§ 1 General
(1) These terms and conditions apply to all legal relationships of the company WUM Solution UG (Haftungsbeschränkt), Chief Executive Officer Marcel Ugurcu, Wurster Landstr 16, in 27607 Geestland Germany, hereinafter referred to as "Webhosting", towards its customers.
(2) Deviating regulations of the customers do not apply, unless webhosting has confirmed this in writing. Individual agreements between webhosting and the customer always have priority.
(3) The business relations between web hosting and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(4) The customer can view, save and print out the order summary as well as these general terms and conditions. Incidentally, the contract is not stored by the provider after conclusion of the contract and is therefore not accessible. The contract language is German.
(5) Jurisdiction is Geestland, as far as the customer is a merchant or a legal entity under public law or public law special fund. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the complaint is filed.
(6) Consumers have the opportunity to use alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as the central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.
(6) Information required. Consumer Dispute Settlement Act (§36 VSBG): Web hosting is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
§ 2 Subject of the service
(1) Webhosting offers through the website www.wum-solution.de Customer's permission to use server space in the server systems of web hosting to operate a website and / or the use of e-mail inboxes.
(2) The customer is entitled to freely use this storage space within the scope of the purpose of the contract and in accordance with the following provisions. The customer is responsible for uploading the data, unless otherwise agreed.
(3) Web hosting offers the use of services in different rates. The details, in particular memory size, number of e-mail addresses and combinability of offers are presented on the website.
(4) As an additional service Webhosting offers on request a paid online remote maintenance service (EDP service). Technical support services are not included in the offers and will be charged separately.
(5) Insofar as webhosting provides additional services and services outside of the contractual agreement free of charge, these can be discontinued at any time. A claim for continuation of these services does not exist, likewise no reduction or damage claims.
§ 3 Services and obligations of web hosting, availability of services, maintenance
(1) Web hosting gives the customer storage space on any storage device of web hosting for use. Webhosting is entitled to make its physical server available to other customers. However, the storage space provided to the customer under the contract is separated so that it appears to a third party as an independent server (so-called virtual server). The content stored on the server is backed up daily to backup machines. There is no guarantee for a successful backup to the backup server.
(2) The upload of data to the virtual server takes place via ftp.
(3) The customer receives access to the virtual server in order to save, change, supplement or delete his Internet pages and e-mails. For this webhosting assigns username and password.
(4) Webhosting undertakes to provide the connection and to make reasonable efforts to establish the connection to the Internet, so that the virtual server can be addressed for incoming inquiries and the customer's data retrievable, as well as existing functions of the website customer data can be stored. Web hosting points out that limited access to the Internet and performance can not be achieved due to limited capacity and speeds. Webhosting therefore assumes no obligation to ensure the existence of a specific data transmission rate at all times.
(5) Access restrictions in the usual framework do not constitute a violation of the obligation to pay for web hosting. Web hosting will immediately eliminate disruptions to its technical facilities within the scope of the existing technical and operational possibilities. Necessary business interruptions for preventive or necessary maintenance work will be announced as soon as they become known as soon as possible.
§ 4 Domain
(1) Insofar as the procurement and maintenance of domain names is the subject of the contract, the registration takes place at a suitable place to be freely selected by webhosting as an accredited registrar, intermediate registrar or directly. When procuring and / or maintaining Internet domains, web hosting acts only as a mediator between the customer and DENIC or any other domain-awarding organization. The different top-level domains are managed by a large number of different, mostly national organizations. Each of these domain-assigning organizations has set up different conditions for registering and managing the top-level domains, their sub-level domains, and how they handle domain disputes. Insofar as top-level domains are the subject of the contract, the corresponding terms and conditions of the respective organization apply in addition. As far as .de domains are the subject of the contract, apply next to DENIC-domain Terms and conditions and the DENIC-domain Guidelines.
(2) Web hosting has no influence on the domain assignment of such agencies. Webhosting does not warrant that the domains requested for the customer will be assigned at all and / or allocated domains are free of third party rights or permanent.
(3) The customer guarantees that the domain requested by him does not violate the rights of third parties. This applies in particular with regard to brand names, company and name rights as well as industrial property rights. The customer further assures that the requested domain and / or its use violates neither criminal and / or fines regulations nor violates other legal regulations. The customer indemnifies Webhosting as well as other persons involved in the registration process and ongoing domain maintenance from claims for damages by third parties as well as all expenses resulting from the improper use of a domain name by the customer or with the customer's approval.
