Terms and Conditions

§ 1 Validity of Conditions

(1) The Company T3NET Consulting, based in Starnberg (hereinafter referred to us or we) provides its services to its contractual partners (hereinafter client exclusively) on the basis of these terms and conditions. They apply, unless the customer is a merchant, for all future business relations even if not expressly agreed again. At the latest with the first use of our services, these conditions are considered accepted. Contrary by the customer, referring to its terms and conditions are hereby rejected. Deviations from these terms and conditions are effective only when we have confirmed in writing.

§ 2 Contract

(1) The contract for the use of our services is through the signature of both parties or by a written sales order using a form provided for that purpose, and its adoption by us reached by countersignature or confirmation or acceptance of the agreed services.

§ 3 Scope

(1) The extent of the contractual services resulting from the contract or from our respective terms, and then the referential information in the order confirmation.

(2) The terms of reference and other documents are ready vertragsergänzende in our office for inspection. They may also be obtained free of charge from us as a written document and, where available, accessed by electronic means.

(3) We use, among other things to provide his services on the territory of the Federal Republic of Germany, the transmission line from donors (eg German Telekom AG). The choice of cable provider is free to us.

(4) We will reserve the right to extend services to create, modify and make improvements. The right to change in performance is to us especially if those changes or we do this commercially, is required by changes to the law or the law. The interests of the customers are always given due consideration.

(5) If there is for a top-level domain (TLD), several suppliers, it is up to us to choose the supplier and / or change. The customer agrees to a possible change.

(6) For the allocation of a. Com domain a contract is concluded between the customer and the German DENIC (www.nic.de). Upon termination of the contractual relationship with us this Contract between the customer and DENIC will remain with all the obligations arising therefrom.

(7) The modification of the operation of or participation in the Internet standards used, addresses or other technical standards has no effect on the contract, unless the changes are not caused by us arbitrarily.

(8) Where we provide on the contractual content addition for the customer voluntary, unpaid services and benefits, they can be terminated at any time and without notice. A reduction, refund or claim for damages resulting from the setting.

§ 4 Obligations of the Customer

(1) The customer is required to properly use our services. He is particularly committed to

(1.1) to inform us immediately of any changes to the contractual bases. This also applies to changes in all tarifrelevanten affairs.

Enable (1.2) We are the installation of technical devices, when and where it needed to use our services, and installations are not made by the customers themselves, also the electrical energy for the installation, operation and maintenance and the possibly necessary provide potential compensation, including associated ground at his own expense.

(1.3) us, where necessary, to make statements, placing orders and disclosure of information that are necessary for the fulfillment of this contract authorize to.

Inform (1.4) We will be the technical equipment used to participate in our services and call us with a technically competent contact person who is responsible and able to take measures under the provision of contractual services necessary decisions.

Not to misuse (1.5) The ways of accessing our services and to refrain from illegal activities on the Internet, customers are specifically prohibited:
Programs or files that are only abroad, but not in Germany, freeware, shareware or public domain to offer, in violation of the commercial use in Germany.

• Offer programs or files that are the basis of their license or patent situation, or just anywhere outside of Germany of the rights of third parties.
• Offer programs or files whose contents will be prosecuted in Germany (such as the glorification of violence, pornography, etc.).
• Offer programs or files that are subject to export restrictions in Germany and therefore may not be offered by Germany is not the world, without precautions are taken to ensure that an access outside of Germany is impossible.
• Offer programs or files that are under the export regulations of the country of origin or the country in which they are incurred may not be exported.

(1.6) Independently contribute to the fulfillment of or compliance with legal requirements and regulatory requirements and the issuance of administrative permits ensure, as far as present or future, should be required for participation in the Internet or our network.

(1.7) The recognized principles of data security and privacy into account and respect the accepted etiquette of the Internet.

(1.8) All of data that lie on our server, current backup copies. This is particularly true for the contents of databases.

(1.9) The backup copies without charge back to the server.

(1.10) Show immediately noticeable defects or damage (failure report), and after delivering a failure to compensate us for the inspection of equipment costs incurred when and if it is found after examination that a fault existed in the area of responsibility of the customer.

(1.11) all maintenance and modification work on the transmission (if delivered by us) just by us or by our agents to allow a third party run.

