Status: 30.12.2024
§ 1 - Description of services
The provider provides IT services exclusively for business customers. The main focus is on the creation/maintenance/optimisation of websites and web hosting.
An overview of the exact service description can be found on the respective product pages. The information given there becomes a binding technical part of the contract for the services.
§ 2 - Formation of contracts
1. for WP-Webagentur, the customer can make a non-binding enquiry via the website (wp-webagentur.de), by e-mail or by telephone. The customer will then receive a non-binding offer for the requested service by e-mail. The customer can then confirm this by e-mail or, if available, via an online platform using an acceptance button. This concludes the contract.
2. for WPINABOX, the provider provides its customers with a shop system on the website (my.wpinabox.de). A customer account must be created so that orders can be placed. The customer can then place the desired tariffs/domains in the shopping basket via their customer account and place a binding order via a checkout process. This concludes the contract.
3. in order to participate in the Partner Programme, the future Partner shall create on the Website my.wpinabox.com a customer account and then applies for approval for the partner programme via a support ticket. This concludes the contract.
§ 3 - Data collection and storage
The provider collects and processes the data required for the provision and billing of services to the customer. This is inventory data, usage data and billing data. In all other respects, the data protection regulations of our contract for order processing pursuant to Art. 28 DS-GVO apply.
§ 4 - Payments and prices
1. unless otherwise agreed, charges are payable in advance for the billing period selected in the order.
2. means of payment are bank transfer, SEPA direct debit (active customers only) and credit card (Visa, Mastercard, AMEX).
3. invoices must be paid within 10 days of receipt.
4. if the customer is in default of payment, the provider may temporarily restrict or block the services after prior reminder and announcement. If no payment is made even after a final request for payment, the Provider shall be entitled to terminate the contract in accordance with Section 15 (4).
5. the prices stated on the provider's website are intended for traders and do not include VAT.
6. for orders for the creation of a website, the provider may request a deposit of up to 50% of the offer price.
§ 5 - Obligations of the customer
(1) The customer is obliged to provide correct and complete personal data when registering and to inform the provider immediately of any changes to this data.
2. the customer assures that he is an entrepreneur.
3. the customer is responsible for any misuse of his access data by third parties if he is responsible for this. The customer undertakes to inform the provider immediately as soon as he becomes aware that unauthorised third parties are aware of the access data.
4 The provider does not check the contents deposited by the customer. The customer himself is responsible for the legality of his content.
The customer is responsible for the legal requirements (e.g. imprint, data protection declaration). Compliance with legal requirements for a website is not part of this order. The provider is not liable for compliance with the legal content of a website.
6. when using the services provided by the provider, the customer is obliged to comply with the relevant legal regulations and not to store or make available for retrieval any content on the contractual storage space whose provision, publication and use violates criminal law, copyrights, trademark and other labelling rights, personal rights or official requirements. In addition, the customer undertakes to refrain from measures that could lead to a disruption of the operation of the provider's servers. In particular, the following actions are prohibited:
- mass sending of emails (e.g. spam emails),
- Depositing and making available data and material of a pornographic, commercial erotic nature and material protected by copyright which the user is not entitled to distribute (e.g. so-called "warez" sites, illegal MP3 downloads),
- Operation of so-called "mining services" for cryptocurrencies such as "Bitcoin", "Ethereum", "OneCoin" or "Monero",
- Depositing and making accessible data and material with left-wing or right-wing extremist content or of an offensive nature, calls for terrorism, acts of violence and content glorifying violence.
7. if the customer culpably violates this obligation, he is obliged to refrain from further violation, to compensate the provider for the damage incurred and still to be incurred by the provider as well as to indemnify and hold the provider harmless from claims for damages and reimbursement of expenses of third parties caused by the violation. The indemnification obligation also includes the obligation to fully indemnify the provider from legal defence costs (court and lawyer's fees etc.) Other rights of the provider, in particular to block the content, remain unaffected. A culpable breach by the customer of the obligation in paragraph (6) entitles the provider to extraordinary cancellation.
§ 6 - Domains
The Provider shall register domains on behalf of the Customer with its domain registrar.
In the event of termination by the customer, the customer shall indicate what is to happen to the domain registered for him/her. If the customer does not provide timely instructions in this respect, even upon request by the Provider, the Provider shall be entitled to delete the domains (close). The same shall apply in the event of termination by the Provider, whereby the customer shall also indicate what is to happen to the domain registered for him/her.
§ 7 - Websites
The supplier undertakes to execute the order professionally by the agreed delivery date. The delivery date shall be the date agreed between the customer and the supplier.
If the customer does not provide the customer with the materials required for the creation of the website (texts, images, videos) in good time, the agreed delivery date on the part of the provider may be delayed accordingly.
The website is checked by the provider for function and appearance with common browser types (Chrome, Firefox and Safari) before publication and, if necessary, reworked. The customer is aware that optical differences and functional restrictions may occur on other or older browsers (e.g. Internet Explorer).
4. if an order is revoked or cancelled by the client during implementation, the work performed or services rendered up to the time of revocation resulting from the accepted offer will be invoiced to the client. At least, however, a claim for damages in the amount of 25% of the agreed sum from the contract shall become due.
(5) The customer undertakes towards the provider to provide only such materials (texts, images, videos) which he has created himself or for which he holds the rights of use. Any infringement of third party copyrights shall be at the expense of the customer.
If the customer provides materials that infringe the rights of third parties, the customer undertakes to indemnify the provider against claims of third parties of any kind. This indemnity claim also includes legal defence costs of the provider (e.g. court and lawyer's fees).
