As of: December 30, 2024
§ 1 – Description of services
1. The provider provides IT services exclusively for business customers. The focus here is on the creation/maintenance/optimization of websites and web hosting.
2. An overview of the exact service description can be found on the respective product pages. The information provided there becomes a binding technical part of the contract for the services.
§ 2 – Conclusion of contracts
1. Customers can submit a non-binding inquiry to WP-Webagentur via the website (wp-webagentur.de), by email, or by phone. The customer will then receive a non-binding offer for the requested service by email. The customer can then confirm this offer by email or, if available, via an online platform using an acceptance button. This concludes the contract.
2. For WPINABOX, the provider makes a shop system available to its customers on the website (my.wpinabox.de). A customer account must be created in order to place orders. The customer can then add the desired tariffs/domains to the shopping cart via their customer account and place a binding order via a checkout process. This concludes the contract.
3. To participate in the partner program, the future partner creates an account on the website. my.wpinabox.com a customer account and then requests 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 to provide and bill services to the customer. This includes inventory data, usage data, and billing data. In all other respects, the data protection regulations of our contract for order processing in accordance with Art. 28 GDPR apply.
§ 4 – Payments and prices
1. Unless otherwise agreed, fees shall be paid in advance for the billing period selected in the order.
2. Payment methods are bank transfer, SEPA direct debit (active customers only), and credit card (Visa, Mastercard, AMEX).
3. Invoices are payable within 10 days of receipt.
4. If the customer defaults on payment, the provider may temporarily restrict or block services after issuing a prior warning and notification. If payment is still not made after a final payment request, the provider is entitled to terminate the contract in accordance with § 15 (4).
5. The prices stated on the provider's websites are aimed at businesses and are exclusive of VAT.
6. For orders to create a website, the provider may request a deposit of up to 50% of the quoted price.
§ 5 – Obligations of the customer
1. The customer is obligated to provide accurate and complete personal data when registering and to notify the provider immediately of any changes to this data.
2. The customer assures that he/she is an entrepreneur.
3. The customer is responsible for any misuse of their access data by third parties if they are at fault for this. The customer undertakes to inform the provider immediately as soon as they become aware that unauthorized third parties have knowledge of the access data.
4. The provider does not check the content stored by the customer. The customer is responsible for the legality of their content.
5. The customer is responsible for legal requirements (e.g., legal notice, privacy policy). Compliance with legal requirements for a website is not part of this order. The provider is not liable for compliance with legal content on 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 any content on the contractual storage space or make it available for retrieval if its provision, publication, and use violates criminal law, copyrights, trademark and other labeling rights, personal rights, or official requirements. In addition, the customer undertakes to refrain from any actions that could lead to a disruption of the provider's server operations. The following actions are prohibited in particular:
- mass mailing of emails (e.g., spam emails),
- Storing and making available data and material of a pornographic or commercial erotic nature, as well as copyrighted material that the user is not authorized 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,“,
- Storing and making available data and material with left-wing or right-wing extremist content or offensive character, incitement to terrorism, acts of violence, and content glorifying violence.
7. If the customer culpably violates this obligation, they are obliged to refrain from further violations, to compensate the provider for any damage incurred or yet to be incurred, and to indemnify and hold the provider harmless from any claims for damages and reimbursement of expenses by third parties caused by the violation. The indemnification obligation also includes the obligation to fully indemnify the provider for legal defense costs (court and attorney's fees, etc.). Other rights of the provider, in particular the right to block content, remain unaffected. A culpable breach of the obligation in paragraph (6) by the customer entitles the provider to extraordinary termination.
Section 6 – Domains
1. The provider registers domains on behalf of the customer with its domain registrar.
2. In the event of termination by the customer, the customer must specify what should happen to the domain registered for them. If the customer does not provide timely instructions in this regard, even after being asked to do so by the provider, the provider is entitled to delete (close) the domains. The same applies in the event of termination by the provider, whereby the customer must also specify what should happen to the domain registered for them.
Section 7 – Websites
1. The provider undertakes to execute the order professionally by the agreed delivery date. The delivery date is the date agreed between the customer and the provider.
2. If customer materials required for the creation of the website (texts, images, videos) are not provided by the customer in a timely manner, the agreed delivery date on the part of the provider may be delayed accordingly.
3. Before publication, the provider will check the website for functionality and appearance using common browser types (Chrome, Firefox, and Safari) and make any necessary adjustments. The customer is aware that visual differences and functional limitations may occur on other or older browsers (e.g., Internet Explorer).
4. If an order is revoked or canceled by the customer during implementation, the customer will be invoiced for the work or services performed up to the time of revocation as specified in the accepted offer. However, a minimum compensation claim of 25% of the agreed sum from the contract will be due.
5. The customer undertakes to provide the provider only with materials (texts, images, videos) that they have created themselves or for which they own the rights of use. Any infringement of third-party copyrights shall be borne by the customer.
