TERMS OF SERVICE
NEW WORLD RECORDS
Table of Contents
2. Services of the provider
3rd Changes in performance
4th Conclusion of contract
5. Granting of usage rights
6th Obligations of the customer
7th Remuneration and terms of payment
8th. Contract duration and termination
9. Liability for defects
11. Changes to the terms and conditions
12. Applicable law, place of jurisdiction
1.1 These general terms and conditions (hereinafter "GTC") of Sven Gillert, acting under "New World Records" (hereinafter "provider"), apply to all contracts that an entrepreneur (hereinafter "customer") with the provider with regard to the provider completes the services presented on its website. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 These terms and conditions also apply exclusively if the provider carries out the service for the customer without any particular reservation, knowing that the customer's terms and conditions conflict with or deviate from these terms and conditions.
2) Services of the provider
2.1 Establishment and provision of an online shop
The provider sets up an online shop for the customer, whereby the customer can choose from various shop designs specifically specified by the provider. To fulfill its contractual obligations, the provider can use standard software that is provided to him by third parties for these purposes. The provider is responsible for obtaining the necessary usage rights. The content and scope of the owed service of the provider result from the respective service description on the website of the provider. After setting up the online shop, it is saved by the provider on a server and made available to the customer. The customer can edit the content of the online shop set up for him via a password-protected administration area, but cannot influence basic design elements such as background colors, proportions, page structure, etc. The editing options allow in particular the insertion and deletion of pages, the necessary adaptation of the navigation, the exchange and insertion of images and graphics in dedicated and created page areas, text changes and the insertion of hyperlinks. The respective service description on the provider's website is decisive for the quality of the shop software provided by the provider. The provider does not owe any further quality of the software.
2.2 Maintenance of the shop software
The provider takes care of the maintenance of the shop software described in more detail in the service description on his website. Maintenance includes maintaining and restoring the operational readiness of the software, updating the software (updates), documenting the work carried out, - individual advice to the customer by phone or email, periodic maintenance services such as software tests, etc. Not In particular, the instruction and training of the customer's staff, the change of hardware or the customer's operating system as well as individual adjustments to the software are owed. This also applies to the elimination of malfunctions and damage caused by incorrect operation on the part of the customer, faulty hardware, an interruption in the power supply, the effects of third parties or force majeure.
The online shop is hosted by the provider, whereby the provider can use the services of third parties to fulfill his contractual obligations. The content is kept available on a server under an Internet domain assigned to the customer for retrieval via the Internet. The provider's services for the transmission of data are limited solely to data communication between the transfer point operated by the provider of its own data communication network to the Internet and the server provided for the customer. It is not possible for the provider to influence the data traffic outside of its own communication network. Successful forwarding of information from or to the computer requesting the content is therefore not owed in this respect. The provider's hosting service is offered subject to availability. 100 percent availability cannot be technically achieved and therefore cannot be guaranteed to the customer by the provider. However, the provider tries to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the control of the provider (disruptions in public communication networks, power outages, etc.) can lead to disruptions or to the temporary shutdown of the service. The provider provides the aforementioned services with a total availability of 98. The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period, minus the maintenance times. As far as possible, the provider will carry out the maintenance work in times of low usage. The content of the storage space intended for the customer is regularly backed up by the provider. Details on the frequency and procedure for securing can be found in the provider's description of services. The customer has no right to the surrender of one of the backup media, but only to the transfer of the saved content back to the server. 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 adjustment results in additional requirements for the content stored on the server for the customer in order to guarantee the performance of the provider's services, the provider will inform the customer of these additional requirements in good time. In this case, the customer must inform the provider at least four weeks before the changeover date whether he will adapt his content to the additional requirements in good time - i.e. no later than three working days before the changeover time. If the customer refuses to adapt his content or does not declare himself / herself to this to the provider within the aforementioned period, the provider can terminate the contractual relationship with effect from the time of the changeover.
