The Terms and Conditions have been translated from German for your convenience. Should there be any deviations in the translation the German version shall apply. 1. Scope In the event of a contractual infringement (in particular the above-mentioned points) the customer shall reimburse sitorix for the material and personnel expenses as well as incurred expenses. because the required storage or transmission of data by sitorix has not occurred, limited to the amount of the proven, foreseeable damage.
The following general terms and conditions (GTC) apply to all services provided by sitorix GmbH hereinafter referred to as sitorix. The decisive factor is always the version valid at the time of conclusion of the contract.
Deviating, conflicting or supplementary terms and conditions of the customer, even if known, are not part of the contract unless their validity is expressly agreed upon.
sitorix has the right to change the content of this contract with the consent of the customer, provided that the change, taking into account the interests of sitorix, is reasonable for the customer. The agreement to change the contract will be considered granted unless the customer objects to the change within 4 weeks after receiving the notification of change. sitorix is committed to inform the customer with the notification of change, on the consequences of a rejection.
The different top-level domains are administered by a large number of different, mostly national organizations. Each of these domain-assigning organizations has different conditions for the registration and management of their top-level domains, the associated sub-level domains, and how they handle domain disputes. Insofar as top-level domains are part of the contract, the corresponding terms and conditions apply as well. To the extent that .de domains are part of the contract, the DENIC domain guidelines apply in addition to the DENIC domain conditions.
sitorix may transfer its rights and obligations under this contract to one or more third parties. The customer has in this case the right to terminate the contract without notice.
2. Conclusion of the contract
The customer declares a binding contract offer with the order. After receipt of the offer by sitorix, the customer is bound to his offer for 14 days.
The contract is concluded when sitorix has confirmed the acceptance of the contract within 14 working days or begins the actual execution of the service.
sitorix offers are always non-binding. sitorix can make the conclusion of the contract dependent on the presentation of a power of attorney in writing or an advance payment.
sitorix reserves the right to carry out a credit check with an information service (eg Schufa) and to reject the customer on the basis of this result.
In the event that sitorix can not continue to register a customer's domain in accordance with the conditions of the respective top-level domain registry, sitorix is entitled to extraordinarily terminate the contract with the customer for this service with a notification period of 14 days.
When submitting an offer via the online order form of the provider, the contract text will be stored by the provider after conclusion of the contract and sent to the customer after sending his order in text form (eg e-mail, fax or letter). An additional accessibility of the contract by the provider is not.
Before the order is placed via the providers online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the provider can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the provider or by third parties commissioned with the order processing can be delivered.
3. Instructions on revocation
Right of revocation
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the date of the contract.
To exercise your right of withdrawal, you have to notify us (sitorix GmbH, Doggenburgstr. 4, DE-70193 Stuttgart, Tel.: +49 (0)711 400407-40, Fax: +49 (0)711 400407-42, E-mail: firstname.lastname@example.org) by means of a clear statement (for example, a letter sent by post, fax or E-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. In order to maintain the revocation period, it is sufficient to send the notification of revocation before the revocation period expires.
Consequences of the revocation
If you withdraw from this contract, we shall return all payments we have received from you, including delivery charges (except for additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) immediately and at the latest within fourteen days from the date on which the notification of your revocation has reached us.
For this repayment, we will use the same payment method that you used in the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this repayment.
If you have requested that the services be commenced during the period of revocation, you have to pay us a reasonable amount, that equals the amount of time you used our services, until you informed us of your revocation.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back)
Fax: +49 (0)711 400407-42
- I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only on paper)
(*) Delete as appropriate
Unless otherwise stipulated in the contract between the parties, the contractual relationship can be terminated after the expiration of any agreed period with a period of 1 month to the end of the contractual period. For special and promotional offers different cancellation periods may exist, if indicated on the Internet pages or in the offer. The right to extraordinary termination for cause remains unaffected.
After the expiration of the contractual period, the contract is extended automatically, unless otherwise agreed, by the term chosen by the customer.
Any termination must be in text form (eg by E-mail).
5. Obligations of sitorix / Scope of services
sitorix offers the customer access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, the maintenance and administration of data processing systems and communication infrastructures. The details and scope of the services are concluded from the main contract or from the selected service plan.
