GTC Hosting and Housing Thomas-Krenn.AG

§ 1 General

(1) Such leasing of exclusive web servers or virtual servers, supplies, services and offers of the Thomas-Krenn.AG subject to these terms and conditions (hereinafter Terms and Conditions).
(2) These terms and conditions form part of all contracts that the Thomas-Krenn.AG closes with its counterparty (also called "client/customer") about the services it supplies or services.
(3) The GTC also apply to all future goods or services supplied to the customer, even if they are not separately agreed again.
(4) Conditions of the customer or third parties will not apply, even if the Thomas-Krenn.AG their validity in individual cases not specifically contradicted.
(5) Even if Thomas-Krenn.AG refers to a letter regarding the terms and conditions of the customer or a third party or refers to them, this does not constitute agreement with such terms and conditions.

§ 2 Offer, Conclusion

(1) Offers, deliveries and services of Thomas-Krenn.AG exclusively to companies, legal entities under public law and addressed to public law funds.
(2) The presentation of the goods and providing for the possibility to order on our website do not constitute an offer by the Thomas-Krenn.AG connected.
(3) The customer receives a concrete offer from the Thomas-Krenn.AG in writing. The contract is only signed by the client to access the offer.
(4) Details of the Thomas-Krenn.AG the object of delivery or performance
(Eg.: weights, measurements, values, strength, tolerances and specifications), and our representations of the same (eg. drawings and illustrations) are only approximate, unless the suitability for the contractually intended purpose requires an exact match. They are not guaranteed properties but descriptions or definitions of delivery or performance. Commercial deviations and variances due to legal regulations or technical improvements, and the replacement of components by equivalent parts are permitted, provided they do not affect the suitability for the contractually intended purpose.

§ 3 Contract

(1) The Thomas-Krenn.AG operates computers that are constantly connected to the Internet (Web server) and makes them wholly or partly for their own business purposes that are interested in using the Internet to present the company. Laid by the company on the Web server information can be accessed via the Internet.
(2) The Thomas-Krenn.AG provides services according to the specific individual agreement. The Thomas-Krenn.AG can provide such services itself or through third parties.
(3) Due to unspecified predictable and controllable simultaneous access to the server from the client and other contractors of the Thomas-Krenn.AG, access other Internet users and because of technical amendments to the Appendices of the Thomas-Krenn.AG (eg change of location the plant, etc.) or other measures (eg, maintenance, repairs, etc.) that are required for proper or improved operation of the system of Thomas-Krenn.AG can it temporarily delays, disorders and / or interruption of access to the get the customer's server. Data on the client's server can be accessed by Internet users with a minimum availability with redundant systems by 99.9% and in non-redundant systems of 98.99% on average.
(4) Unless specifically agreed with the customer, do not encompass the services of the Thomas-Krenn.AG
a) the procurement and supply of hardware and software (including access software) for input and retrieval of information and data over the Internet (hereinafter: "Customer Terminal");
b) the provision and maintenance of telecommunication connection lines between the client terminal and the server of the Thomas-Krenn.AG;
c) the content creation, review, amend or update of online data and information.
These conditions have to be created by the customer at their own expense and risk. The customer is advised further that the Thomas-Krenn.AG due to the structure of the Internet has no way of enforcing
• whether and what options are available on the Internet,
• that unencrypted data transmitted over the Internet by others may be taken to note
• the transmission rates on the Internet are possible,
• what specific line paths accept data, information and news from the Thomas-Krenn.AG from other providers, and whether operated by other providers, cable paths, servers, routers, bridges, hubs are operational at all times, etc., so that the Thomas-Krenn.AG access by the user on the server of the customer providing a held data and information not liable but the Thomas-Krenn.AG is responsible for the services provided by its network / network interface according to the preceding § 2 para 3.

