General Terms and Conditions of Business
together with obligatory information
adlerhost – Kortenbrede Kelm GbR
1. general terms and conditions
1. contracting party, area of application
1.1 These general terms and conditions regulate the contractual relations of adlerhost. – Kortenbrede Kelm GbR, owner: Lasse Kortenbrede & Alexander Kelm, Heidestraße 7a, D-48167 Münster – in the following “adlerhost. called – with their customers.
1.2 As far as in the following only “customer(s)” are mentioned, this concerns both consumers in the sense of § 13 BGB and entrepreneurs in the sense of § 14 BGB.
1.3 If the customers of adlerhost. Consumers, additionally special consumer rights apply to these customers (consumer-customers) in the context of the remote sale and the electronic business transactions.
1.4 Terms and conditions of the customer deviating from these terms and conditions in whole or in part will not become part of the contract, as far as no agreement of adlerhost. in text form is present. The terms and conditions of adlerhost. are valid also exclusively if in knowledge of contradictory terms and conditions of the customer by adlerhost. services are rendered without reservation. Services are rendered unconditionally.
2 Subject matter of the contract
2.1.1 The achievements in detail are described after kind and extent on the web page of adlerhost. in the respective tariffs, as far as contracts do not come off by individual communication. For the customer the respective achievement description is authoritative at the time of the delivery of his order. This achievement description takes precedence over the contract contents described in the following (2.2. to 2.4) in case of contradictions.
2.1.2 As far as server services are concerned, these servers are operated under the responsibility of adlerhost. in data centres in Germany.
2.2 Webhosting, server
2.2.1 adlerhost. provides the customer with a webhosting package according to the service description in the chosen webhosting tariff on a virtual web server (shared server) for the duration of the contract, provides the necessary storage capacity on a web server connected to the internet, enables the customer to administrate his internet presence as well as the maintenance of his contents placed there, arranges and maintains individual domain names, provides mailboxes for receiving and sending e-mails and enables the retrieval of the web pages or the customer’s own contents. the client’s own content of the website by Internet users. In the server tariff chosen by the customer adlerhost. administrates and supervises the web server (managed server) on dedicated servers which are used by only one customer at a time.
2.2.2 The customer receives the non-exclusive right, limited in time to the term of the contract, to use the software functionalities connected with the use of the web servers in accordance with these terms and conditions and the licence regulations of the software providers. The customer does not receive any further rights.
2.3 Domain name registration
2.3.1 As far as adlerhost. is not itself a registration authority for the domain desired or ordered by the customer, adlerhost. applies for the desired domain only on behalf of the customer for registration with the registration authority and gives there for the customer all necessary explanations. The registration contract comes off in these cases between the customer and the registration authority. The various top-level domains (TLDs) are allocated and administered by a large number of different registrars. Each of the different TLDs has its own terms and conditions for registration and administration. These rules also govern the content of the contract. Supplementary to these terms and conditions of adlerhost. the registration conditions and guidelines are valid in each case for the TLD which can be registered, which are announced on the web page of adlerhost. and are kept up-to-date.
2.3.2 adlerhost. does not guarantee that the domain wished and ordered by the customer is assigned and/or the assigned domain is free from rights of third parties or has a permanent existence. Information in the order mask about the fact that a certain domain is still available occurs only on the basis of a data base query and refers only to the time of the information request. The domain is not assigned to the customer until the domain is actually registered for the customer and entered in the registry’s database.
2.3.3 If a domain requested by adlerhost. for the customer according to his wish has already been assigned otherwise until the receipt of the request by the registration authority or if the registration authority refuses the registration, the customer can choose another domain name. The same applies if in case of a provider change the previous provider refuses the provider change.
2.3.4 adlerhost. arranges the application of the domain wished by the customer with the responsible registration authority or registers the domain itself, as far as adlerhost. is a registration authority itself, as soon as the customer has ordered the wished domain. adlerhost. is entitled to carry out the activation of a domain only after payment of the agreed fees. As far as adlerhost. is not a registrar itself, adlerhost. has no influence on the allocation by the respective registrar.
2.3.5 adlerhost. arranges that the customer is registered with the respective registration authority as a domain owner and/or administrative contact (Admin-C).
