General Standard Terms and Conditions, Consumer Information
This English language translation of the General Terms and Conditions serves for informational purposes only and has no legal authority. The decisive text is the version written in German. Therefore, in case of differing interpretations between the German and English versions, the German version shall take priority.
I. General Terms
§ 1 Standard Regulations
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Rackhansa GmbH) on the website www.rackhansa.de. Unless otherwise agreed, the possible inclusion of your own conditions is contradicted.
(2) In terms of the following set of rules consumers are natural persons, with whom trading relations are established and which do not act in practice of a commercial activity or of activities of a self-employed person. Entrepreneurs are natural or juridical persons or judicable partnerships, with whom trading relations are established and which act in practice of a commercial activity or of activities of a self-employed person.
§ 2 Conclusion of contract
(1) We make internet-services, especially webhosting, domains and different servers available for You. The scope of services results from the ordered service packages and the here on the internet site by the provider given service description.
Our offers in the internet are not binding and no binding offer to conclude a contract.
(2) You may submit a binding offer (order) using the online shopping cart system. Thereby the for purchase intended services are stored in the “shopping cart”. On the appropriate button in the navigation bar, You can view the “shopping cart” and then make changes at any time. After retrieving the page “Checkout” and entering your personal details and payment terms, all order data is finally displayed anew on the order summary page.
Before submitting the order You have the opportunity here to check all the settings again to change (also using the “back” of the internet browser) or cancel the order. By submitting the order using the button “order at costs”, the customer makes a binding offer to the provider.
(3) The acceptance of the offer (and therefore the conclusion of contract) takes place immediately after order confirmation by email, in which the execution of the order or the successfully activation of the booked service is confirmed (confirmation of order).
If You have not received an appropriate message, You are no longer bound to your order. If necessary, already provided payment will be refunded immediately in this case.
(4) Your requests for the creation of an offer are non-binding. For this purpose we submit a binding offer in written form (e.g. email) to You which You can be accept within 5 days.
(5) The completion of the order and submission of all information required in connection with the contract is partially automated by email. You must therefore ensure that the by You deposited email address is correct, the receiving of emails is technically assured and particularly is not prevented by a SPAM filter.
§ 3 Special arrangements for offered payment methods
Basic SEPA Direct Debit
When paying by basic SEPA Direct Debit, You authorize Rackhansa by submitting a corresponding SEPA mandate to collect the invoice amount from your account.
The entry of the payment is done within 5 days after the conclusion.
The deadline for submission of the preliminary announcement (Pre-Notification) is reduced to 5 days before the due date. You are required to provide sufficient funds in the account by the due date. In case of a return debit due to your negligence, You have to pay the bank incurred fee.
We reserve the right to exclude the Payment Basic SEPA Direct Debit and / or SEPA Direct Debit in individual cases.
§ 4 Provision of Webhosting, Serverhosting, Duties
(1) Our obligations arise from the terms of reference of the relevant hosting or server hosting offer.
The performance (activation of the booked service package, submission of credentials) takes place, unless otherwise agreed, within 1-2 days after the conclusion (at an agreed advance payment after the date of your payment order).
(2) If we grant You full and exclusive administration rights on the deployed servers within the server hosting, You are solely and exclusively responsible for the management and security of your server.
You are required to install necessary security software to constantly inform about known vulnerabilities and to cancel them automatically. The installation of maintenance programs or other software that we provide or recommend as available does not relieve You of this duty.
(3) As far as we provide programs, You will receive a non-exclusive right to use the provided programs for the period of the contract term. They are obliged to comply with the license terms.
(4) You are also obliged to set up and manage your server so that the security, integrity and availability of the networks, other servers, software and third-party data is not compromised. In particular, You are prohibited to use the server for sending spam mails and (d) DOS attacks or operate open mail relays and other systems on the server which can spread SPAM mails and (d) DOS attacks. In case of violations, we reserve the right to disconnect the server from the network and to terminate the contract without notice.
(5) You have no right of insisting that the server assigns to the same IP address for duration of the contract. We reserve the right to change it in technical or legal necessity and assign a new IP address to You in this context.
(6) We reserve the right to adjust the hardware and software used to provide the service at the current level of technology and to notify You in time of resulting additional requirements of your contents stored on our servers. We are committed to make such adjustments only in a reasonable framework considering your interests.
(7) We provide our services with an availability of 99% throughout the year, as far as no availability is shown in the respective services. Downtime due to regular or sporadic maintenance are included herein.
This does not include times in which the server can not be reached due to technical or other problems that are not within our control (force majeure, fault of others, etc.).
§ 5 Domain Management
(1) On procuring and / or maintaining domains we operate between You and the contracting entities only as an intermediary. We owe this to prepare and submit a according to the specifications of the respective registrar (eg Denic eG) completed application for registration of your desired domain names.
A guarantee for the transfer, or the allocation of the permanent inventory of domains in your favor can not be accepted, in this context the registration requirements of the awarding bodies shall be applied.
You guarantee that your requested or already registered domain does not infringe any third party rights. You are also required to notify the service provider immediately in case of any loss of your domain.
(2) We are entitled to activate a domain only after payment of the agreed fees according to section 5 of our customer information. After cancellation of the contract, we also can refuse to release the domain as long as You have fulfilled all payment obligations under the contract to the provider.
(3) If You don’t give any clear instructions to transfer or delete the domain after contract termination, we may return the domain to the competent contracting authority or get it deleted after the contract ends and after a reasonable period. The same applies if a release of the domain according to § 4 para. 2 of the terms may be refused by the provider.
