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AGB

General terms and conditions of business

Status: 15.06.2021

§ 1 - Description of services

The provider provides IT services exclusively for business customers. The focus is on the creation/maintenance/optimization 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 request 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.

For WordPress in a BOX, the Provider provides its customers with a shop system on the website (my.wpinabox.de). In order to place orders, a customer account must be created. The customer can then place the desired tariffs/domains in the shopping cart via his customer account and place a binding order via a checkout process. This concludes the contract.

3. for the participation in the partner program the future partner creates himself on the web page my.wpinabox.com a customer account and then applies for approval for the partner program 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 according to Art. 28 DS-GVO apply.

§ 4 - Payments and prices

Unless otherwise agreed, fees shall be paid in advance for the billing period selected in the order.

2. means of payment are bank transfer and via the payment provider Stripe payment by credit card and SEPA direct debit.

3. invoices are to be paid within 14 days after receipt.

If the customer is in default of payment, the provider can restrict or block the services after prior reminder and announcement.

5. the indicated prices on the web pages of the supplier are addressed to traders and are exclusive of 19 % value added tax (VAT).

6. in the case of orders for the creation of a website, the provider may require a deposit in the amount of 25% of the offer price.

§ 5 - Obligations of the customer

The customer is obligated to provide correct and complete personal data upon registration and to inform the provider immediately of any changes to this data.

2 The customer assures that he is an entrepreneur in the sense of § 14 BGB.

3 The customer is responsible for any misuse of his access data by third parties if he is responsible for this.

A check of the contents deposited by the customer by the provider does not take place. The customer is responsible for the legality of his content.

The customer is responsible for the legal requirements (e.g. imprint, privacy policy). The compliance with legal requirements on a website are not part of this order. The provider is not liable for compliance with the legal content of a website.

(6) The Customer undertakes to comply with the relevant statutory provisions when using the services provided by the Provider and to refrain from actions that could lead to a disruption in the operation of the Provider's servers. The following actions in particular are prohibited:

  • mass sending of e-mails (e.g. spam mails),
  • 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.

§ 6 - Domains

The provider registers domains on behalf of the customer with his domain registrar. The customer is deposited as the domain holder.

In the event of termination by the customer, the customer must indicate what is to happen to the domain registered for him. If the customer does not provide timely instructions in this regard, even upon request by the provider, the provider is 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.

§ 7 - Websites

The supplier undertakes to execute the order in a professional manner by the agreed delivery date. The delivery date shall be the date agreed between the customer and the supplier.

If customer materials required for the creation of the website (texts, images, videos) are not provided by the customer in time, the agreed delivery date on the part of the provider can be delayed accordingly.

The website is tested by the provider before publication with common browser types (Chrome, Firefox and Safari) for function and appearance and reworked if necessary. The customer is aware that optical differences and functional limitations may occur on other or older browsers (e.g. Internet Explorer).

If an order is revoked or canceled by the customer during the implementation, the work performed up to the time of revocation or services resulting from the accepted offer will be charged to the customer. At least, however, a claim for damages in the amount of 25% of the agreed sum from the contract is due.

The customer undertakes to the provider to provide only such materials (texts, images, videos) that he has created himself or whose rights of use he owns. Any infringement of third party copyrights shall be at the expense of the customer.

If the customer provides materials that violate the rights of third parties, the customer undertakes to indemnify the provider from claims of third parties of any kind. This indemnity claim also includes legal defense costs of the provider (e.g. court and attorney 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 communicate reservations. This also includes the full inspection of design and functionality.

If the customer does not comply with his obligations to cooperate even after the fruitless expiry of a grace period, the supplier assumes tacit acceptance.

§ 9 - Maintenance service

1. if the customer of the provider has his own administrator access to his website, then the provider is not liable for resulting malfunctions on the website of the customer.

The Provider shall only be liable for intent and gross negligence if malfunctions on the Customer's website are caused by the Provider's own actions on the Customer's website.

The Customer, if it has its own administrator access, must prove to the Provider that a malfunction on the Customer's website was caused by an action of the Provider.

§ 10 - Web hosting

The provider guarantees an 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 regularly carry out maintenance and service work. Insofar as this work is associated with service outages, the Provider will, if possible, schedule these at times when demand is usually low and notify the Customer of this in advance via its status page (status.wpinabox.com).

3 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 sphere of influence of the Provider, in particular Internet disruptions or force majeure.

4. the use of so-called "caching plugins" is mandatory with the provider. Released plugins can be viewed via the following website:

  • https://wpinabox.de/docs/was-ist-der-powercache/

The customer undertakes to use one of the caching plugins listed there on his website. Changes to this are only permitted after written approval from the provider.

5 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. customer pages added via the website management system have a minimum duration of 30 days from the date of creation.

§ 12 - Partner programs

1. for the application and successful mediation of transactions (e.g. orders), the partner receives a mediation commission, which depends on the scope and real value of the service.

An order is deemed to be a fully executed order generated on our website by a customer, which has also been paid for by the customer (pay per sale). The customer must be an entrepreneur in the sense of § 14 BGB.

The Provider shall provide the Partner with the hyperlinks required for participation in the partner program, 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 program. Any transfer 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 brokerages.

The settlement takes place monthly. Payouts are made from a commission sum of 50 € (net) via PayPal or bank transfer.

6 There is no right to participate in the partner program.

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.

(8) 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 Agreement 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. If 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

1 The customer undertakes to indemnify the provider against claims of third parties of any kind,

  • which result from the illegality of contents which 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 general terms and conditions.

This indemnification claim also includes legal defense costs from the provider (e.g. court and attorney fees).

The provider shall be liable without limitation insofar as the cause of 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 also applies to the personal liability of employees, representatives and vicarious agents.

§ 14 - Warranty

1. the legal warranty regulations apply.

§ 15 - Term of contract / Termination

The term of the contracts is based on the package agreed or selected at the time of the conclusion of the contract on the websites of the provider. Unless otherwise agreed, 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 program is runtime unbound.

The contractual relationship may be terminated by either party without notice for good cause. The termination must be made in writing.

§ 16 - Final Provisions / Place of Jurisdiction

German law shall apply. The contractual language is German.

The place of jurisdiction is Hanover, Germany.

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