General Terms and Conditions

1. general part

1. Scope of application
   • The following terms and conditions (hereinafter referred to as GTC) apply to all deliveries and services of NEW LIMIT, Inh. Daniel Wolf, Leonberger Straße 19, 93142 Maxhütte-Haidhof (hereinafter referred to as the “Provider”) in connection with the “Reservia” software. The version valid at the time the contract is concluded shall apply.
   • Deviations from these terms and conditions and/or additions as well as amendments and additions to concluded contracts and the customer’s deviating terms and conditions applicable to these shall only apply if and insofar as they are expressly recognized in writing by the provider.
   • If Special Terms and Conditions also apply to services, these shall take precedence over the General Terms and Conditions in the event of deviations.
2. Service descriptions and adjustments
   • The scope of services and functions of the products and services is determined by the service description valid at the time of conclusion of the contract.
   • Reservia is software that enables customers to implement an autonomous reservation process with online seat selection for their guests.
   • The Provider is entitled to change contractually agreed services insofar as this is reasonable for the Customer and
     • these services contain products from other manufacturers and these products are not, no longer or only in a modified form available to the provider, without this being due to circumstances for which the provider is responsible,
     • new legal or regulatory requirements make a change necessary,
     • the agreed services no longer correspond to the current state of the art, the safety regulations or the requirements of data protection or their operability is no longer guaranteed,
     • agreed services are to be exchanged in whole or in part for services of equal or higher value, the agreed target quality remains essentially unchanged, or
     • the provider has another legitimate interest in changing the service.
   • The customer shall be notified in writing or in text form of any changes to services in accordance with section 2.2 at least two months before they come into effect. The customer may terminate the service affected by the service change in writing or in text form within one month of notification of the service change coming into effect.
   • The Provider is also entitled to have services provided by third parties (subcontractors). Insofar as the replacement or first-time use of a subcontractor, who is also another data processor within the meaning of the EU General Data Protection Regulation, takes place as part of a change in service in accordance with section 2.2, the customer has the right to object in accordance with Article 28 para. 2 GDPR to collect data. In this case, the Provider reserves the right to terminate the affected contract without notice for good cause.
   • The dispatch of all materials, documents and programs as well as the transmission of data and programs from and to the Provider shall be exclusively at the Customer’s risk.
3. Delimitation of benefits, exclusions, force majeure
   • The following parameters and information are decisive for defining the requirements to be met. The implementation of further requirements must be agreed with the customer if they cannot be part of the basic solution.
   • Insofar as the Provider provides voluntary and free services for the Customer over and above the contractual content, these may be discontinued at any time without prior notice. No claim for reduction, reimbursement or compensation shall arise from the discontinuation. A service is only not voluntary within the meaning of this provision if it has been expressly included in the product and service description.
   • Not included in the provider’s standard scope of services are all services not explicitly mentioned, e.g:

• Provision of the application, license and maintenance contracts brought in by the customer
• Provision of the certificates required for security functionalities, unless otherwise agreed
• Development of version updates and bug fixes for operating systems and applications
• Extensions to hardware and software if the customer sets performance requirements above and beyond the agreed hardware configuration, or if the resource requirements change significantly following changes to an application (e.g. due to updates)
• Extension of support services caused by changes or extensions requested by the customer
• Filling and maintenance of content.
  • Subsequent influences, the cause of which lies outside the area of responsibility of the provider, as well as the following conditions, lead to the temporary suspension of the described availability and the flat-rate reimbursement of fees as well as to the exclusion of liability only for the applicable case:
• Force majeure including war, civil war, strike, lockout, disasters,
• Malfunctions due to errors in the customer application or associated software components,
• Malfunctions due to improper intervention by the customer or a third party authorized by the customer,
• downtime on the Internet and its access caused by viruses, worms or similar attacks. attacks, in particular the time required to eliminate these attacks,
• Non-availability due to announced maintenance work in the agreed maintenance windows is not considered a restriction of availability or downtime,
• Malfunctions in the equipment of the telecommunications provider, the energy provider or the components provided by the customer, a system that has not been accepted (not transferred to regular operation).
  • The Provider shall not be liable for the non-fulfillment of contractual obligations if the non-fulfillment is due to an impediment beyond its control (e.g. natural disasters, sovereign measures) and agreed performance deadlines shall be deemed extended accordingly. If the impediment lasts longer than 2 months, either party is entitled to withdraw from the contract without notice. Further claims are excluded.

