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Condiciones generales de contratación

Section A: General part

1. Validity of the Conditions

 

1.1 All deliveries and services of lazylabs.tech (hereinafter also referred to as "supplier") are provided exclusively on the basis of these General Terms and Conditions (hereinafter also referred to as "Terms and Conditions"). These also apply to future contracts between the parties in the area of hosting and domains, even if they are not expressly agreed again.

 

1.2 We do not recognize deviating terms and conditions of the customer unless we have expressly agreed to them in writing. Our general terms and conditions also apply if we provide our services without reservation in the knowledge of conflicting or deviating conditions of the customer.

 

1.3 The terms and conditions apply to consumers and entrepreneurs alike. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§14 I BGB).

 

2. Conclusion of contract

The customer's application for the conclusion of the intended contract consists either in the transmission of the online order form in writing to the provider or in the sending of an electronic declaration if this is offered in individual cases. The customer is bound to his application for 14 days. The contract is only concluded with the express acceptance of the customer's application by the provider or with the first performance action taken by the provider. The provider reserves the right to refuse to conclude a contract with the customer without giving reasons.

 

3. Services

3.1 The scope of services and, if applicable, the technical specifications for the respective service result from the associated service description at the time the service was ordered.

 

3.2 All prices include the taxes to be paid under applicable law, in particular value added tax, unless this is stated as excluding.

 

3.3 The availability of the provider's servers is at least 99% on an annual average. Excluded from this are those times during which the server cannot be reached due to events beyond the provider's control, such as force majeure, technical problems beyond the provider's sphere of influence, actions of third parties who are not commissioned by the provider, restricted or missing functionality of the Internet, etc. Deviating agreements, in particular higher values for the accessibility of the individual products, can result from the relevant SLAs.

 

3.4 The provider is entitled to expand its services, adapt them to technical progress and/or make improvements. This applies in particular if the adjustment appears necessary to prevent misuse, or the provider is obliged to adjust the service due to legal regulations. If the provider provides additional services that are not part of the customer's obligation to pay, these can be omitted at any time or replaced by other solutions.

 

4. Customer Obligations

4.1 The customer assures the provider that all data that the customer transmits to the provider is complete and correct. The customer undertakes to immediately transmit any changes to his data to the provider.

 

 

4.2 The provider is entitled to send all information and declarations of intent relevant to the respective contractual relationship to the email address provided by the customer. The customer undertakes to check these regularly for new messages.

 

4.3 The customer manages his passwords and other access data conscientiously and takes care to keep them secret at all times. He is required to change his passwords regularly and, if assigned to him, will change them promptly.

 

4.4 The customer is obliged to inform the provider immediately as soon as he becomes aware that third parties are using his password without authorization. The customer is obligated to compensate the provider for all damage caused by misuse of the passwords by third parties or the use of passwords by third parties, insofar as he is responsible for this.

 

4.5 The customer is responsible for ensuring that its websites comply with legal requirements. The customer undertakes not to use the web space provided to him to disseminate illegal content.

 

4.6 The customer is obliged to create daily updated backups. There is no obligation on the part of the provider to regularly back up the customer's content and data without a separate contractual agreement.

 

4.7 The customer undertakes to use the resources made available to him in such a way that the security and/or availability and/or system integrity and/or availability of the provider's systems is not impaired.

 

 

4.8 The provider is entitled to block the customer's systems or access if the customer or a third party violates the obligations under this section 4. "Customer obligations".

 

5. Warranty

5.1 The customer must notify the provider of any defects immediately and support the provider to the best of his or her ability to remedy the defect, in particular to take all reasonable data security measures.

 

5.2 The provider points out that, given the current state of the art, it is not possible to create hardware and software in such a way that it works error-free in all application combinations or can be protected against any manipulation by third parties. The provider does not guarantee that the hardware and software used or provided by the provider meets the customer's requirements, is suitable for certain applications and that it is free of crashes, errors and malware. The provider only warrants to the customer that the hardware and software used or provided by the provider at the time of transfer, under normal operating conditions and with normal maintenance, essentially works in accordance with the manufacturer's specifications.

 

6. Liability

6.1 The provider is liable, regardless of the legal reason, only in accordance with the following regulations.

 

6.2 The provider is liable in the event of intent and gross negligence in accordance with the statutory provisions.

 

6.3 In the event of slight negligence, the provider is only liable if a material contractual obligation is breached, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer can regularly rely (cardinal obligation). In these cases, the provider is only liable to the amount of the foreseeable, contract-typical damage.

