General Terms and Conditions of Use (GTC)

General Terms and Conditions of Use (GTC) for “Kleinert-WEB.net” pages

1. Copyright information

All information on this website is provided as stated without any claim to accuracy, completeness or topicality.
Unless expressly stated otherwise in this publication in connection with a particular excerpt, file or document, anyone is permitted to view, copy, print and distribute this document under the following conditions:
The document may only be used for non-commercial information purposes. Any copy of this document or part thereof must contain this copyright statement and the operator’s copyright mark. The document, any copy of the document or part thereof may not be changed without the written consent of the operator. The Operator reserves the right to revoke this permission at any time and all use must cease immediately upon publication of a written notice by the Operator.

2. Contractual Representations and Disclaimers

The website “Kleinert-WEB.net” is available to you free of charge – unless otherwise agreed. The operators assume no liability for the accuracy of the information contained, availability of the services, loss of data stored on »Kleinert-WEB.net« or usability for any specific purpose.
The operators are also not liable for consequential damages resulting from use of the offer.
To the extent that an exclusion of liability is not possible, the operators are only liable for gross negligence and intent. Product and company names are trademarks of their respective owners and are used on these pages for informational purposes only.
This publication could contain technical or other inaccuracies or typographical errors. Changes may be added to this information from time to time; these changes will be included in new editions of the publication. The operator may make improvements and/or changes to the offerings described in this publication at any time.

3. Contractual matters

The following General Terms and Conditions (GTC) are part of all contracts (in written and electronic form) with Macxony Co., LTD (hereinafter referred to as macxony). Differing terms and conditions of the international contractual partners do not become part of the contract. Subsidiary agreements are only binding if they have been confirmed in writing by post (not via email). Oral statements are generally non-binding.

3.1 Offer / Contract / Termination

Orders are concluded with the countersignature of a customer application or through an online order via email. The prices valid on the day of the respective invoice are used for the calculation. The contract is initially concluded for one year and can be terminated at any time by either contractual partner with 30 days’ notice to the end of the month

3.2 Prices / payment conditions

Billing/invoicing usually occurs when the service is provided and/or the goods are delivered. Payment is generally made in accordance with the agreed payment method (direct debit / credit card / Paypal, unless otherwise agreed individually). The payment period is 7 days net. The days of receipt of payment are decisive. Checks are only valid after they have been credited/valued to us. If the payment deadline is exceeded, we are entitled to charge customary bank interest. In the event of late payment, all outstanding invoices become due immediately. If a correct direct debit is returned, the resulting bank charges will be charged. If there are doubts about the buyer’s ability to pay, we can demand advance payments. If the buyer is in arrears with his obligations, we are entitled to stop delivery/block the account, subject to other claims. We can charge the costs of €25 resulting from a blocking and possibly claim compensation. Our services include email support, which is limited exclusively to account/server maintenance. The pre-notification period for SEPA direct debit mandates is 2 days.

3.3 Discounts

We grant a discount of up to 10% if you pay 12 or 24 months in advance. If the contractual relationship is terminated before the end of the months already paid – for whatever reason – there is no entitlement to a refund of the amount for the remaining term. Termination on our part is only possible if there has been a gross violation of these General Terms and Conditions on the part of the customer. Even in such a case, the account will be deleted immediately.

3.4 Service, contract term

With the acceptance of the order and the allocation of storage space and password, a contract for the use of our service is concluded. This is calculated according to the contract agreed between the customer and the provider. The contract is concluded depending on the agreement

  • when ordering storage space for a month with 30 daily notice periods at the end of the month and is automatically extended for another month unless either party declares its termination.

  • when ordering a domain name for a period of at least 12 months and is automatically extended for a further year unless neither party declares its termination at least 3 months before the end of the one-year period.

  • When ordering a server, the minimum term is the period selected when the contract was concluded, after which the contract is extended by the same term if proper termination has not been made 4 weeks before the end of the contract.

The contract concluded in each case can be terminated by either party at the above-mentioned time without giving reasons. Any excesses of the contractually agreed storage space size will be billed at the end of each month, possibly with advance payment in advance.

3.5 Domain Names

Domain names are registered with the respective NIC by Macxony or authorized partners. The data for registering domain names is transmitted to the respective NIC in an automated process. The customer can only assume that the domain name is actually available and allocated once it has been confirmed by the respective NIC or by us. Any liability or warranty for the allocation of the ordered domain names is excluded by Macxony. If the annual fee for the domain name is included in the account price, the domain price for the corresponding years (specified by the respective NIC) must be paid in full in the event of termination. Our customer service will provide further information on this.

3.6 Warranty / Guarantee / Data backup

3.6.1 Web space / data backup

The customer releases Macxony from all third-party claims regarding the data provided. Macxony is not responsible for backing up files stored on the account/server.

As far as data is transmitted to the account/server, the customer creates backup copies.