2.4 Procurement of an internet domain The provider also takes on the procurement of the internet domain (s) under which the online shop is to be made available. For this purpose, the customer has to name the Internet domain (s) he / she wants. The provider assumes no liability for the availability of the desired domain (s) or the non-infringement of third-party rights (e.g. name, trademark or title rights) by registering the desired domain (s) on the customer. If the desired domain (s) should no longer be available, the provider will inform the customer immediately and submit up to three alternative suggestions that come as close as possible to the originally desired domain. The customer must then decide on one of the alternative proposals within a reasonable period set by the provider. If the customer allows the reasonable deadline set by the provider to pass without result, the provider is entitled to select a domain for the customer. The provider is not responsible for obtaining rights to domains already registered for third parties by the responsible registry. The integration of an external domain that is managed by another provider is not permitted. The provider has to register the domain in the name and for the account of the customer. In particular, when selecting the domain name and the registration office, as well as negotiating the conditions, the provider must independently look after the customer's financial interests and use his expertise in the customer's service. On request, he must provide the customer with information and give an account of the status and progress of his undertakings in this matter at any time. All rights and naming rights acquired on the domain lie with the customer.
2.5 entry in search engines,
Search engine optimization Unless otherwise stated in the service description on the provider's website, the provider is not obliged to enter the online shop in certain search engines or to optimize it for findability in certain search engines.
3) Changes in services
3.1 The provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the customer.
3.2 The provider also reserves the right to change the services offered or to offer different services - insofar as he is obliged to do so due to a change in the legal situation; - as far as he thereby complies with a court judgment directed against himself or a decision of the authorities; - as far as the respective change is necessary to close existing security gaps; - if the change is only beneficial for the customer; or - if the change is of a purely technical or procedural nature without significant effects for the customer.
3.3 Changes with only insignificant influence on the services of the provider do not represent changes in the service in the sense of this section. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.
4) Conclusion of the contract
4.1 The services described on the website of the provider do not represent binding offers on the part of the provider, but serve for the submission of a binding offer by the customer.
4.2 The customer can submit the offer using the online order form provided on the provider's website. After entering his personal data, the customer submits a legally binding contract offer with regard to the selected services by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by phone or email.
4.3 The provider can accept the customer's offer within five days - by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is decisive, or - by he asks the customer to pay after submitting his order. If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the provider does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
4.4 When submitting an offer via the provider's online order form, the contract text will be saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. Any further provision of the contract text by the provider does not take place. If the customer has set up a user account for the provider's website before submitting his order, the order data will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by specifying the corresponding login data.
4.5 Before the binding submission of the order using the provider's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
4.6 Only the German language is available for the conclusion of the contract. 4.7 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned to process the order can be delivered.
5) Granting of usage rights
5.1 The provider grants the customer the non-exclusive right, limited in time to the term of the contract concluded with the provider, to use the online shop for his own commercial purposes and assures that he is entitled to this granting of usage rights. The granting of rights is not limited to uses on the Internet, but also includes exploitation in other ways, e.g. B. in radio and television or in print versions and in all other possible ways.
5.2 The customer may only use the online shop provided for himself and only for the purposes resulting from the contract with the provider. In particular, the customer is not entitled to allow third parties to use the online shop without the express consent of the provider.
5.3 The customer is entitled to subsequently edit the online shop within the limits of these terms and conditions. Any further processing or modification of the online shop is only permitted with the separate consent of the provider.
5.4 The provider is entitled to use the online shop at any time for demonstration purposes or as a reference for his work. For this purpose, he can, among other things, reproduce individual parts of the online shop (e.g. thumbnails), especially the home page, show the online shop publicly, exhibit, demonstrate, send or otherwise exploit it. However, he must always take the customer's rights into account. The right extends to the online shop in the version provided by the provider as well as to later versions, provided that the original design content has not completely receded into the background of the changes.
6) Obligations of the customer
6.1 The customer must provide the provider with all the content required to set up the online shop such as texts, images, videos in the file formats and file sizes specified by the provider on its website. The customer is solely responsible for the procurement and acquisition of rights to this content.
6.2 The content stored by the customer in the storage space intended for him may be protected by copyright and data protection law. The customer grants the provider the right to be able to make the content stored by him on the server accessible in the event of queries via the Internet, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup. The customer is responsible for checking whether his use of personal data meets data protection requirements.
6.3 The customer undertakes not to store any content on the storage space made available that violates applicable law or that violates the rights of third parties. The customer also ensures that programs, scripts or similar installed by him do not endanger the operation of the server or the provider's communication network or the security and integrity of other data stored on the provider's servers.