§ 4 Application of IP addresses and domain names

(1) If agreed upon Thomas-Krenn.AG is for the customer cause the registration of domain names on behalf of the customer and make the technical aspects (eg, as tech-c). The / the desired (s) domain name (s), including extension (Top Level Domain) and the relevant contracting authority should be established by contract.
(2) The customer should be aware that the relevant contracting authorities can refuse the assignment of domain names in accordance with their procurement policies and regulatory provisions. Wanted a commitment, the award of the domain name as the customer to
will obtain, from the Thomas-Krenn.AG not so far taken. Furthermore assumes Thomas-Krenn.AG no guarantee that the customer desired domain name is available or free of rights of third parties or their continued existence has or unique. This also applies for the award under the domain of the Thomas-Krenn.AG subdomains. A review of the legality of the desired domain name is not on the Thomas-Krenn.AG owed.
(3) performance of Thomas-Krenn.AG done in this regard in accordance with the public procurement directives.
(4) When procuring and / or maintenance of websites and the Thomas-Krenn.AG against the DENIC, InterNIC or other organization for domain allocation is merely acting as an intermediary. Through contracts with such organizations only the customer is entitled and obliged.
(5) The Thomas-Krenn.AG has no influence on the domain registry. You will make no warranty that the for the customer requested and delegated domains are free of rights or unique or permanent. This also applies to the contracts under the domain of the provider subdomains.

§ 5 Prices, Terms of payment, Contract adjustment

(1) The fees for the web server as well as arranging the registration of domain names and other services through the Thomas-Krenn.AG have to be paid separately at the agreed prices. All prices quoted are exclusive of applicable German VAT.
(2) Any additional or special services are charged separately according to the current price list on the website of the Thomas-Krenn.AG. In addition, the Thomas-Krenn.AG own expense account.
(3) If the customer is in default of payment, the outstanding amounts Upon default of 8% above the base rate are interest on, the assertion of higher interest rates and further damage in the event of default remains unaffected.
(4) The off with counterclaims of the customer is only permitted or retention of customers due to such claims is available only if the counterclaims are undisputed or legally.
(5) The Thomas-Krenn.AG is authorized to execute any outstanding deliveries or services only against advance payment or security or to provide, if you after the contract becomes aware of circumstances which are reduce the creditworthiness of the customer and through which much suitable the payment of claims by the Thomas-Krenn.AG by the customer from the relevant contractual relationship (including other individual orders for the same framework contract) is at risk.
(6)
a) The monthly fees will be agreed by 1 to of each month and payable in advance each month billed in advance.
b) The Customer undertakes to give the Thomas-Krenn.AG when signing an authorization for the collection of any fees.
c) For each month in which a debit authorization is not granted, the Thomas-Krenn.AG stands for the processing and monitoring of payments to an allowance of fixed price EUR 7.50.
(7) The Thomas-Krenn.AG is entitled to adjust the payment after 12 months contract period appropriate. The price changes are the customer informed at least one month in advance in writing (email, fax, mail).
(8) The new data provided under Section 4 new prices are after the 2 weeks for the new contract, if the customer has not canceled a positive and timely manner.
(9) If the customer is in default, is the Thomas-Krenn.AG entitled to notice, terminate your access to the server after a period of one week.
(10) For the unlocking of a server calculates the Thomas-Krenn.AG an administration fee of 70 Euro including VAT
(11) In case of delay in payment longer than two weeks, the Thomas-Krenn.AG terminate the contract without notice to the customer.

§ 6 Uploading of information to the server

(1) The uploading of information to the Web server by the customer.
The Thomas-Krenn.AG is not obliged to store data on the client's server or rented to secure otherwise, unless otherwise agreed.
(2) The Thomas-Krenn.AG provides the customer with access available, with this its server can manage themselves over the phone line. This access is password protected. The customer agrees to keep the password strictly confidential and the Thomas-Krenn.AG be notified immediately as soon as it becomes aware that a third party knows the password. If the customer's sites can create yourself or by third parties create, he is responsible for the content of their pages solely responsible. He is the Thomas-Krenn.AG internally from any third party claims based on substantive deficiencies of the offer freely.
(3) The customer must ensure that he be played on the server data and files are free of viruses.

