General terms and conditions
1. Terms of contract
Novinet Internet GmbH – hereinafter referred to as the Provider – provides services exclusively on the basis of these Terms and Conditions.
2. Conclusion of the contract
The contract is concluded when the customer has completely filled out and sent the order form of the provider, or has placed an order by telephone. Furthermore, an order can be placed by a third party with credible verification.
3. Right of revocation
3.1 The customer has the right to revoke the contract without giving reasons within two weeks after conclusion of the contract. The revocation must contain the complete address data as well as a handwritten signature of the customer and is only effective in written form. The revocation period begins with the sending of the order and the receipt of the revocation notice contained therein. The timely dispatch or date of the postmark shall be sufficient to comply with the revocation time limit. In the event of an effective revocation, both parties shall return the services rendered.
3.2 The right of revocation shall expire prematurely if the provider, with the express consent of the customer, has commenced the performance of the ordered service (e.g. domain registration) or the customer himself has made use of the service (e.g. use of the web space account) before the expiry of the deadline.
4. Scope of Services and Obligations of the Provider
4.1 The provider offers the customer access to the existing communications infrastructure, the provision of storage space on a web server. Details and scope of services are conclusively set out in the offer description on the novinet.ch website.
4.2 Insofar as the Provider provides additional services and performances free of charge outside the contractual agreement, these may be discontinued at any time. A reduction or compensation claim of the Customer or a right of termination does not arise from this.
4.3 The Provider shall be entitled to change, reduce or supplement the range of services resulting from the contract and to suspend access to individual services if and to the extent that the fulfillment of the purpose of the contract concluded with the Customer is not or not significantly impaired thereby.
5. Duties and obligations of the customer
5.1 The Customer is obligated to use the Provider’s services properly. In particular, he is obliged;
a) to inform the provider immediately about changes in the contractual basis;
b) not to misuse the access possibilities to the services of the Provider and to refrain from illegal and/or unlawful actions;
c) to ensure compliance with legal regulations and official requirements, if these are currently relevant or will be relevant in the future;
d) to take into account the applicable provisions of data protection and the recognized principles of data security and to comply with them;
e) to avoid an excessive load on the server by scripts or programs which require high computing power or an above-average amount of RAM;
f) not to misuse the web space for P2P file sharing, download services, streaming services and as pure online or backup storage;
g) to immediately report defects or damages recognizable to the Provider (fault reports) and to take all measures that enable the determination of the defects or damages and their causes or to facilitate and accelerate the elimination of the fault;
5.2 If the Customer violates the obligations specified in paragraphs 1.b) and 1.c), the Provider shall be entitled to terminate the contractual relationship without notice immediately and in the other cases after unsuccessful warning.
5.3 In the cases of paragraph 1.c), the Provider shall be entitled, in addition to the right to terminate without notice, to block access to the services resulting from the scope of services with immediate effect upon becoming aware of a violation of the Customer in the manner set forth therein.
6 Use by third parties
6.1 Direct or immediate use and transfer of the Provider Services to third parties is not permitted. The customer may use the services exclusively for his own purposes. Furthermore, in such a case, the Provider shall be entitled to immediately block the Customer’s web space and domain until the Customer has excluded the third party users of the Provider Services.
6.2 In case of unauthorized use of the services by third parties, the Customer must prove that the unauthorized use was caused by a circumvention or cancellation of the Provider’s security devices without the Customer being responsible for it.
7. Domain names
In the registration and maintenance of domain names, the provider acts only as an intermediary between the customer and the respective domain allocation authority (NIC). The provider has no influence on the domain allocation and does not guarantee availability and successful allocation. For the registration of domain names, the terms and conditions of the respective domain registry apply. These can be viewed at the domain registry and can be sent to the customer by the provider upon request.
8. Terms of payment
The provider invoices the customer for the agreed services at the respective valid rates and conditions. Payment is made annually in advance. The respective fees are due for immediate payment without deduction upon issuance of the invoice. The charged amount must be credited to the account of the provider within 14 days after receipt of the invoice.
9. Default of payment
9.1 The provider may terminate the contractual relationship without notice or assert a right of retention to the services incumbent upon it – in particular interrupt the retrieval of the domains or the line connection of the customer – if the customer is in default with the payment of the amounts owed in whole or in part for more than 14 days, and the provider has reminded the customer by setting a deadline and has pointed out the possible following termination and the right of retention.
9.2 The Provider reserves the right to assert further legal claims.
10.1 The minimum contract period is 1 year (12 months) and shall be extended by a further year if the customer fails to give one month’s notice of termination before the end of the contract.
10.2 Cancellations must be made in writing or by fax to be effective.
11. Availability of the services
The provider offers its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance work shall be announced as early as possible. The provider will eliminate malfunctions of its technical facilities as quickly as possible and at a time convenient for the customer, for example at night, within the framework of the existing technical and operational possibilities. There is no agreed time for maintenance work.
12 Liability and Limitations of Liability
The provider does not guarantee the trouble-free functioning of the services. The provider is not liable for data loss, the customer is responsible for the backup of his data. In case of breach of contract, the provider is only liable for intentional or grossly negligent damage. The liability is limited to the direct damage or up to the equivalent value of the purchased service. In no case the provider is liable for consequential damages (e.g. loss of profit).
13. Data Protection
The customer is hereby informed in accordance with § 33 paragraph 1 of the Federal Data Protection Act (BDSG) that the provider processes personal data in machine-readable form and for tasks arising from the contract.
14. Final Provisions
14.1 The place of performance for all contractual services shall be the provider’s registered office in Neuss (Neuss am Rhein) in the Federal Republic of Germany.
14.2 Contracts concluded on the basis of these General Terms and Conditions shall be governed exclusively by German law.
14.3 The Provider’s registered office shall be the place of jurisdiction for all disputes arising from this contractual relationship with fully commercial customers. This shall also apply to legal entities under public law or special funds under public law. However, the provider is also entitled to sue at the customer’s place of residence.
15. Severability clause
Should one or more of the above provisions be invalid, the validity of the remaining provisions shall not be affected. This shall also apply if one part of a provision is invalid but another part is valid. The respective invalid provision shall be replaced by the parties with a provision which comes closest to the economic interests of the contracting parties and which does not conflict with the remaining contractual agreements.