§ 5 conclusion
(1) The contract is concluded with the acceptance of the customer's order on the website through webhosting. Before ordering, the customer must register in the online shop and indicate whether he is a consumer or an entrepreneur. Pricing awards in the online shop do not constitute an offer in the legal sense. Before a binding submission of his order, the customer can correct all entries continuously using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions. Webhosting is entitled to accept the offer submitted by the order within 2 days by sending an order confirmation. The receipt and acceptance of the order will be confirmed to the customer by e-mail. With this confirmation Webhosting sends the customers who have registered as a consumer, the contract text and these terms and conditions, including the cancellation policy.
(2) A customer also has the option of requesting an e-mail from Webhosting for a specific service. After receiving such a request, Webhosting will make a separate offer to the customer by e-mail. A contract is only concluded when the customer accepts this offer.
§ 6 terms of payment
(1) Unless agreed otherwise in the contract, the services offered by Webhosting are subject to the prices stated on the website. These result from the current price overview.
(2) The respective fees shall be due for immediate payment upon invoicing without deduction. Unless otherwise agreed, the billing is determined by the tariff ordered (according to the current price list), but at least quarterly, for domains annually. The calculation of the first month is proportional to the beginning of the contract, for each day will be proportionally calculated 1/30 of the monthly price.
(3)Line and communication costs (telephone charges) between customers and the connection point to webhosting are borne by the customer.
(4) The prices quoted are, unless expressly stated otherwise, gross, including the applicable value added tax.
(5) The fee is payable within 10 days of invoicing. Payment of the payment is made in advance (at the request of the customer by bank transfer or payment via PayPal).
(6) Webhosting is entitled to make the activation of a domain only after payment of the agreed fees for registration.
(7) If a customer defaults on its payment obligations, webhosting is entitled to charge default interest amounting to 5 percentage points above the respective legal basic interest rate p.a. to promote. The assertion of further claims due to late payment remains reserved to webhosting. In particular, web hosting is not obliged to provide further advance payments if the customer defaults on at least one monthly basic fee for at least four weeks.
(8) Web hosting always issues users an invoice that is sent to them in text form (via e-mail) confirming the order in question.
§ 7 Term, contract termination, termination
(1) The minimum contract period is 6 months. For the booking of domains it is one year.
(2) If the contract is concluded for a certain period of time or if a minimum contract period has been agreed with the customer, the contract will be extended by the agreed time or minimum term, but not by more than one year, unless it has four weeks to expire at the respective time or the expiry of the minimum contract term is terminated.
(3) After expiry of the minimum contract period, the contractual relationship can be terminated by both parties with a notice period of 30 days to the end of the month.
(4) An indefinite contractual relationship may be terminated by both parties without giving any reason with a notice period of 30 days to the end of the month.
(5) For special offers and promotions (especially offers with annual payment) may apply different notice periods, these will be noted separately before conclusion of the contract.
(6) Webhosting is entitled to release the domain of the customer after termination of the contract. At the latest with this release all rights of the customer from the registration expire.
(7) After termination of the contract, unused compensation will be reimbursed pro rata to the customer. All data will be blocked after termination or expiry of the service period and finally deleted after 4 weeks. The customer is responsible for the preparation of backup copies of emails and website data, as well as for server relocation to another provider.
(8) The right to extraordinary termination for good cause remains unaffected.
(9) Terminations require the written form to be effective.
§ 8 Retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) The Customer grants Webhosting to its data the copyrights and other rights required to perform this Agreement.
(2) The customer assures that the web hosting provided by him data is correct and complete. He undertakes to inform Webhosting immediately about any changes in the data provided and to confirm the current accuracy again within 15 days of receipt of the request from Webhosting.
(3) The customer is obliged to use the web hosting services properly and appropriately. In particular, he is required to
a. not to misuse access to the webhosting services and to refrain from any legal and / or illegal actions. The customer is in particular prohibited to use the services of other participants of the web hosting services without authorization, not to use unauthorized services agreed in the contract between web hosting and the customer, passwords, e - mails, files or similar. to decrypt or read from other participants of the web hosting services or the system operator, to unauthorizedly distribute individual applications of licensed application software via the webhosting services, to interrupt or block communication services, for example by overloading, as far as the customer is responsible, punishable To disseminate or make accessible content of any kind via webhosting services. This is especially true for pornographic, glorifying violence content or those that are directed against the free democratic basic order or the idea of international understanding, as well as for propaganda and features of unconstitutional parties and associations or their replacement organizations to provide pornographic content to themselves or third parties, the sexual abuse of To children. The customer is also prohibited from sending mass emails or spam emails from an account in web hosting to recipients without their explicit consent.
