Terms & Conditions (translated)

Note on this English translation

This English version is provided for information purposes only. The German version is legally binding.

§1 General provisions and scope of application

(1) Hostzero GmbH, Möhnestraße 55, 59755 Arnsberg (hereinafter referred to as the “Provider”) renders all services exclusively on the basis of these General Terms and Conditions. If the customer is an entrepreneur (§ 14 German Civil Code (BGB)), these GTC shall also apply to all future transactions between the contracting parties.

(2) Deviations from these terms and conditions shall only be effective if confirmed by the Provider in writing. The exclusion of this written-form clause also requires written form. These GTC shall also apply if the Provider renders services without reservation in the knowledge of the customer.

(3) The Provider is entitled at any time to amend or supplement these GTC. The customer has the right to object to such change. Consent to the contractual change shall be deemed granted if the customer does not object within 30 working days after receipt of the notice of amendment. At the beginning of the period, the Provider will specifically inform its customers in writing or by email that the notice of amendment will be deemed accepted if the customer does not object within 30 working days.

§2 Provider’s performance obligations

(1) The Provider renders its services on the basis of the respective Service Level Agreement. Excluded from this are periods that are outside the Provider’s sphere of influence (e.g. force majeure, fault of third parties, etc.).

(2) Customers of Hostzero GmbH receive free support in the event of platform-related disruptions or problems. For technical support, the Provider does not grant the customer free assistance unless otherwise agreed in writing. If such support is desired and used, the services will be charged separately. The valid prices on the website or the specifically agreed remuneration apply.

§3 Customer obligations

(1) The customer is obliged to provide necessary data completely and correctly and to notify changes without undue delay. This applies in particular to address data, bank details and the email address. Changes must be communicated within 7 days after the change, in particular name, address, email addresses, as well as telephone and fax number of the customer.

(2) The customer undertakes to keep access data such as passwords strictly confidential. The Provider must be informed without undue delay as soon as the customer becomes aware that unauthorized third parties have access to the system.

(3) The customer is responsible for performing a backup after each working day on which the data inventory has been changed. The backups may not be stored on the same server. The customer must perform a complete backup before maintenance work in the areas of hardware or software.

(4) If the customer requires more than the monthly transfer volume, additional data transfer is subject to a charge. The customer will be notified by email when the limit is reached. Additional data transfer prices can be found on the website.

(5) The customer undertakes to operate the infrastructure in accordance with the guidelines of Hostzero GmbH.
If the customer violates one or more of the aforementioned obligations, the customer is obliged to pay contractual penalties. The Provider is also entitled to immediately discontinue the services.

§4 Contract term, termination and obligations

(1) The contract begins with the order of the service and is concluded with a minimum contract term of one month. Contracts with a minimum term are automatically extended by the respective minimum term if the customer does not terminate at least 2 weeks before the end of the respective contract period.

(2) The right to extraordinary termination without notice remains unaffected. An important reason for the Provider exists in particular if

• the customer is in default of payment of outstanding amounts for more than 30 days;
• there is a fundamental change in the legal or technical standard on the internet;
• the customer does not amend the content provided by them despite warnings from the Provider. In the event of contractual breaches, the customer must respond to the warnings within a reasonable period.

(3) If the customer has not transferred their domains to the care of another provider by the termination date at the latest, the Provider is entitled to release the domain in the customer’s name or to place the domain under the care of the respective registrar.

(4) Terminations must be submitted by post or fax in order to be effective.

(5) After termination of the contractual relationship, the Provider is no longer obliged to provide the contractual services. At the latest 10 days after the end of the contract, the Provider may delete all customer data located on the system.

§5 Payment terms

(1) Hostzero GmbH collects the agreed fees from the customer in advance for the respective contract period within 5 days after invoicing. The customer must ensure that their account has sufficient funds during the collection period. If costs arise for the Provider due to refusal of payment, the customer shall reimburse these upon request without undue delay.

(2) If the customer has chosen “invoice” as a payment method without a direct debit mandate, the invoice must be paid within 5 days.

(3) The amount to be collected will be shown on your credit card statement as “Hostzero GmbH”.

(4) The Provider is entitled to invoice the fees for the money transfer.

(5) Invoices are made available in the customer account for 6 months and delivered by email as an attachment. If delivery by letter is requested, the Provider is entitled to charge a reasonable processing fee. In the case of retrospective invoice changes that are not caused by the Provider’s fault, the Provider is entitled to charge a reasonable processing fee.

(6) If the customer is in arrears with payments, the Provider is entitled to charge interest at the rate of ten percent per year. The customer’s services, as well as the services of the reseller’s customers, may be blocked after more than 30 days of payment default.

§6 Internet domains

(1) If the customer obtains a domain via the Provider, the Provider acts solely as an intermediary. The contract is concluded exclusively between the customer and the respective registry/assigning authority. The obligations of the respective registry apply.

(2) The Provider has no influence on domain allocation. Therefore, no warranty is given that the domain applied for by the customer is free of third-party rights, unique, or will exist permanently. This also applies to the allocation of subdomains.