6.4 The customer exempts the provider from all claims that third parties may assert against the provider due to infringement of their rights due to content stored on the server by the customer. The customer assumes the costs of the necessary legal defense including all court and lawyer fees in a reasonable amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the provider with all information that is necessary for the examination of the claims and a defense.
6.5 In the event of an imminent or actual breach of the above obligations as well as in the assertion of not obviously unfounded claims by third parties against the provider based on the content stored on the server, the provider is entitled, taking into account the legitimate interests of the customer, to connect this content to temporarily shut down the Internet in whole or in part with immediate effect. The provider will inform the customer about this measure immediately.
6.6 If programs, scripts etc. installed by the customer endanger or impair the operation of the server or the provider's communication network or the security and integrity of other data stored on the provider's servers, the provider can deactivate or uninstall these programs, scripts etc. . If the elimination of the hazard or impairment requires this, 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 about this measure immediately.
6.7 To access the storage space intended for the customer, the customer receives a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to those persons who have been authorized by him to access the storage space.
7) Remuneration and terms of payment
7.1 Unless otherwise stated in the offer of the provider, the prices given are net prices plus statutory sales tax.
7.2 The remuneration for the services of the provider is to be paid by the customer monthly in advance by the fifth working day of each month at the latest, 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 first activation takes place, the remuneration for each day following activation is 1/30 of the agreed amount.
7.3 The remuneration is debited monthly by direct debit from the customer's bank account or via PayPal. The customer gives the provider a direct debit mandate (SEPA) that can be revoked at any time. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution if he is responsible for this .
7.4 The provision of the services by the provider is bound to the fact that the customer meets his payment obligations on time. If the customer is in arrears with the payment of a not inconsiderable part of the owed remuneration for two consecutive months, the provider can terminate the contractual relationship for good cause without observing a period of notice.
8) Contract duration and termination
8.1 The contract is for an unlimited 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 is extended by a further year and can then be terminated again with a period of three months to the end of the respective contract period.
8.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties.
8.3 Cancellations must be made in writing in text form (by email).
8.4 After termination of the contractual relationship, the provider will provide the customer with the content stored in the storage space intended for the customer on a data carrier. Any rights of retention of the provider remain unaffected.
9) Liability for defects
The provider is liable for defects in the functionality of the online shop in accordance with the statutory provisions, unless otherwise stated in the following provisions.
10.1 If the provider negligently violates the Telecommunications Act, an ordinance issued on the basis of this Act, an obligation imposed on the basis of this Act in an allocation or an order of the Federal Network Agency when providing telecommunication services to the public, the liability towards the customer for financial loss is in accordance with Section 44a TKG.
10.2 In addition, the provider is liable for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
10.2.1 The provider is fully liable for any legal reason - in the event of willful intent or gross negligence, - in the event of willful or negligent injury to life, body or health, - on the basis of a guarantee promise, unless otherwise regulated in this regard, - on the basis of mandatory liability such as according to the product liability law.
10.2.2 If the provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content 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 can regularly rely.
10.2.3 Otherwise, liability on the part of the provider is excluded.
10.2.4 The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
11) Changes to the terms and conditions
11.1 The provider reserves the right to change these terms and conditions at any time without giving reasons, unless this is unreasonable for the customer. The provider will notify the customer of changes to the terms and conditions in writing in good time. If the customer does not object to the validity of the new terms and conditions within a period of four weeks after notification, the changed terms and conditions are deemed to have been accepted by the customer. In the notification, the provider will inform the customer of his right to object and the importance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship continues to exist under the original conditions.
11.2 The provider also reserves the right to change these terms and conditions - insofar as he is obliged to do so due to a change in the legal situation; - as far as he thereby complies with a court judgment or an authority decision directed against himself; - as far as he introduces additional, completely new services, services or service elements that require a service description in the terms and conditions, unless the previous usage relationship is adversely affected by this; - if the change is only beneficial for the customer; or - if the change is purely technical or process-related, unless it has significant effects on the customer.
11.3 The customer's right of termination in accordance with Section 7 remains unaffected.
12) Applicable law, place of jurisdiction
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties.
12.2 If the customer acts as a merchant, legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the provider's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the provider's place of business is the exclusive place of jurisdiction for all disputes arising from this contract. In the above cases, however, the provider is always entitled to call the court at the customer's registered office.