customer’s individual account.
13. Language of the Contract
English is the available language for the conclusion of the contract.
14. Auxiliary conditions
If any provision of the terms and conditions above should become or be invalid, this does and will not affect the effectiveness of the provisions remaining.
Only with prior given written consent by PresHelper, customers can transfer obligations and rights to third parties. Customers have the right to compensation only for legally valid or uncontested claims.
Regarding the (contractual) relations of all parties, German law applies. The UN sales law is excluded.
With the city of Gelnhausen lies the exclusive jurisdiction for any potential disputes over the contract under the use of the given terms and conditions. The right to initiate justified legal proceedings against customers at his general jurisdiction is reserved by PresHelper.
15. Information obligation
Online dispute resolution platform of the EU Commission: http//ec.europa.eu/consumers/odr