AGB

Allgemeine Geschäftsbedingungen - ZAP-Hosting.com

Terms

… all information about our terms of service.

§1 Area of application

(1)The following terms and conditions contain the effective conditions between us, the company ZAP-Hosting GmbH & Co. KG, Krokusweg 9a, 48165 Münster (hereinafter “Zap-Hosting.com” or “we”) and the customers for the Server Services provided by us, but for any other written argeements. Consumer according to these terms and conditions is any natural person, who conducts a legal transaction, which for the most part can neither be attributed to their commercial nor their independent occupational activity. An entrepreneur according to these terms and conditions is any natural person or partnership with legal capacity which, when conducting a legal transaction, practices its commercial or independent occupational activity.

(2)The contractual language is german.

§2 Registration/Account

(1)In order to make use of our services the customer has to register. By registering the customer agrees to these terms and conditions.

(2)For the registration an e-mail address, a username and a password are necessary. Optionally and for certain contractual products additional personal information such as address, phone number and date of birth are required.

(3)The customer ensures that all information provided at registration is correct and complete.

§3 Service

(1)As a provider the company Zap-Hosting.com performs services making contents available over the internet. For this we provide systemresources on a virtual or dedicated server to the customer.

(2)On the server the contents of the Internet address, which is made available by the customer, are held ready. The service of the provider when transmitting data is limited to communication of data between the point of transfer of the own data communications network to the internet and the server made availabe to the customer. Influencing the data traffic outside of the own communications network is not possible for the provider. A successful transmission of information from or to the interrogating computer is, insofar not owing.

(3)Zap-Hosting.com guarantees an annual average accessibility of 99,5% to the server. Times in which the server is unaccessible through the internet, due to technical or other problems which are outside of the control of Zap-Hosting.com, (higher power, third parties’ faults) are exempt from this.

(4)Zap-Hosting.com reserves the right to change or extend the offered service, according to how that may be required for improvement or how it may be facilitated or made necessary by technichal development. Zap-Hosting.com obligates itself to enact such changes within a reasonable frame for customers, respecting interests of Zap-Hosting.com. In case a product description states certain FPS numbers or pingtimes, Zap-Hosting is restricting that performance in the interest of the customer to lower transfer rates in order to achieve constant values.

§4 Duration of contract and cancellation

(1)If the customer does not cancel the contractual relationship in time (one week before the end of the contract), the contract is extended by the same time span as the hitherto existing contract. For rootserver products the period of notice is 4 weeks (28 days).

(2)The cancellation can be carried out by mail or fax to the respectively valid adress in the imprint or with the online support via e-mail or the ticktsystem in the server administation area (Webinterface).

(3)The right for both parties to termination for cause remain unaffected.

§5 Terms of payment and prices

(1)The agreed upon compensation is due at the moment of order. The payment for the service is carried out via the payment methods offered by us.

(2)Prices apply as stated at the moment of order. The prices stated in the price information contain the legal turnover tax.

(3)The customer can offset claims by Zap-Hosting.com only with an indisputable or legally binding or adjudicated counterclaims.

§6 Right of revocation for customers

(1)You have the right revoke the contract within fourteen days without indication of reasons for revocation. The revocation period is fourteen days starting the day of conclusion of the contract. In order to make use of your right of revocation you have to inform us (ZAP-Hosting GmbH & Co. KG, Tel.: +49 (0) 251 149 811 80, E-Mail: info (at) zap-hosting.com) with a distinct declaration (i.e. a letter sent by mail or e-mail) of your decision to revoke the contract. For observation of the revocation period, it is sufficient to send the notice about the exercise of the right of revocation before expiration of the revocation period. If you revoke this contract, we have to refund all payments, which we have recieved from you, including the delivery cost (except the additional costs, which result from you having chosen an alternative way of delivery from the low priced standard delivery, offered by us), immediately and not later than fourteen days from the day on which the notice about the revocation of the contract has been recieved by us. For that refund we will use the same payment method which you used for the initial transaction, except, something else has expilcitly been agreed upon with you; in no case will we charge you with any fees for this refund. In case you requested, that the services should begin during the period of revocation, you have to pay us an appropriate amount, which is in accordance with the the portion of the already supplied services compared to the intended scope of the contract, at the moment at which you informed us of the exercise of the right of revocation of the contract.

