Terms and Conditions
General Terms and Conditions of Business
I. General
The following General Terms and Conditions (GTC) are part of all contracts with Peer Heuser, Bergstraße 15, 54318 Mertesdorf / Trier, Germany (hereinafter referred to as Provider). Deviating GTCs of the contractual partner shall not become part of the contract.
II Description of Services
A) With the acceptance of the order and the allocation of storage space and login data, a contract for the use of the service is concluded. The prerequisite for the use of the service is Internet access with the necessary facilities.
B) The Provider will only act as an intermediary when applying for and allocating the domain name with a domain allocation organisation. The contracts with these organisations exclusively entitle and oblige the customer. The data for the registration of domain names are transmitted to the respective NIC. The customer can only assume the actual availability and allocation of the domain name once this has been confirmed by the respective NIC. The Provider has no influence on the registration of domain names. Any liability and warranty for the allocation of the ordered domain names on the part of the provider is excluded. The customer is obliged to check whether the name of the desired domain name is already registered as a trademark/trademark. The Provider is not obliged to carry out any check. The service provision is already rendered by the Provider with the sending of the application to the respective NIC.
C) Unless otherwise agreed in writing, the Provider may also have the services provided by employees or third parties.
III Term of Contract, Termination
With the exception of the information marked in the offer, the contract is concluded for twelve months and may be terminated thereafter at any time with 30 days' notice before the end of the interval. The contract is automatically extended by a further year or by the term stated in the offer. A refund of the amounts, in particular the setup fees, will not be made. In the event of increased data flow / traffic demand, the Provider is free to terminate the contract without notice.
IV. Offers and prices
All offers are subject to change and non-binding. The server hardware and software remains the property of the Provider or our contractual partners. Price increases during the minimum term are excluded. Included in the services is a free email support, which is exclusively limited to the maintenance of the virtual server.
V. Terms of payment
The Provider may settle the invoice amount in EURO. The amount will be debited from the customer's account for twelve months in advance. Excluded from this are the set-up fee and the minimum contract period. These shall be due in one amount upon activation of the domain. If the customer is in arrears with his payments, the Provider is entitled to block access to the virtual server until the outstanding amount has been received, or to terminate the contract without notice and to charge the customer for the costs incurred as a result. In addition, the Provider may assert a possible claim for damages. In the event of default of payment, the domain name shall become the property of the Provider and may be deleted by the Provider. All additional services ordered by the customer are due immediately.
VI. data protection
The Customer indemnifies the Provider against all claims of third parties with regard to the data provided. The Provider is not responsible for the data backup of the files stored on the virtual server. Insofar as data is transferred to the virtual server, the customer shall make backup copies. The customer receives a login name and a login password for the maintenance of his offer. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorised use of the password. The customer is aware that, due to the structure of the Internet, it is possible to intercept transmitted data; the customer accepts this risk.
VII. Published contents, mass mailings, mailing campaigns via electronic mail
The customer releases the provider from any liability for the content of websites transmitted to the virtual server and assures that he will not use the virtual server to store or distribute obscene, erotic, pornographic, threatening or defamatory material. He will not violate any trademark, patent or other rights of third parties with his offer. The customer is responsible for the content of the pages. The Provider may terminate the contract without notice and block the virtual server immediately if the content of the pages violates applicable law, represents third parties negatively or causes public offence (pornography etc.). There is no obligation on the part of the provider to check the pages of the client. The client is obliged to make an imprint accessible to every visitor. The Provider reserves the right to block the Client's offer if the Client installs programs on his virtual server which may impair the server's operating behaviour. The customer undertakes not to send any advertising circulars or mass mailings (mailing campaigns) via electronic mail via e-mail addresses of his domain without having been requested to do so by the e-mail recipients. The customer may not offer any files for download without prior agreement with the Provider. The Provider reserves the right to block the virtual server temporarily or in the long term in the event of a breach and to charge the Customer for the costs incurred as a result. In the sense of the above paragraph, the customer is also responsible for the corresponding web space accounts of his customers. Unless expressly permitted in the offer, the subleasing (reselling) of the accounts Unless otherwise described in the offer, the customer may only have one Internet domain directed to his account. The customer is expressly prohibited from publishing erotic materials, in particular pictures, videos and audio files. It is prohibited to store image/video files on the server that depict unclothed persons. In the event of a violation, the customer shall pay the costs for the data transfer in full.
VIII. Liability, claims for damages
A) The Provider does not guarantee that the virtual server is suitable or permanently available for a certain service or a certain software. The service of the provider is the provision of the storage space. The Provider is not liable for malfunctions within the Internet. The Provider accepts no liability for damage or consequential damage caused directly or indirectly by the virtual server. The Provider is not liable for the allocation or availability of the ordered domain names by the respective NIC.
B) In the event of a breach of essential elements of the contract, liability in the case of simple negligence for financial loss is limited to 550 euros in terms of amount and to foreseeable, direct damage in terms of type. Any further liability is otherwise excluded.
C) The customer is aware that his web space account with its own domain on the virtual server (virtual host) can only be accessed with browsers that adhere to the current HTTP specifications. These include, for example, current versions of Netscape (r) and Microsoft (r). The customer is aware that the time for a domain registration or activation cannot be fixed or guaranteed by the provider. If the Provider is instructed to take over an already existing domain and if this change is rejected by the NIC, the Customer shall bear the costs incurred according to DENIC's price list (http://www.denic.de). By requesting the domain change, the Provider has fulfilled his obligation to register the domain.
IX. Place of jurisdiction, applicable law
A) The place of jurisdiction is Trier.
B) The contract is subject to the law of the Federal Republic of Germany.
X. Data protection
The customer agrees to the storage of personal data (inventory data). He agrees to the publication of his domain name and address on the Internet in the Provider's search engines. The customer may object to such use of his data. The Provider undertakes to provide the Customer with information on the stored data free of charge at any time, insofar as this relates to the Customer. The Provider will not pass on or sell personal data to third parties. The Provider may make personal data available to government agencies.
XI. Severability Clause
If any clause of these Terms and Conditions is invalid, this shall not affect the validity of the other clauses. If a clause of these terms and conditions is invalid in only one part, the other part shall remain valid. The parties are required to replace an invalid clause with a valid substitute provision that comes as close as possible to the economic purpose of the invalid contractual provision.
Status: 01 November 2021
