This general terms of contract exist in German as well as in English. In case of a difference between the formulation of both languages, only the German formulation is binding.
1. General, Scope of application
1.1
Greatnet.com (“Provider”) provides all deliveries and services based exclusively upon these General Terms of Business (“AGB”).
1.2
These General Terms of Business also apply to future business relations between the parties.
1.3
We are not accepting customer’s General Terms of Business that somewhat differ from our General Terms of Business, or which differ completely, except that we have given exclusive written permission. These General Terms of Business exclusive apply even if we acknowledge the different General Terms of Business of our customers and we did still provide without reservation our services.
1.4
Greatnet.com is entitled to change the contents of this contract with the customers consent, as long as these changes are within reason for the customer and as long as these changes are in no conflict of Greatnet.com´s interests. The consent to these contract changes has been given if the customer is not objecting to those within four weeks of receiving these changes via e-mail from Greatnet.com. Greatnet.com is obliged to inform the customer of the consequences of the failing to object to these sent changes.
2. Subject of the Agreement
2.1
Greatnet.com is obliged to guarantee the connection of the server to the net and to set up the server with the customer’s chosen configuration on the order.
2.2
Greatnet.com is obliged to arrange memory storage for the customer on the exclusively for the customer reserved server.
2.3
Greatnet.com is guaranteeing a 99% access to its servers for the year. Excluded are times at which the server cannot be accessed by Greatnet.com either due to technical or other problems or at times which cannot be influenced by Greatnet.com (Force Majeure, faults from third parties, etc.). Greatnet.com can limit the access to the services, as long as the safety of the net running, the maintenance of the net integrity, especially the avoidance of serious net interruptions, the software or the saved data these require.
2.4
The scope of service results from the at the time of the order valid customer information and order form.
2.5
If in the service description of the chosen tariff a certain memory capacity is mentioned, is this valid for the whole of the available memory storage of the server, according to the service description and is also being used for the saving of LogFiles, etc.
2.6
Should there be a defect of the hardware will the provider guarantee a free of charge replacement within four hours of service opening times and after the customer reported the defect. The installation of an operating system and a possible enlargement and a resaving of data, etc. is not part of the hard ware replacement guarantee and are therefore not valid for the reaction time. Should the provider overstep the guaranteed dead line will Greatnet.com reimburse the customer per started 60 minutes one day’s rent. One day’s rent account for 1/30 of one month’s rent. The maximum credit note equals a full month’s rent. The customer receives throughout the whole running time a warranty for the hard ware.
If third parties accredit, that contents of an online presence or of a domain violate their rights, or if it seems so likely because of impartial clues, Greatnet.com can block the online presence, as long as the infringement or the conflict with the third party about the infringement lasts.
3. Payment
3.1
The customer’s payment values to Greatnet.com and the accounting period result from the service description of the from the customer’s chosen tariff. The money considerations are due in advance, before issuing of invoice.
3.2
Invoicing will be done exclusively online. The customer exclusively agrees that he will not receive any postal invoices. However, if the customer should demand postal invoicing is the provider entitled to charge therefore 3,20 $ per invoice.
In case of an objection against the collection of a credit card, the provider is entitled to charge the customer the arising credit card fees in the amount of 60,00 $, if the customer doesn´t accredit the entitled objection. In this case the customer receives an application for payment by e-mail, which contains this administration charge.
If payments are outstanding the provider is entitled to cancel the server.
3.3
The customer is giving the provider the permission to debit one of the customer’s stated credit card with the outstanding amounts, as long as nothing else has been agreed upon. For this the customer has to state his credit card data while ordering. The customer has to ensure sufficient cover of his credit card limit. The costs for credit card back posting, as well as arising costs for dunning procedures have to be taken by the customer. At credit card payment the customer is bound to inform the provider of his new card details immediately, so that a correct credit card booking can be assured.
3.4
The provider is entitled to increase payments within reason. In each case is a yearly increase of 5% within reason. This payment increase has to be agreed upon by the customer. The customer’s permission is given if the customer is not objecting within one month of receiving these changes.
3.5
Greatnet.com is offering technical support to the customer on weekdays from 8:00 am – 5:00 pm. During this time is free of charge e-mail support and telephone support from T-Com available.
