Terms and Conditions (AGB)
General and scope
The following terms and conditions apply to all business relations between the customer and
Wilke & Bosin Ventures GbR
Jägerallee 37
14469 Potsdam
Germany
(hereinafter referred to as "provider"). They are an integral part of all contracts concluded between the customer and the provider and also apply to all future business relations, even if they are not expressly agreed again.
The provider carries out various cloud computing services for its customers.
The services of the provider shall be carried out exclusively on the basis of these terms and conditions in the version valid at the time of the order. The general terms and conditions of the provider shall apply exclusively. Terms and conditions of the customer that deviate from our terms and conditions shall not apply unless we have expressly agreed to their validity in written form.
Conclusion of contract
The website of the provider represents a non-binding invitation to submit an offer to conclude a contract. The provider can accept this offer within 3 business days by sending a written order confirmation or by providing the service as described in the offer. After fruitless expiry of the acceptance period, the offer shall be deemed rejected.
The customer guarantees that the data provided by him is correct and complete and informs the provider of any changes in written form within 14 days. The provider reserves the right to request proof of the correctness of the data provided by the customer and the customer shall provide this proof on request.
There is no entitlement to use the services of the provider. The provider reserves the right to refuse the conclusion of a contract without giving reasons.
Scope of services
The scope of the services provided by the provider can be derived from the corresponding offer information of the provider at the time of submission of the offer by the customer.
The provider undertakes to make commercially reasonable efforts to guarantee a network availability (SLA) of 99.9% on an annual average basis.
Duration of contract
The contract is concluded for an indefinite period of time if not specified otherwise. If no other agreement has been made, the contract is automatically extended by the corresponding period of notice if the contract is not terminated by either party at least 30 days before the end of the contract period. The contract can be terminated by letter, fax or e-mail, as well as from the customer area on the website of the provider.
The right to terminate the contract for good cause remains unaffected. A good cause for the provider is, in particular, if the customer culpably violates the obligations mentioned under § 6. A good cause for the provider also exists if
- the customer is in arrears with the payment of the remuneration, or a not insignificant part of the remuneration, for two consecutive months or with an amount that is at least equal to two-monthly remuneration for a period of more than two months,
- the customer intentionally makes false information with regard to the master data provided by him for purpose of his registration,
- if insolvency proceedings are applied for or opened against the customer's assets or if the opening of such proceedings is refused due to lack of assets
In case of termination of the contract by the customer, all of the customer's data will be deleted from the provider's systems. In case of a change of provider, the provider shall be entitled to a right of retention of the customer's data with regard to the release declaration vis-à-vis the new provider, insofar as the customer has not yet or not fully provided the remuneration owed and due under the contract.
Remuneration, default of payment and reminder
Valid are the prices on the provider's website or otherwise agreed prices at the time of the conclusion of the contract. Payment of the agreed remuneration is possible by bank transfer, using PayPal, Inc.'s services and by credit cards of the providers VISA, MasterCard, American Express.
The provider issues an invoice for the services rendered on a monthly basis unless otherwise agreed. The invoices are due for payment immediately upon receipt without deduction. Exceptions are possible for services and products that are declared as "prepaid". For these services and products, the payment is due immediately upon conclusion of the contract.
If the customer is in arrears with the payment of the remuneration, the provider is entitled to charge interest on arrears according to § 288 BGB (German Civil Code). In the event that the provider claims higher damages, the customer has the right to prove that the asserted damage did not occur at all or was significantly lower.
If the customer is in arrears with the payment of the remuneration, the provider is entitled to charge a reminder fee. This shall not apply if the customer proves that the damage has not occurred or has not occured in the amount claimed by the provider.
In the event of return debits, for which the customer is responsible, the provider is entitled to charge the costs incurred as a result of the return debit. This shall not apply if the customer proves that the damage has not occurred or was significantly lower.
Obligations of the customer
The customer undertakes not to use the server capacities provided for the dissemination of illegal content.
The customer guarantees that they do not store or make available over the internet any content whose provision, publication or use violates applicable law or the rights of third parties. The customer is expressly prohibited from using the computer capacities or services provided by the provider for the dissemination of unsolicited mass e-mails (spam e-mails) or for the operation of filesharing networks. In addition, the customer is prohibited from distributing the following content, where this list is not exhaustive:
The provider can block the customer's access to the services if security or availability of the services is endangered.
The customer is responsible for regular backups of the data stored on the server. The provider is not responsible for regular backups of the data unless otherwise agreed by contract.
