(this is a translation of the original German and is provided for information purposes only – the German version is the legally binding version)
Terms and Conditions for Web Hosting and Service
Telephone: +49 (0) 30 54909877
Fax: +49 (0) 322 26400966
Tax number: 14/599/00577
Tax Office Friedrichshain-Kreuzberg
1. Terms of contract
1.1 The Company Jonathan Worth for webhosting and service – hereinafter referred to as provider – provides the services exclusively on the basis of these terms and conditions. Deviating purchase or other conditions of the contracting party – hereinafter referred to as customer – are hereby expressly contradicted.
2. Conclusion of the contract
2.1 By signing this document, the customer makes an offer to the provider to conclude a contract. He is in his bid for the duration of 4 Weeks after receipt of the contract tied to the provider.
2.2 The contract is concluded when the provider confirms the acceptance of the application in writing within the period stated in point 2.1 or the actual execution of the services starts.
2.3 The offers of the provider are always free and non-binding. The provider may make the conclusion of the contract dependent on the submission of a written proof of proxy, an advance payment or the guarantee from a German or a globally recognized and common credit institution.
3.1 A contract minimum term of 12 months is agreed.
3.2 Unless stipulated otherwise in the contract between the parties, the contractual relationship may be terminated after the expiry of any agreed minimum term with a notice period of 12 months at the end of the contract month. For special offers and special offers – especially offers with annual payment – different periods of notice may exist, as far as on the Internet pages or in the offer is pointed out.
The right to extraordinary termination for good cause remains unaffected.
3.3 Terminations must be made in writing in order to be valid.
4. Scope of services and obligations of the provider
4.1 The provider offers the customer access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, the maintenance and administration of data processing systems and communication infrastructures.
The details and scope of the services are concluded from the main written contract.
4.2 Insofar as the provider provides additional services and services outside the contractual agreement free of charge, these can be discontinued at any time. A reduction or claim for damages of the customer or a right of termination does not result.
4.3 The provider is entitled to change, reduce or supplement the service offered by the contract and to suspend access to individual services if and insofar as this does not significantly or materially affect the fulfillment of the purpose of the contract concluded with the customer.
4.4 Customers are to be informed in good time about changes according to point 4.3.
5. Duties and Obligations of the Customer
5.1 The customer is obliged to use the services of the provider properly. In particular, he is required to
a) inform the provider immediately about changes in the contractual basis
b) not to improperly use the access possibilities to the services of the provider and to refrain from illegal and / or illegal actions.
In particular, the customer is prohibited from
- to use the services of other providers of the provider services without authorization;
- Unauthorized use of services not agreed in the contract as well as passwords, e-mails, files or similar. to decrypt, read, or modify any other party to the Provider Services or the System Operator;
- distribute individual applications of licensed application software through the services of the provider unauthorized,
Interrupt or block communications services, such as overloads, as far as the customer is responsible;
- distribute or make accessible any illegal content of any kind via the provider’s services;
- this applies in particular to pornographic contents glorifying violence or those directed against the free democratic basic order or the idea of ??international understanding, such as National Socialist or terrorist content as well as for propaganda and features of unconstitutional parties, associations or their replacement organizations;
- to provide pornographic content to third parties or third parties for the purpose of sexual abuse of children or other legally protected persons.
- In the case of a contractual infringement (especially points above), the customer shall reimburse the material and personnel expenses incurred by the provider as well as any expenses incurred.
c) to ensure compliance with legal requirements and regulatory requirements, as far as they should be relevant at present or in the future for participation in the provider network;
d) to take into account and comply with the applicable data protection rules and recognized principles of data security;
e) to design its Internet sites in such a way as to avoid overloading the server with scripts or programs which require a high level of computing power or require an above-average amount of RAM;
f) immediately notify the Provider of any defects or damage (disturbance reports) and take all measures to enable the defects or their causes and causes to be identified or to facilitate and speed up the elimination of the disruption;
g) to replace the expenses incurred by the review of its facilities after issuing a fault notification of the provider, if and to the extent that it turns out after the examination that there was a fault in the area of ??responsibility of the customer (outside the defined scope of contract and services).
5.2 If the customer violates the obligations specified in paragraph 1.b) and 1.c), the supplier is entitled immediately and in all other cases except paragraph 1.g) after unsuccessful warning to cancel the contractual relationship without observing a deadline ,
5.3 Details of the interaction between the users can be arranged in partnership by means of a user code.
5.4 In the cases of paragraph 1.c), the Provider is authorized, in addition to the right to immediate termination, to block access to the services resulting from the scope of services with immediate effect upon notification of a breach by the Customer in the manner specified there.
6. Use by third parties
6.1 A direct or immediate use of the provider services by third parties is permitted. The customer may use, resell and sublet the services for his own purposes. The latter must properly instruct third parties in the use of the services. The customer is responsible to the supplier for the compliance of the contractual provisions by the third party in the same way as he himself would have to be responsible for their compliance.