(1.12) Within one month

• All by inheritance or other general succession induced change in the person of the customer,
• For unincorporated bodies to represent the entry or exit of persons,
• Any change in the name of the client or the name under which it is listed in our business records
• To display and any change of address in writing.

(2) The customer is obliged to look for when applying for domain names in particular the following: the domain to be registered as a string to its compatibility with the rights of third parties, such as Consider with the name, trademark, copyright or other rights, as well as with the general laws. With the application, the applicant asserted that he has fulfilled that obligation, and that showed in this test no evidence of the violation of rights of third parties or other legislation. We assume no obligations. There are particular provisions of the award each for the relevant domain registrar.

(3) The customer is required to make under any reasonable measures to allow for the detection of defects and damage and its causes.

(4) If the customer against those referred to in paragraph 1 (1.5) obligations, we may immediately and in other cases with the exception of (1.1) after warning to terminate their contractual benefits zukündigen the contract immediately and without notice.

(5) For violations of (1.1) applies § 9 In addition, apply for breaches in (1.5) cases referred to the following: Instead of a termination of the contract we are also entitled, if technically possible to prevent the spread of the corresponding programs and / or data files, a reduction of pay, the customer in these do not make claims cases.

§ 5 performance delays, deadlines, deadlines, ACR

(1) Delivery and service delays due to force majeure pursuant to § 11 and because of events that were more difficult for us to provide the due performance or impossible, and not from her or their fulfillment or vicarious agents intentionally or negligently caused, at least roughly, we have also not represented at binding dates and deadlines. We have the right in these cases, delivery or performance for the duration of the disruption plus an appropriate start time.

(2) Takes a disability, which is considerably longer than two full calendar days, the customer is entitled, already performed, inputs from the date of the onset of disability until they are disposed to recover but only until the next call date, according to one of us. A significant impediment is when

• The customer can not access our infrastructure and thus the contracted service can no longer use,
• The use of these services is generally much more difficult or impossible to use certain services or when there are similar restrictions.

(3) For failure of services due to conditions beyond our scope of failure is no refund of charges. Is the failure of performance by us or their or vicarious agents responsible, a refund shall be made only if the error was caused by gross negligence or willful misconduct and the failure has continued for a longer period than one full calendar day.

(4) The delivery periods shall be extended without prejudice to our rights due to delay of the customer to the period during which the contractor not fulfilling its obligations towards us.

(5) If we come with the benefit due, in default, the customer is only entitled to rescind the contract if we do not adhere to a grace period set by the customer.

(6) The work shall be deemed accepted if the customer is obvious defects in writing within ten working days after the operation displayed or acceptance in writing denied. For the term protection the timely sending of the notice of defects / or their refusal.

§ 6 using our services by third

(1) The customer is obligated to instruct others in proper use of the Services.

(2) The customer must pay the fees that are incurred in pursuit of its usage possibilities made available through the authorized or unauthorized use of our services by third parties.

(3) We do not assume any liability for damages arising from the attacks - of whatever kind - on our servers and / or infrastructure or the customer.

§ 7 Prices

(1) All prices are quoted, unless otherwise expressly indicated, plus the applicable VAT.

(2) For each unredeemed Exchange, uncashed check or any debit the Customer shall pay us a processing fee of EUR 10.00 to.

(3) For separately agreed service or work services are, in the absence of other explicit agreement that the contracts attached to the then current version of day and / or hourly rates and travel and expense costs. The extent that when an order because of specific customer requests extra cost, they will be billed to the customer separately under current price list or agreement in the bill.

(4) Prices subject to change

(4.1) Increase in a monopoly service provider or other services in the execution of the contract to be paid any fees or charges, we shall be entitled on giving reasonable notice to us by the strain resulting burden to the customer further. Unless the item originating zuletztvereinbarten prices exceed the prices by more than 20%, the customer is entitled to terminate the contract at the time of application of the price change.

(4.2) Tarifneueinordnungen not be considered as price changes, but relate to the services actually performed and in the relevant installations are regulated.

(5) customs duties, VAT and the import of goods into a European state or non-related charges by the customer.

(6) All of the money transfer costs and fees shall be borne by the customer.

§ 8 Terms of Payment

(1) We are entitled to refuse acceptance of checks or bills of exchange.

(2) Monthly fees are paid pro rata, starting with the day of delivery serviceable for the rest of the month. After these charges are payable monthly in advance and are due upon receipt. , The charges for parts of a calendar month to calculate, this is calculated for each day with 1 / 30 of monthly pay.