 

6.4 In the event of slight negligence, the amount of liability of the provider is also limited to the fee owed for the relevant contract for a period of two years.

 

6.5 In cases of slight negligence, liability for all other damages, in particular consequential damages, indirect damages or lost profits, is excluded.

 

6.6 The above restrictions do not apply in the event of injury to life, limb or health, or in the event of liability under the Product Liability Act.

 

6.7 Insofar as the liability of the provider is excluded or limited, this also applies to the liability of the employees, other employees, representatives and vicarious agents of the provider.

 

6.8 In the area of application of the Telecommunications Act (TKG), the liability regulation of § 44a TKG remains unaffected in any case.

 

6.9 Otherwise, our Service Level Agreement (SLA) applies in its current version, as contractually agreed.

 

7. Terms of Payment

7.1 By default, the customer authorizes the provider to collect all fees incurred as part of the contractual relationship by direct debit from the account provided by the customer. This also applies to notification of new bank details. Other payment options may be provided by the provider, such as credit card payment, PayPal or bank transfer.

 

 

7.2 The usage-independent fees are payable in advance, at the latest at the beginning of the respective billing period. Usage-based fees are paid at the end of the respective billing period.

 

 

7.3 The provider provides an electronic invoice in the secure customer service area for each payment transaction. Invoices are sent by email free of charge. Invoices are due for payment immediately upon receipt without deduction.

 

 

7.4 If the customer wishes an invoice to be sent by post, the provider is entitled to charge a fee of up to EUR 5.00 for each invoice.

 

 

7.5 The prices can be changed by the provider at the beginning of a new contract period with a reasonable notice period of at least six weeks. If the customer does not object to this change within this period, the change is deemed to have been approved. With the announcement, the provider will expressly inform the customer of the deadline and the consequences of the failure to object.

 

 

7.6 If the customer is in arrears with an amount that corresponds to at least one monthly basic fee, the provider can temporarily block the corresponding service. The temporary blocking of services does not affect the basic payment obligation of the customer.

 

 

7.7 If direct debits, whether different or the same, cannot be successfully collected twice in a row, the customer is excluded from paying by direct debit. His payments can then only be made in advance. In addition, the customer must reimburse all of the provider's costs that are caused by the returned direct debits. Furthermore, the provider is entitled in this case to demand all payments due up to the time of the extension of the contract/contracts of the customer immediately and in one sum. The provider reserves the right to withhold his services until all outstanding claims of the customer have been settled in full.

 

 

7.8 The customer is also in default without a reminder if he does not pay within 14 days of receipt of an invoice or notification that the invoice has been posted in the customer service area. In the event of default in payment by the customer, the provider can claim interest on arrears in accordance with Section 288 of the German Civil Code.

 

 

7.9 The provider can claim processing fees of up to EUR 10.00 for unauthorized returned direct debits.

 

8. Website Content, Blocking of Web Content

8.1 The customer undertakes to comply with his statutory imprint obligations.

 

 

8.2 By transmitting the websites or content (to the provider), the customer releases the provider from any liability for the content and expressly assures that no material will be transmitted or that third-party material will not be displayed that violates the honor of other people or groups of people , slandered or insulted. The customer also assures that any fees that may arise from the publication of the data (e.g. GEMA fees) will be paid to the relevant organizations. The customer also expressly assures that he will not publish any content or data that violates the applicable law of the Federal Republic of Germany. This also applies if such content is made accessible through hyperlinks or other interactive connections that the customer sets on third-party sites. Extremist or pornographic content is prohibited. It is also expressly forbidden to send so-called 'spam e-mails' or the like from the provider's servers in any way.

 

 

8.3 Content that is potentially harmful to minors, which is not excluded in accordance with Section 8.2, is only permitted unless otherwise agreed, if minors are protected from accessing it and the legally prescribed measures, in particular suitable and legally secure age verification systems, are available.

 

 

8.4 If the customer violates his obligations under the above clauses 8.1, 8.2 and 8.3, the provider is entitled to block the websites concerned. The customer bears any costs of blocking. It is made clear that the customer's obligation to pay remains unaffected by this.

