§1 Preamble and scope
(1) The following general terms and conditions (GTC) apply to all business relationships between the customer and the server discounter
(2) The version of these General Terms and Conditions that is valid at the time the contract is concluded is decisive. .
The General Terms and Conditions can be freely viewed at any time on the Internet under the URL http://serverdiscounter.com/agb/ and are available for printing or downloading.
(3) Customers within the meaning of these General Terms and Conditions can be both consumers and entrepreneurs.
(4) A consumer within the meaning of the GTC is, in accordance with § 13 BGB, any natural person who concludes a legal transaction with Serverdiscounter for a purpose that can be attributed neither to their commercial nor their self-employed professional activity.
(5) Entrepreneur within the meaning of the GTC is, according to § 14 BGB, a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction with Serverdiscounter, acts in the exercise of their commercial or self-employed professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities. A customer who represents a public special fund is also considered an entrepreneur in this sense.
§2 Subject matter of the contract and conclusion of the contract
(1) Serverdiscounter provides web hosting services as a full-service provider. The specific scope of services of the server discounters result from the respective service description on the website of the server discounter.
(2) The service descriptions contained on the website do not constitute binding offers for the conclusion of a contract.
The customer, on the other hand, can submit a binding offer to conclude a hosting contract by selecting the specific service package by using the online order form provided by the server discounter. When ordering via the online order form, the customer can first select the desired service package and, if necessary, select additional services.
After the desired services have been selected, the customer then clicks on the "Buy" button after entering the contractually relevant data and selecting the desired payment method in order to place a binding order. As part of the online order form, the customer must confirm these terms and conditions. After clicking the "Buy" button, the input errors can no longer be corrected.
Serverdiscounter can accept the customer's contract offer by means of a written or electronically transmitted order confirmation or by providing the services.
The contract is therefore concluded by the customer making an offer and accepting this offer by the server discounter.
(3) Before the binding submission of the order, the customer can correct his entries at any time by using the usual mouse and keyboard inputs as well as by using the forward and back buttons of the browser.
(4) Serverdiscounter is entitled to subsequently change the content of this contract with the consent of the customer, provided that the change is reasonable for the customer, taking into account the interests of Serverdiscounter. The consent to the contract change is deemed to have been granted if the customer does not object to the change within four weeks of receipt of the notification of the change. The notification of change will be sent to the e-mail address specified by the customer when the contract was concluded or by post. The server discounter undertakes to inform the customer of the consequences of failure to object with the change notification. If the changes are made to the detriment of the customer, the customer can terminate the contractual relationship without notice within one month of receipt of the change notification.
§3 Cancellation policy for consumers according to § 1 item 4
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The withdrawal period is fourteen days from the date of the conclusion of the contract.
In order to exercise your right of withdrawal, you must send us
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by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of Withdrawal
If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract.
§4 Special Provisions for the Commissioning and Registration of Domains
(1) If the customer has also commissioned the registration of domains with the server discounter, the contractual conditions of the respective registry also become part of the contract. When commissioning top-level domains, the corresponding allocation conditions for the respective top-level domains also apply. When commissioning .de domains, the domain conditions of Denic eG apply. The respective award conditions can be viewed at the awarding authorities and organizations. As part of the commission for the registration of domains, the server discounter only owes the application for the domain to the issuing organization or registration office. The server discounter only acts as an intermediary within the framework of the allocation of domains. In particular, Serverdiscounter has no influence whatsoever on the allocation of domains, which is why Serverdiscounter cannot assume any liability for the fact that the desired domain can be allocated to the customer by the registry or is free of third-party rights.
(2) The server discounter registers in the name and on behalf of the customer. The customer is entered as the domain owner and admin c of the respective domain.
(3) If the registry increases the prices for the provision of domains, Serverdiscounter is entitled to adjust the prices from the effective date of the increase by the registry. The server discounter undertakes to inform the customer immediately about the time and extent of the price increase. After the price increase has taken place, the customer has a special right of termination for a period of 2 weeks to the end of the respective month.