2.3.6 adlerhost. is allowed to require the form which is necessary for this according to the registration conditions with regard to all declarations concerning the domains (e.g. cancellation of the domain, provider change, deletion of the domain).
2.3.7 adlerhost. co-operates in accordance with the in each case relevant registration conditions with a provider change (KK application).
Subject of the user support of the customer (support) are all consulting and support services in German language with the exception of planning work and monitoring services. The customer can find a question/answer user support (Q&A) on the website of adlerhost.. The customer programs and maintains the contents on the storage spaces provided by adlerhost. according to the contract in sole responsibility.
3 Conclusion of the contract
3.1 The contract comes off in the electronic business dealings to the webhosting, server and domain services offered about the Internet presentation of adlerhost. by the fact that the customer orders the services offered there by adlerhost. in a system held ready on the web page by adlerhost. and adlerhost. accepts the order of the customer by an order confirmation.
3.2 The customer is bound to his order (binding offer) of services according to point 3.1 for the duration of five days.
3.3 The contract is concluded upon receipt of the order confirmation by the customer in response to the customer’s order. The term of the contract shall not commence until the customer’s access (account) has been activated. An order confirmation sent to the customer immediately after receipt of an order alone does not justify the conclusion of the contract.
3.4 adlerhost. reserves itself not to accept an order for important reason in the individual case.
3.5 In all other respects offers of adlerhost., also offers on the web page, are always not-binding.
4. Duties and obligations of the customer
4.1 The customer is obliged to indicate the data necessary for his order completely and correctly, i.e. according to the truth, to enter in particular into the input fields provided about the website of adlerhost. The obligation to the truthful information concerns in particular the information to the company, to first name and surname, to street and house number, to postcode, place and country, to telephone and e-mail address as well as to the bank data, as far as these are relevant for the direct debit authorisation. If the customer offends against the obligation to the truthful explanation, adlerhost. is entitled to terminate the contractual relation including the domain with immediate effect.
4.2 Changes concerning the data declared by the customer will be corrected or updated by the customer immediately. The customer is obligated to keep his e-mail address indicated to adlerhost. in the order mask up to date and to call regularly e-mail inboxes of adlerhost.
4.3 The customer usually already receives a user name and a password with the order confirmation, i.e. letter and/or number sequences or special characters which serve the purpose to exclude the use by unauthorized persons in order to dial into the customer administration system (KAS), the MembersArea and into his webmail program provided by adlerhost. User names and password have to be kept protected from unauthorised access by third parties. For security reasons they have to be changed in regular intervals. In digital media, the customer may only store user names and passwords in encrypted form.
4.4 If a password is entered incorrectly several times, this may result in the blocking of the usage options to which the password applies for the protection of the customer.
4.5 The contents put by the customer into the storage media left by adlerhost. are to be saved in regular intervals by the customer on own storage media which are not such of adlerhost. (backup duty). The customer is furthermore obliged to save his other data independently. This is valid in particular – also for purposes of a possible tax-legal storage duty – for e-mails of the mailboxes held ready by adlerhost. adlerhost. takes over a duty to the data protection only if this is expressly promised as a service duty to a tariff. Also for this case the customer remains obliged to a regular data protection on own storage media.
4.6 The customer is obligated not to exceed quantity-limited inclusive achievements, provided that an excess is not expressly agreed contractually. If adlerhost. determines that the quantity volume (“traffic”) of a customer exceeds the framework provided for the corresponding tariff in one month by more than 10 percent, adlerhost. will inform the customer about this and offer the customer to conclude a contract with a correspondingly higher quantity volume. If this offer should be rejected by the customer, adlerhost. is entitled to terminate the contractual relationship with a period of notice of two weeks to the end of a calendar month.
4.7 The customer has to ensure – in particular if shared servers are used – that the internet presences or data of other customers of adlerhost., the server stability, server performance or server availability are not affected contrary to the contractually assumed use.
4.8 Information of adlerhost. to the customer which concern the contract conclusion, the contract winding up, in particular the invoice as well as the dunning, including the contract termination (notice), take place as a rule in text form (i.e. by e-mail). Only in exceptional cases or in cases of legal obligation adlerhost. Texts in writing and addresses these to the address of the customer mentioned to him. The customer is obliged to deposit exclusively valid e-mail addresses to adlerhost. under which the customer can receive electronic mail and to retrieve this mail regularly.