4. Prices, terms of payment, price adjustments, default
   • All prices and the amount of the applicable daily and hourly rates are set out in the individual contract and/or the provider’s offer. All amounts are in EURO excl. VAT/Sales tax Furthermore, the purchase prices for delivery items are exclusive of shipping costs and transport insurance as well as any applicable customs duties, fees and other public charges. Services provided by the Provider shall be remunerated by the Customer on a time and material basis.
   • The Provider is entitled to demand partial payments for partial deliveries/services and reserves the right to withhold the delivery of hardware/software and/or the provision of services in the event of default of payment until full payment has been made, to demand default interest in the amount of 9 percentage points above the applicable base interest rate of the ECB and to demand compensation for further damages incurred as a result of the default.
   • The currently registered users, supplied hardware/software and other chargeable services of the Provider shall be used to determine the costs. If the scope of services changes, the current cost rate shall apply even without a new contract being signed.
   • The monthly remuneration is valid for a period of 12 months, after which it can be adjusted annually at the company’s reasonable discretion,
     • if the producer price index for services in the IT sector for Germany published by the Federal Statistical Office has increased by more than 5% since the last price adjustment; the extent of the increase is based on the increase in the consumer price index or
     • if and to the extent that the costs relevant for the price calculation increase as a result of unforeseeable circumstances beyond the Provider’s control and influence, in particular if
   • the statutory non-wage labor costs increase,
   • new statutory official or technical requirements, new security regulations or new data protection requirements lead to increased costs for the provision of services or
   • insofar as services of the Provider contain products of other manufacturers and these products are not available to the Provider, are no longer available or are only available in a modified form, without this being due to circumstances for which the Provider is responsible and the costs of providing the service increase as a result.
     • The price adjustment shall be announced to the customer by the Provider in writing or in text form two months before it takes effect. The customer may terminate the service affected by the price increase in writing or in text form within one month of the price increase coming into effect.
     • Unless otherwise agreed, payment for services is due without deduction within 14 days of the invoice date. Upon expiry of this period, the customer shall be in default.
     • The invoice shall be deemed to have been accepted by the customer if the customer has not objected to the invoice amount in writing or in text form within 10 days of receipt of the invoice. The Provider shall draw the Customer’s attention to this legal consequence in the individual invoices. The Provider reserves the right to invoice the Customer for all unbilled fees incurred during the term of the contract, even after receipt of the final invoice.
     • The customer may only offset undisputed or legally established claims. For the same reasons, he is only entitled to a right of retention if the claims are based on the same legal relationship.

5. Retention of title and transfer of risk
   • In the case of contracts aimed at transferring ownership, deliveries shall remain the property of the supplier until the respective invoices and any ancillary claims have been settled in full.
   • If the customer is a merchant, he shall be entitled to resell the reserved goods in the ordinary course of business, but hereby assigns to the supplier all resulting claims against his customers in full to secure the supplier’s payment and ancillary claims. The provider accepts this assignment. The prerequisite for authorization is that the customer immediately notifies the supplier in writing of any access by third parties to the goods subject to retention of title or to the assigned claims and informs third parties of the rights to which the supplier is entitled. The authorization expires if the customer is in default with one or more payments in whole or in part, suspends payments or applies for the opening of insolvency proceedings against his assets. In such a case, the supplier is entitled to withdraw from the contract or to take back the reserved goods or to revoke the customer’s authorization to collect the claims from the resale and to demand information about the recipients of the reserved goods and to notify them of the assignment of the claims and to collect the claims itself.
   • The risk of damage to or loss of the contractual product or delay shall pass from the supplier to the customer upon handover to the transport company.
6. Obligations and duties of the customer to cooperate
   • The customer must regularly maintain its IT systems and take appropriate security measures to avoid potential risks when using the provider’s products. In particular, access rights must be administered carefully, passwords must not be disclosed or passed on and up-to-date anti-virus software and firewalls must always be used. Furthermore, the customer undertakes to create a data backup prior to the performance of services by the provider or by service partners of the manufacturer or the manufacturer itself commissioned by the provider. The customer is also responsible for selecting hardware and/or software that is suitable for normal use.
   • The Customer shall provide the Provider with all information required for the provision of the service, guarantee access to the hardware and/or software and provide the necessary cooperation. Before warranty or service work is carried out, the customer shall remove all components not installed by the provider and make backup copies of files and programs.
   • The customer shall cooperate in particular as follows within the scope of regular operation:

