.:SISpro-connect:.

Conditions

§ 1 definition

In the following applies:

     1. as contractor:

         SISpro-connect GmbH & Co. KG
         Waldleite 21
         97295 Waldbrunn

     2. as client:

         the customer

     3. as server:

         a virtual server that physically represents part of a computer connected to the Internet.

§ 2 Scope

The terms and conditions of SISpro are always part of the contractual relationship between contractor and client.

§ 3 scope of services

With the acceptance of the contract by the contractor, a contract for the use of the service of the contractor comes about. The scope of service results from the order form at the time of the order or an up-to-date Internet offer of the contractor or from the information attached to any other offer.

The data for the registration of domain names are without guarantee to the INTERNIC or DENIC or similar. forwarded. The client can only proceed from an actual allocation of the domain name, if this is confirmed by the respective NIC. Any liability and warranty for the allocation of the ordered domain names by the contractor is excluded. The client as the applicant for a domain agrees, as part of the registration process, in the event of a legal dispute about the name, INTERNIC or DENIC and the company SISpro indemnify with regard to costs incurred or other obligations.

§ 4 start of contract

The contract begins on the date specified in the contract. When the contract begins, the agreed fees are due in full.

The client may withdraw from the contract within 7 days of signing the contract.

§ 5 term

The duration of the contractual relationship is 12 months and automatically extended by one month for lack of notice.

§ 6 Termination

The contract can be terminated by both parties with a 4-week period to expire. The right to extraordinary cancellation in case of default or serious breach of contract remains unaffected.

Termination requires the written form to be effective by email, letter or fax.

§ 7 charges

The use of the service of the contractor takes place at the respectively valid charges acc. Price list. The client receives an electronic or written invoice for every payment transaction.

The contractor reserves the right to change the charges at the beginning of a new billing period. Modified fees will be communicated to the customer at least 4 weeks before coming into force to his email address or by post.

Payment of the fees shall be made by direct debit on the part of the contractor or, at the request of the client, by bank transfer of the client, in each case monthly in advance until the 5th of the current month. If you wish to pay, you will be charged a one-time flat fee according to our current price list. Any costs incurred in the event of non-payment of direct debits shall be borne by the client.

If the client defaults on the payment, the contractor is entitled to block the established web pages. The renewed release takes place only after receipt of the payment of the owed monthly amount as well as a lump sum allowance according to our current price list.

If the client defaults on payment of the monthly contribution for a period of 2 consecutive months or in a period of more than 2 months with an amount corresponding to the fee for 2 months, the contractor may discontinue the relationship for good cause without observing a time limit cancel.

§ 8 Publication of data

The client undertakes to provide the name and address of his business offers and, in the case of associations of persons and groups, the name and address of the authorized representative (§ 6 TDG).

The client is responsible for all data and content provided by him to the contractor. There is no general monitoring or review of this content by the contractor.

The client bears the responsibility for ensuring that the material provided to the contractor for the creation of the page is free of claims of third parties or that the copyright issues have been sufficiently clarified. The client agrees also that in the case of the credibility of third party claims to its contents, they are blocked.

The press-legal responsibility for the data to be published is incumbent on the client. The contractor reserves the right, in the case of obvious inadmissibility such as violation of laws or good morals, to refuse to discontinue the website if the contractor becomes aware of the unlawful facts only after conclusion of the contract. Similarly, the contractor is entitled to block the aforementioned contents immediately without separate notification. If the client violates this condition substantially or despite a warning, the contractor is entitled to terminate the contractual relationship for good cause without notice. If the contractor is instructed to adapt the content of the applicable legal position, the agreed fees shall continue to be paid during the reworking phase of the pages.

The customer is aware that on the transmission paths of the Internet there is usually the possibility of obtaining data without authorization. The client accepts this risk.

§ 9 data security

The customer makes backup copies of any data that are transmitted to the contractor - in whatever form. In the event of an occurring loss of data, the client again transfers the corresponding data to the contractor free of charge.

§ 10 availability

The contractor guarantees availability of the service of 99%. Up to 1% of the operating time is used for maintenance every month. As far as technically feasible, maintenance is carried out between 2:00 and 6:00. A liability of the contractor for loss of data caused by technical failures, interrupted data transmission or other problems in this context is excluded. Likewise, liability for disruptions within the Internet is excluded.

