§1 | General
(1.1) The following General Terms and Conditions apply to all business business relationships between MVNet Solutions UG (haftungsbeschränkt), (hereinafter referred to as the Provider) and the customer. The version valid at the time of the conclusion of the contract shall apply.
(1.2) Consumers within the meaning of these Terms and Conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional independent professional activity can be attributed to them. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
§2 | Registration as a user, management & setup of the customer account
(2.1) To book and use the services of the Provider, it is necessary to registration as a user is required. This is free of charge. As part of the registration process, a user account is set up under the user name and password you have chosen. However However, the provider may prohibit registration without further ado and without giving reasons by blocking or deleting the user's account. blocking or deleting the user's account. To register, the user must complete the registration form form; the customer chooses a user name, e-mail address and password as access data. password.
(2.2) The customer can subsequently enter his personal data such as his first name, last name, street, house number, postal code, city, state, country. This is not a condition, but a prerequisite for booking and using some of the Provider's services. If the information is incorrect, we reserve the right to irrevocably delete the account and terminate all relationships. and terminate all relationships.
(2.3) Customers who are minors should be at least 14 years of age. age, so they can order general products and pay monthly, but only according to the legal legal pocket money regulation. Accordingly, it is not a problem whether the child is 14 or 17. However, we reserve the right to request consent from the respective legal guardian as well as obtain/request a valid copy of the identity card.
(2.4) Any customer of the Provider may be blocked immediately if an important reason, e.g. unlawful infringement or violation of our General Terms and Conditions, can be blocked immediately. In the event of a blocking on our part, there will also be no refund of the amount paid. amount paid.
(2.5) All customers shall maintain a customer account with the Provider in the currency: “Euro” (“€”). Customers are also free to choose which payment method they use to pay their invoices. An overdraft of the customer account is certainly possible, however in the case of PrePaid offers, unless there is a verbal or written agreement with the customer. But only for B2B products.
(2.6) Every customer has the right (GDPR) to have their customer account deactivated or even have it deleted.
§3 | Registration as a user, management & setup of the customer account
(3.1) The customer account can be terminated at any time, but not for active not for active services, benefits or general products. The Provider may, without giving any block, deactivate or delete the customer account at the end of the active service without giving any reason. delete it.
(3.2) In the event of compulsory termination or general termination by the customer, we may delete the corresponding account. However, taking into account that all active products or services are terminated and deleted. Restoration or reactivation is not possible after reactivation is not possible after deletion, nor will any amounts paid be paid out.
§4 | Conclusion of contract
(4.1) The contract is concluded in electronic business transactions via the store system or via other means of remote communication such as telephone and/or e-mail. The conditions for services from the Provider are subject to change and non-binding. The presentation of services on the Internet does not constitute an offer, but a non-binding invitation to the customer to order. We reserve the right to make technical and other changes to the form or scope of services within the scope of reasonable.
(4.2) We provide you with Internet services, in particular web hosting, licenses, server hosting and domains. The scope of services results from the service package booked service package and the service description provided on our website. To booking our Internet services, direct payment is mandatory.
(4.3) The contract is concluded via the online ordering system as follows: In the online order form you select your desired product and payment method. Before sending the order, you have the option of checking all the details again or canceling the order. cancel the order. By submitting the order via the “Pay now” button, you declare legally binding acceptance of the offer, whereby the contract is concluded via direct payment. is concluded. You will then be forwarded immediately to the respective website of the respective payment provider where you can make the appropriate selection or enter your data, if required. necessary. Finally, you will be taken back to our online store (web interface).
(4.4) Already with the placement of the respective Internet service offer on our website, we make you a binding offer to conclude a contract under the conditions offer to conclude a contract under the conditions specified in the service description. The contract is concluded via the online ordering system as follows: You can use the “Shop” button to call up different different categories after you have selected a category. You can call up the call up the respective products. By submitting the order via the “Checkout” button, you declare your legally binding you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4.5) The processing of the order and transmission of all information required in connection with the information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
(4.6) In the event of non-availability or only partial availability of the of the service, the customer shall be informed as soon as possible. The consideration will be refunded as soon as refunded as quickly as possible. The Provider may transfer its rights and obligations arising from this contract to one or more third parties (transfer of contract). The customer has the right to terminate the contract concluded with the Provider contract concluded with the Provider without notice.