§ 6 Provision of other internet services
(1) Our obligations arise from the terms of reference of the respective service offerings.
(2) You are obliged to cooperate to the extent that additional information must be made available to us to provide the service.
(3) The provision (activation of the booked service package) takes place, unless otherwise agreed, within 1-2 days after the conclusion (at an agreed advance payment after the date of your payment order).
§ 7 Obligations of the Customer
(1) You have to inform us of any changes necessary for the fulfillment of the contract without delay. Passwords and other credentials are strictly confidential.
(2) You are obliged to arrange your domain and website so that an excessive burden on our server is avoided, for example by scripts that require high computing power or above average consume a lot of memory.
We are entitled to exclude pages that do not meet the above mentioned requirements from being accessed by You and third party. You will be informed immediately about such measures.
(3) You ensure that your domains and including callable content do not violate statutory provisions or public morals and do not infringe any third party rights.This concerns in particular the legal systems in the provider identification, copyright, trademark, publicity and other intellectual property, distance selling law, competition law, criminal law and data protection law.
We are not obliged to check your domains and including accessible contents for possible legal violations. After recognizing legal offenses or inadmissible contents, we are entitled to block the content and make that domain inaccessible. You will be notified immediately of such measures.
You release us from all claims arising from a by You represented breach of the above mentioned obligations. This also applies to the cost of our legal defense, including all court costs and attorney fees.
(4) You have to make backup copies of all data that You transfer to our servers on separate disks. We are not responsible for creating backup copies. In case of data loss, You will transfer the relevant database on our server again, of course this is free of charge.
§ 8 Contract Period and Termination
(1) The contract concluded between You and us has a term of 12 months, unless another contract period is shown under the relevant service offering. If the contract is not canceled 4 weeks before contract termination (if not arranged differently in the prevailing offer) in written form by either party, it will be extended tacitly agreed to the base period. If the base period is longer than one year, the contract will be extended but only for one year.
(2) The right to instant dismissal for cause remains unaffected.
In particular, we have an extraordinary right of termination in case of repeated violation of obligations according to § 4 para. 2 to 4 and § 7 of the Terms and Conditions. If You use our servers for distribution of illegal content, we are entitled to terminate immediately without further notice.
In case of an extraordinary cancellation of contract You are liable for all damages and obliged to compensatory damage claimed by us.
§ 9 Right of Retention
Right of retention can only be applied if it is receivable from the same contractual relationship.
§ 10 Liability
(1) We are fully liable for any damages resulting from injury to life, body or health.
We are also limitlessly liable in all cases of intent or gross negligence, fraudulent concealment of a defect on the takeover of guarantee for the quality of the purchased item and in all other cases defined by law.
(2) Liability for defects within the statutory warranty is based on the corresponding rules in our customer information (Part II).
(3) If essential contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Essential contractual obligations are essential obligations arising from the nature of the contract and whose breach would jeopardize the contract purpose and the obligations imposed to us by the contract content – due to meet the contract purpose. It’s fulfillment makes the implementation of the contract possible and it’s compliance is what You regularly can rely on.
(4) In case of breach of minor contractual obligations, liability is excluded for slight negligence.
(5) At the current state of the art data communication via the internet, it can not be guaranteed to be accurate and / or available at all times. We are not liable either for the continuous uninterrupted availability nor the Website and the Service offered there.
§ 11 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers the choice of law is only valid and applied insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer (favorability).
(2) Place of Performance for all aspects of business with us as well as existing jurisdiction is our headquarter, as long as You are not consumers but merchant, a legal entity under public law or public law special funds.
The same applies if You have no general jurisdiction in Germany or the EU or the domicile or habitual residence is not known at the time of the action. The authority to appeal to the court in another jurisdiction remains unaffected.
(3) The provisions of UN purchasing law specifically does not apply.
II. Customer Information
1. Provider Identity
Phone: 0201 857 898 39 – 0
2. Information concerning Contract Conclusion
The technical steps to conclude a contract, the conclusion of the contract itself and the possibilities of correction are implemented in accordance with the provisions of § 2 of our Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1 Contract language is German.
3.2 We do not store the complete text of the contract. Before submitting the order via the online shopping cart system, contract data can be printed using the print function of your browser or saved electronically. After the receipt of the order, the order data, the information required by law for distance contracts and the terms and conditions will again be sent by e-mail to You.
3.3 In case of requests outside the online shopping cart system, You will receive all contract data sent as part of a binding offer in text form for example by e-mail, which You can print or save electronically.
4. Key Features of Service
The main features of the service can be found in the terms of reference and the supplementary information given on our website or at requests for quotations in our binding offer.
5. Prices and Payment
5.1 Expressed prices in respectives offers are overall prices. They include all price components including all applicable taxes.
5.2 You have the following payment options, unless not otherwise stated in the online order process, or in our binding offer:
- Payment by Bank Transfer
- Payment by Basic SEPA Direct Debit
- Payment by PayPal
- Payment by Invoice.
For more information on payment by Basic SEPA Direct Debit, please refer to the set of rules “Special arrangements for offered payment methods” in our Terms and Conditions (Part I).
Payment by invoice is only possible for authorities and businesses.
5.3 The invoice amount has to be compensated for payment by invoice within 14 days. For all other payment methods claims from the completed contract are immediately due for payment, unless not otherwise stated in the online order process, in our binding offer or indicated invoice.
6. Statutory warranty rights
There are the statutory warranty rights.
7. Contract Period and Termination
Information concerning contract period and the terms of termination, please refer to our set of rules in “Contract Period and Termination” in our Terms and Conditions (Part I), as well as in the respective specifications.
Last update: 12.05.2015