(4) When ordering a domain registration, the customer guarantees that the requested domain does not infringe the rights of third parties and does not violate applicable law. The customer releases the server discounter from all claims by third parties which are asserted against the server discounter due to an alleged infringement of the law due to the domain.
(5) In the event of seizure or other loss of the domain, the customer undertakes to inform the server discounter immediately.
(6) In the context of transferring the domain to another provider, deleting or changing the domain, the customer agrees to cooperate to the extent necessary, in particular to immediately submit the declarations of intent required to the registry.
(7) As part of the registration, the customer must provide all necessary information immediately and truthfully. Any costs incurred as a result of incorrect or inaccurate information provided by the customer must be borne by the customer himself. In this case, the customer must also reimburse the server discounter for the expenses incurred in connection with the registration.
(8) If a third party credibly invokes rights to domain names, Serverdiscounter can block the customer's content until judicial clarification. The customer hereby agrees.
(9) If the customer terminates the contract before the end of the RegPhase (registration), the customer must reimburse the registration costs for one year in accordance with the valid price list.
(10) Serverdiscounter is not obliged to check the content of our customers for possible legal violations.
§5 Prices and Payment
(1) All prices are in euros including the statutory value added tax of the Federal Republic of Germany.
(2) The statutory rules regarding the consequences of default in payment apply.
(3) Serverdiscounter reserves the right to change the fees. The customer will be informed of changed fees at least 4 weeks before they come into effect at the e-mail address given when ordering. Increases in fees result in an extraordinary right of termination for the customer with a notice period of 2 weeks. Increases in fees known at the time the order is placed (e.g. the expiry of the temporary reduction in fees for new customers) do not require separate notification and do not justify a special right of termination.
(4) The following payment methods are currently possible:
§6 Response times and interference suppression
(1) Without an SLA contract: Without an SLA contract, customers are cleared from Monday to Friday (excluding public holidays) with a response time of within 24 hours. The hotline is staffed Monday to Friday from 10 a.m. to 18 p.m
(2) SLA8h: Customers with an SLA8h contract are repaired Monday - Sunday with a guaranteed response time of 8 hours. The hotline is staffed 24/7.
(3) SLA4h: Customers with an SLA4h contract are repaired Monday - Sunday with a guaranteed response time of 4 hours. The hotline is staffed 24/7.
(4) SLA1h: Customers with an SLA1h contract are repaired Monday - Sunday with a guaranteed response time of 1 hour. The hotline is staffed 24/7.
§7 Customer obligations
(1) The customer is obliged to provide the necessary data completely and correctly and to notify changes immediately. This applies in particular to address data, bank details and e-mail addresses
(2) The customer undertakes to change assigned passwords immediately. He is responsible for choosing and using secure passwords. The customer carefully manages his passwords and other access data and keeps them secret. He is also obliged to pay for those services that third parties use or order using his access data and passwords, insofar as he is responsible for this.
(3) The customer is obliged to set up his systems and programs in such a way that neither the security, the integrity nor the availability of systems, networks and data from Serverdiscounter or third parties are impaired.
(4) For certain servers, the customer alone has administrator rights. Serverdiscounter cannot manage these servers. It is therefore the customer's responsibility to install security software, to obtain regular information about known security gaps and to close known security gaps. The installation of maintenance programs or other programs.
(5) Offers with a traffic flat rate are fair use volumes. The customer is obliged to ensure that the agreed data transfer volume
is not exceeded. Otherwise, Serverdiscounter reserves the right to throttle the server to 10Mbit/s. Unless otherwise agreed, a limit of 10Mbit/s applies from a volume of 10TB / month. All traffic without a traffic flat rate such as colocation tariffs are excluded from this.
(6) The customer is responsible for securing his data in the form of his own backups, Serverdiscounter assumes no liability for data loss. Excluded here are systems with maintenance contracts between the server discounter and the customer.
(7) The use of the services of Serverdiscounter, to spread malware or abusive botnets, to send spam messages or for phishing, for trademark and copyright infringement or piracy, fraudulent or misleading practices, product counterfeiting or other behavior, that violate applicable law is prohibited.