(4.7) If the customer does not terminate the contract in good time, the term of the of the contract is automatically extended by 30 days, with the exception of prepaid contracts. Each contracting party has the right to terminate the contract with 30 days' notice to the end of the month, unless a different period is specified in the period is stipulated in the respective offer, without giving reasons. The right to extraordinary termination for good cause, in particular the repeated breach of the main contractual obligations, remains unaffected. unaffected. Termination is only effective if it is made in the following form: in writing.
(4.8) Prepaid contracts are concluded with an indefinite contract term. Payment is made by you in advance for the prepaid period you have selected. If no payment is not made by the end of the respective prepaid period, the contract ends at the end of the prepaid period. prepaid period; no additional termination by you is required.
(4.9) The right of withdrawal expires in the case of a contract for the provision of services if the Provider has provided the service in full and has only begun to provide the service after the the service only after the consumer has given his express consent and at the same time confirmed his and at the same time has confirmed his knowledge that he loses his right of withdrawal upon complete contract fulfillment by the entrepreneur.
§5 | Services & Provision of services
(5.1) The Provider offers Users the option of renting services or products within our PrePaid system for a specific term. The User has the to determine the term of his chosen product himself and to extend it at will. However, it is not possible to shorten the rented term. In the event of termination or product is not extended, the product simply expires at the end of the term without any further payment. payment.
(5.2) All services may be used by the customer without providing any information. However, it is prohibited to store, disseminate or use illegal, copyrighted or protected works, content or documents on the storage space provided, to disseminate them or to secure them. secure it.
(5.3) The use of the Provider's Internet portal and its functions functions, as well as the services and products offered, only exists within the scope of the current state of the art. Temporary restrictions may arise due to technical disruptions such as interruption of telecommunications, DDoS/Dos attacks, power supply, hardware and software errors. result. Any reimbursement measures for failures, problems or similar are possible as far as possible, but we determine the nature and extent. We may restrict access to the services if the security of the network operation network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network disruptions to the network, software or stored data.
(5.4) Our customer service is available to the customer free of charge, but is not not part of the offer. However, we always support the customer as a gesture of goodwill. Furthermore, we are entitled, after consultation with the customer, to process service orders and customer calls for a fee. process them.
(5.5) The service shall be provided immediately immediately after the time of receipt of your payment.
(5.6) Our service obligations are set out in the service description of the respective web respective web hosting or server hosting offer. The provision of services (activation of the booked service package service package, transmission of the access data) shall take place, unless otherwise agreed, immediately after the time of your payment instruction.
(5.7) Insofar as we grant you full and sole administration rights on the servers administration rights on the servers provided, you are solely and exclusively responsible for the administration and the administration and security of your server. You are obliged to install the necessary to install the necessary security software, to keep yourself constantly informed of any security gaps that become known and to close these independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.
(5.8) Insofar as we provide programs and licenses, you receive a non-exclusive right to use the non-exclusive right to use the programs and licenses provided for the duration of the contract. licenses. You are obliged to comply with the respective license terms.
(5.9) You are also obliged to set up and manage your server in such a way the security, integrity and availability of the networks, other servers, software and data of third parties. of third parties is not jeopardized. In particular, you are prohibited from using the server to send SPAM mails and (d)DOS attacks or to operate open mail relays and other systems on the server via which SPAM mails can be that can be used to spread SPAM mails and (d)DOS attacks. In the event of violations, we reserve right to disconnect the server from the network without prior notice and to terminate the contract without notice. terminate the contract without notice.
(5.10) You are not entitled to have the same IP address assigned to the server, the package IP address and the hardware used for the entire term of the contract. We reserve the right reserve the right to change these in the event of technical, legal or economic necessity and to assign you a new IP address and the hardware used in this context.
(5.11) The object of purchase delivered to the Customer shall remain the the Provider until full payment of all purchase items delivered to the Customer.
§ 6 | Further obligations on your part
(6.1) You must inform us immediately of any changes to the data required for the data required for the fulfillment of the contract without delay. The customer undertakes to keep passwords received from the passwords received from the Provider for the purpose of accessing its services and to inform the Provider immediately as soon as it becomes aware that the password is known to unauthorized third parties. is known to unauthorized third parties. If, due to the customer's fault, third parties use our services by misusing the passwords the customer shall be liable to us for usage fees and damages. The customer is advised that it is his responsibility to carry out a data backup after every working day on which the data stock has been vicarious agents or assistants has been changed, to carry out a data backup, whereby data that is data stored on our servers may not be backed up on these servers. The customer must a complete data backup, in particular before the start of any work by us or before the installation of hardware or software supplied. Incidentally, the customer thoroughly tests each program for freedom from defects and usability in his specific situation before he starts using the program operationally. operational use of the program. This also applies to programs that he receives from us within the scope of the warranty and maintenance. The customer is expressly advised that even minor changes to the software may affect the operability of the entire system.