• Appointment of an IT coordinator as a contact person for the provider, who is available by telephone for queries in the event of a malfunction reported by the customer,
• In the event of malfunctions or problems: timely transmission of detailed error descriptions and active cooperation in isolating and verifying errors
• Ensuring the availability of the power transfer point in the customer and partner network
  • The obligations to cooperate in accordance with Section 6.3 represent the main contractual obligations and are provided by the customer free of charge. If obligations to cooperate are not or only partially fulfilled, this can subsequently lead to changes in both deadlines and costs. In the event of a breach of cooperation obligations on the part of the Customer, the Provider assumes no responsibility for the availability of the systems and any resulting claims by the Customer or third parties.

7. Warranty
   • If there is a material defect, the customer shall be entitled to the following claims for material defects:
     • In the case of consultancy or other service contracts, the customer shall have no claims against the provider for any material defects. For claims for damages and/or reimbursement of expenses by the customer in connection with such services, the liability provisions in Section 8 shall apply.
     • In the case of purchase contracts and contracts for work and services, there is a right to subsequent performance. The Provider shall decide at its reasonable discretion and taking into account the interests of the Customer whether subsequent performance shall be effected by remedying the defect or by new delivery or production. For this purpose, the Provider is entitled to inspect the hardware and/or software at its own or the Customer’s premises at its discretion.
     • In the case of purchase contracts and contracts for work and services, the customer also has the right to reduce the remuneration or the right to withdraw from the contract if the legal requirements are met.
     • In the case of rental contracts and if the legal requirements are met, there is a right to a reduction in current remuneration or to terminate the contract.
     • The customer has no claims for material defects,
   • in the event of only insignificant deviations from the agreed scope of services and functions,
   • if hardware and/or software is used for a purpose that does not correspond to its normal use,
   • if services have been provided in accordance with the customer’s specifications,
   • if a defect is due to improper use, in the event of non-reproducible errors that cannot be proven by the customer in any other way, and in the event of damage caused by a subsequent change by the customer or third parties commissioned by the customer that has not been approved by the provider in writing or in text form, or
   • if the customer does not use the latest version of programs and databases and the defect is due to this.

• The Customer shall notify the Provider of defects in writing or in text form in a comprehensible and detailed form, stating all information useful for identifying and remedying the defect, in particular stating the work steps that led to the occurrence of the defect and the effects and appearance of the defect. In the case of purchase contracts, notification must be made in writing or in text form immediately after delivery in the case of obvious defects and immediately after discovery in the case of hidden defects.
• If the customer is a merchant, he must inspect the delivered hardware and/or software immediately upon receipt for conformity with the contract and report any recognizable defects without delay. Otherwise, the hardware and/or software supplied shall be deemed to be free of defects.
• If the provider agrees to the return of hardware and/or software as a gesture of goodwill, these must be returned in their original condition in their original packaging, together with proof of return and proof of purchase. In this case, the return costs shall be borne by the customer.
• Unless otherwise agreed individually, claims for material defects shall lapse within one year of handover in the case of purchase contracts and within one year of acceptance in the case of contracts for work and services. The reduction in damages shall not apply to claims for damages due to defects in accordance with Clauses 8.1, 8.3 and 8.4.

