General terms and conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (Broll IT & Media GmbH). Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
(2) A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

2 Conclusion of the contract

(1) We provide you with internet services, in particular web hosting, server hosting, web design, domains & marketing solutions. The scope of services results from the service package booked by you and the service description provided for this purpose.
(2) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 14 days.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Service provision for web hosting and server hosting, obligations

(1) Our service obligations result from the service description of the respective web hosting or server hosting offer. The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 24 hours after conclusion of the contract (in the case of agreed advance payment, after the time of your payment instruction).
(2) Insofar as we grant you full and sole administration rights on the servers provided within the scope of server hosting, you are solely and exclusively responsible for the administration and security of your server. You are obliged to install the necessary security software, to constantly inform yourself about any security vulnerabilities that become known and to close them independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.
(3) Insofar as we provide programmes, you shall receive a non-exclusive right to use the programmes provided for the duration of the contract. You are obliged to comply with the respective licence conditions.
(4) You are also obliged to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for the
dispatch of SPAM mails and (d)DOS attacks or from operating open mail relays and other systems on the server via which SPAM mails and (d)DOS attacks can be spread. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
(5) You are not entitled to have the same IP address assigned to the server for the entire term of the contract. We reserve the right to change this in the event of technical or legal necessity and to allocate you a new IP address in this context.

(6) We reserve the right to adapt the hardware and software used for the provision of the services to the respective state of the art and to inform you in good time of any additional requirements for the content stored by you on our servers that may result from this. We undertake to make such adjustments only to an extent that is reasonable for you and in consideration of your interests.
(7) We provide our services with an availability of 99% on an annual average, insofar as no other availability is stated in the respective service offer. Downtimes due to regular or sporadic maintenance are included in this. Excluded from this are times when the server cannot be reached due to technical or other problems beyond our control (force majeure, fault of third parties, etc.).

§ 4 Domain administration

(1) When procuring and/or maintaining domains, we will only act as an intermediary between you and the registries. In this context, we owe the preparation and transmission of a fully completed application for registration of the domains desired by you in accordance with the specifications of the respective registry (e.g. Denic eG). No guarantee can be given for the transfer, allocation or permanent existence of domains in your favour; the registration conditions of the registries apply in this context. You guarantee that the domain applied for by you or already registered for you does not infringe the rights of third parties. You are further obliged to notify us immediately of any loss of your domain.
(2) We are entitled to activate a domain only after payment of the agreed fees in accordance with section 5 of our customer information (Part II). Likewise,
may refuse to release the domain after termination of the contract until you have fulfilled all payment obligations to us under the contract.
(3) If you do not give clear instructions for the transfer or deletion of the domain upon termination of the contract, we may return the domain to the responsible registry or have it deleted after the end of the contract and expiry of a reasonable period of time. The same applies if a release of the domain can be refused by us pursuant to § 4 (2) of the GTC.

§ 5 Further obligations on your part

(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly secret.
(2) You are obliged to design your domain and the content that can be accessed under it in such a way that an excessive load on our servers is avoided, e.g. through scripts that require a high
computing power or take up an above-average amount of RAM. We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of such a measure without delay.
(3) You guarantee that your domains and the contents accessible under them do not violate legal regulations or morality and do not infringe the rights of third parties.
This applies in particular to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling law, competition law, criminal law and data protection law. We are not obliged to check your domains and the contents accessible under them for possible legal violations. Once we have identified legal violations or inadmissible content, we are entitled to block the content and make the domain in question inaccessible. You will be informed of such measures without delay. You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This also applies to the costs of our necessary legal defence, including all court costs and lawyers' fees.
(4) You must create backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for the creation of backup copies. In the event of data loss, you will transfer the relevant data files to our servers again free of charge.
(5) You will ensure that the agreed data transfer volume (traffic) is not exceeded. Unless otherwise agreed, a traffic volume of 1 TB is permissible for an advertised flat rate. The traffic is to be treated as "fair use".

(6) You are obliged to cooperate within the framework of the contractual relationship. You shall perform the necessary acts of cooperation without undue delay upon our first request

6 Term of contract, termination

(1) The contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in text form (e.g. by e-mail) 3 months before the end of the contract (unless a different period is stipulated in the respective offer), it shall be tacitly extended by the agreed basic term in each case.
(2) The right to terminate without notice for good cause remains unaffected. In particular, we have an extraordinary right of termination in the event of repeated breaches of your obligations under § 3 (2) to (4) and § 5 of the GTC. You are obliged to pay compensation in the event of extraordinary termination by us.

§ 7 Right of retention

You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 8 Liability

(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of
assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.
(2) Liability for defects under the statutory warranty is governed by the corresponding provision in our customer information (Part II).
(3) Insofar as essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(4) In the event of a breach of immaterial contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we are liable neither for the constant nor uninterrupted availability of the website and the service offered there.
(6) You are obliged to provide us exclusively with such image/video/sound material that is free of third-party rights. In this respect, you shall fully indemnify us from any claims of third parties due to the infringement of intellectual property.

§ 9 Choice of law, place of performance, place of jurisdiction

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

II. customer information

1. identity of the provider

Broll IT & Media GmbH
Am Metternicher Bahnhof 10
56072 Koblenz
Germany
Phone: +49 261 20597460
E-mail: info@broll-it.de

The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec.europa.eu/odr.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3. contract language, contract text storage

3.1 The contract language is German.
3.2 In the case of quotation requests, you will receive all contractual data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. essential characteristics of the service

The essential features of the service can be found in the service description and the supplementary information on our website or, in the case of requests for quotation, in our binding offer.

5. prices and payment modalities

5.1 The prices quoted in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. You have the following payment options, unless otherwise stated in the respective offer:
- Prepayment by bank transfer
- On account
- SEPA direct debit
5.3. For first-time bookings, the invoice amount must be settled within 14 days. In all other cases, the payment claims arising from the concluded contract are due for payment immediately (unless otherwise stated in the respective offer).
5.4 If the customer is in default of payment, we may restrict or block their services after prior notice; this also applies to domains registered for the customer. For such a blocking, the customer shall pay a processing fee of 25 euros, unless the customer proves that in the individual case no damage or significantly less damage has been incurred.

6. statutory liability for defects

The statutory rights of liability for defects shall apply.

Term of contract, termination

Information on the term of the contract as well as the conditions of termination can be found in the regulation "Contract term, termination" in our General Terms and Conditions (Part I), as well as in the respective service description. These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal conformity. The
Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at:
http://www.haendlerbund.de/agb-service.