§ 7 Power and Performance

(1) From the Thomas-Krenn.AG the promised deadlines and dates for performance to be considered only approximate, unless specifically a fixed period or a fixed date is agreed or agreed.
(2) The Thomas-Krenn.AG may - without prejudice to its rights, if the customer by customer demand for an extension of service terms or a shift of power dates to the period in which the customer does not fulfill its contractual obligations towards the Thomas-Krenn.AG enforcement.
(3) The Thomas-Krenn.AG is not liable for impossibility of performance or delay in performance to the extent caused by force majeure or other, not at the time the contract is concluded predictable events (eg, malfunctions of any kind, difficulties in obtaining materials or energy , transport delays, strikes, legal lockouts, shortages of labor, energy or raw materials, difficulty in obtaining necessary regulatory approvals, regulatory actions or failing, wrong or late delivery caused by suppliers), the Thomas-Krenn. AG is not responsible. If such events the Thomas-Krenn.AG complicate the delivery or service or make it impossible, and not only the disability is of a temporary nature, the Thomas-Krenn.AG is entitled to rescind the contract. Case of hindrances temporary duration, move the delivery or performance dates or the delivery or performance dates to the period of the delay plus a reasonable start-up period. If the customer due to the delay the acceptance of the delivery or performance is unreasonable, he may with immediate written notice to the seller to cancel the contract.
(4) The Thomas-Krenn.AG is only entitled to partial benefits if
• use the part given to the client as part of the contractual intended,
• the performance of the remaining obligations to ensure and
• incurred by the customer does not incur any significant additional effort or cost (unless the Thomas-Krenn.AG agrees to assume these costs).
(5) If the Thomas-Krenn.AG with an output in default or is it a performance, for whatever reason, impossible, then the liability of the
Thomas-Krenn.AG limited to damages under the provisions of § 8 of these Terms and Conditions.

§ 8 Remote maintenance, Performance by third parties

(1) Thomas-Krenn.AG can also provide services through remote maintenance.
(2) The services must not personally of the Thomas-Krenn.AG but can commissioned by the Thomas-Krenn.AG service partners or other agents are provided.

§ 9 Limitation of Liability

(1) The Thomas-Krenn.AG liable, for whatever legal reason, in accordance with the following provisions of this contract.
(2) Except as specified in the following paragraphs, otherwise, any liability of the Thomas-Krenn.AG for damages - regardless of the legal nature of the claim and even after expiry of their time set to power - are excluded. The Thomas-Krenn.AG liable subject to the following § 8 Section 3 to Section 5 in particular not for the client to the server and partly filled with information entered - neither for the accuracy, completeness or timeliness of, nor for their legality or Unencumbered awareness of rights third - still lost for damage to legally protected interests of customers as well as for profit, loss of savings, damages resulting from claims of third parties and other indirect or consequential damages.
(3) For any financial losses due to the provision of telecommunications services, the Thomas-Krenn.AG liable gem. . § 7 section 2 TKV up to an amount of EUR 12,500 each user Compared to all injured, the liability of the Thomas-Krenn.AG EUR 10 million each is limited per event causing damage. Exceed the damages will be reduced in the proportion in which the sum of all claims for compensation to the maximum amount the compensation which are due to make several of the same event, the maximum limit. The limitation of liability in amount does not apply if the damage was caused intentionally.
(4) Claims for damages by the customer for delay or failure in performance of the Thomas-Krenn.AG are limited to the value of that part of the benefit which is not due to the impossibility or the delay may be used as provided by the contract.
(5) The limitations of liability. § 8 Section 1 to Section 4 shall not apply to
• acc damages other than pecuniary loss through the provision of telecommunications services. § 7 section 2 TKV
• physical injury, damage to health and life, as well as personal injury
Damages according to the Product Liability Act
• Damage is responsible for the Thomas-Krenn.AG intent or gross negligence
• the lack of assured properties.
They also do not apply in the case of fraudulent concealment of a defect or the acceptance of a guarantee.
Continue to be valid for any damage incurred as a result of negligent violation of essential contractual obligations (cardinal obligations).
In the cases referred to in this paragraph 5, where the limitation of liability does not apply where:
a) The Thomas-Krenn.AG liable for injury to life, limb or health and / or for personal injury and / or damage to the product liability law in each case in accordance with statutory provisions.
b) The Thomas-Krenn.AG shall also be liable in accordance with statutory provisions for its own intentional or grossly negligent conduct and appropriate behavior of its agents.
c) In the case of fraudulent concealment of a defect or the acceptance of a guarantee, the Thomas-Krenn.AG liable under the statutory provisions.
d) for damage due to negligent breach of essential contractual obligations (cardinal duties), the Thomas-Krenn.AG liable under the statutory provisions, but only to the amount of the typically foreseeable damage.
e) If the mentioned under d) cases in kind against financial losses, liability is limited to € 100,000.00.

