General Terms and Conditions of Business

1. General

a) These General Terms and Conditions apply to all contracts with centron GmbH.

b) Any conflicting terms and conditions of the customer are expressly contradicted. These do not affect the validity of centron GmbH’s general terms and conditions. The terms and conditions of centron GmbH are expressly recognized upon conclusion of the contract.

2. Right of withdrawal for consumers in distance contracts

a) If the customer is a consumer and has commissioned the services of centron GmbH using only telecommunications means, he is entitled to a right of withdrawal in accordance with the following provisions.

b) Right of withdrawal for consumers: You have the right to withdraw from this contract within 14 days without giving a reason. The cancellation period is 14 days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us

centron GmbH, Heganger 29, 96103 Hallstadt
Telephone 0951/96834-0
Fax 0951/96834-29
E-mail: info@centron.de

by means of a clear statement (e.g. a sent letter, fax or e-mail) about your decision to withdraw from this contract. You can use the sample cancellation form that can be downloaded here, but it is not mandatory. To meet the cancellation deadline, it is sufficient if you send the communication about exercising your right of cancellation before the cancellation period has expired.

 

Consequences of the revocation:
If you revoke this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from you having chosen a different type of delivery than the cheapest standard delivery offered by us ), immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount in relation to the proportion of the services already rendered up to the point at which you informed us of the exercise of the right of cancellation with regard to this contract corresponds to the total scope of the services provided for in the contract plus the setup fee.

3. Services

a) The services of centron GmbH are provided to the customer to the best of their knowledge and belief.

b) centron GmbH reserves the right to change or expand the performance specifications to the extent that this is necessary for improvement and/or the technical development enables and/or requires it. The contractually owed services are provided independently of this to the agreed extent. Such changes do not constitute a change in the contract and do not require the centron GmbH General Terms and Conditions to be included again. centron GmbH will only make such changes if they are reasonable for the customer. The interests of centron GmbH and other potentially affected information service providers must be taken into account in the reasonableness test.

c) If centron GmbH provides services free of charge, these are voluntary services that centron GmbH is not contractually obliged to provide. The services can be discontinued at any time without giving reasons. There is no legal entitlement to the provision of free services.

d) If the customer provides his own computer at centron GmbH (server housing), the customer himself is responsible for the operation and maintenance of his computer in cases where no other written agreements have been made. The services required for this are not included in the contractually owed services of centron GmbH. In the event of a disruption in the technical operation of their own computer, the customer will deposit a sealed envelope with the access passwords at centron GmbH. centron GmbH will only open the envelope with the passwords and use them in emergencies or at the express request of the customer. The customer agrees to this procedure.

e) centron GmbH is also entitled to have qualified third parties perform the services it is responsible for. These do not become contractual partners of the customer.

f) If centron GmbH is unable to provide the service it owes in full for more than three consecutive calendar days, the customer will receive a reimbursement of 5% of the monthly payment owed for each additional calendar day started, but no more than 50%.

g) The detailed scope of centron GmbH’s “Managing and Service” service can be found in centron GmbH’s service certificate. This service certificate will be communicated to the customer upon request.

4. Domain Service

a) When registering domains, centron GmbH only acts as an intermediary between DENIC eG or another registry for domains and the customer. The domains are registered in the customer’s name.

b) centron GmbH is not responsible for the successful registration, ie the actual registration of the desired domain. centron GmbH has no influence on the allocation practice of DENIC eG or other allocation bodies. Therefore, after the domain registration, it cannot influence whether the customer is actually assigned the requested domain. Allocation is made solely between DENIC eG and the customer.

c) Before registering, the customer is obliged to check whether the registration and/or intended use of the domain infringes the rights of third parties or general laws (e.g. by querying the registers at the German Patent and Trademark Office and the IHK or via a commercial research service). The customer assures centron GmbH that this check has not revealed any indications of a violation of the rights of third parties or of general laws. The customer’s obligation to check also exists for the time after the registration of the domain. Therefore, when commissioning centron GmbH to register the domain, the customer expressly declares that the desired domain does not violate the rights of any third parties and does not violate general laws.

5. Copyright, Third Party Disputes

a) If third parties make claims against centron GmbH for possible violations of the law resulting from the registration and/or use of the registered domain, the customer is obliged to indemnify centron GmbH from any liability and to reimburse centron GmbH for the costs incurred arise as a result of the claim. This applies in particular to claims arising from trademark and competition law.

b) The customer also undertakes towards centron GmbH to inform centron GmbH immediately in the event of both extrajudicial and judicial disputes in connection with the domain registered and delegated by centron GmbH. This applies in particular if the customer is accused of violating the rights of third parties as a result of this use. In this case, centron GmbH is authorized to waive the disputed domain on behalf of the customer or to block it in whole or in part until the allegations for access by third parties have been clarified. This applies in particular to the point in time after the conclusion of the contract but before or during the performance of the contractually owed services. centron GmbH will decide how to proceed with the domain on a case-by-case basis at its discretion.

c) The indemnification obligation because of the costs includes in particular the obligation to indemnify centron GmbH from necessary legal defense costs (e.g. court and attorney’s fees). Otherwise the customer of centron GmbH has to provide security in the amount of the expected costs; the security is at least €5,000.00.

d) The aforementioned provisions also apply expressly to disputes based on the content available under the domain, in particular in the case of copyright infringement.

e) If the customer is offered an address “below” a centron GmbH domain (sub-domain and/or sub-directory), the aforementioned regulations apply accordingly.