• If there is a defect of title, the customer shall be entitled to the following claims:
  • In the case of consulting or other service contracts, the customer shall have no claims against the provider due to any defects of title. For claims for damages and/or reimbursement of expenses by the customer in connection with such services, the liability provisions in Section 8 shall apply.
  • If a third party asserts a claim against the customer that a service provided by the supplier under a purchase, rental or work contract infringes its rights, the customer shall notify the supplier immediately in writing or in text form. At the request of the Provider, the Customer shall grant all powers of attorney and authorizations required to defend the Customer against the asserted rights of third parties.
  • If third-party rights are infringed by a service provided by the Provider under a purchase, work or rental contract, the Provider shall, at its own discretion and expense, either procure the right to use the service for the Customer or design the service free of third-party rights.
  • Otherwise, the provisions of sections 7.1.3, 7.1.4 and 7.1.9 shall apply accordingly in the event of defects of title.
• In all other respects, claims for damages and reimbursement of expenses by the customer due to material defects or defects of title shall be governed by the liability provisions set out in Section 8.
• The supplier shall pass on to the customer any further guarantee and warranty promises made by the manufacturer in full, without being liable for them itself.

8. Liability
   • The provider is liable for damages caused by it or its legal representatives or vicarious agents intentionally or through gross negligence. In the event of a breach of material contractual obligations and in the event of injury to life, limb or health, this liability shall also apply in the event of simple negligence.
   • In the event of simple negligent breach of material contractual obligations, the liability of the Provider shall be limited to the foreseeable average damage typical for the type of service, but not exceeding a total amount of 10% of the total order volume. This also applies in the case of simple negligent breaches of duty by the legal representatives and vicarious agents of the provider.
   • In the case of rental agreements, strict liability for defects that already exist at the time the agreement is concluded is expressly excluded.
   • Exclusions or limitations of liability do not apply if the provider has assumed a guarantee that was specifically intended to protect against the occurrence of the claimed damages.
   • Liability under the Product Liability Act and manufacturer’s liability shall remain unaffected.
   • Except in the case of intent and gross negligence or the assumption of a guarantee, the Provider shall not be liable for indirect damages, such as additional expenses, loss of profit, loss of production, business interruption or loss of savings.
   • In the event of loss of data, the Provider shall only be liable for the expenditure required to restore the data in the event of proper data backup by the Customer. In the event of simple negligence, this liability shall only apply if the Provider has simultaneously breached a material contractual obligation with the action leading to the loss of data. The limited liability shall not apply if the Provider has expressly undertaken to the Customer to back up data.
   • No liability is assumed for software errors or warranted characteristics of third parties for a software application. The Provider shall not be liable for loss-causing events that occur on transmission paths or in the switching equipment of a telecommunications service provider.
9. Contract term and termination
   • Cancellations must always be made in text form. Dispatch by fax, e-mail or other electronic transmission is sufficient to comply with the written form requirement.
   • The notice period is 1 month to the end of the term.
   • In the case of services with monthly payment intervals, termination is possible for the first time three months after conclusion of the contract.
   • If the customer terminates commissioned services or unilaterally terminates projects or consulting services without the provider being responsible for this, the provider shall be entitled to demand the agreed remuneration. However, the claim to remuneration shall lapse in particular to the extent that the Provider saves expenses as a result and/or is able to obtain remuneration elsewhere.
   • Both parties retain the right to terminate the contract without notice for good cause.
   • When a termination becomes effective, access to the corresponding products is blocked.
10. Termination of service relationships
    • Upon termination of the contractually agreed service relationship, the customer shall release all storage media used by the provider for this service relationship. Furthermore, the application-related information used or created in the process of service provision is deleted by the provider. Technical system information is provided by the provider in accordance with legal requirements.
    • The right to use products expires when they are terminated. The customer shall ensure that the products can no longer be used after the right of use has expired and shall uninstall locally installed products.
