For simplicity and assistance, the texts have been approximately translated into other languages with help of machine translation. Only the German terms, texts and Imprint are valid. Errors and omissions excepted.
Annex B: Service description for Internet customers
The customer (client and its Admin-C) is exclusively responsible for the content of its Internet pages (including, but not limited to, graphics, text material, image material, links) as well as their legal relevance - also in connection with the Internet address (URL). He alone is also liable for all costs resulting from his presence on the internet, including but not limited to warnings, fees, legal disputes, etc. By placing the order, the customer releases us from any liability in this respect towards himself and towards third parties. The customer explicity agrees to publish the relevant release from liability of GM and its legal sucessors in the imprint of its Internet pages. He hereby assures that he will continuously and consistently check his Internet pages, including but not limited to the relevant case law, such as environmental law, competition law, trademark law, copyright law, patent law, from the outset and that he will notify us immediately of any necessary changes and arrange for a change to be made at his expense. The content may not be obscene, contain pornographic depictions or violate the laws of the EU or the Federal Republic of Germany. In such cases, pages may be blocked by us or our providers as a precautionary measure. After proof of harmlessness at the expense and initiative of the customer, the pages are immediately reactivated. Claims of the Customer against GM shall only arise if precautionary measures liable to costs were wrongly taken in a grossly negligent or intentional manner. The customer explicitly assures the setting of an imprint.
In the event of technical or organisational requirements, GM may change providers. The resulting short communication breakdowns are to be accepted. Technical difficulties of any other nature are discussed together with the customer and, if possible, solved or circumvented, e.g. by changing the concept.
Emails are generally sent on the Internet without confirmation of arrival.
Due to maintenance, programme changes, updates of complex systems such as CMS, etc., there may be short-term server failures or temporary "construction sites" (server availability usually between 95-97% within one year). No liability whatsoever is accepted for losses, lost profits, etc. resulting from such problems of technology, display, transmission or the Internet in general. A data backup carried out at reasonable intervals as standard. Usually a certain transfer limit is included. Should a change of provider/contract become necessary for technical reasons or reasons for which we are not responsible, the customer shall give us his consent to the KK application at short notice. For cost reasons, the technology can be set up at any location (also outside the FRG).
Page or programme code (if included in the scope of delivery or provision by us):
Images and texts (if included in the scope of delivery or provision by us):
Both the original text for the first version of the website and the updates are edited by the client and made available to us in the usual formats or directly as a form entry. Rework/additions by GM will be made at cost.
We usually convert images into JPG, PNG or GIF formats.
GM is free to install a routine which, when links are activated, explicitly indicates that the user is leaving the pages maintained by GM and points out the responsibility of the respective new page owner. The provision of links from external sites to the customer requires explicit permission - possibly against payment - from a third party. However, there is no continuous entitlement to it, and it ends at the latest when one of the parties terminates the contract.
The entry in search engines is - if not explicitly listed in the contract - generally not included. However, in no case do we guarantee a specific ranking or hit rate.
Our provider's web server is checked at reasonable intervals and - if necessary - measures are taken to rectify any problems. Maintenance/updating/consulting is carried out according to expenditure or on the basis of an explicitly agreed monthly maintenance flat rate with a defined scope. The necessary communication costs, technical and material supplies for this are included in the agreed monthly flat rate.
According to the current state of knowledge, manipulation of posted data by third parties cannot be prevented on the Internet. We must therefore exclude any liability in this respect in any form. The customer assures to keep his systems on a reasonably up-to-date (browser/security) level.
The contract shall run without further agreement at least until the end of the quarter and may be terminated in writing by either party 10 weeks before the end of the quarter on which the termination is to take effect. It is at the discretion of the customer how and where he discloses his Internet address. Expenses incurred as a result of Internet address changes or termination of the name/business relationship with the GM shall be borne by the Customer. In the event of changes in the legal framework conditions, reactions regarding copyright, etc., we are authorised to terminate the business relationship without notice. Any advance payments made will then be refunded pro rata to the remaining term.
Terms of contract:
The Customer shall comply with GM's property rights even after the end of the contract.
After the end of the contract, the Customer shall not be entitled to any image material provided/licensed by GM for its website during the term of the contract.
Customers who do not participate in the direct debit procedure agree that reminder fees are due from the first reminder ("continuous payment dates") and can be demanded continuously. If payment has still not been made to one of the business accounts several times 7 days after the expiry of the payment deadline, the GM is free to temporarily hide the pages on the server - until payment has been received - without this giving rise to any right to a discount or compensation vis-à-vis the GM.
Necessary external fees, e.g. from other companies such as DENIC, INTERNIC, which are usually passed through by us, are beyond our control and may therefore fluctuate for the customer over time.
Terms of payment:
Invoices for domain administration are issued for the first time when the contract is concluded and then quarterly at the beginning of each quarter. Other invoices for individual and additional services, such as website creation, are payable after acceptance of the service, e.g. after activation of the website. Invoices are due for payment 7 days after issue by direct debit or forward transfer.
The joint and several debtor liability of GM shall be limited by mutual agreement to a maximum of one monthly contribution of the server/web space rent. GM does not accept any liability and compensation for damages and consequential damages resulting from misstatements on the web pages or any other publications produced by GM for the Customer. GM shall not be liable for any anticipated profits from websites created by GM that do not materialise.
For the rest, we refer to § 10 of our General Terms and Conditions of Business and Delivery, in the most current version in each case.
Amendment of the terms and conditions, the service description and the prices:
The customer will be notified in writing of any changes to the general terms and conditions and these supplementary terms and conditions, the service description and the prices. The changes shall be deemed accepted if the customer does not demonstrably object in writing within four weeks after dispatch of the notification.
Terms of conditions:
The services of GM are based on the GTC's and appendices of GartenMedien GmbH & Co. KG, in each case in the most current version. Should "Annex B: Service description for Internet customers - www.kunde.de or www.kunde.com -" contradict these in one or more points, the other points shall remain unaffected.
Ancillary agreements generally require the written form.