General Terms and Conditions of FSnD
1. validity of the conditions
The following terms and conditions apply to all services. These are applicable to: The creation, design and hosting of homepages, the rental of CGI storage, 2nd and 3rd level domains, short URLs, as well as POP3 accounts, FTP access and our counters.
The current terms and conditions apply.
Entering incorrect or incomplete master data or an incorrect e-mail address will always result in the cancellation of the corresponding offer and possibly even exclusion from the system.
2. prices
Unless otherwise stated, our prices are quoted in euros (€). Our list prices valid at the time of conclusion of the contract shall apply. If the price depends on the type, e.g. private or commercial, the contractual partner is obliged to inform us immediately of any change in these price-determining characteristics. It is not possible for commercial customers to pay the prices for private customers.
As a rule, our normal hourly rate is charged for agreed consultations, whereby these costs are cancelled if a contract is concluded.
Invoices are due for payment within 10 days of the invoice date or always 3 months in advance by bank transfer or in cash without deduction. A payment effectively made shall be deemed to have been paid by bank transfer on the day the amount is credited to the account. We reserve the right to accept payment by cheque and bill of exchange.
If the payment deadline is not met, the contractual partner shall bear the interest expenses and costs incurred by us.
In the event of default of payment, the default interest stipulated in the BGB shall apply.
We shall not be obliged to perform any further services during the period of default of the contractual partner.
In the case of chargeable services, the contractual partner must have full legal capacity.
3. assignment, partial performance
The assignment of claims for performance against us is excluded.
Partial performances are permissible if they have been agreed with the contractual partner.
4. endangerment of claims
If, after conclusion of the contract, we become aware of circumstances which give rise to doubts as to the solvency or willingness to pay of the contractual partner, we shall be entitled to provide services only against advance payment.
The terms for domains and graphic counters are initially valid for one year and are automatically extended by a further year if not cancelled in writing one month before expiry. The costs for this are to be paid in advance, unless otherwise agreed.
5 Warranty
The contractual partner shall be responsible for ensuring that the service provided by us is unobjectionable under civil law, in particular under competition law, criminal law and public law, insofar as he is involved in its design, in particular by providing material or authorising correction templates. The contractual partner must obtain any necessary official authorisations. The contractual partner is obliged to inspect the service after delivery or presentation and to report any defects. This applies accordingly to correction templates.
Other defects must also be reported to us immediately if they are to be rectified.
If the rectification of a defect fails or if we allow a reasonable period of grace to elapse without carrying out the rectification, the contractual partner may demand a reduction in payment or cancellation of the contract.
Warranty claims are only available to the contractual partner and are not transferable.
Warranty periods begin with the provision of the service.
The transfer of risk is achieved when the customer is able to change the services provided by us without our influence. In the case of the creation or design of a homepage that is stored on our memory, this would be when the access data for the FTP access is handed over.
6. compensation for damages
The contractual partner shall only be entitled to claims for damages for breach of contract, unauthorised action and damages for non-performance if the damage is due to intent or gross negligence on our part.
Liability is limited to the amount of the order.
7 Rights of use
The client's right to use services protected by copyright, trademark law or otherwise is always limited to one-time use. Unless otherwise agreed, designs for use on the Internet may be kept available on the Internet for an unlimited period of time.
We are authorised to provide our services with an imprint or our logo or our name in accordance with the style. The contractual partner is obliged to indicate our logo or our name with every act of utilisation. At our request, the author must also be named in accordance with § 13 of the Copyright Act.
Utilisation may only take place for the agreed purpose and in the agreed types of use. We must be informed immediately of any changes to our services by the contractual partner, in particular texts, images, film and sound material, so that we can make a decision on the appearance of our logo and our names.
8. protection of secrets, data protection
All documents, data and information provided to us by the contractual partner are not confidential unless the contractual partner designates them as confidential. If we use third parties to provide a delivery or service, we may in any case pass on the customer's data to them insofar as this is necessary to fulfil the contractual purpose.
Documents, data and information provided by us to the customer must be kept secret, in particular passwords and other information that enable or facilitate the use of our services. At our request, the persons who have access to this information must be jointly agreed.
9 Applicable law, contract language, place of jurisdiction, partial invalidity
These terms and conditions and the entire legal relationship between the parties are subject to German law. The contractual language is German.
If the contractual partner is a registered trader, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Munich.
The invalidity of provisions in these contractual terms and conditions or any other provision agreed between the parties shall not affect the validity of the remaining provisions of these General Terms and Conditions. The parties are obliged to replace the invalid provisions with valid provisions that come as close as possible to the meaning of the invalid provisions.
10 Special provisions for server services
Storage space rented from us is available on average 99% of the year. Unless otherwise agreed, an availability of 24 hours a day, 7 days a week shall be deemed agreed with the aforementioned restriction.