    • If the contractual relationship is terminated, the data stored on servers will be deleted after 2 weeks. If data is to be stored beyond termination, a separate fee will be charged
11. Confidentiality
    • The Provider shall treat as confidential any information about the Customer’s business and trade secrets of which it becomes aware. Insofar as the Provider participates as a service provider in the professional activities of customers who are subject to a professional obligation of confidentiality, it shall safeguard third-party secrets made accessible to it by such customers in the knowledge of the criminal consequences of a breach of duty pursuant to Section 203 StGB and the otherwise applicable legal provisions.
    • The Provider undertakes to obtain knowledge of third-party secrets within the meaning of Section 11.1 sentence 2 only to the extent that this is necessary for the fulfillment of the contract. When using third parties in accordance with Section 2.4, the Provider undertakes to oblige them in text form to maintain confidentiality regarding the criminal consequences of a breach of duty, insofar as they gain knowledge of third-party secrets in the course of their activities.
    • The obligation to maintain confidentiality does not apply if the provider is obliged to disclose information due to an official or court decision. Insofar as this is permissible and possible in individual cases, the provider shall inform the customer of the obligation to disclose.
12. Copyright and rights of use
    • All services rendered by the Provider, including presentations, project outlines, project papers, concepts, plans, layouts and the like are subject to copyright law. The parties agree that all services are subject to the protection of the provisions of copyright law, even if the necessary conditions for protection, such as the necessary level of creativity, are not met in individual cases. In particular, the applicability of §§ 31 ff. and §§ 97 ff UrhG is agreed in such a case.
    • The provider’s works may only be used for the agreed type of use and the agreed purpose and to the agreed extent. In the absence of an express agreement, the purpose of the contract shall only be the purpose stated by the customer when placing the order. The customer acquires the right to use the work within the intended scope upon payment of the fee. Repeat use (subsequent editions) or multiple use (e.g. for another product) are subject to a fee; they require the express consent of the contractor. This applies accordingly to the transfer of granted rights of use to third parties. The provider is entitled to information about the scope of use. Rights of use to work that has not yet been paid for at the end of the contract or, in the case of invoicing on a commission basis, has not yet been published, shall remain with the provider unless otherwise agreed.
    • In particular, unless expressly agreed between the parties, no source code shall be provided to the customer. If the transfer of the source code has been agreed, the customer shall only be granted a simple right of use to this.
    • The Customer shall transfer to the Provider all rights of use to the data supplied by it that are necessary for the provision of the agreed services. In this respect, the customer assures that it holds the rights of use to the data provided by it that are necessary for the creation of the object of performance and declares that this does not infringe the copyrights and rights of use of third parties. He further assures that the rights to be transferred to the provider under this contract are not transferred to third parties or encumbered with third-party rights.
13. Data processing on behalf and data protection
    • If the provider processes personal data on behalf of the customer, this is done on the basis of an order data agreement. If there is no agreement that meets the legal requirements, the provider is entitled to refuse the services concerned.
    • Personal data that is not the subject of commissioned data processing is processed by the provider as the controller within the framework of the applicable legal regulations. The provider shall take all necessary measures in its area of responsibility with regard to this data in accordance with the applicable legal regulations.
14. Final provisions
    • The legal relationship between the Supplier and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
    • The exclusive place of performance for all obligations arising from this contract is the registered office of the Provider. The exclusive place of jurisdiction for all claims is Braunschweig. This only applies to non-merchants in the absence of a domestic place of jurisdiction. The Provider reserves the right to bring legal action against the Customer at the Customer’s general or other legal place of jurisdiction.
    • Should individual provisions of the terms and conditions prove to be invalid or ineffective, this shall not affect the validity of the remaining provisions. The parties undertake to replace the void or ineffective provisions with provisions that have as far as possible the legal and economic content of the void or ineffective provisions. In the event of a loophole, this provision shall apply accordingly.

