Domain & Webspace Tremmel

Webhosting for your website

domain-and-webspace.com

Terms and Conditions

as of: 24/05/2013
  1. General
    1. All services offered by Domain & Webspace Tremmel are solely governed by the following Terms and Conditions. Any agreements different from that have to be in written form.
    2. Domain & Webspace Tremmel may use third party service providers and vicarious agents for fullfilling the ordered service portofolio partly or completely.
    3. Unless required differently, Domain & Webspace Tremmel will send you the required information of any kind by email to the email address you provide as part of the contract.
  2. Price lists
    1. Price lists are for information purposes only. They are not an official offer. Domain & Webspace Tremmel may change prices short notice. For errata in the price list we cannot accept liability.
    2. Domain & Webspace Tremmel shall have the right to do minor changes of the product features.
    3. All prices are - unless agreed upon otherwise - without software, accesoirs, installation, product trainging or supplementary work.
    4. Cost estimates are only valid in written form for the work agreed upon therein.
  3. Prices
    1. All prices are brutto including the current valid VAT in Euro, unless stated differently.
  4. Payment
    1. Domain & Webspace Tremmel is sending invoices as attachments via email. If a client wishes to be sent a invoice by mail, Domain & Webspace Tremmel has the right to charge a fee according to the current price list.
    2. Initial orders are accepted per prepayment only. All invoices are due netto without discount on the date specified on the invoice.
    3. The client assures the punctual payment of invoices. Otherwise Domain & Webspace Tremmel is entitled to bring to account the incurred costs.
    4. Domain & Webspace Tremmel is not liable for restitution for performance that is already paid.
    5. The retention of payments by the customer due to counter claims from other contracts shall be excluded.
    6. The housing, server and web hosting offers of Domain & Webspace Tremmel are subject to limitation on the storage space and data transfer. In the event that the restrictions are exceeded, Domain & Webspace Tremmel is entitled to require a reasonable advance by the customer.
    7. The customer is also responsible for bills which authorized or unauthorized persons cause via his/her client account using his/her login details, responsible, unless the customer is not responsible for this. The customer has to prove that he has not responsible for this.
  5. Late payment, debit returns
    1. If the customer fails to meet his payment obligations or commitments stemming from the reservation commitments, he does not make payments, if insolvency proceedings against its assets or if claims arise that can cause be substantial and reasonable doubts about its borrowing capacity to pay, the total demand of Domain & Webspace Tremmel against him, even for exchanges which are due later, becomes due immediately. Furthermore Domain & Webspace Tremmel is entitled to immediately suspend internet services.
    2. For charge backs, Domain & Webspace Tremmel charges € 15.00 as administrative and bank charges.
    3. From the beginning of default onwards, Domain & Webspace Tremmel is entitled to charge interest according to the applicable legal provisions.
    4. In case of delay in payment, Domain & Webspace Tremmel reserves the right to retaub a debt collection company and pass on any necessary information to the contractors.
  6. Ownership
    1. Delivered goods remain in the ownership of Domain & Webspace Tremmel until full payment of all obligations with the payment being credited to the bank account of Domain & Webspace Tremmel.
    2. The purchaser is entitled to resell the goods in the course of business; and he now assigns all claims against his customers or third parties arising from the resale in the amount of the final invoice amount (including VAT).
    3. In case of breach of contract by the buyer, especially in case of default, Domain & Webspace Tremmel is entitled to repossess the goods. This does not constitute a withdrawal from the contract, unless Domain & Webspace Tremmel has expressly declared that in writing.
  7. Warranty, availability, maintenance, limitation of liability
    1. In general, the Internet services are available 24 hours a day, 7 days a week. Domain & Webspace Tremmel ensures network availability and the availability of a dedicated server of at least 99% per annum. Domain & Webspace Tremmel therefore accepts no liability for the continuous availability of data and can use the remaining time for technical work. A liability due to technical failures, brought about loss of data, interrupted data transfers or other problems in this context are excluded.
    2. For networks of third-party Domain & Webspace Tremmel is not responsible.
    3. Obvious defects are to be reported by the buyer without delay. For non-obvious defects, defect notification period is one year. Beginning of the period is the statutory limitation period.
