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The following terms and conditions in force at the time the order is for supplies and services, the BASE Bartels System GmbH (hereinafter referred to as: party) in respect of its business partners (hereinafter called: Customer) provides, insofar as they do not conflict with the written agreement has taken.
Contractual relationships between suppliers and customers begin only with an explicit acceptance of the client request or by the first provider of made fullfilled.
The contract is the right of use of the customer at the provider's server. The scope of the right of use determined the specifications of the supplier and the customer's choice of tariffs.
Even in the already concluded contract between supplier and customer, the provider is entitled to extend its services or amend or make improvements, especially those that serve the technical progress. The unilateral change in performance by the vendor is also allowed if it appears necessary to prevent abuse or if the provider is required because of legal requirements to do so.
Environment services, done by the provider voluntarily and gratuitously and not part of the respective terms of reference, may be discontinued at any time by the provider.
The supplier is liable - regardless of whatever legal reason - according to legal provisions, if the customer asserts claims that including intent or gross negligence of willful misconduct or gross negligence by representatives or agents of the provider or based on a negligent breach of a contractual obligation . In the case of intentional or grossly negligent breach of duty by an agent or the slightly negligent breach of a contractual obligation, liability for damages to the foreseeable, typically occurring damage is limited. Moreover, the liability of the provider, particularly excluded for slight negligence.
The provider has the right to use one to provide service at any time and in any amount of third parties. He is also entitled to its rights and obligations under this contract one or more third parties to transmit. In the event of such a contract taking over the provider the customer has 14 days before the submission be informed accordingly. In the event of transfer of the contract, the customer has the right to terminate the contract with effect from the time of the proposed transfer of the contract.
The customer is only with the prior consent of the party entitled to the rights under the contract - assign - except for the entitlements. The provider may refuse to consent to the assignment for good cause.
The procedures for the execution of a contract to provide us with personal data stored in machine-readable form and treated in accordance with the provisions of the Federal Data Protection Act. The vendor agrees that in carrying out the mission became known personal data will be passed on to the service provision dealing with third-party contractors.
The contractual relationship between the supplier and the customer are exclusively subject to the laws of the FRG with the exception of the UN Sales Convention.
For all disputes arising out of or in connection with a contract or these terms and conditions responsible for Troisdorf courts have exclusive jurisdiction, unless the customer is a merchant or a legal entity under public law or the domicile or habitual residence of the customer to the time the complaint is either not domestically located or is unknown.
The provider is entitled to terminate the contract for good cause.
An important reason exists in particular if
the customer is fulfilling its obligations to pay more than 30 calendar days in arrears
or
the customer, despite warning culpably violates his obligations in a contractual obligation
or
the customer, despite warning not removed within a reasonable period of contract or any other violation of rights.
or
if the provider is known regarding the true knowledge of the customer's ability to pay, or have become known, the customer can not dispel the position of valuable security by the first request of the provider.
The prior warning is not necessary for spying or manipulation of data from the provider or other provider's customers.
The termination is also possible for the provider if he has already provided partial performances. Already provided partial services, the customer has to pay, not services provided by the provider expects from the principles of non-performance.
Upon termination or other termination of the contractual relationship between suppliers and customers of the provider is not obligated to provide services. He is entitled to delete all data residing on the server of the client including the mailboxes located in the e-mails. A transfer of Internet website on a server of a third party is not admissible. The provider is entitled to terminate the contract, the client domains that have not been transferred to a new provider to release.
The cancellation period for contracts or domain BASE-KIT's project 3 months before the expiry of the contract, in writing or sent by e-mail, with no timely notice extended the contract for one more year.
The customer is responsible for
by it to the server downloaded held or stored content and its forms
for compliance with statutory and contractual arrangements in relation to the conduct of third parties, in particular its vicarious agents
for any third party to whom he has provided access to services and services of the provider's
for maintaining the confidentiality of the provider for the access passwords received
for the constant availability of its complete name and complete address of summons, as well as any additional addresses such as PO Box, e-mail address, fax and telephone number
The customer has to make sure
that the website / the data of other customers of the provider, the server stability, server performance and server availability are not affected
that the information accessed from the server, stored data, and the keywords used in searching is not against legal prohibitions, public morals or the rights of third parties (including trade marks, names and copyrights)
that no pornographic content or services offered on gaming-oriented content
that hints or shortcuts are the copyright, patent, company, name, trademark or other trademark rights of third parties not covered or otherwise suppressed or altered in whole or in part
that e-mails are not en masse, each with the same or similar content sent without their permission on the server or other services offered by the provider.
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