1. Special conditions

15. Software-as-a-Service (SaaS) terms and conditions
    • SaaS service within the meaning of these terms and conditions refers to the operation and provision of the provider’s standard software “Reservia” (hereinafter referred to as standard software) via an Internet connection, for which the customer has acquired the corresponding rights of use. The data collected, processed and generated by the standard software is not part of the SaaS service. The IT infrastructure required for the operation and provision of the standard software is provided by the provider.
    • The Provider grants the Customer a temporary, non-exclusive, non-transferable and non-sublicensable right to use the standard software specified in the contract within the contractually agreed scope for the duration of the respective contract concluded. The standard software is provided via an Internet connection. The transfer point for the services is the router output of the data center / server used by the Provider to the Internet.
    • The data collected, processed and generated by the standard software (including the raw data) is stored on the servers of DigitalOcean, LLC, based in NYC, USA, in cooperation with Microsoft Azure. All data stored there is saved on German servers in Frankfurt am Main. DigitalOcean’s privacy policy is available at: https://www.digitalocean.com/legal/gdpr/. The website hosting and the data collected, processed and generated there (including raw data) are stored on the servers of the web hosting provider Bluehost, headquartered in Utah, USA. All websites generated by the provider are secured using SSL encryption. DigitalOcean’s privacy policy is available at: https://www.endurance.com/privacy/privacy. The provider has concluded a contract data processing agreement with each of its cooperation partners, thereby ensuring that they are subject to the same legal requirements as the provider itself. In any case, the customer remains the sole owner of the data and can therefore demand that the provider return some or all of the data at any time, in particular after termination of the contract, without the provider having a right of retention. The data shall be released by electronic transmission via a data network or, by separate agreement, by handing over data carriers. The customer is not entitled to receive the standard software suitable for the use of the data. The customer is responsible for the permissibility of the collection, processing and use of the data and for safeguarding the rights of the data subjects (information, use, correction, blocking, deletion). The customer is the controller with regard to personal data of itself and its users and must therefore always check whether the processing of such data through the use of the standard software is covered by the relevant permissions. The provider acts as a commissioned data processor in the context of the provision of services with regard to personal data. To secure the mutual rights and obligations, the Provider and the Customer shall conclude a separate order data processing agreement.
    • The Provider shall ensure that the software provided is operated in an environment and configuration suitable for the Customer’s requirements and on hardware suitable for the Customer’s intended use. These include the number and type of servers, regular backups, scalability, power supply, air conditioning, firewalling, virus checking, broadband Internet connection.
    • The provider carries out daily backups of the databases. The provider can restore the customer data via a restore procedure at the express request of the customer.
    • The availability of the data center network at the router output on the Internet is 99% on an annual average. The client-side connection to the Internet is the responsibility of the customer. This is not part of the SaaS scope of services. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per year. Excluded from this are those periods which AGA identifies as so-called maintenance windows for optimization and performance enhancement as well as loss of time during fault rectification for reasons for which the Provider is not responsible and outages due to force majeure.
    • Disruptions to system availability must be reported by the customer as soon as they become known. Before reporting a fault, the customer must check his area of responsibility. In the case of fault reports received during support hours, fault rectification will begin within two hours. In the case of fault reports received outside support hours, fault rectification begins on the following working day. Delays in fault clearance for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side) shall not be counted towards the fault clearance time.
16. Maintenance and service conditions
    • Maintenance services within the meaning of these maintenance conditions include a) the Support Services pursuant to clause 16.2 and b) maintenance in accordance with clause 16.3, subject to the exceptions stated in clause 16.4, which are not part of maintenance and support services. The right to use the maintenance services by the customer only exists on working days from Monday to Thursday between 08:00 and 16:30 and Friday between 08:00 and 15:00.
    • Support processes the customer’s inquiries in connection with the technical requirements and conditions of use of the software provided. Error messages from the standard software must be reported in text form to info@Anbieterin-consult.de. Only the customer’s designated key user(s) are authorized to submit error messages to the Provider Support Service. If it subsequently transpires that this is not an error in the standard software, the Provider shall be entitled to invoice the Customer for the costs of the work performed at the Provider’s applicable consultancy prices.
    • Maintenance includes
      • the elimination of all errors in the standard software by the Provider to the best of its ability; the Customer is obliged to notify the Provider immediately of any error as well as all diagnostic, configuration-related and other relevant information relating to the error so that the Provider can isolate and reproduce the error;
      • constantly updating and adapting the standard software to the latest technical standards.
      • In order to continuously optimize and stabilize the standard software, usage in cloud operation is constantly monitored and analyzed. The information collected is stored in accordance with. of the GDPR will be deleted after 24 months at the latest.
    • Maintenance and support services do not include
      • System configurations, hardware and networks outside the data center in which the software is accessed by the provider
      • Adaptation work on the standard software by means of configuration and programming (customizing)
      • Configuration and creation of reports
      • extending the functionality of the standard software at the customer’s request or customizing it for third parties
      • Specialist advice or training
      • On-site support
      • Converting files
      • Support for standard software from manufacturers other than the provider

