Internet Informationssysteme GmbH
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General Terms and Conditions of n@work Internet Informationssysteme GmbH
– hereinafter referred to as the Provider – Versmannstraße 58, 20457 Hamburg
Effective Date: 01.09.2000
1.1 The services and deliveries of the Provider are exclusively based on these terms and conditions. These terms and conditions also apply to all future business relationships, even if they are not expressly agreed upon again. At the latest, these conditions are deemed accepted upon receipt of the goods or performance of the service.
1.2 The following provisions apply exclusively; any opposing or deviating conditions of the customer are not recognized, unless the Provider has expressly agreed to their validity in writing. The following provisions also apply if the Provider, aware of opposing or deviating conditions of the customer, performs the service to the customer without reservation.
1.3 Deviations from these conditions are only effective if the Provider expressly confirms them in writing.
2.1 The Provider’s offers are non-binding and without obligation. Declarations of acceptance and all related descriptions of the scope of services require the Provider’s written or telegraphic confirmation to be legally effective. The same applies to additions, amendments, or collateral agreements.
2.2 The Provider’s employees are not authorized to make oral collateral agreements or provide oral assurances that go beyond the content of the written contract.
3.1 The customer is obliged to keep the respective access data confidential from unauthorized third parties. In particular, the username and password must be stored in such a way that access to these data by unauthorized third parties is impossible to prevent misuse of access by third parties. Unauthorized persons in this context do not include those who use the server (storage space) with the knowledge and will of the customer.
3.2 The customer assures that they will not store or publish any content on the contractual server (storage space) that violates applicable law, especially content that infringes criminal law, copyrights, trademarks, other rights of identification, competition laws, or other personal rights, as well as any agreements with third parties.
3.3 If the customer violates this obligation, they are obliged to cease further violations, compensate the Provider for any damages incurred or to be incurred, and indemnify and hold the Provider harmless from any third-party claims for damages and expenses resulting from the violation. Other claims of the Provider, especially regarding blocking the content and extraordinary termination, remain unaffected. The indemnification obligation also includes the obligation to fully cover the Provider’s legal examination and defense costs (court and attorney fees). The Provider can choose their attorney freely and is not bound by the customer’s instructions. Upon request, the customer must immediately pay any billed advance payments to the Provider.
4.1 The content of the website is protected for the customer under the Copyright Act (as a work, collective work, database work, computer program, photograph, database, related protection rights, or as derived rights from the mentioned rights), the Art Copyright Act, the Trademark Act, or other protection rights (hereinafter referred to as protected content).
4.2 The customer grants the Provider the non-transferable, time-limited right for the duration of the contract, limited to the location of the respective server (for backup copies: the place of their storage), non-exclusive right to reproduce the protected content for the purposes of this contract on the server serving as a mirror on a sufficient number of backup copies.
4.3 The customer grants the Provider the non-transferable, time-limited right for the duration of the contract, worldwide, non-exclusive right to make the protected content accessible to the public over the Provider’s and connected internet in such a way that members of the public have access to the website from a place and at a time individually chosen by them. After the end of the contract, any stored content in cache memory will no longer be attributed to the Provider.
5.1 The one-time costs for setting up the server or establishing permanent connections and domains, as well as the necessary support for commissioning the configurations and the monthly fees, are determined from the price list attached to this contract.
5.2 The price list can be updated continuously. The updated prices replace the previously valid prices and become part of this contract. The update will be communicated to the customer in writing at least 1 month in advance. In the event of a price increase, the customer has an extraordinary termination right in addition to the termination rights specified in § 9. This extraordinary termination right must be declared in writing at least 1 week before the start of the increase. The timeliness of the termination is determined by receipt by the Provider.
5.3 One-time costs are payable by the customer no later than 15 days after the completed technical installation.
5.4 The monthly fee for the Provider’s services will be invoiced monthly to the customer. Monthly invoices are due for payment within ten working days after the invoice date.