6. Conclusion of Contract, Term, Termination

a) The contract between centron GmbH and the customer only comes into existence when centron GmbH accepts the customer application/order.

b) centron GmbH has the right to reject customer applications/orders without justification.

c) The contract period begins when the access data is sent to the customer, but no later than four weeks after centron GmbH has received the order. The contractually agreed remuneration is also calculated from this point in time. However, if license costs are contractually owed by the customer, the calculation period for all contractually owed license costs begins on the day centron accepts the order, but no later than on the date the software is installed.

d) The term of the contracts is based on the periods specified in the contract document. Unless otherwise agreed, the contracts are tacitly extended by the term agreed in the contract document, unless one of the parties terminates the contract in compliance with the following deadlines.

1-month term: termination one week before the end of the term
3-month term: termination two weeks before the end of the term
6-month term: termination one month before the end of the term
12-month term: termination three months before the end of the term
24-month term and more: termination six months before the end of the term

e) Both parties can terminate the contract without giving reasons with the previously specified period, calculated from the receipt of the notice of termination by the other party, unless otherwise agreed in the respective contract. The right to termination for important reasons remains unaffected.

f) An important reason for a termination by centron GmbH is, among other things, if

• the customer is more than two weeks in arrears with the payments owed,
• the customer violates the obligations assumed in clauses 4 c), 5 b), 9 b), c), d), h) k),
• the customer violates legal prohibitions, in particular the violation of copyright, competition law, naming law or data protection regulations,
• the customer continues other breaches of contract despite a warning from centron GmbH.

7. Privacy

a) Customer data (name, address, e-mail address and telephone number of the IP address user) are only collected and stored by centron GmbH in accordance with the legal requirements to the extent that this is necessary for the execution of the contractual relationship. If necessary, the data will also be passed on to the bodies that have to be used to register the domain. This also includes the publication of the data technically and legally necessary for domain registration in the public DENIC register, which is published there as part of the DENIC query service. This also applies to all other domain administration offices that have to be commissioned to register or administer a domain name. Furthermore, if necessary,

b) In addition, centron GmbH uses the data to inform customers on their own behalf, in particular to notify them about new services, etc. centron GmbH has obtained the customer’s consent for this. The customer can revoke this consent at any time. There is no further use of the data.

8. Liability

a) centron GmbH is not liable for disruptions that lead to errors in technical operation and damage that was not caused by centron GmbH. In such cases, centron GmbH endeavors to restore the technically smooth process as far as possible.

b) The customer is entitled to display other companies or their goods and services on the web server. However, the provider reserves the right to object to such third-party presentations if its own interests are affected. Such a conflict of interests exists above all when competitors are to be presented. The customer is liable for the content and the representations of these third-party presentations.

c) centron GmbH is liable for damage resulting from injury to life, limb or health that is based on a negligent breach of duty by centron GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent.

d) For the rest, centron GmbH is only liable insofar as it has breached an essential contractual obligation. Essential contractual obligations are those obligations that are of particular importance for the achievement of the contractual objective, as well as all those obligations which, in the event of a culpable breach, could endanger the achievement of the contractual objective. In these cases, liability is limited to compensation for the foreseeable, typically occurring damage. Moreover, liability is excluded.

f) centron GmbH is not liable for failures of systems or network services if they were not caused by centron GmbH, even if this involves regular (maintenance) work on devices. This also applies to installing software updates.

9. Customer Obligations under the Contract

a) The customer is obliged to pay the fees specified in the contract for the services provided by centron GmbH. Unless expressly agreed otherwise, all agreed flat rates are to be paid monthly in advance. Consumption-dependent services are billed monthly in the following month and are due for payment one week after receipt of the invoice. This also applies to remuneration arising from authorized or unauthorized use by third parties of the access and use options made available to the customer.

b) The customer undertakes to clearly identify all content published on his website as his own (this can be done in the imprint). The customer is responsible for the necessary statutory mandatory content of an imprint. centron GmbH shall be indemnified by the customer from all claims resulting from a violation of these legal requirements.

c) The content stored on the computer systems of centron GmbH must not contain any information offerings with illegal content or refer to such. This includes, in particular, information and representations that

• incite racial hatred or describe cruel or otherwise inhuman acts of violence against people in a way that expresses a glorification or trivialization of such acts of violence or that depict the cruel or inhuman nature of the event in a way that violates human dignity (§ 131 StGB),
• glorify the war
• Violence involving the sexual abuse of children or sexual acts by people with animals (Section 184 (3) of the Criminal Code),
• Infringe the copyrights of third parties, especially in the area of ​​music and video.