(3) Annual fees shall be paid in advance and are due upon receipt.

(4) Other charges, particularly the one-time charges and usage-based fee for the initial supply of power, are the supply of performance pay and are due upon receipt.

(5) If the customer does not participate in the direct debit, must be credited to the invoice by the tenth day after reporting on the account indicated on the invoice. If the customer delays in debt we are entitled to a processing or Mahnpauschale in the amount of EUR 2.50 to raise.

(6) Objections to payroll are to be explained to us in writing.

§ 9 payments

(1) If payment of the customer we are entitled to block the technical facility. The customer is obliged in this case to pay the fees and to bear the costs of reopening on.

(2) If payment are entitled, in addition, by that date, interest on late payments. The customer will have to prove it without notice, that in our case no or less damage. The assertion of further claims of any kind because of default, we reserve explicitly.

§ 10 of setoff and lien

(1) against claims from us the customer the power to set off only to the extent that the counterclaims are undisputed or legally valid. The client is entitled to assert a right only against counter-claims from the contract with us.

§ 11 Force Majeure

(1) We are freed from the obligation in cases of force majeure. Force majeure means any unforeseen events and those events whose impact on the performance of any party is responsible. Such events include, in particular lawful industrial action, also in third, government action, failure of communication networks and gateways of other operators, disruptions in the area of donor management (eg German Telekom AG), even if those circumstances in the field of subcontractors, subcontractors or their subcontractors, or arise from our authorized operators of subnodal data processors, if we can be accused of fault is not a selection.

(2) Where a claim relating to events that are in the area of donor management, apply to the extent possible, our liability to a client, the same rules and in particular the same limitations of liability and exclusions of liability as between the donor and led us in accordance with § 7 Abs 2 Telecommunications Customer Protection Ordinance (TKV).

§ 12 liability to the Client

(1) We are not liable to the customer to ensure that the information about our communications infrastructure, third-party information are current and correct. In addition, a liability that is free from third party provided and / or data sent by third-party rights, as well as ensure that the transmitter data and / or other Informationenrechtmäßig sends us not accepted, unless we fail to do despite the existence of concrete is evidence of intent or gross negligence, a possible and necessary warning or consideration.

(2) The liability for damage caused by the use of our supplied or installed hardware and software, is limited by the amount of compensation for the foreseeable contractual damages, unless in case of gross negligence or willful misconduct.

(3) The liability under the Product Liability Act remains unaffected.

§ 13 Customer Liability, Indemnity

(1) The customer is responsible for all consequences and disadvantages of us and third parties by the improper or illegal use of our services, or arise from the fact that the customer fails to fulfill his other obligations.

(2) As far as we by third parties for illegal activities of customers, particularly in the area of privacy, copyright and unfair competition law, are called upon, the customer agrees to indemnify us against all possible claims and by the use or disposal of the illegal state to bear the costs incurred.

§ 14 Contract duration, termination

(1) The contract begins with the contractually agreed date. In the absence of such an agreement, the contract term begins upon acceptance pursuant to § 5 Abs 6th

(2) The contract will, if nothing else is agreed in individual, firmly concluded for a period of 12 months. It shall be extended automatically for additional 12 months if he is terminated in writing not later than 3 months before the expiry of the contract.

(3) The time of the observance of the notice period is the timely receipt of notice by the other contracting party to the contract or otherwise expressly address communicated. Notice must be in writing, legally signed.

(4) The contract may be terminated without notice by both parties for good cause. An important reason is present when one party, for reasons which are attributable to the other party to the continued adherence to the contract is unreasonable and the other party, despite the particular reason, and following a warning not immediately removed.

(5) price changes in the context of the customer Contingent fee changes and fee adjustments by private law, public law, or other monopolistic services entitle only under the conditions of § 7 para 4.1 to terminate the contract.

(6) Should the customer of a price change, according to § 7 para 4.2 within 4 weeks after the announcement and can not be agreed, the customer is entitled to terminate the contract at any time from 6 weeks before the date of the increase. If the customer does not claim its right to appeal the dismissal takes place or not in time, the announced price increase comes into force.

§ 15 Additional provisions for goods deliveries

(1) The prices of goods are, unless otherwise agreed, including normal packaging. If the customer service by us, this is paid separately.

