§1 Preamble and scope of application
(1) The following General Terms and Conditions (GTC) apply to all business relationships between the customer and Serverdiscounter
(2) The version of these GTC valid at the time the contract is concluded shall apply. .
The GTC can be freely viewed at any time on the Internet at the URL http://serverdiscounter.com/agb/ and are available for printing or downloading.
(3) Customers within the meaning of these GTC 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 cannot be attributed to their commercial or independent professional activity.
(5) An entrepreneur within the meaning of the GTC is a natural or legal person or a partnership with legal capacity in accordance with § 14 BGB (German Civil Code), which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction with Serverdiscounter. A partnership with legal capacity is a partnership that has the ability to acquire rights and incur liabilities. An entrepreneur in this sense is also a customer who is a public special fund.
§2 Subject matter and conclusion of contract
(1) As a full-service provider, Serverdiscounter provides web hosting services. The specific scope of services of the server discounters can be found in the respective service description on the website of the server discounter.
(2) The service descriptions contained on the website do not constitute binding offers to conclude a contract.
The customer, on the other hand, can submit a binding offer to conclude a hosting contract by selecting the specific service package using the online order form provided by Serverdiscounter. When ordering via the online order form, the customer can first select the desired service package and choose any additional services required.
Once 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. The customer must confirm these T&Cs as part of the online order form. After clicking the “Buy” button, the input errors can no longer be corrected.
Serverdiscounter can accept the contract offer of the customer by a written or electronically transmitted order confirmation or by providing the services.
The contract is therefore concluded by the customer’s offer and acceptance of this offer by Serverdiscounter.
(3) Before the binding submission of the order, the customer can constantly correct his entries by using the usual mouse and keyboard entries 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. Consent to the contract amendment shall be deemed to have been given if the customer does not object to the amendment within four weeks of receipt of the amendment notification. The notification of change shall be sent to the e-mail address provided by the customer upon conclusion of the contract or by post. Serverdiscounter undertakes to inform the customer of the consequences of failing to object with the notification of change. If the changes are made to the detriment of the customer, the customer may terminate the contractual relationship without notice within one month of receipt of the notification of change.
§3 Cancellation policy for consumers according to § 1 No. 4
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us
Metaliance ISP Systems e.k
Friedrichstrasse 123
10117 Berlin
Phone:+49 (0)30513008190
Fax:+49 (0)30513008199
eMail: info(at)serverdiscounter.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
§4 Special provisions for the commissioning and registration of domains
(1) Insofar as the customer has also commissioned the registration of domains with Serverdiscounter, the contractual terms and conditions of the respective registries also become part of the contract. When ordering top-level domains, the corresponding allocation conditions for the respective top-level domains also apply. The Domain Terms and Conditions of Denic eG apply to the assignment of .de domains. The respective terms and conditions can be viewed at the respective registries and organizations. As part of the commissioning of the registration of domains, Serverdiscounter only owes the application for the domain to the awarding organization or registry. Serverdiscounter only acts as an intermediary in the allocation of domains. In particular, Serverdiscounter has no influence on the allocation of domains, which is why Serverdiscounter cannot assume any liability that the desired domain can be assigned to the customer by the registry or is free of third-party rights.
(2) The registration is carried out by Serverdiscounter in the name and on behalf of the customer. The customer is entered as the domain holder 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. Serverdiscounter undertakes to inform the customer immediately about the time and scope of the price increase. Following a price increase, the customer has a special right of termination for a period of 2 weeks to the end of each month.
(4) When commissioning a domain registration, the customer guarantees that the domain applied for does not infringe any third-party rights and does not violate applicable law. The customer indemnifies Serverdiscounter from all claims of third parties, which are asserted against Serverdiscounter due to an alleged infringement of rights due to the domain.
(5) In the event of seizure or other loss of the domain, the customer undertakes to inform Serverdiscounter immediately.
(6) In the context of the transfer of the domain to another provider, the deletion or modification of the domain, the customer agrees to cooperate to the necessary extent, in particular to make the necessary declarations of intent to the registry without delay.
(7) When registering, the customer must provide all necessary information immediately and truthfully. Costs arising from incorrect or inaccurate information provided by the customer shall be borne by the customer. In this case, the customer must also reimburse Serverdiscounter for the expenses incurred in connection with the registration.
(8) If a third party credibly claims rights to domain names, Serverdiscounter can block the customer’s content until a judicial clarification. The customer hereby agrees to this.
(9) If the customer terminates the contract before the end of the RegPhase (registration), the customer must reimburse the registration costs in accordance with the valid price list for one year.
(10) Serverdiscounter is not obliged to check the contents of our customer for possible legal violations.
§5 Prices and payment
(1) All prices are quoted in euros and include the statutory value added tax of the Federal Republic of Germany.
(2) The statutory provisions regarding the consequences of default in payment shall apply.
(3) Serverdiscounter reserves the right to change the fees. The customer will be notified of any changes to charges at least 4 weeks before they come into effect by e-mail to the e-mail address provided when placing the order. Increases in charges give the customer an extraordinary right of termination with a notice period of 2 weeks. Increases in charges known at the time of the order (e.g. the expiry of the temporary reduction in charges for new customers) do not require separate notification and do not constitute a special right of termination.
(4) The following payment methods are currently available:
Invoice
Direct debit
Instant bank transfer
Credit card
Paypal
§6 Response times and fault clearance
(1) Without an SLA contract: Without an SLA contract, customers will be provided with fault clearance from Monday to Friday (excluding public holidays) with a response time of 24 hours. The hotline is staffed Monday – Friday from 10 am – 6 pm
(2) SLA8h: Customers with an SLA8h contract will be relieved of faults Monday – Sunday with a guaranteed response time of 8 hours. The hotline is manned 24/7.
(3) SLA4h: Customers with an SLA4h contract will be relieved of faults Monday – Sunday with a guaranteed response time of 4 hours. The hotline is manned 24/7.
(4) SLA1h: Customers with an SLA1h contract will be relieved of faults Monday – Sunday with a guaranteed response time of 1 hour. The hotline is manned 24/7.
§7 Obligations of the customer
(1) The customer is obliged to provide the necessary data completely and correctly and to notify us immediately of any changes. This applies in particular to address data, bank details and e-mail addresses.
(2) The customer undertakes to change assigned passwords immediately. The user is responsible for choosing and using secure passwords. The customer shall manage his passwords and other access data carefully and keep them secret. He is also obliged to pay for such services that third parties use or order via 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, integrity, nor the availability of systems, networks and data of 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 regularly inform himself about security gaps that become known 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.
is not exceeded. Otherwise Serverdiscounter reserves the right to throttle the server to 10Mbit /s. Unless otherwise agreed, a limitation to 10Mbit/s comes into force from a volume of 10TB / month. This excludes all tariffs without a traffic flat rate such as colocation tariffs.
(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 Serverdiscounter 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 deceptive practices, product counterfeiting or other behavior that violates applicable law is prohibited.