(3) Before applying for their domain, the customer checks that it does not infringe third-party rights and does not violate applicable law. The customer assures that they have fulfilled this obligation and that this review did not reveal any indications of an infringement.

(4) If the customer is requested by a third party to relinquish an internet domain because it allegedly infringes third-party rights, the Provider will inform the customer without undue delay. Conversely, the Provider will also inform the customer if the Provider is requested to relinquish the customer’s domain. In such a case, the Provider is entitled to waive the internet domain in the customer’s name if the customer does not immediately provide security for possible court and attorney fees in a sufficient amount (at least EUR 3,000 (in words: three thousand)).

(5) In any event, the customer shall indemnify Hostzero GmbH against all damages and claims arising from internet domains.

§7 Restrictions on use and third-party rights

(1) The retrievable content, stored data, displayed banners and the keywords used in search engines must not violate statutory prohibitions, public morals or third-party rights (in particular trademark, name and copyright rights). The customer is also not permitted to offer or have offered pornographic content or content that has pornographic and/or erotic content (e.g. nude photos, peep shows, etc.) as its subject matter.

(2) The Provider is not obliged to review the customer’s web presence for possible legal violations. If the Provider identifies a legal violation, the customer will be informed immediately. The customer is obliged to amend the content. If this does not occur within a reasonable period, the Provider is entitled to block the web presence.

(3) If the customer can provide proof that an infringement of third-party rights is not to be feared, the Provider will make the affected websites available to third parties again. The customer hereby indemnifies the Provider against third-party claims based on unlawful content of a customer’s website.

(4) For each case of violation of one of the above obligations, the customer undertakes—excluding the acceptance of a continuation—to pay a contractual penalty in the amount of EUR 3,000 (in words: three thousand euros).

§8 Copyright and license agreements

(1) For proprietary and third-party software, programs and scripts, the customer is granted a right of use limited in time to the term of the associated contractual relationship. It is not permitted to grant usage rights to third parties. Otherwise, the license terms of the respective software manufacturers apply.

(2) The customer’s right of use ends upon termination of the contract. The customer undertakes to destroy all software data and documentation, insofar as they are not legally obliged to retain them for a longer period.

§9 Warranty

(1) The customer must inspect rented or delivered goods immediately after delivery for any defects. Defects must be reported immediately and communicated in writing. Any defects must be documented; however, prior to this, the customer must prepare a problem analysis using the documentation provided by the Provider. Defects must be reported within one week.

(2) The Provider undertakes to remedy the defects within a reasonable period. If the defects are remedied only in part, the Provider grants the customer a price reduction. The price reduction is determined by the degree of performance of the service.

(3) In the course of defect remediation, a new program and/or a new development version may be installed, provided this does not lead to unreasonable adaptation and conversion problems. In possible defect remediation, the customer must support the Provider to the best of their ability.

(4) The Provider informs the customer that, according to the current state of technology, it is not possible to ensure error-free operation for all user combinations. In addition, the software cannot be protected against manipulation by third parties. The Provider does not guarantee that the resources and software provided meet the customer’s requirements. The Provider does not guarantee that the customer’s software used runs without errors. Hostzero GmbH guarantees that at the time of delivery, under normal areas of use in accordance with the documentation, the software functions.

§10 Liability

(1) No liability is assumed for direct damages, consequential damages or loss of profit caused by technical problems and disruptions within the internet that are outside the Provider’s sphere of influence.

(2) The Provider is liable without limitation for damages caused intentionally or by gross negligence by it or one of its agents or legal representatives. In the event of damage resulting from injury to life, body or health, liability is unlimited in amount. The liability limitation does not apply to attributable bodily injury, injury to health, or loss of life of the customer.

(3) In the event of gross negligence, the Provider is liable in accordance with the statutory provisions; however, in the case of financial losses, at most up to the maximum amounts set out in § 7(2) TKV (currently EUR 12,500).

(4) If the customer violates the obligations mentioned in §8 with the content of their internet pages, they are liable for all direct and indirect damages resulting from this, including financial losses, incurred by the Provider.

§11 Place of jurisdiction

(1) If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Arnsberg. The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time the action is brought.

§12 Indemnification

(1) The customer undertakes to indemnify the Provider internally against any claims by third parties that are based on unlawful actions by the customer or on content-related errors in the information provided by the customer. This applies in particular to infringements of copyright law, data protection law, criminal law and unfair competition law.

§13 Final provisions

(1) Amendments or supplements to this contract shall only apply if agreed in writing. This also applies to any amendment of this written-form clause. Amendments are deemed accepted if consent is given or if they are not rejected after 30 days.

(2) All declarations by Hostzero GmbH may be sent to the customer electronically. This also applies to billing within the scope of the contractual relationship.

(3) The customer may only set off claims against the Provider if they are acknowledged or have been finally determined by a court.

(4) Should any provision of this contract be or become invalid, or should the contract contain a gap requiring supplementation, this shall not affect the validity of the remaining provisions. In place of the invalid provision or the gap, a provision that comes closest to the economic purpose of the agreement shall apply—one that the parties would have agreed upon if they had known of the invalidity of the provision.