4.9 For important reason adlerhost. can require from the customer that he uses the e-mail address of adlerhost. or another e-mail provider for purposes of the communication, in particular the support and the sending of invoices, than the one which the customer has indicated with his order or has deposited in the consequence.
5 Responsibility of the customer for the domain and information
5.1 The customer is responsible according to the general laws for the domain itself as well as for all contents which the customer keeps accessible or stores on the web server (information, i.e. data, graphics, pictures, pieces of music, videos or other information which are accessible or distributed via the technologies provided by adlerhost). The same is valid for actions of use on the web servers which the customer has caused.
5.2 In the event that the customer’s Internet presence constitutes a telemedia service, the customer shall continue to fulfil the information obligations which the law imposes on a provider of electronic information and communication services and telecommunication services. He must observe the requirements of the data protection laws insofar as he himself processes personal data or has personal data processed.
6.1 The services of adlerhost. may not be used by the customer to enable unsolicited e-mails to third parties for advertising purposes (mail spamming) or to enable the dispatch of messages for advertising purposes (news spamming), to send threatening or harassing messages to third parties or to enable the unauthorised retrieval of information or to penetrate data networks without authorisation. If the customer sends spam e-mails, adlerhost. is entitled to block the electronic mailboxes on the e-mail server temporarily.
6.2 adlerhost. can filter and not deliver the e-mails sent to its customers or to the e-mail boxes set up by them on the basis of objective criteria if facts justify the assumption that an e-mail contains harmful code computer viruses, worms or Trojans etc.), if sender information is false or disguised or if it is unsolicited or disguised commercial communication.
6.3 The customer is not allowed to sublease services, unless he is a reseller authorised by adlerhost.
6.4 The customer is obliged to keep his systems and programs on the servers of adlerhost, which he shares with other customers according to agreement (shared server) in such a way that neither the security, the integrity nor the availability of the networks, servers and software which adlerhost. uses for the supply of her services is impaired. adlerhost. is entitled to block the access of the customer or third or to regulate if his networks, servers and software act or react deviant from the regular operating behaviour and the security, the integrity or the availability of the systems of adlerhost. is impaired by it.
6.5 Beyond that forbidden types of use or acts of use are announced on the website of adlerhost.
6.6 During the temporary blockage in the sense of the preceding paragraphs adlerhost. keeps the claim on the agreed remuneration.
7.1 The customer can expect an average accessibility of the servers and data ways held ready by adlerhost. up to the transfer point into the Internet (backbone) in the amount of 99.0% on the year. Excluded from this are times in which the server is not accessible due to technical or other problems which are not in the sphere of influence of adlerhost.
7.2 adlerhost. can restrict the access to the services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.
8. Terms of payment
8.1 If not agreed differently, services of adlerhost. become due for payment after service provision and handing over of an invoice.
8.2 For achievements of the hosting or the domain service the following is agreed:
8.2.1 For achievements of the hosting or the domain service the customer determines with his order the payment due date himself by choosing a prepayment period (1 month, 3, 6, 12, 24, 36 months). Customers who are not domiciled in Germany can only choose between 12, 24 or 36 monthly prepayments.
8.2.2 The pre-payment becomes due as soon as the order of the customer has been accepted by adlerhost. by the order confirmation, not, however, before the customer has received the access data for the server or the servers. The activation of the customer access (account) furnished for the customer can make adlerhost. dependent on the receipt of payment.
8.2.3 SEPA-mandate: The customer authorises adlerhost. in the context of his order for the tariff wished by him and for the wished pre-payment period to collect the respective amount of the demand of adlerhost. due from the customer’s account by direct debit (direct debit authorisation/ SEPA-mandate). The “mandate” is the consent of the payer (the customer of adlerhost.) towards the payee (adlerhost.) to collect due receivables by direct debit and the instruction to his payment service provider (paying agent, the customer’s bank) to redeem by debiting his payment account. The direct debit is initiated by the payee (adlerhost.). The announcement of the collection (advance information / “prenotification”) takes place at the latest 5 working days before assertion of the debit note, as a rule with the invoice. The collection by adlerhost. takes place at the earliest 5 working days after invoice date. The invoice is announced to the customer by e-mail to the address deposited by him or in his personal configuration menu or in other agreed way and can be called there by him. The customer shall ensure that there are sufficient funds in the account specified so that the amounts due can be collected.