 

 

8.5 The provider reserves the right to block content that could impair the regular operating behavior or the security of the server or to prevent its operation in individual cases.

 

9. Term and Termination of Agreement

9.1 The term of the contract results from the offer.

 

 

9.2 The contract is automatically extended by the respective contract period if it is not terminated within the period specified in the respective offer. If the customer is a consumer, the contract extension period is a maximum of 12 months.

 

 

9.3 For the termination of the contract, at least the text form according to § 126b BGB must be observed. The notice of termination must state the customer's name, customer number and the contract that is to be terminated. A termination via the customer center is also sufficient in text form. In addition, the customer can use a free form in the FAQ area of the website for the cancellation, which contains all the important information for quick processing.

 

 

9.4 Both parties are entitled to extraordinarily terminate the contract if there is an important reason. An important reason exists for the provider, in particular, if the customer: - is in arrears with the payment of the fees with an amount equal to two monthly basic fees; – culpably violates an essential contractual obligation and the customer does not remedy the situation within a reasonable period of time despite a warning.

 

10. Third Party Rights

10.1 The customer assures that, to the best of his knowledge, no rights of third parties are violated and no illegal purposes are pursued by registering or connecting the domain name and the transmission of his web content on the Internet. The customer acknowledges that he alone is responsible for the choice of the domain name and agrees to release the provider from all claims for damages by third parties in connection with the domain name registration or connection. In the event that third parties assert rights to the domain name, the provider reserves the right to block the domain name in question until the dispute has been clarified by a court.

 

 

10.2 If the provider, e.g. B. by notifying the owner of the rights, rights violations by the customer's web content, he is entitled to block access to the customer's content from the Internet without notice and to terminate the contractual relationship extraordinarily after an unsuccessful warning. The customer is obliged to indemnify the provider from all claims by third parties in connection with the customer's infringing web content.

 

11. Contract Transfers and Assignments

11.1 The provider is entitled to transfer the contract together with all rights and obligations to a third party. The customer will be informed about this via his customer account or by email. In the case of transfer, the customer is entitled to terminate the contractual relationship extraordinarily with immediate effect within one month of receiving this information via his customer account or by email.

 

 

11.2 The customer may only transfer the contract with the provider to third parties with the provider's consent. The customer is not entitled to assign individual claims from this contract.

 

12. Modification of Terms and Conditions

12.1 The provider reserves the right to change the terms and conditions at any time with effect for the future, unless this is not reasonable for the customer.

 

12.2 The provider is entitled to change the terms and conditions in the following cases:

 

  • if the change serves to bring the terms and conditions into line with the applicable law, in particular if the applicable legal situation changes;

  • if the change serves the provider to comply with mandatory judicial or official decisions;

  • if completely new services of the provider or service elements as well as technical or organizational processes require consideration in the terms and conditions;

  • if the change is only beneficial for the customer.

 

12.3 In such a case, the provider will send the changed terms and conditions to the e-mail address provided by the customer at least six weeks before they come into effect.

 

12.4 The customer has the option of objecting to the changed terms and conditions within a period of six weeks after the changed terms and conditions have been sent, indicating the changes and before they come into effect. If the customer does not object to the changed terms and conditions within this period, the changed terms and conditions are deemed to have been accepted by the customer. With the change notification, the provider will inform the customer of the deadline and the consequences of failure to object.

 

13. Data Protection and Order Processing

If the provider acts as a processor for the customer within the scope of order processing in accordance with Article 28 GDPR, the provider undertakes to meet all the requirements specified in Article 28 (3) sentence 2 lit. a) to h) GDPR.

 

14. Venue and Law

14.1 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place where the provider has its registered office is the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship. The provider is also entitled to sue the customer at his general place of jurisdiction.

 

14.2 The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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Section B: Special Terms and Conditions

I. Special contractual conditions

for the service "Full-Service-Webdesign"
The following special terms and conditions apply to all "full-service web design" contracts between lazylabs.tech (hereinafter "lazylabs") and the customer. The full-service web design offer is aimed exclusively at entrepreneurs within the meaning of Section 14 (1) of the German Civil Code. In addition to the following provisions, the general terms and conditions of lazylabs also apply. Customer conditions do not apply, even if lazylabs does not expressly object to them.

 

1. Conclusion of the contract

A contract with lazylabs is concluded by signing on site (digital on a tablet or on paper) or by sending the signed contract by fax/e-mail/post or by ordering online and the respective subsequent order confirmation by lazylabs.