6.2 The customer also has to pay the fees incurred by third parties within the scope of the access and use options made available to him. The same applies in the case of unauthorized use of the services by third parties, unless the customer proves that the unauthorized use was made by circumventing or canceling the security devices of the provider, without being responsible for these.
7. Terms of payment
7.1 Unless otherwise agreed in the contract, the provider invoices the customer for the agreed services at the respectively valid tariffs and / or fees and conditions plus the currently applicable value added tax of currently 19%. Fixed fees are billed annually in advance, from consumption-based fees at the beginning of the following month. The respective fees shall be due for immediate payment upon invoicing without deductions. The invoice amount must be credited to the account of the provider within 14 days after receipt of the invoice.
7.2 If the fee is to be paid regardless of consumption for parts of a calendar month, these will be charged for each day at 1/30 of the monthly fee.
7.3 Costs for the line and communication (telephone charges) between the customer and the point of connection of the provider shall be borne by the customer. Insofar as there are separate costs for a connection on the supplier side, these will be billed separately to the customer.
8. Right of set-off, right of retention and interruption of service
8.1 Against the claims of the provider, the customer can only offset with undisputed or legally established claims. The customer is entitled to assert a right of retention only because of such counterclaims, which result from the same contractual relationship as those claims against which the right of retention is countered.
8.2 Claims for damages due to delivery and service disruptions are excluded insofar as these are not the fault of the Provider due to intent or gross negligence.
8.3 Does the provider decline the availability of its services from over 95% on an annual average, the customer is entitled to reduce the monthly fees and charges accordingly from the time of entry until the loss of disability. A significant disability exists when
a) the customer for reasons that are not responsible for this or the third, no longer access the provider infrastructure and thus can no longer use the services listed in the contract and
b) the overall use of these services is significantly impeded or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
8.4 In case of failure of services due to an out of the responsibility of the provider interference is the reduction excluded. The same applies to the cancellation of services due to necessary business interruptions according to point 10 of the General Terms and Conditions.
9. Late payment
9.1 In case of late payment, the provider is entitled to default interest of? Recommended for trading transactions: 8? % above the respective legal basic interest rate p.a. to promote. If the provider is able to prove a higher damage caused by default, he is entitled to claim the damage. The customer is entitled to prove to the provider that as a result of the delay in payment no or a significantly lesser damage has occurred.
9.2 The Provider may extraordinarily terminate the contractual relationship without notice or assert a right of retention to the services incumbent on it – in particular interrupting the retrieval of the domains, the connection of the server to the network or the customer’s line connection – if this is due to the payment of the owed Amounts are wholly or partially in default for more than one month, the provider has warned the customer with a deadline and has pointed out the possible consequences of the termination and the right of retention.
9.3 The assertion of further legal claims remains reserved to the provider.
10. Availability of services
10.1 The Provider offers its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance will be announced as soon as possible. The provider will eliminate faults in his technical facilities within the existing technical and operational possibilities as quickly as possible and at a convenient time for the customer, for example at night.
10.2 No time is agreed for maintenance work.
11.1 The customer is hereby informed in accordance with § 33 paragraph 1 of the Federal Data Protection Act (BDSG) that the provider of personal data in machine-readable form and for tasks arising from the contract, processed by machine.
11.2 If the provider of third parties uses the services offered, the provider is entitled to disclose the subscriber data in compliance with the provisions of § 28 BDSG. Incidentally, the Provider shall be entitled to do so in cases in which the detection, limitation and elimination of faults and faults in the systems of the Provider as well as in the third-party systems used make the transmission of data necessary.
11.3 The provider declares that his employees, who work under this contract, have been committed to the data secrecy according to § 5 BDSG and the provider has taken the technical and organizational measures required by § 9 BDSG to implement the provisions of the BDSG to ensure.
12. Liability and limitations of liability
12.1 The provider is liable in cases of intent or gross negligence in accordance with statutory provisions. Liability for guarantees is independent of fault. For slight negligence, the provider is liable only according to the provisions of the product liability law, because of injury to life, limb or health or because of breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations, however, is limited to the contract-typical, foreseeable damage, insofar as liability is not due to injury to life, limb or health. The provider is liable to the same extent for the fault of vicarious agents and representatives.
12.2 The provision of the preceding paragraph (12.1) extends to damages in addition to the performance, the damages instead of the performance and the claim for compensation for futile expenses, for whatever legal reason, including liability for defects, default or impossibility.
13. Final provisions
13.1 Place of performance for all contractual services is the registered office of the provider in Berlin in the Federal Republic of Germany.
13.2 Contracts concluded on the basis of these General Terms and Conditions are exclusively subject to German law.
Regulations of the international uniform purchase law (UN purchase right) are – as far as permissible – waived.
13.3 The registered office of the provider shall be deemed to be the place of jurisdiction for all disputes arising from this contractual relationship with respect to fully commercial customers. This also applies to legal entities under public law or public law special funds. However, the provider is also entitled to sue at the domicile of the customer.