§ 10 Obligation of the customer's own data protection, rules of use, defects

(1) Data backup is not in the scope of the Thomas-Krenn.AG, but the responsibility of the customer, unless otherwise agreed. The customer has to save all the data independently.
(2) The customer agrees to the use of the server
a) comply with the specified by the Thomas-Krenn.AG programmatic instructions for use.
establish b) arrangements necessary for the regular backup of all data and maintain;
c) to ensure the proper, regular data backup care. It is used for data that is stored on the Web server, always create current external backup. Backups can not be stored on the web server.
d) the Thomas-Krenn.AG immediately notify obvious defects, damage and / or faults.

§ 11 Acceptance

If acceptance is to take place, the service is deemed to have been accepted if
• the power provided and if the Thomas-Krenn.AG owes the installation, the installation is complete,
• Thomas-Krenn.AG this has informed the customer that having regard to the deemed acceptance under this § 5 (6), and to decrease it prompted
• Since the performance or installation of twelve working days have passed, or the customer has begun to use the power and have passed in this case, since the provision of the service or installation of six working days, and
• The customer has failed to make the purchase within this period for a reason other than one of the Thomas-Krenn.AG displayed defect that makes the use of performance impossible or substantially impaired.

§ 12 Compliance with statutory provisions, rights of third parties, time off, lock

(1) The customer agrees, when applying for a domain name, with the partly filled with the server data and for entry and retrieval of data statutory and regulatory requirements, in particular the data protection law, criminal law, copyright and / or trademark and observe / or other provisions of intellectual property rights and to not infringe the rights of third parties. The customer agrees to indemnify Thomas-Krenn.AG from any liability under this paragraph to third parties or authorities.
(2) The customer is also responsible for the content of web sites charge for which he opened by hyperlink from its Web site from an access way. The customer agrees to indemnify Thomas-Krenn.AG from any liability under this paragraph to third parties or authorities.
(3) The Thomas-Krenn.AG is the customers as permitted by law to inform immediately if third parties or authorities to make her over claims that a gem to the customer. § 7 paragraph 1 or paragraph 2, attributable breach of statutory and / or regulatory requirements or an infringement exists.
(4) If the customer asks a third party to give up a domain because it may infringe the rights of, he is the Thomas-Krenn.AG shall forthwith. Conversely, the Thomas-Krenn.AG will notify the customer when they should be asked to leave the domain of the customer. The Thomas-Krenn.AG in both cases is entitled to waive, on behalf of the customer to the Internet domain, if the customer does not immediately security for any litigation costs and attorneys fees in a sufficient amount (at least 7,500 EUR) provides. Of third-party claims based on the unauthorized use of an Internet domain, the customer, the Thomas-Krenn.AG hereby release.
(5) The customer is the Thomas-Krenn.AG support you need in a legal defense. If the reason for the Thomas-Krenn.AG alleged infringement that made accessible online by the customer data, designs and / or other information violate copyright, trademark and / or other intellectual property rights of third parties, the Thomas-Krenn.AG may require the customer require that any of these amounts of damages and costs will be paid the appropriate legal defense.
(6) there are reasonable grounds to suspect that a violation of § 7 para 1 or 2 above, the Thomas-Krenn.AG is entitled to block the data stored on the web server the customer's data to prove the legitimacy of the customer .

