General Terms and Conditions of Business (GTC)
§ 1. General
(1) The following General Terms and Conditions of Business (GTC) are an integral part of all contracts with PCE NET GmbH Rheinstr. 40 - 42 D-64283 Darmstadt Germany (hereinafter referred to as PCE | NET GmbH). Changes, extensions or cancellations are only valid if they have been agreed in writing or if the agreement is confirmed by us in writing.
(2) Any divergent terms and conditions of the customer shall not become part of the contract.
(3) If PCE | NET uses third parties to provide services will these third parties not be contractual partners of the customer.
(4) The GTC shall also apply to future transactions of the parties.
§ 2.Description of Services
(1) By sending an order form by fax, internet or mail by the customer and accepting an order by PCE NET GmbH, a contract for the use of the respectively described service comes into being. The customer expressly declares that he has already reached the age of 18 and that he is able to conduct business. By sending the order, the customer expressly wishes that the service provision (account setting, domain registration) on the part of the PCE | NET GmbH should be started immediately.
(2) Right of withdrawal of the customer according to the law on remote sales: As far as the customer is a consumer, he can revoke his contract declaration within 2 weeks in writing (no email) without giving reasons. This revocation must contain the complete address data as well as a personal signature of the customer. The actual instruction to the right of revocation however takes place only with the order. The revocation period begins with the sending of the order and the receipt of the right of revocation in text form. In order to meet the cancellation deadline, the timely dispatch or postage stamp is sufficient. In case of an effective revocation, the two-sided benefits are to be reimbursed. A revocation is to be sent to: PCE NET GmbH Rheinstr. 40 - 42 D-64283 Darmstadt, Germany
The right of withdrawal of the customer expires prematurely if with the execution of the service with the express consent of the customer it has begun before the end of the revocation period (eg domain registration, establishment and / or release of the account) or when it was caused by the ordering party itself.
(3) Hosting services - An Internet connection with the necessary facilities is required for the use of the service. Domain names on the virtual server are provided by contract partners of PCE NET GmbH at the respective NIC office. The IP numbers required to operate the virtual server remain in the possession of PCE NET GmbH or its contractual partners and may be changed at any time. Domain name registration data is submitted to the respective NICs in an automated process, where they can be viewed by anyone. The customer can only assume an actual availability and allocation of the domain name, if this is confirmed by the respective NIC. All liability and warranty for the allocation of the ordered domain names is by PCE | NET GmbH. PCE | NET GmbH shall register the domain owner as an ADMIN-C and domain owner.
§ 3. Acceptance, term, termination of the service contract
(1) PCE | NET GmbH reserves the right to refuse the acceptance of orders and contracts. There is no legal entitlement to conclude a contract on the part of the customer.
(2) If a contract has been concluded without a term, this contract can be terminated at any time by a period of three months at the end of the month. The notice of termination must be sent by post. Cancellations by e-mail are not permitted. If a contract has been concluded with a term of validity, contract terms are agreed separately. The notice period is also 3 months at the end of the month. A contract shall be extended by the term in each case if it has not been terminated in good time before expiry of the agreed notice period. In order to safeguard the deadline of notice, the entrance of the deadline of the notice of termination at PCE NET GmbH is relevant
(3) The right to terminate without notice for important cause shall remain unaffected. An important reason lies, in particular, in the case of serious or continuing infringements of the contractual provisions, in particular in the case of infringements of the Law on the juveniles the general terms and conditions of business of PCE NET GmbH, a delay of payment as well as in case of the impossibility of the execution of the contract. In case of termination for important reason, PCE | NET GmbH has the right to refuse immediately the service, which is covered by the contract. PCE | NET GmbH may also immediately block and delete, without setting a deadline, any content and e-mail messages stored.
(4) PCE | NET GmbH is entitled to release the domains of the customer after termination of the contract. All rights of the customer from the domain registration expire at the latest with this release.
§ 4. Offers and Prices
(1) All offers are free and non-binding. We are bound to written offers for 10 days.
(2) The services include an e-mail and telephone support, which is limited to the maintenance of the virtual servers. There is no support for CGI -PHP - My SQL. There is no legal right to free services.