b. ensure compliance with regulatory and regulatory requirements, as far as they should be relevant to the use of webhosting services now or in the future;
c. take into account and comply with the applicable data protection rules and accepted data protection principles. The Customer has checked at reasonable intervals from the Internet uploaded data that are accessible to third parties for their legality. If the customer does not delete or block such data without delay, he has to represent the content in relation to web hosting like his own data. The customer is also obliged to protect his computer and his software by appropriate and up-to-date virus software. The customer will inform Webhosting immediately if there are indications that the access data / passwords are known to unauthorized third parties;
d. Webhosting to immediately disclose any defects or damage (disturbance alerts) and to take all measures to facilitate detection of the deficiencies or damages and their causes or to facilitate and speed up the elimination of the disruption;
e. after submitting a malfunction report Webhosting to replace the expenses incurred by the review of its facilities, if and as far as 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).
(4) If the customer violates the provisions of paragraph 3 lit. a) and b) webhosting is entitled immediately and in other cases after unsuccessful warning to terminate the contract without notice.
(5) In the cases of paragraph 3 lit. b) webhosting is authorized in addition to the right to termination without notice to block access to the service resulting from the scope of service with immediate effect upon notification of a breach of the customer in the manner out there.
(6) It is the customer's responsibility to make sufficient backup copies of his web pages and other data. If the website transfers the data of the users of his Internet offer to the customer or he otherwise has access to this data, the customer is responsible for the regular backup of this data, whereby data stored on the servers of Webhosting may not be stored on this server. The customer must carry out a complete data backup, in particular before any start of work of web hosting or before the installation of delivered hardware or software. The customer is expressly advised that even minor changes to the software can affect the running of the entire system. The data countermanding through web hosting is chargeable, for this purpose, a separate agreement is made.
(7) The customer is obliged to comply with the provisions of the provider identification. § 5 TMG, and all other applicable provisions in the currently valid version.
§ 10 Use by third parties
The resale of the storage space to third parties, so-called reselling, is only permitted with the prior express written consent of Webhosting. In the case of agreement, the provisions of these terms and conditions shall be imposed on the third party. The customer is responsible to Webhosting for compliance with these terms and conditions by the third party in the same way as he himself would have to be responsible for their compliance.
§ 11 Blocking access through webhosting
Webhosting is entitled to temporarily suspend the connection of the server to the Internet (blocking of the website) if it becomes aware that the contents are illegal or there is sufficient suspicion of illegality. A reasonable suspicion of illegality is given, in particular, if web hosting received a warning from the allegedly injured or otherwise for illegality of the discontinued content is claimed to omission and the warning and / or the injunction are not obviously unfounded. If possible, the customer must first be heard, otherwise be notified immediately. The blocking has to be limited to the possibly illegal contents, as far as this is technically possible and reasonable.
§ 12 Liability and exemption obligation of the customer
(1) As soon as the customer recognizes a violation of the law of third parties or if he has any indications, he is obliged to inform Webhosting immediately. The Customer undertakes to indemnify Web Hosting against any and all claims made in connection with the use of the services of Web Hosting by the Customer against Web Hosting, in particular for possible violations of the rights of third parties or against legal regulations. Furthermore, the customer is obliged to pay for all other damages and expenses incurred by the webhosting in connection with a contractual or illegal use of its services by the customer, in particular by the assertion of claims for possible breaches by third parties. In particular, the indemnity obligation also includes the obligation to indemnify web hosting from necessary legal defense costs.
(2) The customer is liable for all consequences and disadvantages, the web hosting or third parties, through the improper or illegal use of the web hosting services or the fact that the customer does not fulfill his other obligations.
§ 13 Liability for material and legal defects
(1) Webhosting warrants the functionality of the server under the terms specified in the contract. As far as web hosting provides the customer storage space in its server facilities, a strict liability for initial defects is excluded. Otherwise, the warranty is provided by removal of defects.
(2) If a disruption to the webhosting services that is significant exceeds one week and an actual outage period of more than one business day is reached, the customer is entitled to charge the monthly fees and charges from the time of occurrence until the incapacity ceases to reduce. A significant disability exists when
a. the customer for reasons that he is not responsible for or by third parties, no longer access the web hosting infrastructure and thus can no longer use the services listed in the contract and
b. Overall, the use of these services is significantly more difficult or the use of some of the services listed in the contract is impossible or comparable restrictions exist.
(3) Failure to provide services due to a disruption beyond the responsibility of webhosting will result in no reduction. The same applies to the loss of services due to necessary business interruptions (maintenance) acc. § 3 of the Terms.
(4) Web hosting is not responsible for the data of the customer, in particular the proper functioning of the website within the server and system environment of web hosting. Insofar as the website makes demands on the server or the pre-installed software beyond the contractually agreed server configurations, it is the customer's responsibility to ensure that these requirements are met. Webhosting reserves the right to refuse the implementation of such requirements or to make it dependent on further, even for the customer fee, technical changes.