§ 8 - Project acceptance
The customer is obliged to carry out the acceptance within the period of two weeks after receipt of the request for acceptance by e-mail, insofar as the work is ready for acceptance or to notify reservations. This also includes the full inspection of design and functionality.
(2) If the customer fails to comply with his obligations to cooperate even after the fruitless expiry of a grace period, the supplier shall assume tacit acceptance.
§ 9 - Maintenance service
1. if the provider's customer has its own administrator access to its website, then the provider is not liable for any resulting malfunctions on the customer's website.
The Provider shall only be liable for intent and gross negligence if malfunctions on the Client's website were caused by the Provider's own actions on the Client's website.
The Client must, if it has its own administrator access, prove to the Provider that a malfunction on the Client's website was caused by an action of the Provider.
§ 10 - Web hosting
The provider guarantees the availability of its services offered via the Internet and services in the area of web hosting of 99% per year. Downtimes due to regular or sporadic maintenance are included in this. Excluded from this are times in which the provider's servers cannot be reached due to technical or other problems that are beyond the provider's control (force majeure, fault of third parties, etc.).
In order to maintain the performance of the technology used, the Provider shall carry out regular maintenance and service work. Insofar as this work is associated with service outages, the Provider will, if possible, schedule these at times of usually low demand and notify the Customer of this in advance via its status page (status.wpinabox.de).
The Provider is dependent on infrastructures operated by third parties and over which the Provider has no influence in order to provide its services. Therefore, disruptions or impairments may occur that have their cause outside the provider's sphere of influence, in particular internet disruptions or force majeure.
The use of so-called "caching plugins" is mandatory for the provider. Approved plugins can be viewed on the following website:
- https://my.wpinabox.de/was-ist-der-powercache/
The customer undertakes to use one of the caching plug-ins listed there on his website. Changes to this are only permitted with the written consent of the provider.
The Provider is entitled to temporarily block the services made available to the Customer if the Customer violates the obligations of conduct or if there is a corresponding, concrete suspicion.
The customer agrees to receive e-mails from the provider regarding important server information (e.g. planned maintenance). This consent can be revoked at any time.
§ 11 - Agency tariffs
1. client pages added via the website management system have a minimum term of 30 days from the date of creation.
2. after the minimum term has expired, the customer can cancel his websites at any time directly via the website management system.
§ 12 - Partner programmes
1. for the application and successful brokerage of transactions (e.g. orders), the partner receives a brokerage commission, which depends on the scope and real value of the service.
2. an order is deemed to be an order generated by a customer on our website that has been fully executed and paid for by the customer (pay per sale). The customer must be an entrepreneur.
The Provider shall provide the Partner with the hyperlinks required for participation in the partner programme, together with the URL of the respective page, for retrieval. The Partner may not modify the HTML code or banners provided by the Provider. The use of these advertising materials is only permitted in connection with participation in a partner programme. Any passing on of information or advertising material to third parties is not permitted.
4. the brokerage commission is 10 % of the net price of the customer invoices (lifetime commission) and is increasing depending on the number of referrals.
Billing takes place on a monthly basis. Payments are made from a commission sum of 50 € (net) via PayPal or bank transfer.
There is no entitlement to participate in the partner programme.
The partner may only advertise the provider on its own website. Context-based advertisements (e.g. Google AdWords or AdSense) that contain our name, company keywords, brands or are delivered due to the use of corresponding keywords are prohibited.
The Partner shall be responsible for the content and the ongoing operation of the Partner Website and shall not place any content there during the term of this contract that violates applicable law, morality or the rights of third parties and/or is likely to damage the reputation of the Provider. The Provider is entitled, but not obliged, to check the Partner Websites.
9) Any form of abuse, i.e. the generation of orders via unfair methods or inadmissible means that violate applicable law and/or these Terms and Conditions, is prohibited. Insofar as the generation of the order was based on manipulation or deception or a violation of the conditions of these terms and conditions, the provider is entitled to reclaim the amount paid out.
The Partner shall immediately remove advertising material from the Partner Website if requested to do so by the Provider.
§ 13 - Liability
The customer undertakes to indemnify the provider against claims of any kind by third parties,
- resulting from the illegality of content that the customer has stored on the storage space provided to him,
- resulting from copyright infringements and
- resulting from incorrect or incomplete mandatory information, in particular information on the imprint, privacy policy, right of withdrawal and GTC.
This indemnity claim also includes legal defence costs from the provider (e.g. court and lawyer's fees).
The provider is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the provider is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which is regularly relied upon. In this case, however, the provider shall only be liable for the foreseeable damage typical for the contract. The provider is not liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, limb and health and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the supplier is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 14 - Contract term / cancellation
The term of the contracts is based on the package agreed or selected on the provider's websites at the time of conclusion of the contract. Unless otherwise agreed there, the contract shall be extended by the respective term if it is not terminated 4 weeks before the expiry of the selected contract term.
2. the partner programme is not bound to a specific term.
The contractual relationship may be terminated by either party without notice for good cause. The termination must be made in writing.
4 The provider reserves the right to terminate the contract without notice if the customer does not fulfil his payment obligation despite several reminders and a reasonable deadline. In this case, the tariff is automatically cancelled as soon as the last payment deadline has passed.
5. cancellation in accordance with paragraph 4 releases the customer from further claims by the provider, provided that no other outstanding claims exist.
6 Cancellation can be made via the cancellation form on the provider's website or directly via the customer area using the "Cancel tariff" button.
§ 15 - Final provisions / Place of jurisdiction
The contractual language is German.
The place of jurisdiction is Nicosia, Cyprus.