§ 5. Terms of payment
(1) Invoices are issued by PCE NET GmbH to the customer by e-mail. Paper invoices are subject to extra charge. Annual invoices are billed in advance at the time of the start of the contract.
(2) The costs for the setup including the account price according to the prepayment period will be calculated according to the time of the account facility, then billed in advance according to the settlement interval and the prepayment period.
(3) If payment amount due is exceeded, PCE | NET GmbH is entitled to calculate bank interest. In the event of a delay in payment, all outstanding invoices shall be due immediately.
(4) If the customer is in default with due payments after the invoice, PCE | NET GmbH has the right to block and delete the access to the virtual server up to the receipt of the due amount without notice, or to terminate the contract without notice and to charge the customer for the resulting costs and to require a possible compensation.
§ 6. Data backup
(1) The customer releases PCE NET GmbH from all claims of third parties with regard to the data provided. PCE | NET GmbH is not responsible for the backup of the files stored on the virtual server. As far as data are transmitted to the virtual server, the customer creates security copies. PCE | NET GmbH is not liable for violations of the confidentiality of e-mail messages or any other information transmitted.
(2) The Customer releases also provide PCE | NET GmbH from data erasures resulting from the customer's default of payment.
§ 7. Content, mass mailings, mailing actions via electronic mail
(1) The customer releases PCE NET GmbH from any liability whatsoever for the content of transmitted web pages on the rented webhosting services or the virtual server and assures that it will not use the virtual server to storage or to spread threatening, racist, frenzied or defamatory material. He will not violate any trademark, patent or other rights of third parties. The customer is responsible for the contents of the pages. PCE | NET GmbH may terminate the contract without notice and immediately block the virtual server if the content of the pages violates applicable law, presents third parties negatively or triggers public offense. There is no obligation on the part of PCE | NET GmbH to inspect the pages of the customer. The customer is obligated to make an imprint accessible to everyone, if the server place is used commercially. PCE | NET GmbH reserves the right to suspend the customer's offer temporarily or in the long term if he installs on it these programs on their virtual server which can affect the operating behavior of the server.
(2) The storage of erotic or pornographic material is only permitted with written permission.
(3) The rented Webhost may not contain the following contents or be used to running the following content: the operation of a search engine, a banner exchange system or other strongly CPU-intensive scripts / programs, whose call is to a predominant part from other domains, therefore, this has to be expressly approved in writing by PCE NET GmbH.
(4) The customer undertakes not to initiate any advertising circular or mass mailings (e-mailing) via e-mail addresses of his domain via e-mail without having been requested by the e-mail recipients.
(5) Should it be proven that the customer is in breach of one or more of the above mentioned provisions, so we shall immediately block or terminate the respective account without any resulting legal claim on the part of the customer. Payments made in advance shall not be reimbursed in such cases and the customer shall be held responsible for any damage incurred.
§ 8. Liability, claims for damages compensation
(1) PCE | NET GmbH does not guarantee that the virtual server is suitable or is permanently available for a specific service or for a specific software. The service which PCE NET GmbH provides is the provision of the virtual server. We can not accept any liability for disturbances within the Internet. We do not warrant any damages or consequential damages that may be caused directly or indirectly by the virtual server. Liability and claims for damages compensation shall be limited to the amount of the order value of the product concerned that has been obtained from the customer.
§ 9 Data Protection
(1) PCE | NET GmbH points out that personal data are stored as part of the contract execution. The customer is aware that the content stored on the server can be viewed at any time from the technical point of view by the provider. In addition, it is technically possible that the data of the customer can be viewed by unauthorized third parties during the data transmission over the Internet.
§ 10 Final provisions
(1) Place of Performance and Jurisdiction (insofar as the contractual partner a businessman is) is within the meaning of the German Civil Code) 64658 Fürth / Germany
(2) For the contracts concluded by PCE | NET GmbH on the basis of the GTC and for the claims resulting therefrom of whatever nature, the law of the Federal Republic of Germany applies ,excluding the provisions on the Uniform UN Purchase Purchase Agreement concerning the purchase of movable property (CISG)
(3) Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected.