Allgemeine Geschäftsbedingungen Hosting
1. General – Scope
1.1 The following terms and conditions apply to all business relationships between the customer and Optimondo GmbH, hereinafter referred to as “us”, in the area of hosting. In each case, the valid version at the time of the conclusion of the contract is decisive.
1.2 Deviating, conflicting or supplementary terms and conditions of the customer, even if known, are not part of the contract, unless their validity is expressly agreed.
1.3 The different top-level domains (“domain endings”) are managed by a large number of different, mostly national organizations.
Each of these domain-assigning organizations has different terms and conditions for registering and managing the top-level domains, their sub-level domains, and how they handle domain disputes.
2.1 Our offers are non-committal and non-binding. Technical and other changes remain within the reasonable limits.
2.2 The customer makes a binding offer of contract order. We will immediately confirm the receipt of the customer’s order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance.
2.3 We are entitled to accept the contract offer in the order within a period of 5 working days after receipt. However, we are also entitled to reject the acceptance of the order, for example after checking the creditworthiness of the customer.
3.1 As far as the subject of the contract is the registration of domain names, we owe only the mediation of the desired domain. Therefore, the customer can only assume an actual allocation of the domain name if this has been confirmed by us. We have no influence on the domain allocation. A liability and warranty for the actual allocation of the ordered domain names is therefore excluded.
3.2 We provide network infrastructure availability of 99.9% annually for our data center infrastructure. If the security of the network operation or the maintenance of network integrity is endangered, we may temporarily restrict access to the services as required.
3.3 Incidentally, the scope of services is based on the offer information valid at the time of the order, the order form and the monthly special offers applicable in each case.
3.4 If the customer wishes to register his Internet presence with one or more search engines (online search services of Internet content), then we owe only the mediation here. Only the operator of the respective search engine decides on the inclusion in the search engine and the time.
3.5 Technical support services are not included in the offers. If requested and claimed, they will be charged separately.
4. Data security
4.1 As far as data is transmitted to us, the customer makes backup copies. As far as this is contained in the respective offer, the servers are regularly backed up. In the event of any loss of data occurring, the customer is obliged to return the relevant data to us free of charge.
4.2 The customer is obliged to carry out a complete data backup prior to any change or order.
4.3 The customer receives a user ID and password for the maintenance of his offer. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. If the customer learns that the password is known to unauthorized third parties, he must inform us immediately. If, due to fault of the customer, third parties use services by us through misuse of the passwords, the customer is liable to us for compensation and compensation. In case of suspicion the customer has the possibility to request a new password, which we then send to the customer.
5. Data protection
5.1 Our data protection practice is consistent with the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG) as well as the Telemedia Act (TMG).
5.2 Personal data of the customer are only collected and used, as far as they are necessary for the establishment, content or modification of the contractual relationship. The customer undertakes to keep this data up-to-date via digital communication.
5.3 We use the customer’s e-mail address only for informational letters on the orders, for invoices and if the customer does not object, for customer care and, if desired by the customer, for our own newsletter.
5.4 We do not pass personal customer data to third parties. Excepted from this are service partners, as far as this is necessary for the calculation of the remuneration and for the account with the customer.
5.5 The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If deletion violates statutory or contractual retention requirements or other legal reasons, the data will be blocked.
6. Published content
6.1 The customer is obliged to mark the content he has posted on the Internet as his own or third-party content and to present his full name and address.
Additional obligations may arise from the provisions of the Telecommunications Act and the Telemedia Act. The customer undertakes to check and fulfill this on his own responsibility.
6.2 The customer undertakes not to publish any content that violates third parties in their rights or otherwise violate applicable law. The deposit of erotic, pornographic, extremist or anti-moral content is inadmissible. We are entitled to block the access of the customer in the event that this was violated. The same applies in the event that the customer publishes content that is likely to hurt third parties in their honor, to offend or discredit persons or groups of people. This also applies in the event that an actual legal claim should not be given. We are not obligated to review the contents of our customer.
6.3 The sending of spam mails is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide false sender information or to disguise the identity of the sender in any other way. In case of non-compliance we are entitled to block the access.
7.1 We accept no liability for direct damages, consequential damages or loss of profit due to technical problems and disruptions within the internet which are not within our sphere of influence.
