General Terms and Conditions of EUNETIC GmbH, Wagnerstr. 25, 76448 Durmersheim, HRB No. 522489 (Mannheim)
Valid from 01.05.2018
1. Terms of contract
1.1 The company EUNETIC GmbH - 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 the customer - are hereby expressly contradicted.
2. Realisation of the contract
2.1 By submitting the order by means of electronic data transmission, the customer submits an offer to the provider for the conclusion of a contract, an invitatio ad offerendum. He is bound to his offer for a period of 3 weeks after receipt of the contract by the provider.
2.2 The contract is concluded if the provider confirms the acceptance of the application in writing within the period stated in point 2.1 or begins with the actual execution of the services.
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 For services rendered indefinitely, the respective contract determines the date of commencement of the contract as well as the agreed minimum contract term.
3.2 Unless stipulated otherwise in the contract between the parties, the contractual relationship may be terminated after expiry of any agreed minimum term with a notice period of one month to the end of the contract month properly. For special offers and special offers - especially offers with annual payment method - 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 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 in the main 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
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 for participation in the provider network at present or in the future;
d) to take into account and comply with the applicable data protection rules and recognized principles of data security;
e) immediately notify the Provider of any defects or damage that may be identified (failure notifications) 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;
f) 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 emerges 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 set out in paragraphs 1.b) and 1.c), the supplier is entitled immediately and in all other cases, with the exception of paragraph 1.f), to terminate the contractual relationship without observing a deadline after unsuccessful warning.
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. Remuneration and payment terms
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 monthly in advance, from consumption-based fees at the beginning of the following month.
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 Invoices will be sent by e-mail. If the customer requires an invoice to be sent to him by post, the provider is entitled to charge EUR 2.50 per administrative fee per invoice.
7.4 The remuneration is due upon receipt of the invoice without deduction and payable within 10 days. Payment must be made to one of the provider's accounts, unless a direct debit authorization has been issued. In case of default, the provider is entitled to interest in the amount of 9% above the respective base rate acc. § 247 BGB, or for consumers 5% above the base rate and for each payment request that occurs after the occurrence of default, to demand an amount of EUR 5.00 as default damage. 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.
7.5 The provider can terminate the contractual relationship extraordinarily without notice or assert a right of retention to the services incumbent on it - in particular, the retrieval of the domains, the connection of the server to the network or the retrievability of the respective content to block - if this with the payment the amounts due are wholly or partly 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.
7.6 The assertion of further legal claims remains reserved to the provider.
8. Set-off, retention and default
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 If the provider falls short of the availability of its services of 99% in the annual average, the customer is entitled to reduce the monthly fees and charges accordingly from the time of entry until the cessation 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 the event of a service outage due to a fault outside the area of responsibility of the provider, the reduction is excluded. The same applies to the loss of services due to necessary business interruptions according to point 9 of the General Terms and Conditions.
9. Availability of services
9.1 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.
9.2 No time is agreed for maintenance.
11. Liability and limitations of liability
11.1 The Provider shall indemnify or reimburse useless expenses, irrespective of the legal grounds, both in cases of contractual and non-contractual liability only in the case of fault and only to the following extent:
11.2 The legal liability for injury to life, body or health and under the Product Liability Act remains unaffected.
11.3 The provider is liable for the recovery of data only if the customer has ensured that the data from data stored in machine-readable form are reproducible at a reasonable cost. The disclaimer does not apply if the provider can be accused of intent or gross negligence.
11.4 The objection of contributory negligence of the customer remains reserved to the supplier in each case.
11.5 Claims for damages or reimbursement of futile expenses in the case of contractual or non-contractual liability are subject to a limitation period of one year, unless the claims are based on injury to life, body and health or freedom and are not intentional, guarantor, gross negligence or malice. The period begins with the end of the year in which the claim arose and the creditor could have obtained knowledge of the facts giving rise to the claim and the person of the debtor or could have obtained it without gross negligence. The statute of limitations occurs at the latest with the expiration of the deadlines mentioned in § 199 Abs. 3 BGB.
12. Final provisions
12.1 Place of performance for all contractual services is the domicile of the provider in Durmersheim in the Federal Republic of Germany.
12.2 Contracts concluded on the basis of these General Terms and Conditions are subject exclusively to German law.
Regulations of the international uniform purchase law (UN purchase right) are - as far as permissible – waived.
12.3 The domicile of the provider as the court of jurisdiction for all disputes arising from this contractual relationship shall apply to fully-merchant 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.
12.4 The English version of the General Terms and Conditions acts as a translation for orientation. Legally binding is only the German version.