    4. The warranty expires on the intervention, repairs or attempted repairs by the buyer or third parties not without authorization of Domain & Webspace Tremmel.
    5. Any further claims by the purchaser, regardless of the legal reason, are excluded. Therefore Domain & Webspace Tremmel is not liable for damages that are not incurred in the delivery itself. In particular, Domain & Webspace Tremmel is not liable for lost profits or other financial damages of the buyer. This does not apply if the damage is due to intent or gross negligence or lack of a guaranteed property, violation of contractual obligations, performance, default, impossibility, and rested claims under §§ 1, 4 of the German Product Liability Act.
    6. The sale of software with hardware in the package, the purchase is considered to be a uniform contract.
  8. Technical problems, delay in delivering performance
    1. In the event of technical problems that do not allow continuation of the contract, Domain & Webspace Tremmel is entitled to cancel part or the entire contract without notice. The costs incurred in advance will be refunded to the customer in this case.
    2. There is, except in the case of intent or gross negligence, no claim for liability for indirect or consequential damages or for missed income.
    3. As usual for the internet, the servers rented or self-provisioned by Domain & Webspace Tremmel are not necessarily always accessible. This is especially true in case of general bottlenecks in the network infrastructure, for which Domain & Webspace Tremmel is not responsible. For such failures Domain & Webspace Tremmel is not liable.
    4. In the event of server failures from Domain & Webspace Tremmel that last longer than a week continuously, Domain & Webspace Tremmel refunds back to the customer the proportionate costs.
    5. For performance delays due to the failure of communication and data networks of third parties Domain & Webspace Tremmel is not responsible. This also applies to binding deadlines.
    6. Claims for damages of the customer due to non-receipt of performance against Domain & Webspace Tremmel and against those agents are excluded except in the case of willful intent or gross negligence.
  9. Obligations of the client, customer's liability
    1. The Customer is responsible for all produced and published content and actions which have been created by him/her or using his/her access code or produced by third parties. A general monitoring or review of this content or actions by Domain & Webspace Tremmel does not take place.
    2. The customer has to inform Domain & Webspace Tremmel about any change in his or her contact in advance.
    3. The Customer may not, in form, content and intended purpose, violate laws of the website, of the Federal Republic of Germany or morality, international law, and in case of servers in the United States also the laws of the United States of America and individual state.
    4. The customer warrants that on the services provided by Domain & Webspace Tremmel, discriminatory, racist, erotic, violent, pornographic, as well as extreme left-or right-wing content is distributed, or on such content with one or more links referenced.
    5. The customer will due all efforts not to infringe any trademark, patent or other rights of third parties. Domain & Webspace Tremmel shall have no obligation to check. The customer is liable for infringements of the website of the client or legal prohibitions against the "morality" of the Federal Republic of Germany, on servers based in the United States, in addition to those of the United States of America are applicable.
    6. The customer is informed that he/she is obligated as provider to clearly and visibly identify his/her public content and offers under his complete name and address (Imprint / "Impressum"). The domain zone entry used in the so-called "whois" database of the corresponding NIC is not sufficient for this.
    7. In case of a web hosting tariff, the customer has to ensure that the necessary documents delivered by scripts and programs pose no security risk on the server of Domain & Webspace Tremmel and block or overloaded the computing capacity of Domain & Webspace Tremmel. In case of a breach of this rule, Domain & Webspace Tremmel is entitled to immediately block that webspace.
    8. All chat services, scripts and programs are not permitted, unless the customer receives from Domain & Webspace Tremmel prior written consent thereto. For servers that are running IRC services Domain & Webspace Tremmel reserves the right to take this server out of service or shut down, if operation of the network or other servers will be or could be affected directly, indirectly or might be. All financial consequences of the failures that are attributable to this are to be reimbursed by the customer to Domain & Webspace Tremmel. Furthermore, Domain & Webspace Tremmel might require a personal liability of the customer.