(5) It is the customer's responsibility to immediately report any incidents that may be caused by webhosting, and to provide reasonable support to webhosting in identifying and remedying the causes, and to take all reasonable measures to prevent and mitigate the damage ,
§ 14 limitations of liability
(1) Insofar as telecommunications services are provided to the public on the basis of this contract (§3 no. 24 TKG), the provider is liable in accordance with limited. §44a TKG.
(2) Outside the scope of § 44a TKG web hosting is liable for material and legal defects in accordance with statutory provisions.
(3) Apart from the liability according to paragraph 1 and outside the liability for material and legal defects, web hosting is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Webhosting is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (duties whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly trusts) , but only for the foreseeable, contract-typical damage. Web hosting is not liable for the slightly negligent violation of other duties.
(4) The limitations of liability of the preceding paragraph do not apply to injury of life, body and health, for a defect after assuming a guarantee for the condition of the product and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(5) If the liability of web hosting is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
§ 15 Confidentiality / Privacy
(1) Web hosting treats confidentially any information it receives from the client before and under the contract. Webhosting declares that its employees who work under this contract rely on the privacy of the data. § 5 BDSG have been committed and Webhosting has taken in accordance with § 9 BDSG necessary technical and organizational measures to ensure the execution of the provisions of the BDSG.
(2) The customer is aware of and agrees to the personal data required for the execution of the contract being stored by web hosting on data carriers. The customer expressly agrees to the collection, processing and use of his personal data. The stored personal data will of course be treated confidentially by webhosting. The collection, processing and use of personal data of the customer takes place in compliance with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(3) The customer has the right to revoke his consent at any time with effect for the future. Webhosting is in this case obliged to immediately delete the personal data of the customer, but not before the termination of the contract.
(4) Insofar as web hosting makes use of the services offered by third parties, webhosting is entitled to disclose customer data in compliance with the provision of § 28 BDSG. For this purpose, web hosting is also authorized in cases in which the detection, limitation and elimination of faults and errors in the systems of web hosting as well as in the used third-party equipment requires the transmission of data.
(5) Web hosting expressly informs the customer that data protection for open network communications, such as the Internet, can not be fully guaranteed by the current state of the art. The customer knows that the provider can view the page offer stored on the web server and, under certain circumstances, also other data stored there by the customer from a technical point of view at any time. Other participants in the Internet may also technically be able to intervene illegally in network security and to control the message traffic. The customer is fully responsible for the security and security of the data transmitted by him to the internet and stored on web servers.
(6) Web hosting uses so-called cookies as well as Google Analytics, a web analytics service provided by Google Inc. ("Google"). Cookies are text files that are stored on the user's computer and that allow an analysis of the use of the website by the user. The information generated by the cookie about the use of this website (including your IP address) is partly transmitted to a server of Google and stored there. However, if IP anonymisation is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. Google will use this information for the purpose of evaluating the use of the website, compiling reports on website activity for the provider and providing other services related to website activity and internet usage. The IP address submitted by Google's browser as part of Google Analytics will not be merged with any other data provided by Google. Users can prevent the storage of cookies by setting their browser software accordingly; However, web hosting points out that the user in this case may not be able to use all the functions of the website in full. Users may also prevent the collection of the cookie-generated and website-related information (including your IP address) to Google and the processing of such data by Google by downloading the plug-in available at the link below and install: (http://tools.google.com/dlpage/gaoptout?hl=en). In view of the discussion about the use of analysis tools with complete IP addresses, Webhosting points out that the website uses Google Analytics with the extension "_anonymizeIp ()" and therefore IP addresses are only shortened to exclude a direct personal reference.
§ 16 Severability clause
If one provision of this contract is invalid, the remaining provisions remain unaffected. The ineffective provision shall be deemed replaced by one which comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible regulation gaps.
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date of the contract.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns (WUM Solutiom, Wurster Landstr 16 , 27607 Geestland, Germany, E-Mail firstname.lastname@example.org) by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
The right of revocation expires if we have provided the service completely and have started to perform the service only after you have given your express consent and at the same time have confirmed your knowledge of the fact that you lose your right of revocation in full performance of the contract by us.
If you want to revoke the contract, please fill out this form and send it back to:
Wurster Landstr 16
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service(*)
- Ordered on (*) / received on (*): _____________________________________
- Name of the consumer: _____________________________________
- Address of the consumer: _____________________________________
Signature of the consumer (only when notified on paper)
(*) Delete as appropriate.