§ 13 Contract length, Termination

(1) This contract, unless otherwise agreed, a contract period of 12 months from the contract. He renewed for another 12 months if he does not by any of the parties with a notice period of 3 months before the expiry of the contract period or 3 months before the expiration of any extension period is terminated in writing.
(2) The right of the parties to terminate for good cause remains unaffected. An important reason for the termination Thomas-Krenn.AG exists in particular if
a) the assets of the customer insolvency proceedings or the initiation is rejected for lack of assets;
b) the customer pursuant to the rules of use. § 6 and / or according to the requirement for regulatory compliance. § 7 violation and the violation despite a written reminder of the Thomas-Krenn.AG not within 2 weeks adjusted or eliminated.
c) if the customer, despite warning from the Thomas-Krenn.AG continues other contract violations,
d) Nazi, racist, radical, illegal or in any other form content will be added by the customer,
e) a payment default persists longer than two weeks,
f) there is a fundamental change in the legal or technical standards on the Internet, which makes it unreasonable for the Thomas-Krenn.AG its services wholly or partly to provide further.
(3) A offered by the Thomas-Krenn.AG server update, in which the server is adapted to the customer's request during the contract period to the current state of the art, does not affect the duration of the contract.

§ 14 Privacy Policy

(1) The Thomas-Krenn.AG collects, processes and uses the personal data of customers in an automated process, so far as necessary for the establishment, creation, or modification of this contract (inventory data). Furthermore, collects, processes and uses the Thomas-Krenn.AG usage and billing data of the customer acc. § 6 TDDSG / § 19 MDStV.
(2) The Customer agrees that personal information (personal data) and other information that affect their use (connection data) (eg, time, number and duration of calls, access codes, uploads and downloads). Of the Thomas Krenn AG will be stored for the duration of the contractual relationship, the extent necessary to fulfill the purpose of the contract, especially for billing purposes is.
(3) processing the collected inventory data and uses the Thomas-Krenn.AG also to advise its customers, advertising and market research for its own purposes and for tailoring its telecommunications services. The customer may object to such use of their data.
(4) The Thomas-Krenn.AG committed to the customer upon request at any time using the stored data, as far as it concerns him to give full and free information. The Thomas-Krenn.AG will not forward this data or the content of private messages of customers to third parties without its consent. This applies not only to the extent, as the Thomas-Krenn.AG is required by law to third parties, including government agencies, to disclose such data or provide as internationally accepted standards this and the customer does not object.
(5) The Thomas-Krenn.AG hereby informs the customer to the fact that data protection for data transmission in public networks like the Internet in the current state of the art can not be guaranteed. The customer knows that the Thomas-Krenn.AG view the saved page on the web server and, perhaps also other saved data from the customer's point of view at any time. Other users of the Internet are under certain circumstances be able to gain unauthorized access to the network security and control message traffic. For the security of the data transmitted by him to the Internet, the customer bears should take responsibility.

§ 15 Assignment of claims

The customer will assign its rights under this Agreement without the prior written consent of Thomas-Krenn.AG to third parties. § 354 a HGB remains unaffected.

§ 16 Final provisions, Jurisdiction

(1) The place of jurisdiction for any disputes arising from the business relationship between the Thomas-Krenn.AG and the customer's claims against the customer according to the Thomas-Krenn.AG Freyung (Lower Bavaria) or the location of the customer. For complaints against the Thomas-Krenn.AG Freyung has exclusive jurisdiction, or Passau, where the district court's subject matter jurisdiction. Mandatory statutory provisions on exclusive jurisdiction remain unaffected by this provision.
(2) The relationship between the Thomas-Krenn.AG and the customer subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
(3) If the contract or these terms and conditions contain loopholes, to fill these gaps apply those legally valid provisions as agreed that the parties would have agreed to the economic objectives of the contract and the purpose of these terms and conditions, if they had known about the omission.
Note:
The buyer acknowledges that Thomas-Krenn.AG data from the contract in accordance with § 28 stores Federal Data Protection Act for the purpose of data processing, and reserves the right to change the data as necessary for the fulfillment of the contract to a third party (eg, insurance) forward.

Freyung, February 2011

The printable version of our General Terms and Conditions for Hosting & Housing AGB_Hosting.pdf [197 KB]