    9. For every lock of accounts / domains / servers in the event of a breach of duty (i.e. open payments) held by the customer will be charged € 10.00 (locking / unlocking fee). A re-activation takes place at the earliest after the payment of this fee. The customer is bound even during a lockout of its obligation to perform.
  10. Displaying of the website
    1. Domain & Webspace Tremmel accepts no responsibility for the correct reproduction of the web pages of the applicant, unless in case of willful intent or gross negligence. For indirect or consequential damages or lost profits Domain & Webspace Tremmel only liable in case of intent or gross negligence up to a maximum of € 500.
  11. Domains
    1. Domain & Webspace Tremmel does not guarantee that the domain names ordered can be provided. If the domain you want is not available, Domain & Webspace Tremmel will might consider alternatives in order specified by the customer.
    2. An availability information of domains by Domain & Webspace Tremmel cannot be binding in any case.
    3. The Customer undertakes to comply with the official guidelines of the relevant domain registration office and not to infringe rights of third parties.
    4. The Customer warrants Domain & Webspace Tremmel that the desired domain name does not infringe a trademark of another company or domain name is not trademarked. In the event that Domain & Webspace Tremmel by third parties is claimed for infringement of such rights, the customer is obligated to indemnify Domain & Webspace Tremmel.
    5. If you breach the numbers subparagraph 2 and subparagraph 3, the Customer expressly agrees with a disabling of the content. The obligation of the customer to Domain & Webspace Tremmel remains unaffected.
    6. The registration data provided by the Customer will be entered as as the domain holder and domain administrative contact once he has fulfilled his obligation to pay. The Admin-C must be a natural person in any case.
    7. Domain & Webspace Tremmel performs the online application or registration, changes to the registration data, consent to domain transfer applications and deletion of domains only on behalf of the customer or the person who is registered as Admin-C of the domain.
    8. The registration of the necessary data for the registration of the domain the customer agrees to expressly. This includes specifying its phone number, if required. The data are publicly available via the "whois" query of the respective registrar.
    9. If the customer is guaranteed a minimum amount of performance in a specific period, he/she shall comply with this obligation. There is usually a grace of 10%. If the amount of accepted performance is less, a subsequent payment to the previously prevailing price level is justified.
    10. In case of cancellation, the customer has to make the choice to have to delete the domain or transfer it to another provider. If he/she does not share his intention Domain & Webspace Tremmel with this, Domain & Webspace Tremmel will return to the domain management at the respective registrar (transit) or delete (close).
    11. The customer is aware that the acquisition of a domain requires the consent of the former provider. The customer is tois to the previous provider about the upcoming transfer in advance. Domain & Webspace Tremmel is entitled to charge the customer the cost of failed transfer.
  12. Receipt and delivery of emails, spamming
    1. The Customer agrees that Domain & Webspace Tremmel and its partners to send emsils to his/her email address for information to a reasonable extent. To distinguish these e-mails they are marked appropriately.
    2. If Domain & Webspace Tremmel is aware that the customer sends emails stating its domain name, in an unlawful or contrary to generally accepted rules of communication on the Internet manner, be Domain & Webspace Tremmel reserves the right to discontinue the Service, temporarily or permanently. This also applies to transfers ("Postings") from advertising or illegal messages in public newsgroups on the Internet. The obligation of the customer to Domain & Webspace Tremmel remains unaffected.
    3. Domain & Webspace Tremmel is entitled to delete emails of the email account provided by Domain & Webspace Tremmel after the respective web hosting account has been terminated.
    4. The sending mass emails or sending mass-newsgroup postings from the services provided by Domain & Webspace Tremmel is prohibited. Violations of the facts mentioned above are punishable by immediate dismissal. Furthermore Domain & Webspace Tremmel is entitled in such case to block access from the outside completely if a quick action, particularly to legal violations or significant negative influence of the network operation is necessary.
  13. Begin and end of contract
    1. The contractual relationship between the customer and Domain & Webspace Tremmel arises at the date of activation of the access to the relevant internet service.
    2. Unless stated otherwise, a contract for Internet services (web hosting, server housing, etc.) can be abrogated up to 4 weeks to the end of term.