Insofar as these Terms and Conditions do not permit another, the Contractor shall immediately eliminate any disruptions of access to his service within the scope of the technical and operational possibilities. The client is obliged to inform the contractor of recognizable access problems immediately, late. but within 7 calendar days of notification in writing or by e-mail (fault report).

§ 11 claims for damages

The contractor is liable only for damages caused by him, his legal representatives or one of his vicarious agents by gross negligence or intent. This does not apply to guaranteed properties. The above limitation of liability refers to contractual and non-contractual claims. Liability is limited to the order value.

12 Liability, cooperation obligations of the customer, indemnification

(1) The customer assures that the information provided by him within the framework of the business relationship with the provider is correct in its content and complete. He undertakes to inform the Provider without delay of any changes or additions to the contact details provided as well as any other data required for the performance of the contract.

(2) The customer further warrants not to use the provided storage space for any unlawful content that infringes the laws, regulatory requirements or rights of third parties. He also ensures and warrants to the Provider that the Internet address chosen by him, under which the content can be queried via the Internet, also does not violate any laws, regulatory requirements or rights of third parties. Finally, the customer will ensure that programs, scripts or similar installed by him do not jeopardize the operation of the server or the communication network of the provider or the security and integrity of other data set on the provider´s servers.

(3) The customer indemnifies the provider from any third-party claims for which he is responsible, including the costs incurred by the claim (in particular legal fees) and interest.

(4) Endangering or impairing programs installed by the customer, scripts or the like, the operation of the server or the communications network of the provider or the security and integrity of other data set on the servers of the provider, the provider is entitled to these programs, scripts and the like , to disable or uninstall. If and insofar as the elimination of the hazard or impairment requires this, the Provider is also entitled to interrupt the connection of the content posted on the server to the Internet. The provider will inform the customer immediately about this measure.

(5) In the case of an imminent or actual breach of the above obligations as well as the assertion of not obviously unfounded claims of third parties against the Provider for omitting the complete or partial presentation of the content posted on the server via the Internet, the Provider shall be entitled to Temporarily or temporarily cease the connection of this content to the Internet with immediate effect. The provider will take into account the legitimate interests of the customer and inform the customer immediately about this measure.

(6) The customer undertakes not to use the resources provided by the provider for actions that cause excessive use of the facilities of the provider or that violate legal prohibitions, the good customs and rights of third parties. If the customer violates these obligations, the provider is entitled to immediately stop the service or components of the services and to assert further claims for damages.

(7) The customer assumes full responsibility for all content stored on the rented services. He has to ensure that the services and services of the provider are not misused or unlawfully used. This applies in particular to the use and provision of software products as well as data and content that can be provided both publicly and privately. If the customer finds illegal or infringing content or activities, he undertakes to block them immediately and to notify the provider. The user regularly checks the contents of the content placed on the provided storage space.

(8) In particular, the customer must ensure that the discontinued or provided software products, data and contents are free from third party rulers and do not infringe any copyright or license rights. He also has to ensure that no content is distributed or provided that violates legal prohibitions, the good morals and rights of third parties (trademarks, name, company name, privacy rights, etc.) or infringes third parties in your honor, other persons or groups of people denigrate or insult. In particular, the customer undertakes not to offer or offer violent, pornographic and other offensive content. Furthermore, the customer undertakes no mass advertising without the express consent of the respective recipient to send or have sent to prevent open e-mail relay servers and the distribution of spam e-mail. When sending e-mails, it is also prohibited to provide incorrect sender details or to disguise the identity of the sender in any other way. The Provider is not obligated to check the data and contents of all rented services provided by the customer or his customers for possible legal violations.

(9) If the customer violates the obligations set forth in Numbers 1-8 with the content of the data stored on the storage space of the provider, in particular against legal prohibitions, third-party rights or good morals, he shall be liable to the Provider for compensation for all resulting data direct and indirect damages, especially financial losses. In addition, the customer undertakes to indemnify the provider against third-party claims of any kind whatsoever resulting from the illegality of content posted on the internet. The indemnification obligation also includes an obligation to fully indemnify the provider against legal defense costs (for example, court and attorney´s fees)

§ 13 side agreements

Ancillary agreements must be in writing, oral agreements have no legal effect.

§ 14 Place of fulfillment and place of jurisdiction

Place of performance and jurisdiction are Würzburg

§ 15 Severability clause

Should individual provisions of these conditions be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected thereby.

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