8.2.4 The customer shall receive an invoice or calculation of the agreed and due remuneration in electronic form as a PDF document. Entrepreneur Clients shall receive an invoice issued in accordance with the tax regulations by post upon express request. The customer is not entitled to a digitally signed invoice (§ 14 para. 3 UStG).
8.2.5 In case of the default of the customer with his due payment obligations adlerhost. is entitled to block the access of the customer to the storage media provided by adlerhost. adlerhost. will point out this consequence of his default of payment to the customer in a reminder which will be sent by e-mail to the e-mail address last named by the customer. If the reminder by e-mail is not deliverable, adlerhost. is entitled to block the access immediately provisionally. In the delay of the customer the payment obligation of the customer continues despite blocked access.
9.1 adlerhost. will make use of the technical possibility of the blockage of the access of the customer to the provided services only in necessary exceptional cases and will always consider the justified interests of the customer. If adlerhost. carries out a blockage, adlerhost. is entitled to the blockage of all contractual services and performances if necessary. The choice of the blocking measure lies in this respect in the discretion of adlerhost. As far as a registered domain is the reason for the blockage, adlerhost. is entitled to give the domain of the customer into the administration of the registration authority.
9.2 By a justified blocking of adlerhost. the customer is not released from his obligation to pay the agreed fees.
9.3 If adlerhost. If adlerhost. receives warnings, reminders or admonitions from third party, which contain the credible assertion of law breakings, adlerhost. is entitled to block the access of third parties to the complained information, from which the injury proceeds, without further legal examination, if the customer does not prove immediately opposite adlerhost. that a law breaking does not exist or adlerhost. is released by the customer – if necessary with performance of a security – from the consequences of a claim by third parties. To a legal advice towards the customer adlerhost. is not obliged.
9.4 adlerhost. fulfils his duties of notification for the preparation or defence and execution of the block if he sends the respective notifications about this by e-mail to the e-mail address given by the customer. It is a matter of the customer to guarantee the retrievability of the e-mail address named by him.
9.5 adlerhost. can make the cancellation of the blocking dependent on the fact that the customer removes the illegal state demonstrably and has delivered a cease-and-desist declaration to adlerhost. for the exclusion of a repetition danger reinforced by contractual penalty as well as has carried out security for the payment of a contractual penalty possibly resulting from it in the future. The height of the security corresponds in this respect to the height of expected costs of adlerhost. for the case of a claim of third party. The height of the contract-penalty-promise orients itself at that at the meaning of the offence.
9.6 As far as adlerhost. is taken up by third or by state authorities because of a behaviour which entitles adlerhost. to the blockage, the customer commits himself to exempt the supplier from all claims and to carry those costs which have arisen by the claim or removal of the illegal state. This includes in particular the necessary legal defence costs of the Provider.
10 Return of the storage space
10.1 To the day of the termination of the contract the customer is obliged to the deletion or to the release of the storage space left to him (the latter to the deletion by adlerhost.).
10.2 The customer has to carry for a timely suitable storage of his data on own storage media himself.
11. set-off by the customer, right of retention
11.1 The customer can set off with demands of adlerhost. only as far as these demands are uncontradicted or legally determined. The assertion of a right of retention is entitled to the customer only because of counterclaims which result from the contractual relationship with adlerhost.
11.2 adlerhost. reserves the right to grant a request of a customer for a change of the provider (KK-application) only if all undisputed open claims of adlerhost. existing towards the customer are settled.
12.1 A liability of adlerhost. – equal from which legal ground – exists exclusively within the scope of the following regulations.
12.2 Unlimited liability: adlerhost. is liable for intention and gross negligence. For slight negligence adlerhost. is liable according to the product liability law due to the telecommunication law as well as for damages from the injury of the life, the body or the health of persons.