Expiration of the right of revocatoin The right of revocation expires for a contract over the supply of services, when ZAP-Hosting.com has fully supplied the service, and started supplying the service only after the customer has given his or her explicit approval and at the same time has confirmed his or her knowledge of the fact, that the right of revocation is lost when the contract is completely fulfilled by the entrepreneur.

§7 Obligations of the customer

(1)All data transmitted from Zap-Hosting.com to the customer are to be treated strictly confidential, espesially passwords or other login details for the use of the contract. If passwords are used by third parties the customer is obligated to bear the resulting costs and supply possible compensation. The customer explicitly releases Zap-Hosting.com from claims, that are made by third parties because of the violation of this obligation. In no case may passwords be removed from serves with password protection. Moreover, the password may, neither entirely, nor in parts, be contained in the server name. For components in relation to gameservers it is forbidden to utilise the webspace for commercial purposes, without the explicit permission of Zap-Hosting.com.

(2)The customer is obligated to ensure that on the server he or she rented, there are no unlawful, right-wing extremist, obscene, threatening, insulting, defamatory or violence advocating contents saved, depicted or in any other form made publicly available. The same applies to contents which disclose privat information about persons, without their permission, contents which violate trademarks, copyright or other interlectual property, contents which lead others to commit criminal acts or acts, that undermine civil order or violate local, state or international laws.

(3)The customer is obligated to secure data dicretely. Backup services provided by Zap-Hosting.com are free of charge and, in the case of data loss, Zap-Hosting.com is not liable for damages.

(4)In the case of contraventions Zap-Hosting expilcitly holds the right to prevent access to such contents, delete them and abnormally terminate the contract with the customer. Furthermore Zap-Hosting.com will transmit user data to a higher government authority, if it demands to do so by putting forward a lawful instruction.

§8 Liability and limitation of liability

(1)Zap-Hosting.com is liable for intend and culpable negligence. Further we are laible for negligent violation of obligations, whose fullfillment make the orderly implemantation of the contract possible in the first place, whose violations endanger the fullfillment of the purpose of the contract and whose comlpliance you as a customer trust in regularly. In the last-mentioned case we are, however, only liable for predictable and typical for the contract damage. We are not liable for slightly negligent violation of obligations other than those stated in the above-mentioned sentences. The above-mentioned disclaimers do not apply for injury to life, body and health. Liability according to law on product liability remains unaffected.

(2)Communication of data over the internet can, by the current state of technology, not be flawlessly and/or at all timed assured. In particular, liability is limited, when performance delays and or performance shortfalls are caused by higher power and/or unpredictable, temporary impairments and impairments not to be represented by Zap-Hosting.com. Among these impairments in particular are natural disasters, accidents, terrorism, official directives, strikes, lockouts and legal intra-company industrial dispute actions.

(3)Zap-Hosting is not liable for loss of data through higher power or human error. The protection off all sensitive server data is incumbered upon the customer according to §7 (3)

§9 Buyserver

(1)Serverproducts referred to as “Buyserver” are paid one-time instead of monthly. Zap-Hosting ensures lifelong availability of the server, as far as no long-term inactivity of the service, as decribed in (2), occurs.

(2)If a Buyserver is neither used, started nor selected in the webinterface by the customer for 6 months, Zap-Hosting holds the right to terminate the contract without notice and delete all product related data.

§10 Domains

(1)The Booking of a TLD is possible for no more and no less than 1 year. If the domain is not cancelled with a period of notice of 4 weeks, the contract is automatically extended by another year.

(2)ZAP-Hosting reserves the right to delete an inactive domain.

(3)The right of revocation does not apply to domains. Domains can not be revoked.

§11 Final provisions

(1)The law of the German Federal Republic applies. Binding regulations of the state, in which the customer has his or her main residence remain unaffected.

(2)If a customer had his main residence or permanent dwelling in Germany at the moment of conclusion of the contract, and either moved it at the time of bringing a suit, or his or her domicile at that time are unknown, then the place of jurisdiction for all disputes is the venue of the consumer.

(3)In case individual terms of this contract are invalid or contradict statutory rule, the contract remains unaffected by that for the rest. The invalid term or condition will be replaced conjointly by the contract parties with a lawful term or condition, which comes closest to the economical purpose of the invalid term or condition. The above-mentioned arrangement applies respectively for gaps or loopholes.