d) Other pornographic content and/or advertising for this is only permitted with the prior written consent of centron GmbH. In any case, appropriate technical precautions must be taken to prevent transmission to or access by minors. This also applies to content that falls under the law on the protection against writings harmful to young people or is obviously likely to seriously endanger children or young people morally or to impair their well-being.

e) Content relating to services or goods for which a special business license is required under general law may only be posted if the customer is in possession of a valid license for this. Upon request, centron GmbH must be presented with this permit and its possession must be confirmed in writing.

f) The customer assures centron GmbH that the data provided was correct and complete. If there are changes to this inventory data, the customer is obliged to send the corrected new data to centron GmbH immediately.

g) The customer is obliged to treat all passwords transmitted to him for the fulfillment and use of the contract as strictly confidential. If damage occurs as a result of the use of the passwords by third parties, the customer is obliged to compensate for this damage. The customer expressly indemnifies centron GmbH against third-party claims that are asserted due to the passing on of the passwords.

h) Rules for sending e-mails, contractual penalty: The customer expressly undertakes to centron GmbH not to send any e-mails to third parties who have not previously consented to their receipt or whose consent to their receipt cannot otherwise be assumed (e.g. by previous business relationship). This applies in particular to the sending of emails with a large number of addressees, so-called “spamming” (or “spam mail” or “junk mail”). This also applies to sending such mass mails in chats and/or discussion forums. The customer owes centron GmbH a contractual penalty of €5,100.00 for each individual violation of this obligation, excluding the assumption of a continuation.

i) The customer is free to create a backup of the data he uses and/or requires on an external storage medium. The data backup must not be stored on the web server itself, so that in the event of data loss, the original status can be restored with as little effort as possible.

j) It is not permitted to offer programs, video and audio files for download without the prior written consent of centron GmbH. centron GmbH will agree to such an offer if it only serves to illustrate the customer’s website. The customer must also ensure – in particular by complying with recognized technical standards – that the network infrastructure of parts of it is not overloaded by excessive use.

k) The customer undertakes to reimburse centron GmbH for material and personnel expenses and expenses incurred as a result of breaching contractual obligations.

l) The customer undertakes to keep his web applications stored on the servers of centron GmbH up to date in order to avert any security risks and not to endanger the servers and infrastructure. centron GmbH is entitled to deactivate corresponding applications if the customer does not update the web applications when requested. This also applies to open ports, etc. If a customer system is the target of a DDoS attack, centron is entitled to put the attacked IPs or IT devices offline for the duration of the attack in order to ensure that other systems and the data center can be reached.

m) If the customer independently makes changes to the servers of centron GmbH (managed, v, root, etc.) and these lead to irregular behavior or a failure of the server, the services to be carried out by centron GmbH are to rectify the errors and the repair of the server are not included in the scope of “Managed Services” and are always subject to a charge. These services will be invoiced to the customer by centron GmbH.

n) Server hardware and the software installed on it are renewed by centron GmbH at irregular intervals (relocation to new servers) to ensure smooth and fail-safe operation. This renewal usually takes place every 3 to 5 years. The customer is obliged to actively participate in such a move to new server hardware and the associated new software used.

10. Rights of Control, Blocking of the Domain

a) centron GmbH will randomly call up the websites posted by the customer at irregular intervals and, if there is reasonable suspicion of a possible violation, immediately warn the customer about this violation. centron GmbH reserves the right to extraordinarily terminate the contract if the latter does not immediately comply with the request for removal or is unable to demonstrate/prove legality. In this case, the customer’s domain registered by centron GmbH will be blocked until final clarification.

b) The above regulations apply accordingly if centron GmbH is made aware of violations by third parties.

c) centron GmbH operates a virus and spam filter on various servers. Among other things, these automatic services check incoming and outgoing emails for suspicious and dangerous content (viruses, worms, Trojans, etc.). This automation deletes e-mails when dangerous content is detected and thus prevents the e-mails from being delivered. There is no further notification. Furthermore, centron GmbH does not view e-mails, so that compliance with data protection regulations is guaranteed. centron GmbH does not guarantee the completeness of the check by the automation mentioned.

11. Governing Law, Place of Jurisdiction

a) The law of the Federal Republic of Germany applicable to legal relationships between domestic parties applies exclusively to all legal relationships between centron GmbH and the customer.

b) The exclusive place of jurisdiction for all disputes arising from the contractual relationship or the content of the contractual relationship is – insofar as the customer is not a consumer – the registered office of centron GmbH.

12. Final Provisions

a) Any changes, additions and the partial or total cancellation of the contract must be in writing. This also applies to the waiver of the written form requirement. The text form is sufficient for terminations or comparable declarations by consumers.

b) To resolve a dispute arising from a closed online contractual relationship between centron GmbH and a customer who is a consumer, the customer can use the online dispute resolution platform set up by the European Commission: http://ec.europa.eu/ consumers/odr .

c) If individual provisions of these General Terms and Conditions are or become invalid or unenforceable, the validity and validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the parties will agree on an effective and enforceable provision, taking due account of the mutual economic interests. The same applies in the case of a gap. § 313 BGB remains unaffected.