Terms of Service

Scope of these General Terms and Conditions, the conclusion of contracts

  1. These General Terms and Conditions apply exclusively. The terms and conditions of our contractual partner will not become part of the contract, even if we are aware of them unless we have expressly agreed to them. Our General Terms and Conditions shall also apply if we execute the contract knowing about conflicting, deviating or additional conditions of the contractual partner.
  2. Our offer to conclude a contract does not constitute a legally binding offer. When the customer places an order, he submits to us the offer to conclude a corresponding contract.

Use of our service

  1. The customer is not permitted to violate the rights of third parties or laws by using our services. Otherwise, the customer is obliged to indemnify us from third-party claims resulting from the violation. The indemnification claim also includes the reasonable costs of our legal advice and representation.
  2. We will inform the customer immediately if corresponding claims are made against us and allow them to participate in the defence of such claims at their own expense.

Availability

  1. Our services have an availability of 99 % per year. Availability is measured at the interface of the internet data centre used by us (“measuring point”).
  2. The following times shall not be taken into account for determining availability:
    • Unavailability that has been announced with a notice period of at least one week in the periods Monday to Friday between 6 pm and 8 am, on weekends and on national holidays;
    • Unavailability that has been announced with a notice period of at least 4 hours, if this is required at short notice to eliminate or avert significant risks to IT security or data protection. Unavailability may not exceed 8 hours per month.

Special stipulations for free use

  1. If we allow a customer to use our services free of charge, then the following stipulations apply which take precedence over the other provisions of these General Terms and Conditions in case of contradictions.
  2. The free version is made available to the customer as it is. We do not guarantee availability 24/7 and/or without errors.

Term and Termination

The contract can be terminated anytime by giving one month’s notice. The right to terminate for good cause remains unaffected.

Claims for defects

  1. The customer is entitled to statutory rights in the event of defects in the service, whereby we will decide whether to rectify the defect by means of repair or new delivery.
  2. Our strict liability for damages(Section 536a of the German Civil Code (BGB)) for defects existing at the time of conclusion of the contract shall be excluded unless we have guaranteed this feature (guarantee, Section 276 (1) of the German Civil Code (BGB)).
  3. A limitation period of one year shall be applied for claims for defects. This limitation does not apply to claims for damages due to the violation of claims for defects, insofar as the provisions on liability apply.

Liability

  1. Liability for intent and gross negligence is unlimited.
  2. In the event of a breach of essential contractual obligations due to simple negligence, liability shall be limited to foreseeable and contract-typical damages. 3.Essential contractual obligations are those whose fulfilment is essential for the proper performance of the Agreement and on whose fulfilment the injured party may regularly rely. The limitation period for claims under this paragraph is one year.
  3. Paragraph 2 shall not apply to claims arising from injury to body, health or life, in the event of fraudulent conduct, in the event of the assumption of a guarantee, in the event of liability for initial incapacity or impossibility for which we are responsible as well as for claims under the Product Liability Act.
  4. Liability shall otherwise be excluded, irrespective of the legal grounds.

Final Provisions

  1. This contract contains all agreements of the parties to the subject matter of the contract. Any deviating ancillary agreements and previous agreements to the subject matter of the contract are hereby invalid.
  2. Changes and amendments to this contract must be made in writing unless a stricter form is required by law. This will also apply to any waiver of the requirement to use the written form.
  3. General terms and conditions of the customer will not apply to this contract. This also applies if the reference has been made to their inclusion in subsequent documents relating to this contract.
  4. Should any provision of this contract be or become completely or partially invalid, void, or unenforceable, or should any requisite provision not be provided, then the validity of the remaining provisions in this contract shall not be affected.
  5. This contract is subject to the law of the Federal Republic of Germany. Private international law shall not apply insofar as it is modifiable.
  6. The sole place of jurisdiction for all disputes arising in connection with this agreement is our registered office. We are also entitled to assert claims against the customer at one of their statutory places of jurisdiction.

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