 

2. Description of the Service

The services to be provided by lazylabs result from the contract and the tariff overview attached to the order confirmation. The website commissioned by the customer is created according to his individual wishes and ideas.

 

The customer supplies the content required for the creation of the website (e.g. texts, images, logo). The customer must ensure and ensure that he is entitled to all rights, in particular copyrights, to the content he has supplied to lazylabs. The customer releases lazylabs from all claims and costs that lazylabs incurs due to an infringement of third-party rights caused by the customer. lazylabs assumes no liability whatsoever for content provided by the customer. If the customer does not want to use their own content, lazylabs can create this for the customer for a fee.

 

Based on the customer's wishes and ideas, lazylabs designs the customer's website and sends the draft to him. The customer can communicate change requests within the scope of the service description valid at the time the contract is concluded free of charge by e-mail or via the portal provided by lazylabs. Any change to the website that goes beyond the tariff is subject to a fee, unless lazylabs is responsible for the necessity of the change. A complete redesign or rebuild of the website is not part of the services and can be ordered separately.

 

After confirmation of the design of the website by the customer, the website is put online. The customer must check the website for factual accuracy and correctness of content and notify any necessary and/or desired changes. In case of doubt, the decision as to whether a change can be made within the scope of the tariff lies with lazylabs. Changes for which lazylabs is responsible are made free of charge, any other changes required are subject to a fee.

 

lazylabs is entitled to reject change requests requested by the customer if these are technically or temporally unreasonable, the number of changes exceeds a reasonable level or the change requests do not correspond to the content specifications of the General Terms and Conditions. The customer will be informed of the rejection of a change request by e-mail or telephone.

 

After final completion of the website, further changes within the framework of the "Full Service Web Design" contract are only possible within the contractually agreed quota. The customer also has the option of ordering separate services (see point 3 "Maintenance and care").

3. Maintenance and care

The technical operation, the maintenance of the Internet storage space of the website and the maintenance of the content of the website are also part of the contract and are carried out by lazylabs. There are no additional costs for this.

 

4. Domains

As part of the "full-service web design" contract, the customer receives a domain that can be used for the website to be created. If necessary, additional costs can be incurred for certain domain endings according to our price list. The customer also has the option of ordering any other domain via lazylabs for the "full-service web design" contract or of arranging for the transfer of an existing domain to lazylabs. If the domain that is to be used for the website to be created is not managed by lazylabs, no guarantee is given for the availability of the domain. The conditions of the individual registration offices apply in addition to these special contractual conditions.

 

5. Imprint / data protection declarations / terms and conditions

The customer is responsible for providing texts for the imprint/privacy policy/terms and conditions. The customer is responsible for ensuring that the files supplied are legally compliant texts. In addition, lazylabs assumes no liability for the completeness and legal correctness of the texts provided by the customer. The customer exempts lazylabs from all costs incurred by lazylabs due to a violation of rights caused by the customer.

 

The customer is responsible for the content and legal maintenance of the imprint/privacy policy/terms and conditions etc.. He must notify lazylabs of any changes. The changes are made by lazylabs as part of the contractual agreements.

 

6. Prices / terms of payment

The prices listed for the service result from the associated service description at the time the service is ordered and are net prices plus the applicable statutory sales tax. The fees are due monthly in advance. The billing for this takes place when the website is online or at the latest 2 months after the conclusion of the contract. The payment of the agreed setup fee is due upon conclusion of the contract.

 

7. Contract Term and Termination

Unless otherwise stated in the offer, the basic term is either 12 or 24 months. The contract is automatically extended by the basic term unless it is terminated with a notice period of 3 months before the end of the basic term or the end of the extended contract term. The termination must be in writing in order to be effective, whereby transmission by fax is sufficient to maintain this form.

 

8. Use Rights

With full payment of the invoiced remuneration, the customer receives the simple right to use the website in accordance with copyright law. The right of use expires upon termination of the contract between lazylabs and the customer. The customer is informed that the website content will not be released after the end of the contractual relationship. Administrative access to the website is the sole responsibility of lazylabs. If the customer requests changes or adjustments, these will be incorporated within the framework of the contractual agreements by lazylabs on the website after transmission by the customer.