3.6
If the customer’s usage of the support is proven to be due to faulty services provided from Greatnet.com will this service be reimbursed by Greatnet.com without any additional compensation. Should the fault not lay with Greatnet.com the customer is obliged to pay the additional labour. Payments of 49,00 $ per started ¼ hour will become due. For labour outside office opening times 69,00 $ per started ¼ hour will become due.
3.7
A necessary reboot can be done by the customer via “web re-setter”. Should therewith an error occur and a technician needs to be called are payments as according to section 3.6 become due.
4. Notice / Contract Duration
4.1
The contract duration is 1 month and extends automatically to the contract duration. This is not valid if separate terms have been agreed upon with the customer.
Greatnet.com is entitled to cancel the contract without giving reasons with a one month’s period at the end of the calendar month. The customer is also entitled to terminate the contract with a one month’s period before the running out of the contract duration at the end of the calendar month. All charges of already delivered services before the coming into effect of the notice are to be paid by the customer.
4.2
Unrestricted remains the right of both parties to terminate the contract without notice due to important reasons. Greatnet.com considers important reasons to be:
- in case of late payments or any other breach of the customer’s duties arising from the service agreement and the relating terms of business
- in case of punishable espionage or manipulation of the provider’s data or other provider’s customers through the customer
- in case of any kind of violation of legal prohibitions, especially the breach of legal competition, legal names, legal data protection, or legal copyrighting regulations, publishing illegal contents, such as radical, racial or of national socialism nature
- in case of obvious and serious contract or legal breaches, for instance the saving or preparation of contents according to §4 of the youth media governmental protection act, or obvious protected trade mark software, or audio visual contents (music, videos, etc.)
4.3
Each notice needs to be given in writing in order to become effective, this has to be done either by fax or by post. Notices received by e-mail or telephone have no validity and will not be accepted. After the provider received the correct notice and has processed the notice will the provider send a notice confirmation to the customer by e-mail.
In case of an incorrectly received notice will the provider inform the customer of the incorrect notice and in this case a newly written and correct notice (via post or fax) has to be given by the customer. In order to avoid further mistakes will Greatnet.com provide the customer with the relevant notice form.
Should an adequate corrected notice not been received from the customer within 7 days is Greatnet.com entitled to shut down the server without any further warnings, to erase the relevant data and to newly allocate the server.
5. General Customer Duties
5.1
The customer is responsible for all contents that he keeps available or is saving on the server. The customer is furthermore responsible for the compliances with the legal and contractual regulations and also for the behaviour of third parties that are acting on his behalf, especially performing assistants. This also applies for all other third parties, which he knowingly supplied with access data for the provider’s services. The provider is not obliged to check the customer’s server for possible violations of laws.
5.2
The customer is obliged to keep the passwords he received from the provider in order to gain access at a strict secret and to inform the provider as soon as he gains knowledge of unauthorised third parties knowing these passwords.
5.3
The customer guarantees that the data he has given to Greatnet.com is complete and true. He is obliged to inform the provider immediately of any changes of all data. This especially applies to:
- Customer´s name and postal address
- In case of companies the legal representative
- Name, postal address, e-mail address, telephone and fax number of the technical contact person responsible for the server
- Name, postal address, e-mail address, telephone and fax number of the administrational contact person responsible for the server
5.4
The customer is obliged to inform the provider immediately and completely in case of any court, or out of court actions that have been brought upon him due to the usage of the contractual services.
5.5
The customer is obliged to regularly safe all of his used data and software settings himself. The customer has to safe his data before he arranges any changes and also before the provider’s maintenance work as long as these have been announced in advance by the provider. The by the customer done back up copies are under no circumstances to be saved on the server.
5.6
The customer is obliged without being given exclusive permission of the relevant receiver not to send or to let send any e-mails that contain commercials. This especially applies to e-mails with the same contents that are being distributed in masses (so called “spamming”). If the customer breaches these duties is the provider entitled to immediately block the server. The from the server retrievable contents, saved data, inserted banners and the key words used in searching tools are not to breach legal bans, the good customs or rights of third parties (especially trade names and copyrights). The customer is exclusively not allowed to offer or to let offer pornographic contents and services that are set to make profits, which contain pornographic and/or erotic contents. This even applies for contents that are not stored on the provider’s server and which can only be accessed via a provider’s domain, sub domain or any other kind of redirection. For each case of violation against any of the above mentioned duties promises the customer to pay Greatnet.com a contractual penalty of 7.000,-- $ (in wording: seven thousand DOLLARS) and under the exclusion of the acceptance of a continuous connection.
