1. Scope

1.1 The General Terms and Conditions shall form part of all contracts concluded with regard to the platform products between the Client and Smest.it UG (haftungsbeschränkt), Ostpreußenweg 14, 22926 Ahrensburg, Germany, hereinafter “Smest.it”.

Smest.it owns the website that represent a platform offering Client the possibility to test websites. Smest.it provides the technical means to realise profile creation and testing websites and to see testing data.

1.2 Deviating terms and conditions of the Client shall not become part of the contract.

2. Platform, Access and Registration

2.1 To use the platform as Client, a user registration is required. A contract on the usage of the portal is concluded with Smest.it as soon as the Client sent a registration form filled in with his complete and correct data to Smest.it (Offer) and the Client sent a confirmation (Acceptance). Input fields can be changed before sending the registration via common keyboard and mouse functions.

2.2 Registration takes place with an account and with it the Client accepts the respectively applicable Terms and Conditions.

2.3 The Client shall furnish the data collected in the registration form completely and correctly, if and to the extent that the data is not marked as optional. Providing stage names, pseudonyms or other invented names is not permitted in the framework of collection of the personal name.

2.4 The Client shall keep his password confidential and shall carefully safeguard his account. The Client shall undertake to inform Smest.it immediately if there is evidence that an account was misused by third parties.

2.5 There is no entitlement to the usage of the platform. In particular in the event of technical failure Smest.it makes efforts to remedy such failure, however, cannot guarantee continuous usage possibilities.

3. Ordering Credits or subscription-options

3.1 Within his account, the Client has the possibility to order for the activation of tests chargeable Credits provided by Smest.it or subscription-options. To order Credits or subscription-options, the Client can choose between various offers provided by Smest.it. The offers presented in the website shall not be offers in the legal sense. With his order, the Client bindingly declares his contractual offer to buy the Credits. Input fields can be changed before sending the order via common keyboard and mouse functions. By clicking on the button that completes the order, the Client submits a binding contractual offer. After the Client’s offer is received by Smest.it, Smest.it accepts the contract either explicitly by confirmation, by request for payment or by activating the Credits or subscription-options to Clients account. The contract text is not saved by Smest.it.

3.2 The costs of the Credits or subscription-options are shown in the account area. The remunerations shall be due upon invoicing in advance. Payment options are also shown in the account area. Smest.it can send the Client invoices and payment reminders electronically.

4. Test Service of Smest.it

4.1 Within his account, the Client shall have the possibility to start tests of his websites and to see the test results and test data. For the activation of the test and the services of Smest.it the Client has to pay with credits if this is not a part of an activated subscription-option.

4.2 By clicking on the button that completes the order of the services for credits, the Client submits a binding contractual offer. After the Client’s offer is received by Smest.it, Smest.it accepts the contract either explicitly by confirmation, by request for payment or by activating the services. The contract text is not saved by Smest.it.

4.3 Delivery of the services is made by activation within the account. No shipment costs are incurred.

5. Right of use

5.1 The copyright and exclusive right of use for published objects provided by Smest.it (websites, scripts, programs, graphics) remains solely with Smest.it.

5.2 Upon conclusion of the contract on the usage of the services, the Client shall be granted a simple right unlimited in space to use the services according to the scope agreed in the contract for own purposes for the duration of the contract. Further rights, in particular with regard to the duplication beyond what is necessary for the contractual usage shall not be granted. Possible rights from Art. 69d para. 2 and 3, Art. 69 e UrhG (German Copyright Law) remain unaffected.

5.3 A duplication or usage of elements of the website of smest.it and the services in other electronic or printed publications, in particular on other websites shall be prohibited without the explicit approval by Smest.it. Only Smest.it shall be entitled to the comprehensive copyright with all powers according to Art. 12 to Art. 27 UrhG for all documentation, information and contractual items drawn up in the framework of contract initiation and including warranty, unless agreed otherwise in writing.

5.4 The Client’s access to his account depends on the Internet connection, which is the Client’s responsibility.

5.5 Smest.it shall be entitled to interrupt the permanent use for maintenance works and other important reasons.

6. Liability

6.1 As regards the Client’s rights with respect to factual and legal defects, the statutory provisions shall apply, unless otherwise indicated.

6.2 Liability for damages of property other than injury to life, body or health is excluded unless the damages can be attributed to gross negligence or intent of the producer, one of his legal representatives or agents or unless the behavior infringes essential obligations of the contract. Essential contractual obligations are obligations that are essential for fulfilling the proper implementation of the contract and on whose fulfillment the Client can reasonably rely on.

6.3 In case of data loss caused by Smest.it’s intent or gross negligence Smest.it is only liable for the costs of copying the data with respect to the backup copies to be made by the Client and for the recovery of the data that would have been lost even if a proper data backup was made.