12.3 Limitation of liability: adlerhost. is liable in case of slight negligence in all other respects only in case of the injury of an essential contractual obligation whose fulfilment makes the proper execution of the contract at all possible and on whose observance the contracting partner may trust regularly (cardinal obligation). This limitation of liability also applies in favour of the vicarious agents of adlerhost.
12.4 The liability without fault of adlerhost. for compensation for defects existing at the conclusion of the contract (§ 536a BGB) is excluded.
13. contract term, cancellation, termination of the contract
13.1 If not agreed differently, the contract is concluded for an indefinite time.
13.2 For hosting or domain services, the customer shall determine a prepayment period (1 month, 3, 6, 12, 24, 36 months) with his order. Customers who are not domiciled in Germany can only choose between 12, 24 or 36-month prepayment.
13.3 The aforementioned prepayment period begins on the exact day of receipt of the order confirmation, but not before the activation of the customer’s access. The expiry of the prepayment period chosen by the customer is stated in the invoice. The calculation shall be made on the basis of banking days spread over the year.
13.4 If the prepayment period selected by the customer in accordance with 13.2 and notified to the customer in accordance with 13.3 ends without the customer having terminated the contract, the prepayment period selected by the customer at the time of conclusion of the contract shall begin again upon expiry of the prepayment period selected by the customer, unless the customer selects a different prepayment period in the MembersArea before expiry.
13.5 During the prepayment period selected by the customer, the customer may terminate the contract at any time in accordance with the following provisions.
13.5.1 The ordinary termination of the contract for hosting or domain services by the customer can only be done via the MembersArea – online – to which adlerhost. has to grant the customer access at any time. Precondition for this termination by the customer is that the domains to his contract are closed by him (“Close”) or are moved by his instigation to another provider by means of connectivity coordination (“KK”). adlerhost. participates in the closing of the domain respectively in the moving of the domain. Without “Close” or “KK” a proper online termination is technically not possible and ineffective. The customer will be instructed in the MembersArea or in the Q&A of the website accordingly, how he can terminate properly according to the contract.
13.5.2 The customer is not entitled to a refund of the “unused” prepayments from the time of the effectiveness of his termination until the expiry of the prepayment period chosen by him.
13.5.3 The Customer shall also not be entitled to a refund of any prepayments which become due in accordance with the prepayment period chosen by the Customer after notice of termination has been given in accordance with Clause 13.5.1 because the notice of termination has not been validly given in accordance with Clause 13.5.1 at least seven calendar days before the expiry of the current prepayment period. The expiry of the prepayment period chosen by the customer can be found in the last invoice. The customer is therefore required to bring about the conditions for termination in good time so that the extension of the contract and the due date of a new prepayment do not occur.
13.5.4 The online termination in accordance with the previous provision shall result in the immediate deletion of all data (in particular the e-mail accounts) of the customer on the storage space provided for him. The customer shall ensure that data is backed up in good time on his own storage media.
13.6 The ordinary termination of the contract to hosting or domain services by adlerhost. in text form is permitted to the end of a current calendar month with a notice period of 20 calendar days.
13.6.1 In case of an ordinary termination by adlerhost. adlerhost. has to reimburse the customer for not used advance payments.
13.6.2 In case of an ordinary termination by adlerhost. the customer has to cooperate accordingly with the “Close” or “KK” regarding the domains held by him and has to delete or release the storage space for deletion at the end of the day on which the termination becomes effective, otherwise adlerhost. is authorised to delete.
13.7 The right to the extraordinary cancellation of the contract to hosting or domain services remains reserved to the parties. For the extraordinary termination at least text form (e.g. by e-mail) is agreed. Extraordinary termination for good cause shall be deemed to have occurred in particular if
13.7.1 if the customer is more than 1 month in arrears with a due payment, or
13.7.2 the customer culpably violates a contractual obligation despite a warning, or
13.7.3 the customer does not eliminate a contract or right injury within adequate period, in particular the customer holds ready illegal information on his storage space to the call or to the use although he was pointed out to this circumstance by third or by adlerhost.
13.7.4 A warning is dispensable if it concerns an obligation injury which makes a continuation of the contract for adlerhost. unreasonable, in particular because adlerhost. would be liable because of this obligation injury also opposite third.