17. Website creation incl. Hosting and administration
    • For the creation, maintenance and hosting of online presences, the Provider shall, depending on the agreement, be responsible for the creation of websites and/or social media presences to the agreed extent in accordance with the briefing and provision of materials by the Customer and their technical maintenance and, if applicable, the maintenance of the website. the making of changes during the agreed term. Depending on the agreement, the provider also provides hosting services, the creation of a desired domain (if desired (budget) technically possible) and/or the transfer of a domain.
    • The provider creates, maintains and hosts the website in accordance with the contractual agreement. However, the customer does not receive any rights of use or access to the website. The owner of the domain is the provider. The latter is entitled to shut down the website after the end of the contract. A transfer of the website/domain to the customer after the end of the contract is not part of the hosting contract.
    • The Provider is not obliged to perform or maintain backups or data backups for the Customer, unless the individual contract provides otherwise.
    • Obligations of the customer to cooperate
      • The Customer undertakes to provide the Provider in good time with all documents, materials, access rights and other information required to fulfill the order. As a rule, timeliness means a period of 14 days, unless a shorter period for the provision of services has been agreed. It shall transmit these in the form agreed with the provider. In the absence of specific agreements on the form, the customer shall make them available both in printed and electronic form in a standard storage format.
      • With regard to the cooperation/provision obligations to be performed by the customer, the customer shall receive corresponding instructions and explanations from the provider by telephone or e-mail after conclusion of the contract and, in the case of materials/advertising materials to be provided by the customer, the necessary technical specifications and information on where these are to be communicated or transmitted and by what deadline.
      • The customer shall ensure that the documents and materials provided to the provider are free of third-party rights. He shall indemnify the Provider against any third-party claims for compensation resulting from the breach of this obligation. This obligation shall only be waived if the customer can prove that he is not at fault in this respect. The customer transfers to the provider the simple, spatially and temporally unrestricted rights of use to this content, including the right to sublicense to the extent necessary to fulfill the contractual relationship. The right of use granted to the provider includes in particular the duplication, processing, public reproduction, making available to the public and broadcasting of the content.
      • The customer undertakes to provide all information truthfully and to check it independently and carefully for errors. The provider is not obliged to check the information, but will inform the customer of any conspicuous contradictions. The customer undertakes not to post any unlawful content or to ensure that the advertising material provided by him for online advertising measures does not contain any unlawful content or link to such content, in particular that it does not contain/link to any content that violates the provisions of the Criminal Code, the Narcotics Act, the Medicines Act, the Weapons Act or the free democratic basic order.
      • The customer is obliged to check and approve the draft of the commissioned creative service (insofar as it is essentially in accordance with the contract). If the customer does not declare within 5 working days of delivery of a draft that is essentially in accordance with the contract whether he approves it or refuses approval or still wishes to make changes, approval shall be deemed to have been granted. This also applies if he would still be contractually entitled to amendment and correction rounds.
      • Upon approval of the websites and other creative services created by the Contractor for the Client, the Client shall assume responsibility for the accuracy and legality of their content, in particular their compliance with competition and copyright law, unless the Contractor has assumed responsibility in writing for specific elements of the creative service. In this respect, the Customer shall indemnify the Provider against any third-party claims and all costs incurred by the Provider as a result. Under no circumstances shall the provider be liable for the factual statements contained in an image advertisement about the customer’s products and services; in this respect, the provider is under no obligation to verify them. However, the provider shall draw attention to any risks of which it becomes aware during the preparation and creation of the creative service. The provider is solely responsible under copyright law for the photos, images, logos and designs provided by the provider.
      • The customer authorizes the provider, insofar as this is part of the commissioned service (e.g. for the purpose of transmitting and publishing the company data and, if applicable, for the purpose of providing the service. Company clips versus directories to appear on behalf of the client. Insofar as certain directories/social networks/Google AdWords require an act of cooperation from the customer (e.g. activation link, entry of a code in the web directory, etc.) after transmission of the company data or creation of an account/profile in order to finally activate the entry/account/profile or parts thereof, this is the sole obligation of the customer.
      • The customer is obliged to keep any access data received from the provider secret from unauthorized third parties. The access data must be stored in such a way that access to this data by unauthorized third parties is excluded in order to prevent misuse of access by third parties. Any passwords received must be changed immediately.
      • The processing of the booking and transmission of all information required in connection with the conclusion of the contract is also carried out by e-mail, in some cases automatically. The customer must therefore ensure that the e-mail address provided by him to the provider is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.