7.2 We are not liable to contractors for slightly negligent breaches of immaterial contractual obligations. This does not apply in all cases of personal injury and in accordance with the product liability law.
7.3 If the customer violates the obligations specified in clause 6, in particular against legal prohibitions or good morals, the customer shall be liable to us for all direct and indirect damages resulting therefrom, including financial losses. In addition, the customer agrees to indemnify us from claims of third parties – of any kind – resulting from the illegality of content posted on the Internet. The indemnity obligation also includes an obligation to fully indemnify us against any legal defense costs (for example, court and attorney’s fees).
8. Terms of payment
8.1 The current prices apply, which can be viewed at any time at https://optimondo.de/hosting/
8.2 Depending on the contractual agreement, a monthly, quarterly or annual settlement takes place. The billing is done by billing. All fees are then due for payment immediately after receipt of the invoice.
8.3 When exceeding any payment periods granted in the invoice, we are entitled to charge default interest even without a reminder.
If the customer is a consumer, the amount of the default interest is 5 percentage points above the base rate. If the customer is an entrepreneur, the amount of the default interest is 8 percentage points above the base rate.
8.4 In addition, we are entitled to block the customer’s Internet presence in the event of default and to retain all other services.
8.5 Invoices are sent by e-mail as an attachment, on request with a qualified signature. In the case of a delivery request by letter, we are entitled to charge a reasonable processing fee. In the event of a retrospective change in the invoice, which is not the fault of us, we are entitled to charge a reasonable processing fee.
9. Contract duration / cancellation / place
9.1 Unless otherwise agreed in the contract, the contracts are concluded for an indefinite period.
9.2 The contract can be terminated by both parties with a notice period of 30 days to the end of the month, without giving reasons, but at the earliest at the end of the contractually agreed minimum contract term. A termination can be made in text form by letter, fax, or e-mail, as far as this option is available.
9.3 We are also entitled to terminate the contract for cause without notice. Such an important reason exists, among other things, if the customer is in arrears for two consecutive months with the payment of a not inconsiderable part of the remuneration. Amongst other things, such an important reason may lie in the fact that the customer violates the obligations of section 6 substantially or despite a warning. Another important reason that may lead to suspension or termination without notice is when the customer uses content that could interfere with the server’s operating behavior or security.
9.4 In the event that the contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction is Arnsberg as agreed. The place of jurisdiction for all disputes arising from this contract is the locally competent court for Arnsberg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed. We are also entitled to sue at the customer’s location.
9.5 If the customer intends to transfer his contractual rights to another person, he requires our consent. A transfer of the contractual rights can only be made in writing by letter, fax or via the secure online administration area, as far as this option is available. In the case of a transmission by letter or fax, the previous and new contracting party must sign by hand.
10. Regulations for resellers
10.1 The customer is entitled to grant third parties a contractual right to use the Internet presences we maintain for him. In this case, the customer remains the sole contractual partner. He is obliged to pass on all contractual conditions arising from the General Terms and Conditions and from our order forms to the third party and to oblige him to comply with these conditions. This also applies to the obligation in section 1.3 of these General Terms and Conditions.
10.2 If any action of the third party is required for changes of any kind, the customer shall provide an innocent contract to ensure that these obligations to cooperate are observed. The customer will inform us of the address data and the contact person of the third party upon request. In the event of changes, we are entitled to approach the third party directly in order to request written approval of the changes.
10.3 If the third party breaches contractual obligations, does not fulfill obligations to cooperate or otherwise causes problems with the granting of rights of use to third parties, the customer shall be liable to us for all damages resulting therefrom. In addition, the customer releases us from all claims that both the third party and others will make to us.
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must contact us, Optimondo GmbH, Auf`m Brinke 1, 59872 Meschede, Phone: (0 2 91) 95 27 53 – 0, Fax: (0 2 91) 95 27 53 – 88, E-Mail: firstname.lastname@example.org by means of a clear statement (such as a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
11.2 Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
In providing services:
If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
12. Questions and complaints
Questions and complaints should be addressed to Optimondo GmbH, Auf`m Brinke 1, 59872 Meschede, Germany, Managing Director Sven Daum.