13.7.5 In case of an extraordinary termination of the contract to hosting or domain services both parties must cooperate with the “Close” or “KK” concerning the domains held by customers and the customer must delete or release the storage space for deletion at the end of the day on which the termination becomes effective, otherwise adlerhost. is authorised to delete.
13.7.6 In case of an effective extraordinary termination of the contract for hosting or domain services by adlerhost. adlerhost. is entitled to payment of the fee for the prepayment period chosen by the customer, as far as the customer is responsible for the reason for the termination. As far as adlerhost. is responsible for the reason for the extraordinary termination, adlerhost. has to refund the customer unused prepayments.
13.8 If there is no explanation or action by the customer after an appropriate appropriate period of time has been set by adlerhost., what should happen with regard to the domain names after termination, adlerhost. will stop the support of the domain name registered for the customer at the responsible registry after the expiration of the period of time – at the earliest on the day of the expiration of the contract. adlerhost. will inform the responsible registry about this immediately. This can follow to the deletion of the domain name by the registration authority.
13.9 If there is no explanation or action by the customer after appropriate appropriate period setting by adlerhost. what should happen in relation to storage space still occupied by him after the cancellation, adlerhost. will delete the storage space after period expiry – at the earliest to the day of the expiry of the pre-payment period.
13.10 As far as not the whole contract to hosting or domain services is cancelled, but only the cancellation of a domain/several domains/all domains takes place, the contract continues to exist in all other respects.
14 Data protection
About the collection, processing and use of personal data adlerhost. informs the customer separately.
15. applicable right, legal venue, inefficacy
15.1 For the contracts concluded by adlerhost. on the basis of these terms and conditions and for the claims resulting from it, no matter which kind, the right of the Federal Republic of Germany applies exclusively. For the case of the conclusion of contracts with consumers who do not have their seat in Germany, the compelling consumer-protective regulations of the right of the consumers in their respective home country which is valid for their seat remain untouched by sentence 1.
15.2 Place of jurisdiction for all claims resulting from the contractual relations between the contracting parties, in particular about the conclusion, the winding up or the termination of the contract is – as far as the customer is a registered trader, legal entity of the public right or public-legal special property – the seat of adlerhost.
15.3 If individual regulations of these AGB should be completely or partly ineffective or become, then the validity of the remaining regulations is not touched by this.
B. Obligatory information
As far as adlerhost. uses telemedia for the purpose of the conclusion of the contract (contract in electronic business transactions), adlerhost. is obliged to provide information. This concerns consumer customers as well as consumer and entrepreneur customers.
1. identity of the enterprise
Contracting party of the customer becomes:
adlerhost. – Kortenbrede Kelm GbR
– Owner: Lasse Kortenbrede & Alexander Kelm,
Tel: +49 15792485441
adlerhost. is not registered in any public business register. Representatives in member states, in which the consumer has his residence, are not appointed. The telemedia service of adlerhost. does not need an official approval.
As far as adlerhost. mediates a domain to the customer, the registration contract comes off directly between the customer and the registration authority. The identity of the registration authority depends on the kind of the domain to be ordered. The registries are named on the website of adlerhost.
2. Mandatory information for all customers
2.1 The electronic order process on the website contains adequate, effective and accessible technical means for all customers, with the help of which the customer can recognise and correct input errors before submitting his order.
2.2. adlerhost. informs all customers clearly and understandably in time before submission of an order the information according to art. 246 c EGBGB. This is the following information:
2.2.1 The following technical steps lead to the conclusion of the contract: The customer chooses a product/ a tariff described on the website. The “Order” window opens with various tabs for data entry. The last tab is “Order overview”. If the customer has confirmed all mandatory data, clicking the button “order with obligation to pay” leads to the sending of a binding contract offer to adlerhost. The customer immediately receives an order confirmation on the web page.
The acceptance of the contract offer (“order confirmation”) by adlerhost. takes place by means of an e-mail. With entrance of the order confirmation with the customer the contract has come about.
2.2.2. access to the contract text: adlerhost. does not create an actual contract text any more. After the conclusion of the contract adlerhost. stores the order as well as the order confirmation and contract acceptance (order confirmation). The customer can see what he has ordered in the order overview created by adlerhost. before placing the order and can print and download this order overview. The customer receives a contract confirmation as well as the general terms and conditions with obligatory information underlying the contract with transmission of the order confirmation, both as PDF document.