 

9. Final Provisions

Should one of the aforementioned provisions be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the other provisions or the contract. In the event of the ineffectiveness or impracticability of one of the above provisions, the parties undertake to agree on an effective one that comes as close as possible to what is contractually intended. If the parties cannot agree on such a provision, the law shall take the place of the ineffective provision.

II. Special contract terms for domains

1. Domain Registration

1.1 The contractual relationship required to register the respective domain comes about directly between the customer and the respective domain registry or the respective registrar. The provider acts in relation to the customer within the framework of an agency agreement, but without having any influence on the allocation of the domain. The customer can only assume that the domain name will actually be available and assigned once it has been confirmed by the respective NIC.

 

 

1.2 The different top-level domains (“final abbreviation”) are managed by a large number of different, mostly national organizations. Each of these domain-registration organizations has established different terms and conditions for the registration and administration of the top-level domains, the associated sub-level domains, and the handling of domain disputes. Insofar as top-level domains are the subject of the contract, the corresponding allocation conditions also apply. Insofar as .de domains are the subject of the contract, the DENIC domain guidelines apply in addition to the DENIC domain conditions.

 

 

1.3 The registration of the domains takes place in an automated process by means of which the data is passed on to the respective registration authority. The registration office proceeds according to the priority principle, i.e. the first incoming registration is awarded the contract. The provider cannot guarantee the allocation of an ordered domain.

 

2. Customer Obligations

2.1 The customer is obliged to fully cooperate in all actions required for the registration, transfer or deletion of a domain.

 

 

2.2 The customer is solely responsible for ensuring that a domain registered by him and the content accessible under it do not violate applicable law or violate the rights of third parties. When using international domains, other national legal systems may have to be observed. An examination by the provider does not take place.

 

 

2.3 If a third party makes it credible that domains or hosted content infringe the rights of third parties, or if the provider is convinced that a legal violation is likely due to objective circumstances, the provider can temporarily block the content and take measures to make the domain in question inaccessible.

 

 

2.4 If the data to be provided for a domain according to the respective registration conditions prove to be incorrect and the provider cannot contact the customer using the data provided, the provider can terminate the contractual relationship without notice and have the domain deleted.

 

 

2.5 When choosing a tariff for domain registrations or renewals on a credit basis and using the domain robot, the customer is solely responsible for ensuring that there is sufficient credit for domain registrations or domain renewals. If the customer fails to top up his account and as a result the domains cannot be registered or maintained, the provider is not liable for any resulting damage.

 

3. Termination Procedure

3.1 The termination of the contractual relationship with the provider does not affect the existing registration contract for a domain between the customer and the registry or the registrar. Cancellation orders relating to the registration relationship must nevertheless be addressed to the provider, since the provider manages the domain for the domain owner and notifications from the domain owner, including contract terminations, must be sent regularly via the provider to the relevant registry or registrar.

3.2 The customer's cancellation of the contractual relationship with the provider requires the customer's express written declaration that the domain is (also) canceled and can be deleted for the simultaneous effective cancellation of the registration relationship for a domain. If the customer is a consumer, the aforementioned declaration can also be made in text form, in particular by email. If the customer is not also the domain owner, the cancellation or deletion order requires the written consent of the domain owner or Admin-Cs. It is also considered sufficient to send the declaration by fax.

 

 

3.3 The deadline for issuing domain termination orders to the provider is four weeks for all domains at the end of the term of the registration relationship.

 

 

3.4 In this respect, the provider will forward delayed domain termination orders to the registry without delay. It is clarified, however, that if the customer does not issue a termination order regarding the domain registration contract in a timely manner and the term of the domain registration is extended to the registration office or the registrar as a result, the customer's obligation to pay remuneration shall remain in place for the period of the extension.

 

 

3.5 If the customer terminates the contractual relationship with the provider, but does not expressly state what is to happen with the domains previously registered via the provider, the obligation to pay for the domains also remains in effect until further notice. After an unsuccessful request to the customer, which is sent to the e-mail address provided by the customer, to declare himself in writing or by fax about the domains within a reasonable period of time, the provider is entitled to transfer the domains to the direct administration of the respective registry transfer or release the domains on behalf of the customer. The same applies if the contractual relationship with the customer is terminated by the provider.

