General Terms and Condition Hosting

General terms and conditions ensure clear regulations.

Table of Contents

  1. Scope of Application
  2. Provider's Services
  3. Changes to Services
  4. Conclusion of Contract
  5. Customer's Obligations
  6. Compensation and Payment Terms
  7. Contract Duration and Termination
  8. Liability
  9. Amendment of the Terms and Conditions
  10. Applicable Law, Jurisdiction

1) Scope of Application

1.1These General Terms and Conditions (hereinafter referred to as "AGB") of Robert Mittl, trading as "mittl medien" (hereinafter referred to as "Provider"), apply to all contracts concluded between a business entity (hereinafter referred to as "Customer") and the Provider regarding the services displayed on the Provider's website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2These terms and conditions also apply exclusively if the provider performs the service for the customer without reservation, despite being aware of conflicting or deviating conditions of the customer.

1.3 Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legal partnerships that act in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Provider's Services

2.1 The provider provides services for making content accessible via the internet. To this end, the provider makes system resources available to the customer on a virtual server. The customer can store content on this server up to a certain extent. The exact scope is determined by the provider's service description.

2.2 The content is made available for retrieval via the internet under an internet domain assigned to the customer. The provider's services in transmitting data are limited solely to data communication between the provider's own data communication network's transfer point to the internet and the server provided for the customer. The provider cannot influence the data traffic outside its own communication network. Therefore, successful forwarding of information to or from the requesting computer is not owed by the provider.

2.3 The provider's online service is offered subject to availability. A 100% availability is not technically feasible and therefore cannot be guaranteed by the provider. However, the provider endeavors to keep the service available as consistently as possible. In particular, maintenance, security, or capacity requirements, as well as events beyond the provider's control (disruptions of public communication networks, power outages, etc.), can lead to disruptions or temporary shutdown of the service.

2.4 The provider provides the aforementioned services with a total availability of 99.9%

Availability is calculated based on the time allocated to the respective calendar month in the contract period, minus maintenance times. The provider will carry out maintenance work during low-usage periods, to the extent possible.

2.5 The contents of the storage space allocated to the customer are regularly backed up by the provider. Details regarding the frequency and method of backup are specified in the provider's service description. The customer has no right to receive a backup medium, but only to have the backed-up contents transferred back to the server.

2.6 The provider is entitled to adapt the hardware and software used to provide the services to the current state of the art. If such an adaptation results in additional requirements for the content stored by the customer on the server in order to ensure the provision of the provider's services, the provider will notify the customer of these additional requirements in a timely manner. In this case, the customer must inform the provider, no later than four weeks before the conversion date, whether they will adapt their content to the additional requirements in a timely manner - that is, no later than three working days before the conversion date. If the customer refuses to adapt their content or does not declare their intention to do so within the aforementioned deadline to the provider, the provider may terminate the contractual relationship with effect from the conversion date.

3) Changes to Services

3.1 The provider reserves the right to change the offered services or offer different services, unless this is unreasonable for the customer.

3.2 Furthermore, the provider reserves the right to change the offered services or offer different services,

  • if the provider is obliged to do so due to a change in legal regulations;
  • if the provider complies with a court judgment or an administrative decision directed against them;
  • if the respective change is necessary to close existing security gaps;
  • if the change is only advantageous for the customer; or
  • if the change is purely technical or procedural in nature and has no significant impact on the customer.

3.3 Changes that have only an insignificant impact on the provider's services do not constitute changes to services within the meaning of this clause. This particularly applies to changes of a purely graphical nature and the mere rearrangement of functions.

4) Conclusion of Contract

4.1 The services described on the provider's website do not constitute binding offers by the provider, but serve as an invitation for the customer to make a binding offer.

4.2 The customer can submit the offer via the online order form provided on the provider's website. By entering their personal data and clicking the button that concludes the ordering process, the customer submits a legally binding contract offer regarding the selected services.

4.3 The provider can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or a confirmation of order in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed their order.

If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the provider does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

4.4 The period for accepting the offer begins on the day following the dispatch of the offer by the customer and ends with the expiration of the fifth day following the dispatch of the offer.

4.5 When submitting an offer via the provider's online order form, the contract text is stored by the provider after the conclusion of the contract and is transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The provider does not provide any further access to the contract text.

4.6 Before submitting a binding order via the provider's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding order is placed and can also be corrected there using the usual keyboard and mouse functions.

4.7 The German language is available for concluding the contract.

4.8 The order processing and communication usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate, so that emails sent by the provider can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the provider or third parties commissioned by the provider for order processing can be delivered.

5) Customer's Obligations

5.1 The content stored by the customer on the storage space provided for them may be protected by copyright and data protection laws. The customer grants the provider the right to make the content stored by them on the server accessible via the internet, in particular to reproduce and transmit it, as well as to reproduce it for the purpose of data backup. The customer is responsible for independently verifying whether the use of personal data by them complies with data protection requirements.