2.2.3 Input errors: Input errors before placing an order can be recognised and corrected as follows: Each entry made by the customer remains visible to the customer in the mask and can be corrected within the respective tab. The customer can always move forwards and backwards in the tabs to make corrections. Occasionally, the customer receives the prompt “Check your entries in the marked fields” in case of implausible or missing entries.
2.2.4 Language selection: Only the German language is available for the conclusion of the contract.
2.2.5. codes of conduct: adlerhost. has not submitted to any codes of conduct.
2.3. the access of his respective order is confirmed to the customer by adlerhost. immediately on electronic way on the website.
2.4. the content of the order is reproduced in the order overview before the submission of the order binding the customer by adlerhost. There the customer also finds a link to the general terms and conditions underlying his order and the obligatory information which he can currently see on the website at the moment of his order and print, copy or save as PDF via his browser.
2.5. adlerhost. informs all customers – not only the consumers – in time directly before submission of his order at the latest at the beginning of the order process the information according to § 312j Abs. 1 BGB (in the following 2.5.1 and 2.5.2), as well as clearly and understandably in emphasized way the information according to article 246 a § 1 Abs. 1 Satz 1 Nummer 1, 4 ,5 ,11 und 12 EGBGB. The latter only occurs in these General Terms and Conditions (hereinafter 2.5.3 to 2.5.6).
This is summarised as the following information:
2.5.1 There are no delivery restrictions, except if the customer’s desired domain has already been allocated.
2.5.2 Bank transfer is accepted as a means of payment. This is usually done via a SEPA direct debit mandate.
2.5.3 The essential features of the services to be ordered can be found in the descriptions on the website and – in summary – in the “Order overview” field for the individual order process.
2.5.4 Unless otherwise agreed, the contract is concluded for an indefinite period. The terms of termination are set out in clause 13 of these General Terms and Conditions. The minimum contract term is consequently determined by the customer through his notice of termination.
2.5.5 The prices displayed on the website are total prices including German VAT (currently 19%). Customers with their place of residence or registered office in another country of the EU or in a third country can have the total price applicable to their country displayed separately. The total prices may therefore differ upwards or downwards due to the different tax rates. Further delivery and forwarding expenses as well as taxes or costs which are not paid over adlerhost. do not result.
2.6 The preceding clauses 2.1. to 2.5 do not apply to cases of the contract in the electronic business traffic if this is concluded exclusively by individual communication, with exception of the provision of the possibility to the customer to call up the contract regulations including the general terms and conditions at the conclusion of the contract and to store them in reproducible form.
2.7. specific additional costs which the customer has to bear for the use of the telecommunication means used for the conclusion of the contract and which are charged as additional costs by adlerhost. do not arise.
2.8. the terms of payment result from number 8 of the general terms of business. The terms of delivery and achievement in particular from the regulations of the ciphers 2, 4 and 5 of the general terms of business. Dates, to which adlerhost. Services must furnish, are not agreed upon. A special procedure for the handling of complaints does not exist.
2.9 The legal regulations about guarantee and warranty are valid. We provide customer service through extensive support services via telephone or e-mail.
3 Mandatory information for consumer customers only
3.1 Consumer customers have a statutory right of withdrawal. We provide instructions on this as follows:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must send us
adlerhost. – Kortenbrede Kelm GbR
– Owner: Lasse Kortenbrede & Alexander Kelm,
Tel: +49 15792485441
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
– End of the cancellation policy –
3.2 Notice of early expiry of the right of withdrawal
In the case of a contract for the provision of services, the right of withdrawal shall expire when the trader has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader.
4 Information about the ODR complaint platform
The European Commission has established a platform (hereinafter referred to as the “ODR platform”) to enable independent, impartial, transparent, effective, fast and fair online out-of-court resolution of disputes between consumers and traders. We are required by law to publish a link to the ODR platform on our website and to provide our email address.
4.1 The link is: http://ec.europa.eu/consumers/odr/.
4.2 Our email address is: firstname.lastname@example.org.
4.3 We are not affiliated with any national dispute resolution body.