 

 

3.6 If the customer does not place the domains in the administration of another provider by the end date of the agency agreement between the customer and the provider for the administration of the domain, the provider is entitled to transfer the domains to the direct administration of the respective registry or to transfer the domains to the to release the customer's name. This also applies in particular in the event that the customer has given instructions with regard to the transfer of the domain to a new provider, but these are not implemented in good time.

III. Special Terms and Conditions for Email Services

  1. The customer must check incoming messages in his e-mail inboxes at regular intervals.

  2. The provider can refuse to forward the e-mails addressed to its customers if facts justify the assumption that an e-mail contains malicious software (viruses, worms or Trojans, etc.), the sender information is incorrect or veiled or it is so-called spam mails.

  3. The sending of so-called spam mails is prohibited. It is also forbidden to provide incorrect sender data when sending emails.

  4. If the customer sends spam e-mails within the meaning of the previous paragraph, the provider can temporarily block the customer's mailboxes in question.

IV. Special contract terms for web hosting

The customer is responsible for ensuring that the provision and publication of the content of the websites or data posted by him does not violate German or other relevant national law, in particular copyright, trademark, name, data protection and competition law. The provider reserves the right to temporarily block content that seems questionable in this regard. The same applies if the provider is requested by a third party to change or delete content on hosted websites because they allegedly violate applicable law or violate the rights of third parties.

V. Special Terms of Contract for Servers

1. Administration and Use

1.1 If the customer has sole administrator rights, the provider cannot manage the server. As the server administrator, the customer is solely responsible for the security of the server against unwanted access and manipulation by third parties via the Internet. It is his responsibility to install and activate appropriate protection software, to obtain regular information about known security gaps and to close known security gaps. The installation of maintenance programs or other programs made available or recommended by the provider does not release the customer from this obligation.

 

1.2 The customer is obliged to set up and manage his servers in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties or the provider are not endangered. If a customer endangers the security, integrity or availability of networks, other servers, as well as software and data of third parties or the provider by means of his server, or if the customer is suspected of such a thing due to objective circumstances, the provider is entitled to temporarily block the server. This also applies if the customer is not responsible for the harmful action or condition, e.g. if the customer's server is manipulated and used by third parties. A deliberate violation by the customer entitles the provider to an immediate, extraordinary termination of the contractual relationship.

 

1.3 The customer is obliged to create daily updated backups. There is no obligation on the part of the provider to regularly back up the customer's content and data without a separate contractual agreement.

 

1.4 The customer may only use internet relay chat (IRC) services, anonymization services and P2P exchange sites with the prior written consent of the provider.

 

2. Transfer of Use to Third Parties

The transfer of servers to third parties for a fee is prohibited unless the provider has given prior consent in individual cases.

VI. Responses of the provider in the event of legal violations and threats

  1. If third parties make it credible that the content of an internet presence or a domain itself infringes their rights, or if there is objective evidence that legal provisions are violated by domains or content, the provider can block the website as long as the violation of rights or the dispute with the third parties about the infringement.

  2. If the possible infringement is committed by a domain, the provider can take measures that make the domain inaccessible. In cases in which the violation of rights by a domain appears to be certain based on objective evidence, the provider can terminate the contractual relationship without notice.

  3. In the case of infringing content, the provider can also terminate the contract without notice instead of just blocking it.

  4. If the customer sends spam e-mails, the provider can temporarily block the mailboxes on the e-mail server.

  5. The provider can reject the e-mails addressed to its customers on the basis of objective criteria if facts justify the assumption that an e-mail contains harmful software (viruses, worms or Trojan horses, etc.), the sender information is incorrect or veiled or it is unsolicited or disguised commercial communications.

  6. The provider's claim to payment continues as long as a service has been blocked for the above reasons.

VII. Right to Indemnification

The customer undertakes to indemnify the provider internally against any claims by third parties that are based on illegal or infringing content or actions of the customer. This applies in particular to copyright, trademark, name, data protection and competition law violations. The customer is also obliged to compensate the provider for all damages resulting from a violation in this regard, insofar as he is responsible for them. The compensation also covers the reasonable costs of a necessary legal defense of the provider.

 

Hints:

The customer acknowledges that the provider collects and processes the customer's data as part of the contractual relationship in accordance with the statutory provisions. Our privacy policy regulates the details. The European Commission provides consumers with a platform for out-of-court online dispute resolution (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. The e-mail address of the provider can be found in the imprint. However, the provider is neither obliged nor willing to participate in a dispute settlement procedure.

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