General terms and conditions
bluetronix Ltd - Lindenring 29a - 08315 Bernsbach,
-called in the following provider
� Conclusion of the contract and revocation
a) The contract comes off with the declaration of acceptance of the provider or the use of the service by the customer. The contract is concluded for an indefinite period.
b) End users can revoke the contract by written notification to the Provider with a period of 14 days to the end of the month. A refund of collected or transferred amounts is not possible. The Provider may terminate the contractual relationship at any time without giving reasons by giving 30 days' notice to the end of the month.
�1 Validity, modification of the conditions
(1) The Provider provides its services exclusively on the basis of these Terms and Conditions.
(2) Deviations from these terms and conditions are only effective if the Provider confirms them in writing.
(3) The Provider is entitled to change or amend these General Terms and Conditions at any time. The customer has the right to object to such a change. If the customer does not object to the amended conditions within 4 weeks of receipt of the notification of amendment, these shall become effective in accordance with the announcement.
�2 Scope of services
(1) The provider guarantees the availability of the server of 99% on an annual average. Excluded are times in which the accessibility due to technical or other problems, which are not within the sphere of influence of the Provider, force majeure and fault of third parties.
(2) Unless expressly agreed otherwise, the Provider may also have the services incumbent on him performed by competent employees or third parties.
�3 domain names
(1) If the customer registers a domain via the provider, the contract is concluded exclusively between the customer and the respective registry; the provider only acts as a representative of the customer. The conditions of the respective awarding authority apply.
(2) The Provider has no influence whatsoever on the allocation of the domain. He therefore does not guarantee that the domains requested for the customer can be allocated (delegated) at all and that they are free of rights of third parties or will continue to exist in the long run. This also applies to the subdomains assigned under the provider's domain.
(3) Should the customer be requested by a third party to surrender a domain because it allegedly infringes the rights of a third party, he will immediately inform the Provider thereof. In such a case, the Provider is entitled to renounce the Internet domain on behalf of the Customer.
(4) The customer hereby exempts the provider from claims for compensation by third parties based on the unauthorized use of an Internet domain.
�4 Obligations of the customer
(1) The customer may not violate legal prohibitions, morality and the rights of third parties (trademarks, name rights, copyrights, data protection rights, etc.) through the Internet presence. The customer may NOT deposit any erotic, radical or punishable contents on the servers. In the event of a breach of one of the aforementioned obligations, the Provider is entitled to suspend its services with immediate effect.
(2) The customer undertakes to make regular backup copies of his homepage.
(3) The Customer undertakes to keep the passwords received from the Provider strictly confidential.
(4) The customer undertakes not to misuse the access possibility to the provider services and to refrain from illegal actions (hacking, spam/mail bombing, port scanning). If the customer violates one or more of the above obligations, the provider is entitled to block the website / delete the website. Claims for damages are expressly reserved.
(5) The customer assures that the data provided is correct and complete. He undertakes to inform the Provider immediately of any changes to the data and to reconfirm the current accuracy within 15 days of receipt at the Provider's request. This concerns in particular, the name and postal address of the customer as well as his e-mail address.
(6) The customer undertakes to check the e-mail address deposited with the Provider for messages from the Provider at regular intervals of no more than four weeks.
(7) The customer independently commits himself to taking note of his monthly invoice in the bluetronix software. A postal delivery of the invoice must be requested by the customer in writing. A fee of EUR 2.50 per letter will be charged for delivery.
�5 Data transfer volume exceeded
(1) If the maximum amount of data transfer volume (traffic) for the respective month is reached, the website is not accessible until the end of the month. If the customer agrees, the website may continue to be accessible, and the amount due for the excess volume will be invoiced in accordance with the current price list.
(1) The customer can terminate the contract by written notice to the Provider with a period of 30 days to the end of the month. A refund of collected or transferred amounts is not possible. If the cancellation occurs within the first three months, we charge a handling fee of 19.95 euros.
�7 Prices and payment
(1) The Provider invoices his services on a monthly basis. Amounts below EUR 50.00 per month can be calculated half-yearly in advance. Invoices are due for payment within 14 days of invoicing. The Customer authorizes the Provider to collect the payments to be made by him from an account to be named by the Customer. In the case of return direct debits for which the customer is responsible, the Provider shall charge EUR 5.00 per direct debit.
(2) If the customer is more than 30 days in arrears with his due payments, the Provider is entitled to terminate the contract without notice.
(3) The Provider is entitled to increase the prices at any time. The customer is entitled to an extraordinary right of termination for the time when the new prices come into effect. If the customer does not exercise the right of termination, the contract will be continued with the new conditions.
(4) The Provider is entitled to register a domain only after payment of the fees agreed for the registration.