Our instructions for use must always be observed.
The contractual partner is not authorised to use our servers for illegal activities.
The contractual partner may not store any data on our storage space that is prohibited in Germany or link to it via a free short URL.
We are generally not responsible for the content of the homepages linked to via free short URL (name.2XS.net).
The data provided by the contractual partner and stored on the available storage space, including links and e-mail, are not checked by us. The contractual partner bears sole responsibility for the content of this data. The contractual partner shall indemnify us against all claims by third parties that could arise from the content, in particular in the event of infringement of copyright, trademark, company and naming rights, as well as the violation of criminal and fine regulations. If a claim is made against the contractual partner due to a violation of legal regulations, he must inform us immediately.
!!!!!!Attention: The customer may not operate "I-Maping" on our servers, as our servers are not designed for this. Should a customer wish to do so, we will be happy to help them find a suitable service provider.
FSnD cannot be held liable or responsible if email data is lost due to a server crash or similar. In particular, if a customer misuses our server as an I-Map server despite a ban. In this case, FSnD is entitled to charge the customer for the costs incurred for server restoration, server re-installation or similar.
If claims are asserted against us by third parties due to the content of the data originating from the contractual partners and stored on our server, the contractual partner is obliged, upon request, to immediately provide all information necessary for the assessment of the asserted claims. If the claims asserted by third parties or the suspicion of criminal or unlawful content are not obviously unfounded, we shall be entitled to temporarily block the storage space of the contractual partner or, if this is technically possible and reasonable, the content in question if the contractual partner does not provide us with the aforementioned information within a reasonable period of time. We are entitled to block the data in any case if the data originating from the contractual partner and stored on our server contains content that violates the rights of third parties, criminal or fine regulations or if the enforceable decision of a court requires this.
The right to block data in accordance with the above provision applies in the event of a violation of the law of the Federal Republic of Germany. In the event of infringement of foreign rights, the above provision shall apply until the contractual partner has ensured that the infringement is prevented by suitable measures to restrict access to the data.
The contractual partner is responsible for the trouble-free operation of its own equipment, in particular PCs and lines. He shall ensure that his equipment does not impair the function of our equipment. If there is a suspicion that the equipment of the contractual partner may impair the function of our equipment, the contractual partner shall have his equipment inspected by us for a fee or by a specialised company and shall ensure that such impairments are excluded.
Unless otherwise agreed, technical faults will be forwarded by us to the server operator. We are not responsible for disruptions to server function due to force majeure, in particular network disruptions, strikes, lockouts, official orders, etc., even if they occur at our suppliers or their sub-suppliers or our access provider. If the hindrance lasts longer than 2 weeks, the contractual partner shall be entitled to terminate the contract after setting a reasonable grace period.
Necessary interruptions to operations for maintenance work, reorganisation and repairs shall be announced in advance if possible and scheduled between 3 a.m. and 6 a.m..
The contractual partner shall ensure that personal data is stored using the storage space provided by us in compliance with the provisions of the Teleservices Data Protection Act, the Federal Data Protection Act and other data protection regulations. The contractual partner shall indemnify us against all third-party claims arising from the unlawful processing of personal data by him.
On the other hand, we reserve the right to cancel the offers of virtual servers and web space with a notice period of 4 weeks without further justification.
11 Special provisions for deliveries
(1) Returns
Goods and devices intended for the production of reproductions, such as negatives, print templates, master tapes, optical and magnetic storage devices, such as CD-ROMs and computer discs, are only provided to the contractual partner on loan and must be returned to us immediately after the end of the reproduction measures. There is no obligation to provide these goods and devices.
(2) Delivery periods
The delivery period and delivery date shall be based on our agreements. If changes to the content or scope of the delivery are agreed after conclusion of the contract, the delivery period for the entire delivery shall commence anew.
The delivery date or delivery period shall be deemed to have been met if the service has been rendered on time.
A reasonable extension of the delivery periods or delivery dates shall occur if we are unable to deliver due to measures within the framework of industrial disputes, in particular strikes and lockouts, in the event of force majeure, war or natural disasters, lack of or insufficient self-supply as well as the occurrence of other unforeseen obstacles for which we are not responsible.
If these circumstances result in an impediment to performance that is not merely temporary, we shall be entitled to withdraw from the contract. If the hindrance lasts longer than 2 months, the customer shall be entitled to withdraw from the contract with regard to the part not yet fulfilled.
(3) Retention of title
Ownership of the service provided shall not pass to the contractual partner until payment has been made in full, unless it is only rented out.
MfG FSnD
buetefuer@fsnd.net
Friedrich Buetefuer
Heidelbergerstrasse 10
80804 Munich Germany