6. Should the customer provide materials that infringe the rights of third parties, they undertake to indemnify the provider against any claims by third parties. This indemnification claim also includes the provider's legal defense costs (e.g., court and attorney's fees).
Section 8 – Project Acceptance
1. The customer is obligated to accept the work within two weeks of receiving the request for acceptance by email, provided that the work is ready for acceptance, or to communicate any reservations. This also includes a comprehensive review of the design and functionality.
2. If the customer fails to fulfill their obligations to cooperate even after a grace period has expired without result, the provider shall assume tacit acceptance.
Section 9 – Maintenance Service
1. If the provider's customer has their own administrator access to their website, the provider shall not be 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 customer's website were caused by the provider's own actions on the customer's website.
If the customer has their own administrator access, they must prove to the provider that a malfunction on the customer's website was caused by an action of the provider.
Section 10 – Web hosting
1. The provider guarantees the availability of its services offered via the Internet in the area of web hosting by 99% per year. This includes downtime due to regular or sporadic maintenance. This does not include times when the provider's servers cannot be accessed due to technical or other problems beyond the provider's control (force majeure, third-party fault, etc.).
2. The provider shall carry out regular maintenance and service work to maintain the performance of the technology used. If this work results in service outages, the provider shall, where possible, schedule these during periods of typically low demand and notify customers in advance via its status page (status.wpinabox.de).
3. The provider is dependent on infrastructures operated by third parties over which the provider has no influence in order to provide its services. This may result in disruptions or impairments that are beyond the provider's control, in particular Internet disruptions or force majeure.
4. 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 plugins listed there on their website. Changes to this are only permitted with the written approval of the provider.
5. The provider is entitled to temporarily block the services provided to the customer if the customer violates the rules of conduct or if there is a corresponding, concrete suspicion of such a violation.
6. The customer agrees to receive emails from the provider containing important server information (e.g., planned maintenance). This consent can be revoked at any time.
§ 11 – Agency rates
1. Customer 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 their websites at any time directly via the website management system.
Section 12 – Partner Programs
1. For the promotion and successful brokerage of transactions (e.g., orders), the partner receives a brokerage commission that depends on the scope and actual value of the service.
2. An order is defined as a fully completed order generated by a customer on our website that has also been paid for by the customer (pay per sale). The customer must be a business owner.
3. The provider shall make the hyperlinks required for participation in the partner program, together with the URL of the respective page, available to the partner 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 disclosure of information or advertising materials to third parties is prohibited.
4. The commission is 10% of the net price of customer invoices (lifetime commission) and increases depending on the number of referrals.
5. Settlement takes place on a monthly basis. Payments are made via PayPal or bank transfer once the commission amount reaches €50 (net).
6. There is no entitlement to participate in the partner program.
7. The partner may only advertise the provider on their own website. Context-based advertisements (e.g., Google AdWords or AdSense) that contain our name, company slogans, trademarks, or are delivered based on the use of corresponding keywords are prohibited.
8. The Partner is responsible for the content and ongoing operation of the Partner Website and shall not place any content on it during the term of this Agreement that violates applicable law, morality, or the rights of third parties and/or is likely to damage the Provider's reputation. The Provider is entitled, but not obligated, to review the Partner Websites.
9. Any form of abuse, i.e., the generation of orders using unfair methods or inadmissible means that violate applicable law and/or these General Terms and Conditions, is prohibited. If the generation of the order was based on manipulation or deception or a violation of the terms and conditions of these General Terms and Conditions, the provider is entitled to reclaim the amount paid out.
10. The Partner shall immediately remove advertising material from the Partner Website if requested to do so by the Provider.
Section 13 – Liability
1. 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 them,
- resulting from copyright infringements and
- resulting from incorrect or incomplete mandatory information, in particular information regarding the legal notice, privacy policy, right of withdrawal, and terms and conditions.
This indemnification claim also includes legal defense costs incurred by the provider (e.g., court and attorney fees).
2. The provider shall be liable without limitation if the cause of damage is based on intent or gross negligence. Furthermore, the provider shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies. In this case, however, the provider shall only be liable for foreseeable damage typical for this type of contract. The provider shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb, or health, or in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected. Insofar as the provider's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
§ 14 – Contract term / Termination
1. The term of the contracts is based on the package agreed or selected on the provider's website at the time the contract is concluded. Unless otherwise agreed, the contract shall be extended for the respective term if it is not terminated 4 weeks before the end of the selected contract term.
2. The partner program has no fixed term.
3. The contractual relationship may be terminated without notice by either party for good cause. Notice of termination must be given in writing.
4. The provider reserves the right to terminate the contract without notice if the customer fails to meet their payment obligations despite multiple reminders and reasonable deadlines. In this case, the tariff will be automatically terminated as soon as the last payment deadline has passed.
5. Termination in accordance with paragraph 4 releases the customer from further claims by the provider, provided that no other outstanding claims exist.
6. Cancellation is carried out using 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
1. The contract language is German.
2. The place of jurisdiction is Nicosia, Cyprus.