The customer receives a login name and a login password to maintain his offer. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. The customer is aware that due to the structure of the Internet there is the possibility of intercepting transmitted data. The customer accepts this risk. Macxony is not liable for any breach of the confidentiality of email messages or other information transmitted.

Macxony does not guarantee that the account/server is suitable for a particular service or software or is permanently available. Macxony’s service is the provision of the account/server. We cannot accept any liability for disruptions within the Internet. Intentional or grossly negligent actions by Macxony or one of its vicarious agents are excluded. Unless the culpable breach of an essential contractual obligation (cardinal obligation) occurs through gross negligence or intent, Macxony’s liability is limited to the damage that Macxony could reasonably have foreseen when the contract was concluded. Macxony’s liability for guaranteed properties, personal injury and mandatory legal regulations remains unaffected.

3.6.2 Availability

The network availability is at least 99% on an annual average up to the point of transfer to the Internet. The customer is advised that restrictions or impairments to the services provided by Macxony may arise that are beyond Macxony’s control. This applies in particular to times when the servers cannot be accessed or can only be accessed to a limited extent due to technical or other problems that are beyond Macxony’s control. Macxony is obliged to take all measures to ensure the maintenance of network operations and network integrity. Macxony is therefore entitled to temporarily take the server identified as the cause offline or to limit its performance.

3.7 Published content / stored data

The customer releases Macxony from any liability for the content of transmitted websites on the account/server. He will not violate any trademark, patent or other rights of third parties with his offer. The customer is responsible for the content of the pages. Macxony can terminate the contract without notice and block the account/server immediately if the content of the pages violates applicable law, portrays third parties negatively or causes public offence. Macxony has no obligation to check the customer’s data. aaahosting.de reserves the right to block the customer’s offer immediately if the customer sets up things on his account/server that impair the operational behavior of the server or if the account/server uses more than 20% of the system performance/system resources claims. The customer further undertakes not to initiate any advertising circulars or mass mailings (mailing campaigns) via electronic mail via email addresses in his domain without having been requested to do so by the email recipient. In the sense of the above paragraph, a reseller/customer is also responsible for the corresponding web space accounts of its customers. Violations will result in the account/server being blocked immediately. Illegal content such as child pornography will be reported to the relevant authorities without warning.

3.8 Applicable Law

The law of Macau SAR applies to the warranty conditions and the entire legal relationship between seller and buyer. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

3.9 Revocation

Cancellation instructions for consumers according to § 13 BGB

Consumers according to § 13 BGB can revoke their contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations in accordance with § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the cancellation deadline, it is sufficient to send the cancellation in a timely manner.

The revocation must be sent to:

 

Consequences of revocation

In the event of an effective revocation, the services received by both parties must be returned and, if necessary, benefits derived (e.g. interest) must be returned. If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation in this respect. This may mean that you still have to fulfill your contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation declaration and for us when it is received.

special instructions

Your right of cancellation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of cancellation.
Unless otherwise specified, the right of withdrawal does not apply to distance selling contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.

4. Data protection

Macxony only collects, processes and uses a user’s personal data to the extent that the user has consented and it is necessary for the establishment and execution of the contract and for billing purposes. To establish and process a contractual relationship, the customer’s name, address, telephone number, email address and bank details are generally required (inventory data). This data is usually collected in order forms to be printed out. The user is advised that a domain registration requires the transmission of certain personal data such as name and address to the relevant national and international registration authorities and publication in the Whois databases that can be accessed by anyone. For example, for the registration of a .de domain, the name and address of the domain owner, the administrative and technical contact person and the zone administrator as well as the telephone and fax numbers as well as the e-mail address of the technical contact person and the zone administrator are currently sent to DENIC eG and published in the DENIC database at http://www.denic.de on the Internet.

5. Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is Macau SAR if the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in the country.

6. Final provisions

These General Terms and Conditions (GTC) serve as the basis for all contracts concluded with aaahosting.de. They also apply to all future business relationships even if they are not expressly agreed again. These terms and conditions are deemed to be accepted upon first access to a Macxony / Kleinert-web.net computer or the Maccxony / Kleinert-web.net services. Counter-confirmations from the user with reference to their terms and conditions of business or purchasing are hereby contradicted.

7. Note in accordance with the Teleservices Act

The respective providers are responsible for third-party websites to which this offer refers via so-called links. The operator is not responsible for the content of such third-party sites. Furthermore, the website can be clicked on from other sites without our knowledge using so-called links. The operator assumes no responsibility for representations, content or any connection to this website on third-party websites. The operator is only responsible for third-party content if there is positive knowledge of it (including illegal or criminal content) and it is technically possible and reasonable to prevent its use. However, according to the Teleservices Act, the operator is not obliged to constantly check the third-party content.

Contact

Please direct any questions about “Kleinert-WEB.net”/Macxony to the webmaster  .

Legal validity

These General Terms of Use refer to »Kleinert-WEB.net«.
If parts or individual formulations of this text do not, no longer or do not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.