Liability and Limitation of Liability
The provider is liable for indirect damages due to intent or gross negligence with impairment of network availability. However, the customer's loss of profit is excluded from this. Also excluded are times in which the network availability was negatively affected due to technical or other problems that are not within the sphere of influence or responsibility of the provider (e.g. force majeure, non-attributable fault of third-parties).
Access to the servers can be interrupted by the provider if necessary for the upkeep and security of network operations, especially for the purpose of preventing severe network, software or data storage disruptions. The warranty rights of the customer are not affected by this.
For other damages, caused by injury to life, body or health, the provider is only liable if these damages are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation. Any further liability for damages is excluded. The warranty liability provisions remain unaffected by this. In the event of a slightly negligent breach of duty, the liability of the provider shall be limited to the direct average damage that is forseeable and typical for the type of contract concluded.
Indemnification
The customer shall support the provider in the defense against third-party claims on the basis of the content transmitted by the customer, in particular by providing the information required for the defense.
The customer is obliged to reimburse the necessary expenses incurred by the provider for legal prosecution due to third-party claims on the basis of the content published by the customer. The obligation to compensate shall only apply if the customer is at fault with regard to the action or omission that caused the damage.
Responsibility for contents
The provider is not liable for the accuracy, quality, completeness, reliability, nature and merit or credibility of the content published by the customers. The published contents do not represent an expression of the provider's opinion, in particular the provider does not adopt the contents of the customers as its own.
According to the relevant legal provisions of the TMG, service providers are not obliged to monitor the information they transmit or store, or to investigate circumstances that indicate illegal activity without concrete evidence. Liability towards third parties can only be considered if the provider has knowledge of the illegal activity or information, in the case of claims for damages, facts or circumstances are known from which the illegal activity or the information, or if the provider has not acted immediately to remove the information or to block the access to it.
After notification of corresponding infringements by third parties, the provider will immediately take appropriate measures to prevent the infringement for the future.
Blocking of content and customer exclusion
Insofar as there are indications that a customer is using the storage capacities provided by the provider that are subject of the contract for the dissemination of illegal content in accordance to § 6 of this contract or for the publication of content that violates the rights of third parties, the provider is entitled to block access to the corresponding content by using suitable means.
The provider is entitles to caution customers in the event of a violation of the rules of conduct specified in § 6 and to permanently exclude customers from using the services after repeated violations. The legitimate interests of the data subjects are taken into account, in particular the question of whether the customer is at fault for the infringement.
Insofar as the customer is excluded from using the services, the customer is prohibited from signing up again or using the services, independent of the name used.
The possibility of criminal prosecution for legal violations remains unaffected by this. Within the scope of the legal provisions, the provider is required to provide the necessary information to the competent authorities for the purpose of criminal prosecution.
Data Privacy
The provider treats the customer's personal data confidentially and in accordance with the statutory data protection regulations (GDPR). Customer data is not passed on to third parties without the customer's consent or to the extent that this is necessary for the provision of the service or for the fulfillment of legal obligations.
The provider is not responsible in terms of data privacy if the customer uses the services provided by the provider for processing personal data of third parties. The provider processes the personal data of third parties as a comissioned processor according to Art. 28 GDPR if a contract for the purpose of commissioned processing between the customer and the provider is concluded.
Right of withdrawal for Private Customers
Customers have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which the contract was concluded.
In order to exercise the right of withdrawal, the provider must be informed by means of a clear statement (e.g. a letter sent by post, an e-mail) of the customer's decision to withdraw from this contract.
To maintain the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If the customer withdraws from this contract, the provider shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than the cheapest standard delivery offered by the provider), immediately and at the latest within fourteen days from the day on which the provider received the notification of the customer's withdrawal from this contract.
For this repayment, the provider will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged for this repayment.
Choice of law
For all contracts concluded with the provider based on these terms and conditions and for all disputes arising from these contracts, German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) insofar as this choice of law does not result in a customer being deprived of the mandatory consumer protection standards of its home country.
The exclusive place of jurisdiction for all disputes arising from this contract with merchants, legal entities under public law or special funds under public law is the registered office of the provider in Potsdam.
The provider is entitled to change these terms and conditions in whole or in part at any time without giving reasons. The changed contractual conditions will be sent to the customer in writing, highlighting the changes. The customer can object to the changes within three weeks of receipt of the notification. The provider will inform the customer of the legal consequences of the objection separately at the beginning of the time period.
Final provisions
Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.