(6.2) Customers are responsible for backing up their own data, which they transfer to our servers. We are not responsible for the creation of data backup copies. responsible. In the event of data loss, you will transfer the data concerned to our servers again free of charge. to our servers free of charge. The provider does not create data backups if the customer has not explicitly booked this additionally. Data backups of data backups are not created.
(6.3) You will ensure that the agreed data transfer volume (traffic) is not exceeded. (traffic) is not exceeded. Unless otherwise agreed, traffic of 500 GB per month is permitted. per month is permitted. The traffic is to be treated as “fair use”. In the event that the agreed data transfer data transfer volume (traffic) is exceeded, the server connection is automatically throttled to 10 Mbps, if not, the connection will be blocked.
(6.4) E-mail inboxes may only be used for the processing of e-mail traffic. e-mail traffic. In particular, it is strictly forbidden to use e-mail mailboxes as storage space for other files and data.
(6.5) Each customer is obliged to set up and manage its server in such a way that the security, integrity and availability of the networks of other servers, software and data of third of third parties is not jeopardized.
(6.6) The customer assumes full and sole liability for all third-party third party applications installed on the server and any impact such applications may have on your other applications may have on your other applications, software, hardware or devices.
§ 7 | Shared hosting services
(7.1) In the event of high utilization of the network (traffic, bandwidth), CPU resources or the write and read speeds of the memory, the Provider reserves the right to block shared Hosting services unannounced. The intentional sabotaging of the functionality and quality quality of shared hosting services will result in the immediate suspension of the customer's account and all rented services.
§ 8 | Terms of payment & modalities, prices & offers
(8.1) In order to order the services listed by the Provider on the Internet services listed by the Provider on the Internet portal, the Customer must pay for the order directly using the desired payment method. All payments and billing for the services shall be made exclusively via the customer account set up. customer account. By booking the respective product, the customer recognizes the current price and authorizes the provider to debit the necessary costs from his customer account. The prices of the The prices of the products may be adjusted and changed due to market conditions.
(8.2) Due to the GwG (Money Laundering Act, according to § 10 GwG (BGBl. I S. 2602)) and the general terms and conditions of some payment service providers, the customer's credit balance cannot be paid out. The credit balance remains in the customer account until it is to be deleted (in accordance with the GDPR), the person dies or similar. Things where the person is no longer accountable or capable of doing business. A credit balance can only arise through possible credit notes as a gesture of goodwill. There is no right to payment of the credit balance.
(8.3) An order can only be set up with direct payment.
(8.4) If the Customer is in default, the Provider shall be entitled to withhold its withhold its services in accordance with § 273 BGB. This is done by restricting or interrupting the service. The Customer's obligation to pay remuneration shall remain unaffected by this. In the event of a delay in payment of more than 7 days, the Provider shall be entitled to terminate the contract without notice and to irrevocably delete the product. delete the product. § 9 | Domain registration, exemption, domain disputes, domain buyback
§ 9 | Domain registration, exemption, domain disputes, domain buyback
(9.1) In the procurement and/or maintenance of domains, we shall only act as an relationship between the customer and the respective organization for the allocation of domains, we only act as an intermediary. as an intermediary. The Provider has no influence on the domain allocation. We do not guarantee that the domains applied for on behalf of the customer are allocated at all and/or that allocated domains are free of rights of third parties or that they will last in the long term.
(9.2) The customer guarantees that the domain applied for by him does not infringe any rights of third parties. The Customer shall indemnify the Provider internally against any liability arising from infringements should claims be asserted against the Provider due to the infringement of third-party rights.
(9.3) If you do not give clear instructions for the transfer or deletion of the domain or deletion of the domain, we can return the domain to the responsible registry or have it deleted after the end of the contract and to the relevant registry or have it deleted
(9.4) We will automatically file the notice of termination on the termination on the expiration date of the domain so that the customer is not charged any additional costs for a renewal. will be charged. If the domain is renewed, the cancelation will be canceled and set again for the corrected expiration date.