6. Liability Clause / Compensation Claims
6.1
Compensation claims due to the impossibility of the service, positive claims violation, faults at contract closure and prohibited actions are excluded both against the provider and against the provider’s execution and performance assistances, as far as there are no deliberate and negligent actions.
6.2
Compensation claims due to operational failures of an internet server can be claimed up to the amount of one monthly charge of the rented server starting for a failure duration longer than 72 hours (at once (without interruption)). Should assets damages be asserted so are these to be proven and after examination could these be reimbursed of up to 590,00 $.
6.3
The user himself is responsible for the securing of the user’s data (creating a local back up) that is stored on the provider’s server. The provider is taking no liability for occurred damages for data that is stored on the server
7. Service Interruptions
7.1
The provider is only responsible for service interruptions as long as these relate to the services to be carried out by the provider, as described in section 7.3. Especially for the functioning of the actual internet presence of the customer’s existing and stored data (i.e. HTML data, flash data, scripts, etc.) on the server is the provider not responsible, as long as the non-functioning is not based on an error of the services that need carrying out according to section 10.1.
7.2
The provider has to immediately resolve interruptions within reason of his technical and operational possibilities. The customer is obliged to immediately inform the provider of known interruptions (“Stoerungsmeldung” / “Interruption Notification”). If the interruption is not fixed within a reasonable time frame is the customer requested to give the provider an additional dead line that is within reason. Should the interruption not be fixed with the additional dead line has the customer the right for a reimbursement of the to him occurred damages according to section 6.
7.3
Should the functioning of the server be influenced due to non contractual contents or due to the usage beyond the contract is the customer not entitled to claim his rights for these kinds of interruptions. In case of Force Majeure is the provider not liable for service duties. This especially applies to legal strikes, also at third party’s companies and official actions as long as these are not at fault of the provider.
8. Data Protection
8.1
We are pointing out that personal related data will be saved in accordance to the contract implementation.
8.2
The customer is aware that the data stored on the server can technically at anytime be viewed by the provider. Furthermore could it theoretically be possible that the customer’s data could during data transmission over the internet be viewed by unauthorised third parties.
9. Final Definitions
9.1
Place of performance is Hausham, Germany. The jurisdiction for any kind of claims of arising disputes between the contract parties based upon their contractual relation, especially over the coming about, the processing or the termination of the contract is, as far as the customer is a business man, is a legal representative of public rights, or is a representative of legal public fund assets, is Miesbach, Germany. The provider may also sue the customer at the customer’s general jurisdiction.
9.2
For the from the provider closed contracts based upon these General Terms of Business and the therefore resulting claims of any kind, apply exclusively the rights of the German Federal Republic under the exclusion of regulation for the common UN purchase act and the contract for the sale of goods (CISG).
9.3
The contract parties agree that the contents of these General Terms of Business are guarded by fax and not by e-mail.
9.4
Should certain regulations of these General Terms of Business and/or the contract be or become ineffective is this not effecting the remaining regulations. The contract parties are obliged instead of an ineffective regulation to agree upon an effective regulation, whose economical success is as close as possible to the ineffective regulation.
10. Closing of a Contract / Right of Revocation
10.1
A contract about the provider’s service usage is coming into action with the provider’s confirmation of the ordered services through the order form. The customer exclusively states that by the sending of his order has he reached his 18th birthday and that he has full legal capacities.
10.2
Should you be a private individual can you withdraw your contract statement within two weeks without giving any reasons. The dead line for the cancellation begins with Greatnet.com´s handing over of this cancellation instruction and with the customer’s receipt of this cancellation instruction but at the latest at the receipt of the order at Greatnet.com. The revocation has to be in writing to:
Greatnet.com
Mr. Marco Frazzetta / Mr. Oliver Lindner
Brentenstr. 4a, 83734 - Hausham, Germany
Fax: +49 (0) 8026/ 92860-73
The ordering person’s right of revocation is void earlier, if the service execution in exclusive accordance with the ordering person (see ordering form) has started before the running out of the dead line of the revocation (i.e. setting up of the server), which the ordering person arranged for himself, or if the ordering person has already used the provided services (server).
