General terms and conditions

Table of contents

  1. Scope
  2. Services of the provider
  3. Performance
  4. changes
  5. Conclusion of contract
  6. Duties of the customer
  7. Compensation and terms of payment
  8. Contract duration and termination
  9. Liability
  10. &Amendment of the GTC
  11. Applicable law, place of jurisdiction

1) Scope

1.1 These General Terms and Conditions of Business (hereinafter referred to as GTC) of Nikolaos Vlassis (hereinafter referred to as Supplier) shall apply to all contracts concluded by an entrepreneur (hereinafter referred to as Customer) with the Supplier with regard to services provided by the Supplier on its website;These Terms and Conditions apply to all contracts that an entrepreneur (hereinafter referred to as the 'Customer') concludes with the Provider with regard to the services presented by the Provider on its website. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall also apply exclusively if the Provider performs the service for the Customer without any special reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from these GTC.

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1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the course of his commercial or independent professional activity.

2) Services of the provider

2.1 The provider provides services for making content available via the Internet. For this purpose, he provides the customer with system resources on a virtual server. The customer may store content on this server up to a certain extent. The exact scope results from the service description of the provider.

2.2 On the server, the contents are made available for retrieval via the Internet under an Internet domain assigned to the customer. The services of the provider in the transmission of data are limited solely to the data communication between the transfer point of the provider's 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 its own communication network. A successful forwarding of information from or to the computer requesting the content is therefore not owed in this respect.

2.3 The online service of the provider is offered subject to availability. A 100 per cent availability cannot be realised technically and can therefore not be guaranteed to the customer by the provider. However, the provider shall endeavour 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 of public communication networks, power outages, etc.) may result in the service being unavailable at all times.), may lead to disruptions or to the temporary shutdown of the service.

2.4 The Provider shall provide the aforementioned services with an overall availability of 100 %.

The availability is calculated on the basis of the time allotted to the respective calendar month in the contractual period, minus the maintenance periods. The Provider shall carry out the maintenance work, insofar as this is possible, during periods of low usage.

2.5 The contents of the storage space intended for the customer shall be backed up by the provider on a regular basis. Details on the frequency and procedure of the back-up can be found in the Provider's service description. The customer has no claim to the surrender of one of the backup media, but only to the return of the backed-up content to the server. 2.7 The Provider shall also procure the Internet domain(s) under which the Customer's content is to be made available. For this purpose, the customer shall name the Internet domain(s) desired by him. The Provider shall not assume any 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) with the Customer. If the desired domain(s) should no longer be available, the Provider shall notify the Customer thereof without delay and submit to the Customer up to three alternative proposals 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 of time set by the provider. If the customer allows the reasonable period of time set by the provider to expire fruitlessly, the provider shall be entitled to select a domain for the customer. The Provider shall not be responsible for obtaining rights to domains already registered for third parties by the competent registry. The integration of an external domain, which is administered by another provider, is not permitted. The provider shall register the domain in the name and for the account of the customer. Particularly in the selection of the domain name and the registry as well as in the negotiations on the conditions, the Provider shall independently safeguard the Customer's financial interests and use his expertise in the Customer's service. The supplier shall provide the customer with information and account for the status and progress of its undertakings in this matter at any time upon request. All rights and rights to the name acquired in the domain shall be held by the customer.

3) Performance changes

3.1 The provider reserves the right to change the services offered or to offer different services, unless this is unreasonable for the customer.

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3.2 In addition, the provider reserves the right to change the services offered or to offer different services,

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  • insofar as he is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgement or an authority decision directed against him;
  • insofar as the respective amendment is necessary to close existing security gaps;
  • if the change is only beneficial to the customer; or
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  • if the change is of a purely technical or procedural nature without any significant impact on the customer.

3.3 &Changes with only an insignificant influence on the services of the Provider do not constitute changes to services within the meaning of this clause. This applies in particular to changes of a purely graphical nature and mere changes to the arrangement of functions.

4) Conclusion of contract

4.1 The services described on the website of the Provider do not constitute 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 üvia the online order form provided on the website of the provider. In doing so, after entering his personal data, the customer submits a legally binding contractual offer with regard to the selected services by clicking the button that concludes the ordering process.

4.3 The supplier may 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 e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
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  • by requesting payment from the customer after the customer has placed an order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

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4.4 The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer.

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4.5 When submitting an offer via the provider's online order form, the text of the contract will be stored by the provider after the conclusion of the contract and communicated to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The supplier does not make the text of the contract accessible beyond this. If the customer has set up a user account for the provider's website before sending 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 providing the corresponding login data.

4.6 Before the binding submission of the order üvia the online order form of the provider, the customer can continuously ücorrect his entries via the üusual 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.