(2) The risk passes to the customer as soon as the consignment is to the person performing the transport has been transferred or have left in order to dispatch our offices. If the shipment becomes impossible through no fault of ours is, the risk with the notification of readiness for delivery to the customer. This applies also to delay the dispatch at the request of the customer.

(3) delivered merchandise until complete payment of the purchase price of our property. The pledge or collateral assignment is invalid. Processing or transformation is always for us as a manufacturer, but without any obligation for us. If our (co-) owned by combination or divestiture, it is understood and agreed to ignore that the resulting pro rata entitlements of the customer, when connected to us.

(4) We are always entitled to partial deliveries and partial performance, unless the customer proves that the partial delivery or partial performance is of no interest for him.

§ 16 Additional provisions for projects and software supplies

(1) If we have contractually accepted the design, creation and maintenance of websites, the following applies:

(1.1) The customer shall indemnify us for creating the necessary material. We are obliged to use only the customer's submitted text and image material or the customer data provided at the creation. Deviations must be approved by the customer.

(1.2) With regard to customer-supplied material is solely the customer to comply with the statutory requirements or other restrictions on the content of the ordered sites, in particular responsible for the observance of copyrights and other intangible rights of others. Nevertheless, we may reject the creation of websites, if this violation of laws, prohibitions or other restrictions would be violated or infringed by the creation of copyright. An obligation on our part to ensure the verification of any intangible rights of third parties in the customer's own material is not, except in cases of obvious infringement.

(1.3) The parties shall each submit separate application for each page type and scope of design work and the desired functionality set. The Parties may also agree on general standards.

(1.4) We put the customer the finished product (website), before being protected by a password for the client properietäres, on the internet for acceptance.

(1.5) The customer has no right to the source resulting in the creation or any other files or data or other Gestaltungszwischenstufen.

(2) We shall give the customer with the exception of the user-exclusive and non-transferable license. We are providing services for the design of the Internet presence of the customer, the purpose of such site and / or their components is limited to use on the Internet. This right to acquire the customer with full payment of our services.

(3) Special rules in connection with software from other companies:

(3.1) (included programs included software) companies' products are carefully checked by us. We are not responsible for damages resulting from incorrect programming. For programs of contractors to ensure conditions are the respective manufacturer.

(3.2), The computer programs remain the property of the manufacturer or ours. With the payment of the purchase price, the customer acquires only the right to contractual use of the software product. In particular, copies may not be disclosed to third parties.

(3.3) The extent of the use right shall be governed by a written license agreement (software contract) between the manufacturer and the customer. By opening the sealed disk packaging, the respective license agreements are recognized by the manufacturer. No return or exchange into another product is no longer possible.

§ 17 Data Protection, Data Security

(1) The customer is hereby notified pursuant to § 33 para 1 of the Federal Privacy Act and § 3 para 5 Teledienstedatenschutzgesetz the fact that we detect their address in machine readable form and process for the contract resulting from mechanical tasks.

(2) If we are to deliver the contracted amount of benefits due to use of third parties, we may disclose subscriber information if necessary for the performance is.

(3) Both parties are committed to that, each with the contract management staff was concerned, the relevant data protection and other relevant legal provisions and attends knows.

(4) Both parties must keep confidential passwords and change them immediately, as soon as there is a presumption that unauthorized third parties have received from the password. The customer will inform us immediately if there is a corresponding suspicion. The same applies in reverse for us when we make changes to passwords, which are for the customer and its activities is important. The transmission of the new passwords in accordance with agreement between the parties only to specially authorized persons to the respective party.

§ 18 Final provisions

(1) Address changes are notified immediately of the other Contracting Party.

(2) The customer may transfer the rights and obligations arising from contractual relationships with us only after prior written approval by us to anyone else. The same right to us under the appropriate conditions.

(3) performance is Starnberg, Germany. Exclusive jurisdiction for all claims arising from and based on the contractual relationship between the parties, including checks and bills, and any action arising between the parties to a dispute concerning the formation, liquidation or termination of the contract is, if the customer is merchant, legal person of public law or public law special fund, the jurisdiction of our jeweilligen establishment. We reserve the right to bring proceedings against the customer at the general or other jurisdiction.

(4) The customer is obliged to apply in commercial transactions in technical and contractual matters to the address specified in the contract, if not for technical questions in the basic contract or any other additional contact has been designated.

(5) It is only the law of the Federal Republic of Germany.