General terms

 

  • 1 Services of the provider, payment, contract period/termination

 

(1) The scope of the individual services is based on the current service description in force at the time of placing the order.

 

(2) If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer’s part on another server, e.g. during the transfer of a web space package or other data stored on the provider’s servers, the customer shall provide such co-operation in accordance with the provider’s instructions and within the stipulated time.

 

(3) If no other agreement has been reached the provider shall be entitled to demand payment in advance for all services ordered by the customer for the respective period.

All webhosting packages (“webspace”) and colocation services and domains offered by the provider (Srjo.net ) assume a minimum service period of twelve months with an automatic extension of the agreement for twelve months.

All dedicated server packages and VPS packages offered by the provider (Srjo.net) assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.

 

(4) Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.

 

(5) Given that the customer is placing the order as a private customer (as defined by § 13 BGB), the following applies: The customer has to pay the provider an appropriate fee which equals the ratio of the services already rendered in relation to the total services initially intended for the contract, up to the point when the customer informed the provider about the enactment of his right of revocation regarding the contract. This is true in particular for yearly costs of ordering Internet domains. The reason for this is that these Internet domains are ordered individually according to the customer’s wish from the responsible registry and such orders have to be paid by the provider for one year in advance. This is why advances rendered by the customer will be withheld, in general. Due to the installation and start of operation of the hosting services ordered by the customer (setup and configuration of the web space or server, the domain or the colocation space as well as the Internet uplink required, setup of upgrades, etc.), which the provider is contractually obligated to perform, the provider explicitly reserves the right to demand appropriate compensation for lost value if the costs for the services rendered by the provider in relation to the total services intended for the contract are not covered by advances made by the customer.

 

(6) Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 15 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.

 

(7) The responsibility for backups of his data lies with the customer, not the provider.

 

(8) The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determins the remuneration according to equitable discretion.

 

(9) In case the value-added tax is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.

 

(10) It is agreed that payments made by the customer will not be refunded regardless of their original purpose – except in the case of an effective revocation, but then by inclusion of § 1(5). In case the customer made a payment higher than the amount of fees being required until the end of the contract and the fees for ordered services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider at any time.

 

 

  • 2 Third party rights

 

(1) The customer expressly assures that the pro