§10 | Internet presence, contents of Internet pages
(10.1) The Provider is not obliged to check your domains and the content that can be for possible legal violations. After recognizing legal violations or content that is content that is inadmissible, the Provider is entitled to block the content/services. And make the domain in question inaccessible. The Provider shall inform the customer immediately of such of such a measure.
(10.2) You are obliged to design your domain and the content accessible under it in such a way that an excessive load on our servers, e.g. due to scripts that require a high computing computing power or require an above-average amount of memory is avoided. We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed immediately of any such informed immediately.
(10.3) You guarantee that your domains and the content accessible under them do not do not violate legal regulations or morality and do not infringe the rights of third parties. violate the rights of third parties. This applies in particular to the legal regulations on provider identification, copyright, trademark and other property rights, distance selling law, competition law, criminal law and data protection law. data protection law.
(10.4) You shall indemnify us against all claims arising from a breach of the above breach of the above obligations for which you are responsible. This also applies to the costs of our necessary legal defense including all court and legal fees.
§ 11 | Lifetime products
(11.1) In the course of a special promotion, it may happen that we offer some products on a so-called lifetime basis, which means that the customer pays a one-off fee for the product and therefore has no expiration date. However, should the company close or be terminated, then the lifetime products will also be switched off and deleted. Customers will be informed at least 3 months before the product is switched off. A refund is completely excluded.
§ 12 | Liability
(12.1) We shall only be liable to the customer in accordance with the statutory provisions for damages resulting from injury to life, body or health, which are based on an intentional or negligent or negligent breach of duty by the Provider as well as other damages that are based on an intentional or grossly negligent breach of duty and fraudulent intent.
(12.2) In addition, we shall only be liable for damages in accordance with mandatory statutory regulations and in the event of the assumption of guarantees. Unless one of the aforementioned cases cases, we shall only be liable for slight negligence if their legal representatives, executive employees or other vicarious agents breach a material contractual obligation. In these cases liability is limited to typical and foreseeable damages. In all other cases we are not liable for slight negligence. We are not liable for indirect or consequential damages.
(12.3) We also accept no liability for input, transmission and/or evaluation and/or evaluation errors, as these are beyond our control.
(12.4) The customer himself is responsible for any type of content that he places on the on the Internet or possibly commits legal violations. We assume no liability for the content of the customer. If we become aware of this, all services or performances rented from us will be blocked immediately. blocked immediately.
(12.5) We have the right to correct obvious errors, in particular in the information information and prices, even retrospectively. A claim for damages by the customer is excluded in these cases.
(12.6) In accordance with §280 BGB, we are not responsible for downtimes that are beyond our not within our sphere of influence (e.g. force majeure, third-party fault, etc.).
(12.7) We assume no liability whatsoever for violations of the minimum minimum age law of the games and/or for the use of indexed games of any kind, as it is not possible for us to is not possible for us to check who is using the services operated by the customer, as the use is generally anonymous anonymous and the customer's data protection rights prohibit monitoring.
(12.8) The Provider accepts no liability for any failure or complete or partial complete or partial loss of data stored on the hard disks.
§ 13 Amendment of the GTC
(13.1) We are entitled to change the content of our GTC (these) at any time and with the consent of the customer. However, taking into account various interests, the change reasonable for the customer. Consent to the amendment shall only be deemed to have been given if the customer does not object to the change within two weeks of receiving notification of the change. The Provider undertakes to inform the customer of the consequences of failing to object when notifying the change. consequences of failing to object. If the customer objects within the aforementioned period, we are the contractual relationship in compliance with the deadline and block the customer's account (if necessary). account (if necessary).
§ 14 Final provisions
(14.1) Our General Terms and Conditions (in short: “GTC”) are governed exclusively by German law. shall apply.
(14.2) We are not obliged to participate in a dispute resolution procedure before a consumer consumer arbitration board and do not participate in such proceedings. The Provider points out to customers that the EU Commission, in accordance with Directive 2013/11/EU, has set up an Internet platform for the online settlement of disputes (“ODR platform”) between traders and consumers. consumers has set up. This internet platform can be accessed via the following link ec.europa.eu/consumers/odr/
(14.3) Should any provision of the Terms and Conditions be or become legally invalid in whole or in part the validity of the remaining provisions shall not be affected thereby. If a provision is invalid, the legally permissible provision shall take its place.
(14.4) Only the German language is available in all concluded contracts.