6.4 Said exclusion of liability is not valid if claims in accordance with the German product liability act are concerned or in case a defect was maliciously concealed or in case a quality guarantee was accepted.

7. Revocation right

Consumers are entitled to a right of revocation according to the following conditions, whereby the consumer is any natural person entering into a legal transaction for a purpose that can be attributed neither to a commercial nor a self-employed occupational activity.

7.1 Revocation instruction: Credits

Revocation right

You have the right to withdraw from said contract without giving any reasons within 14 (fourteen) days after you or a third person designated by you, who is not the transport company, took possession of the goods.

In order to exercise your revocation right, a clear statement on your intention to withdraw from the contract must be submitted (Smest.it UG (haftungsbeschränkt), Ostpreußenweg 14, 22926 Ahrensburg, Germany, email: info@smest.it, telephone number: +49 1636278459) e.g. via mail, fax or email to us. You may use the sample revocation form in annex; this is, however, not mandatory. For compliance with the revocation period it is sufficient to notify us on the revocation before expiration of the revocation period.

Consequences of a revocation

In case of an effective revocation we shall return any payments received by you, including delivery costs (with the exception of additional costs which were incurred because you chose another type of delivery than our inexpensive standard delivery) immediately and, at the latest within 14 days as of the date we received your notification on the revocation of the contract. We will use the same means of payment you used in the initial transaction for repayment, unless otherwise agreed with you; we will not charge any fees for repayment.

We may refuse to make repayment until we have received all the goods or received evidence that you have shipped the goods to us, whichever occurs earlier.

You shall return the goods immediately to us or hand the goods over to us, at the latest within 14 days as of the date you notified us on the revocation of this contract. The deadline is met if you dispatch the goods before expiration of this deadline. You shall bear the costs for returning the goods.

The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

Premature lapse of the right of revocation

The right of revocation expires prematurely for a contract on the delivery of digital content not provided on a physical data carrier if the company initiated the execution of the contract after the consumer has given his explicit consent and also confirmed that he is aware that his right of revocation expires on the execution of the contract.

7.2 Revocation instruction: Test Services

Revocation right

You have the right to withdraw from said contract without giving any reasons within 14 (fourteen) days. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

In order to exercise your revocation right, a clear statement on your intention to withdraw from the contract must be submitted (Smest.it UG (haftungsbeschränkt), Ostpreußenweg 14, 22926 Ahrensburg, Germany, email: info@smest.it, telephone number: +49 1636278459) e.g. via mail, fax or email to us. You may use the sample revocation form in annex; this is, however, not mandatory. For compliance with the revocation period it is sufficient to notify us on the revocation before expiration of the revocation period.

Consequences of a revocation

In case of an effective revocation we shall return any payments received by you, including delivery costs (with the exception of additional costs which were incurred because you chose another type of delivery than our inexpensive standard delivery) immediately and, at the latest within 14 days as of the date we received your notification on the revocation of the contract. We will use the same means of payment you used in the initial transaction for repayment, unless otherwise agreed with you; we will not charge any fees for repayment.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.


7.3 Cancellation form

(Please fill in said form and return it to us if you want to withdraw from the contract.)

To Smest.it UG (haftungsbeschränkt), Ostpreußenweg 14, 22926 Ahrensburg, Germany, email: info@smest.it:

  • I / we (*) revoke the contract concluded by me / us (*) on the purchase of the following goods (*)/ the following services (*)
  • Ordered on (*)/received on (*)
  • Name of the consumer(s)
  • Address of the consumer(s)
  • Signature of the consumer(s) (only for notifications via mail)
  • Date

(*) Cross out non-applicable

8. Blocking, Deletion, Termination

8.1 The account on the platform may be terminated at any time by the Client.

8.2 In case of Client falling into arrears with his payments, Smest.it shall be entitled to block the provided services at the costs of the Client. In such case, the Client shall undertake to pay the accrued remuneration.

8.3 The deletion of the account shall take place after invoicing possibly remaining receivables or obligations. An exception is made for statutory data storage obligations.

8.4 The term and the termination period of the subscription-options are shown directly with the offers of Smest.it.

9. Final provisions

9.1 This contract shall be governed by the laws of the Federal Republic of Germany with the exception of the CISG.

9.2 Jurisdiction and place of performance of this contract shall be Ahrensburg, Germany.

9.3 The contract language is English.

9.4 The EU Commission provides a platform for extrajudicial resolution. You can access it under the following link: http://ec.europa.eu/consumers/odr/ . Our email address in this context is info@smest.it

9.5 If the Client has ordered services of Smest.it, Smest.it can offer information about his own similar services via the email address which was obtained from the Client in the contractual relationship. The Client can object to such use of his email address at any time without costs arising by virtue thereof, other than transmission costs pursuant to the basic rates.