5.2 The customer undertakes not to store any content on the provided storage space that violates applicable law or infringes the rights of third parties. Furthermore, the customer must ensure that any programs, scripts, etc. installed by them do not jeopardize the operation of the provider's server or communication network, or the security and integrity of other data stored on the provider's servers.

5.3 The customer indemnifies the provider from any claims made by third parties against the provider due to the customer's content stored on the server, which infringes their rights. The customer shall bear the costs of necessary legal defense, including all court and attorney fees, to a reasonable extent. This does not apply if the customer is not responsible for the infringement. The customer is obliged to immediately, truthfully, and completely provide all information necessary for the examination of claims and defense in case of third-party claims.

5.4 In the event of an imminent or actual violation of the aforementioned obligations, as well as when asserting non-obviously unfounded claims by third parties against the provider due to the content stored on the server, the provider is entitled to temporarily suspend the connection of this content to the internet, taking into account the legitimate interests of the customer. The provider will inform the customer immediately about this measure.

5.5 If programs, scripts, etc. installed by the customer endanger or impair the operation of the provider's server or communication network, or the security and integrity of other data stored on the provider's servers, the provider may deactivate or uninstall these programs, scripts, etc. If the elimination of the danger or impairment requires it, the provider is also entitled to interrupt the connection of the content stored on the server to the internet. The provider will inform the customer immediately about this measure.

5.6 For access to the storage space intended for the customer, the customer will receive a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only disclose the password to persons authorized by them to access the storage space.

6) Remuneration and Payment Terms

6.1 Unless otherwise stated in the provider's offer, the prices specified are net prices and are subject to the statutory value-added tax.

6.2 The remuneration for the provider's services is to be paid by the customer monthly in advance, no later than the fifth working day of each month, unless otherwise agreed. The obligation to pay the remuneration begins with the activation of the storage space by the provider. For the month in which the initial activation takes place, the remuneration for each day following the activation is 1/30 of the agreed amount.

6.3 The remuneration will be debited monthly by direct debit from the customer's bank account. For this purpose, the customer grants the provider a revocable SEPA direct debit mandate. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being entitled to do so, the customer shall bear the fees incurred by the chargeback by the respective credit institution, if the customer is responsible for this.

6.4 The provision of services by the provider is conditional upon the customer fulfilling their payment obligations in a timely manner. If the customer is in default with the payment of a significant part of the owed remuneration for two consecutive months, the provider may terminate the contractual relationship for good cause without observing a notice period.

7) Contract Duration and Termination

7.1 The contract is concluded for an indefinite period, but at least for a period of one year (minimum term). During the minimum term, the contract can be terminated with a notice period of three months to the end of the minimum term. If the contract is not terminated in due time, it will be automatically extended by one year and can then be terminated with a notice period of three months to the end of each respective contract term.

7.2 The right to terminate for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the mutual interests, the continuation of the contractual relationship until the agreed termination or the expiration of a notice period cannot be reasonably expected from the terminating party.

7.3 Terminations must be made in writing or in text form (e.g., by email).

7.4 After termination of the contractual relationship, the provider will make the content stored on the storage space intended for the customer available on a data carrier. Any retention rights of the provider remain unaffected.

8) Liability

8.1 The provider is liable for all contractual, quasi-contractual, and legal claims for damages and reimbursement of expenses as follows:

8.2 The provider is fully liable for

  • intent or gross negligence,
  • intentional or negligent injury to life, body, or health,
  • due to a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

8.3 If the provider negligently violates a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies according to the above clause. Material contractual obligations are obligations that the contract imposes on the provider in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer regularly relies.

8.4 In all other respects, liability of the provider is excluded.

8.5 The above liability provisions also apply with regard to the liability of the provider's agents and legal representatives.

9) Amendment of the Terms and Conditions

9.1 The provider reserves the right to amend these terms and conditions at any time without stating reasons, unless this is unreasonable for the customer. The provider will notify the customer of changes to the terms and conditions in writing in a timely manner. If the customer does not object to the validity of the new terms and conditions within a period of four weeks after the notification, the amended terms and conditions shall be deemed accepted by the customer. The provider will inform the customer in the notification about their right to object and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship will continue under the original conditions.

9.2 Furthermore, the provider reserves the right to amend these terms and conditions

  • to the extent that it is obliged to do so due to a change in the legal situation;
  • to the extent that it complies with a court judgment or an official decision directed against it;
  • to the extent that it introduces additional, completely new services, services, or service elements that require a service description in the terms and conditions, unless the existing usage relationship is thereby adversely affected;
  • if the change is advantageous for the customer only; or
  • if the change is purely technical or procedural, unless it has a significant impact on the customer.

9.3 The customer's right to terminate in accordance with clause 7 remains unaffected by this.

10) Applicable Law, Jurisdiction

10.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the provider. If the customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of the provider is the exclusive place of jurisdiction for all disputes arising from this contract. However, in any case, the provider is entitled to bring an action at the customer's place of business.