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 a provider (Broll IT & Media GmbH). Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Formation of the contract
(1) We provide you with Internet services, in particular web hosting, server hosting, web design, domains and marketing solutions. The scope of services results from the service package you have booked 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 e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Provision of services 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. Unless otherwise agreed, the service provision (activation of the booked service package, transmission of the access data) shall take place 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 as part 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 keep yourself constantly informed of any security gaps 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) If we provide programs, you receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license terms.
(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 third-party data are not jeopardized. In particular, you are prohibited from using the server for the
sending SPAM mails and (d)DOS attacks or to operate open mail relays and other systems on the server via which SPAM mails and (d)DOS attacks can be distributed. 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 if technically or legally necessary and to assign you a new IP address in this context.
(6) We reserve the right to adapt the hardware and software used to provide the services to the current state of the art and to inform you in good time of any additional requirements this may place on the content you store on our servers. We undertake to make such adjustments only to a reasonable extent for you and in consideration of your interests.
(7) We provide our services with an availability of 99 % on an annual average, unless a different availability is specified in the respective service offer. Downtimes due to regular or sporadic maintenance are included in this. This does not include 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. We owe the creation and transmission of a fully completed application for registration of the domains requested 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 favor; 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 any third-party rights. You are also 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
we 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 issue 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. The same applies if we can refuse to release the domain in accordance with § 4 (2) of the GTC.
§ 5 Further obligations on your part
(1) You must inform us immediately of any changes to the data required for the fulfillment of the contract. Passwords and other access data must be kept strictly confidential.
(2) You are obliged to design your domain and the content that can be called up under it in such a way that an excessive load on our servers, e.g. through scripts that require a high
computing power or require an above-average amount of memory is avoided. We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or third parties. You will be informed immediately of any such measure.
(3) You guarantee that your domains and the content that can be accessed under them do not violate legal regulations or common decency and do not infringe the rights of third parties.
This applies in particular to the legal regulations on provider identification, copyright, trademark, personality 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 content accessible under them for possible legal violations. After recognizing 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 immediately. 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 defense, including all court and legal 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 data concerned to our servers again free of charge.
(5) You shall ensure that the agreed data transfer volume (traffic) is not exceeded. Unless otherwise agreed, a traffic volume of 1 TB is permitted for an advertised flat rate. The traffic is to be treated as "fair use".
(6) You are obliged to cooperate within the scope of the contractual relationship. You shall provide the necessary cooperation immediately upon our first request
§ 6 Contract term, 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 specified in the respective offer), it shall be tacitly extended by the agreed basic term.
(2) The right to terminate without notice for good cause remains unaffected by this. 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. In the event of extraordinary termination by us, you are obliged to pay compensation.
§ 7 Right of retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 8 Liability
(1) We shall be liable without limitation for damages resulting from injury to life, body 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 the 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 shall be governed by the corresponding provision in our customer information (Part II).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and whose breach would jeopardize 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 execution of the contract possible in the first place and on whose compliance you may regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.
(6) You are obliged to provide us exclusively with image/video/sound material that is free of third-party rights. In this respect, you shall fully indemnify us against any third-party claims due to the infringement of intellectual property rights.
§ 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 afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing 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 appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the provider
Broll IT & Media GmbH
University Road 3
56070 Koblenz
Germany
Phone: +49 261 450 979 50
E-mail: info@broll-it.de
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available 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 contractual language is German.
3.2 In the case of requests for quotations, you will receive all contractual data as part 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 terms of payment
5.1 The prices stated in the respective offers are 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 When booking for the first time, the invoice amount must be settled within 14 days. In all other cases, the payment claims 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 our services after prior notice; this also applies to domains that were registered for the customer. The customer shall pay a processing fee of EUR 25 for such a blocking, unless he can prove that no damage or significantly less damage has been incurred in the individual case.
6. statutory liability for defects
The statutory warranty rights apply.
7 Contract term, termination
Information on the term of the contract and the conditions of termination can be found in the provision "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 were drawn up by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The
Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at:
http://www.haendlerbund.de/agb-service.