�8 Acceptance, retention of title
(1) If none of the contracting parties demands a formal acceptance or if the acceptance date requested by one party does not come about due to a circumstance for which the customer is not responsible, the Provider's contractual service shall be deemed accepted upon use by the customer.
(2) Until the complete payment of the purchase price, the entire delivered goods as well as the service provided remain the property of the Provider. If the customer is in arrears with payment, the Provider can, without prejudice to other rights, take back the delivered goods to secure its rights, if it has announced this to the customer and set him an appropriate grace period.
�9 License agreements, copyright
(1) The customer receives a non-exclusive right to use the software (license) from the provider for the duration of the contract.
�10 Rights of third parties
(1) The customer assures that the contents of his websites do not violate German law, in particular copyright, data protection and competition law.
(2) The Customer hereby indemnifies the Provider against claims for damages by third parties based on inadmissible contents of a Customer's website.
(1) The Provider points out that it is not possible according to the current state of the art to create hardware and software in this way or to protect it against manipulation by third parties. The Provider does not guarantee that hardware and software used by the Provider is free of crashes, errors and viruses.
(2) The software, in particular the CMS as well as additionally developed extensions, are developed with the greatest care, but nevertheless it is not possible according to the current state of the art to produce an absolutely error-free software. Nor can any warranty or guarantee be given that this software will work on every computer system, every environment and with every other program.
�12 Limitation of liability
(1) The Provider is liable for whatever legal reason only in accordance with the following provisions.
(2) Claims for damages due to the operational breakdown of an Internet server can be asserted up to the amount of one month's compensation, provided that this was caused by the Provider.
(3) The customer releases the provider also in the relationship from any claims of third parties, which are based on defects of the web offer.
(4) Liability for all other damage, in particular consequential damage, indirect damage, loss of profit or financial loss is excluded.
�13 Data protection
(1) The Provider points out that personal data is stored by the Provider for the duration of the contractual relationship. The customer agrees to the storage. The Provider will not pass on these data or the content of private messages of the Customer to third parties without the Customer's consent. Exceptions are state authorities, as well as the registration office of the domain name
(2) The Provider expressly points out to the Customer that data protection for data transmissions in open networks such as the Internet cannot be comprehensively guaranteed according to the current state of the art. Therefore, the customer himself is responsible for the security of the data he transmits to the Internet.
(3) The data transmission of the bank data as well as the credit card data is SSL (Secure Socket Layer) encoded.
With SSL encryption, the provider protects your personal data from unauthorized access. SSL is a protocol for the encryption of messages on the Internet that offers particularly high security during data transmission.
�14 Credit cards and direct debit
(1) Booking text for cardholders, On your credit card statement, a purchase made through our website is displayed as www.bluetronix.de, +49-3774-869596.
(2) Notice regarding a copy of the transaction data, a copy of the transactions can be retrieved at any time via the link in the confirmation email.
(3) Booking period, We do not charge any fees to the customer for payment by credit card. Your card will be debited immediately after purchase. The products will be delivered within 14 days.
�15 Online revocation instruction
(1) If the customer is a consumer and the contract was concluded exclusively using means of distance communication, the customer is entitled to the right of revocation described in this section.
(2) Your right of revocation: You may revoke your contractual declaration within two weeks in text form by letter, fax and e-mail without giving reasons. The period begins with the receipt of the access data for the web package. The timely dispatch of the notice of revocation within the aforementioned period is sufficient to comply with the revocation period. The revocation has to be sent to bluetronix Ltd, Lindenring 29a, 08315 Bernsbach, Germany.
(3) Please note the following instructions: Your right of withdrawal expires prematurely if bluetronix Ltd. has started to provide the service before the end of the withdrawal period. There is no right of revocation for the immediate registration of a domain according to customer requirements.
Furthermore, there is no right of revocation for customer-specific productions, especially for the integration of a template as well as for the execution of programming and web design services.
(1) The customer undertakes to indemnify the provider internally against any claims by third parties based on illegal actions by the customer or errors in the content of the information provided by the customer. This applies in particular to copyright, data protection and competition law infringements.
�17 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply.
(2) Place of jurisdiction is Chemnitz.
(3) The Provider may take legal action against the Customer or the place of business.
�18 Final provisions
(1) All declarations of the provider can be addressed to the customer electronically. This also applies to invoices within the framework of the contractual relationship.
(2) With the first access to a server of the provider on the part of the customer or with corresponding contract signature these conditions are considered as accepted.
(3) Should any provision of this contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The invalid provision or omission shall be replaced by a provision which comes close to the economic purpose of the agreement and which would have been agreed by the parties had they been aware of the invalidity of the provision.
Bernsbach 01. 01. 2020
bluetronix Ltd. Lindenring 29a 08315 Bernsbach - Local Court Chemnitz - HRB 23665 - Director Dipl.-Inf. (FH) Andre Oelschlägel