    3. The notice must be in writing and must be sent by fax or mail.
    4. Domain & Webspace Tremmel can cancel services or additional services free of charge at any time with a notice period of 30 days. To inform about this termination, a notification email is sufficient.
    5. The Customer may request to change to another internet service with a different tariff, if available and technically feasible. A change to a service with cheaper fare can be used at the end of the prepaid period. The move to a server with a higher tariff can be at any time. The provision of enhanced performance is as soon as possible, the calculation of the tariff is increased from the date of conversion or upgrade. The deadline for termination of contract will change then to the date specified in the customer information.
    6. Non-exempted retains the right to terminate without notice for good cause. An important reason is especially in serious or continuing breaches of the contractual arrangements and in impossibility to continue the services of the contract. In the event of termination for good cause Domain & Webspace Tremmel is entitled to refuse access to the internet service immediately and to delete the contents and email messages immediately.
    7. If the customer is granted by Domain & Webspace Tremmel a special right to terminate the contract due to non-execution of a service, Domain & Webspace Tremmel is entitled to charge the costs already incurred.
  14. Ammendments
    1. Domain & Webspace Tremmel is at all times entitled to change its terms and conditions and fees to supplement and amend the charges to be levied. In this case Domain & Webspace Tremmel provides the customer with the changing business conditions and / or charges by sending an email or by post. Domain & Webspace Tremmel specifically informs the client about his/her right to object to the changed of terms and conditions or fees within a period of four weeks in writing. If the customer does not object within the prescribed period, the new terms and conditions or fees will become effective in accordance with the notice also for existing contractual relationships. If the customer objects within the given time limit, Domain & Webspace Tremmel has the right to terminate the contract on the date on which the changed conditions or charges will apply. Otherwise for such customers with existing contracts the original terms and conditions will continue to apply.
  15. Privacy
    1. The needed data for order transaction will be saved.
    2. If the customer wishes to be listed in internet search engines and business directories for the relevant data are not considered confidential and may be published online on the internet openly by Domain & Webspace Tremmel and thus made accessible to third parties. The customer frees Domain & Webspace Tremmel from any third party claims arising from the data submitted.
    3. Where data iy be transmitted to Domain & Webspace Tremmel in any form, the client is asked to establish backups. In the event of a data loss, the customer is obliged to transmit the relevant data to Domain & Webspace Tremmel again.
    4. The customer will receive for his server or virtual host / server or for web space accounts a user ID and a password. He is obliged to treat it as confidential and shall be liable for any misuse resulting from the unauthorized use of the password or account. Passwords have to be strong in order to prevent abuse.
    5. The customer always has the option to change their password.
    6. The customer is aware that it is possible for all participants of transmission to listen to data transmitted, this risk is taken by the customer. Domain & Webspace Tremmel does not guarantee that third parties can not gain access (via telnet, ftp, etc.) to data and content on storage or servers rented by Domain & Webspace Tremmel and provided directly from Domain & Webspace Tremmel servers. Furthermore Domain & Webspace Tremmel does not guarantee data or third party content from being copied, manipulated or changed it in any way. There is a no claim, except in the case of intent or gross negligence, for liability for indirect or consequential damages or lost profits.
    7. Domain & Webspace Tremmel it is allowed to use and process data of customers or purposes of consulting, advertising, market research. The customer may object to this provision without any further impact on the business relationship.
  16. Cancellation policy
    1. If the client is a consumer according to § 13 BGB, he or she has the right to cancel the contract within 2 weeks after ordering in text form without giving reasons. To do so, it is sufficient to send an email or a mail to Domain & Webspace Tremmel - Fuchsweg 27 - 84051 Essenbach - GERMANY.
  17. Place of jurisdiction and place of delivery
    1. The place of jurisdiction is Landshut, Germany. However Domain & Webspace Tremmel is entitled to sue in the courts of the residence of customers.
    2. Unless the order confirmation states otherwise, the Landshut, Germany is the place of performance for delivery and payment.
  18. Severability clause
    1. If any of these provisions be invalid, the validity of the remaining provisions shall not be affected. Invalid provisions shall be replaced by such valid provisions as possible, largely achieve the intended economic purpose.