5.5 If the customer is in default with the payment of due invoices, the customer is obliged to pay default interest of 5% above the base interest rate of the European Central Bank (currently 3.42%) per annum. The assertion of further default claims by the Provider, especially proof of higher interest damage, is not excluded.
5.6 In case of payment default, the Provider is entitled to exercise their right of retention under § 273 BGB by notifying the customer in writing that, in the event of further payment default within 7 days after receiving the aforementioned letter, the performance of this contract will be temporarily suspended until full payment of the arrears and the customer’s and users’ access to the internet will be blocked. The exercise of this right of retention does not release the customer from fulfilling their contractual obligations, especially payment of the fee.
5.7 In case of payment default, the Provider is entitled, at their discretion, to demand the provision of security (e.g.: self-debtor, irrevocable, unlimited, and unconditional guarantee of a German major bank) in the amount of two monthly fees. After the end of the contractual relationship and complete settlement, the security will be returned.
5.8 The customer can only offset claims of the Provider with undisputed or legally established claims from this contractual relationship. The same applies to the retention of payments.
6.1 If the contract is concluded for an indefinite period, it can be terminated in writing by either party with a notice period of six weeks to the end of the quarter, earliest after 12 months from the contract’s signing. For contracts with a specified term, the contractual relationship can be terminated earliest at the end of the agreed term. After the term expires, it can be terminated with a notice period of 6 weeks to the end of the quarter. The timeliness of the termination depends on the receipt of the written notice, not its dispatch.
6.2 The right to terminate for cause remains unaffected for both parties. An important reason for termination exists, in particular, if the customer is in default with the payment of the agreed fee for two consecutive terms, or with a payment amount equal to two months’ fees over a period exceeding two terms. If the customer is insolvent, or insolvency proceedings have been initiated over their assets, or the application for initiation has been rejected due to lack of assets. If the customer violates essential contractual obligations, especially the contractual obligation to comply with the law when using the Provider’s services, and does not immediately cease the violation after a warning or notification of content blocking by the Provider. If, for reasons not attributable to the Provider, the contractual services are not available at all or only under significantly changed conditions, or if the Provider’s contractual relationship with their suppliers (backbone providers) is terminated.
The Provider is entitled to temporarily interrupt the connection of the website to the internet (blocking) if there is sufficient suspicion of illegal content on the website, especially through a warning from the allegedly injured party, unless it is obviously unfounded, or through investigations by state authorities. The blocking is, if possible, limited to the allegedly infringing content. The customer will be notified of the blocking immediately, stating the reasons and requested to remove the allegedly illegal content or demonstrate and possibly prove its legality. The blocking will be lifted once the suspicion is dispelled or if the Provider has the option to terminate the contract extraordinarily due to the customer’s behavior.
8.1 The Provider is liable for defects in the provided storage space (server) or hardware according to the statutory provisions (§§ 537 ff. BGB). The strict liability under § 538 BGB is expressly excluded. If the server is unavailable for more than 2 consecutive hours due to the Provider’s fault, the Provider grants a proportionate reduction (abatement) of the monthly base usage fee against suitable proof of the disruption.
8.2 The Provider is not liable for the loss and/or mutilation of data in connection with data transmission.
8.3 The Provider is liable for the culpable loss or damage of the customer’s internet server (web server housing contracts) stored in their premises, unless the loss or damage is due to circumstances that could not have been prevented by the diligence of a prudent businessman.
8.4 The Provider is not liable for unforeseen, unavoidable, and extraordinary performance disruptions due to force majeure. Cases of force majeure are those beyond the Provider’s control, such as natural disasters, labor disputes, or service interruptions and failures at suppliers.
8.5 In the case of slight negligence, the Provider is only liable for the breach of essential contractual obligations (cardinal obligations). Otherwise, the pre-contractual, contractual, and extra-contractual liability of the Provider is limited to intent and gross