4.7 For the conclusion of the contract, only the German language is available.

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4.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him/her for order processing is correct, so that 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 by the provider to process the order can be delivered.

5) Obligations of the customer

5.1 The contents stored by the customer on the storage space intended for him may be protected by copyright and data protection law. The customer grants the provider the right to make the contents stored by him on the server accessible via the Internet in the event of queries, in particular to reproduce and transmit them for this purpose and to be able to reproduce them for the purpose of data backup. The customer shall be responsible for determining whether the use of personal data by him complies with data protection requirements. 5.4 In the event of an imminent or actual breach of the above obligations as well as in the event of the assertion of not obviously unfounded claims by third parties against the provider due to the content stored on the server, the provider shall be entitled to terminate the connection of this content, taking into account the legitimate interests of the customer;In the event of an imminent or actual breach of the above obligations and in the event of the assertion of not obviously unfounded claims by third parties against the provider on the basis of the content stored on the server, the provider shall be entitled to temporarily suspend the connection of this content to the Internet in whole or in part with immediate effect, taking into account the legitimate interests of the customer. The provider shall inform the customer immediately of this measure.

5.5 If programs, scripts etc. installed by the customer endanger or impair the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider, the provider may terminate the contract. If programs, scripts, etc. installed by the customer endanger or impair the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider, the provider may deactivate or uninstall these programs, scripts, etc.. If the elimination of the danger or impairment requires this, the provider is also entitled to interrupt the connection of the contents stored on the server to the Internet. The provider shall inform the customer of this measure without delay.

5.6 For access to the storage space intended for the customer, the customer shall receive 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 persons who have been authorised by the customer to access the storage space.

6) Remuneration and terms of payment

6.1 Unless otherwise stated in the offer of the supplier, the prices quoted are net prices which are subject to statutory value added tax.

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6.2 The remuneration for the services of the Provider shall 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 initial activation takes place, the remuneration for each day following the activation shall be 1/30 of the agreed amount.

6.3 The remuneration shall be debited monthly from the customer's bank account by direct debit. The customer shall grant the provider a direct debit mandate (SEPA) which can be revoked at any time. If the direct debit is not honoured 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 even though he is not entitled to do so, the customer shall bear the charges incurred by the respective credit institution due to the direct debit if he is responsible for this.

6.4 The provision of services by the provider is conditional upon the customer meeting his payment obligations on time. If the Customer is in default of payment of a not insignificant part of the remuneration owed for two consecutive months, the Provider may terminate the contractual relationship for good cause without observing a notice period.

7) Duration and termination of the contract

7.1 The contract shall be concluded for an indefinite period, but at least for a period of one year (minimum term). During the minimum term, the contract may be terminated with three months' notice to the end of the minimum term. If the contract is not terminated in due time, it shall be extended for a further year and can then be terminated again with three months' notice to the end of the respective contract term. 7.3 Cancellations must be made in writing or in text form (e.g. by e-mail).

8) Liability

8.1 The provider shall be liable for all contractual, customary and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1.1 The supplier shall be liable without limitation for any legal reason

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  • in the event of intent or gross negligence,
  • on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,.
  • because of mandatory liability such as under the Product Liability Act.

8.2 If the provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the above section. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the Customer may regularly rely on.

8.3 In all other respects, liability on the part of the Provider is excluded.

8.4 The foregoing liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.

9) Changes of the Terms and Conditions

9.1 The provider reserves the right to amend these GTC at any time without stating reasons, unless this is unreasonable for the customer. The provider shall notify the customer in good time in text form of any changes to the GTC. If the customer does not object to the validity of the new GTC within a period of four weeks after notification, the amended GTC shall be deemed accepted by the customer. In the notification, the provider shall inform the customer of his right to object and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original conditions.

9.2 The provider reserves the right to amend these GTC,

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  • insofar as he is obliged to do so due to a change in the legal situation;
  • insofar as he thereby complies with a court judgement or an authority decision directed against him;
  • to the extent that it introduces additional, entirely new services, services or service elements which require a service description in the GTC, unless the previous usage relationship is adversely changed as a result;
  • if the change is only beneficial to the customer; or
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  • if the change is purely technical or process-related, unless it has a significant impact on the customer.

9.3 The customer's right of termination pursuant to clause 7 shall remain unaffected by this.

10) Applicable law, place of jurisdiction

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the supplier. If the customer is domiciled outside the territory of the Federal Republic of Germany, the place of business of the provider shall be the exclusive place of jurisdiction for all disputes arising from this contract. In the aforementioned cases, however, the Provider shall in any case be entitled to bring the matter before the court at the Customer's registered office.

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