As far as sitorix provides additional services free of charge and services outside of the contractual agreement, these can be discontinued at any time. A reduction or claim for damages of the customer or a right of termination does not result from this.
sitorix has the right to change, reduce or supplement the range of services resulting from the contract, as well as to suspend access to individual services, as long as this does not or not significantly affect the fulfillment of the contract concluded with the customer. The customer must be informed about this in good time.
sitorix has the right to request a contract change if the customer uses more services than specified in the service description. If the customer objects to this, the customer may either reduce the usage or increase the scope of services. If no agreement with the customer is reached within a period of 14 days, sitorix can terminate the contract without notice.
sitorix guarantees, unless otherwise stated, an availability of its servers of 99% in the annual average. This does not apply to periods in which the servers can not be reached due to technical or other problems beyond the control of sitorix. Outside the sphere of influence of sitorix are, for example, technical defects caused by third parties, force majeure, etc. sitorix can restrict access to the services if the security of the network operation, the maintenance of network integrity, the avoidance of serious network disturbance, the software or stored data requires it. In addition, sitorix reserves the right to temporarily suspend operations due to important security updates. This outage is not part of the annual means of availability.
6. Duties and obligations of the customer
The customer is required to provide necessary data completely and correctly and to notify changes immediately. This applies in particular to name, address, bank details and E-mail address.
The customer is obliged to use the services properly. In particular, he is obliged,
a) to inform sitorix immediately about changes in the contractual basis;
b) to not misuse access to the services and refrain from any unlawful or illegal action. In particular, the customer is prohibited
- to use the services of other participants of the services without authorization,
- to use services not agreed on in the contract between sitorix and the customer without authorization,
- to decrypt, read or change Passwords, E-mails, files or similar from other participants of the services or the system operator,
- to distribute licensed software without authorization through the services,
- to interrupt or block communication services, for example by overloading, as far as the customer is responsible,
- to distribute or make accessible criminal content of any kind through services of sitorix,
this applies in particular to pornographic, glorifying violence content or those directed against the free democratic basic order or the idea of international understanding, as well as propaganda material and marks of unconstitutional parties and associations or their replacement organizations,
- to provide oneself or third parties with pornographic content related to the sexual abuse of children,
- to send "bulk E-mails", "Spam E-mails" or similar.
c) to ensure compliance with the legal regulations and official requirements, as far as these should be relevant for the participation in the network;
d) to take into account and comply with the applicable data protection rules and accepted data protection principles;
e) to notify sitorix of any identifiable defects or damages immediately (fault reports) and to take all measures to make it possible to ascertain the defects or damages and its causes or to facilitate and accelerate the elimination of the fault;
f) after submitting a fault report, sitorix shall be reimbursed for expenses incurred for the inspection of its facilities, if and to the extent that it emerges after the inspection that the fault was the responsibility of the customer (outside the defined scope of the contract and services).
If the customer violates the obligations specified in subsection 2 lit. b) and c), sitorix is entitled immediately and in the remaining cases after unsuccessful warning notice to terminate the contract without notice and/or to block access.
The costs for blocking and unblocking are always borne by the customer.
7. Use by third parties
A direct or indirect use of the services by third parties is permitted. The customer may use, resell and sublet services for their own purposes. The customer has to properly instruct third parties in the use of the services. The customer is liable to sitorix for compliance with the contractual provisions by the third party in the same way as he himself would be responsible for their compliance.
The customer also has to pay the fees incurred by third parties within the scope of the access and usage options made available to him. The same applies in the case of unauthorized use of the services by third parties, unless the customer proves that the unauthorized use was made by circumventing or suspending the security facilities of sitorix without being responsible for them.
8. Terms of payment
Unless otherwise stipulated in the contract, sitorix will invoice the customer for the agreed services at the applicable rates respectively fees and conditions plus the applicable statutory sales tax.
Unless otherwise stated in the contract, all services of sitorix must be paid in advance.
All invoice amounts are due within 14 days after receipt of the invoice, unless otherwise stated on the invoice.
If the customer wants a postal invoice, he must request it from sitorix. The fee per postal invoice amounts to EUR 1.00. If the customer does not want a postal invoice, there are no fees for the invoice.
In case the customer uses more services than agreed in the service plan, he may be charged for the additional use.
9. Late payment
In the event of late payment, sitorix can charge dunning fees to cover the costs incurred.
If the customer is in default of payment four weeks after receiving the invoice, all services of the customer, unless otherwise agreed, will be suspended. If sitorix suspends access due to late payment, sitorix can make the unlocking dependent on the payment of a processing fee.
sitorix can terminate the contractual relationship extraordinarily without notice or assert a right of retention to the services incumbent upon it, in particular the retrieval of the Domains, interrupt the connection of the server to the network or the connection of the customer, if the latter is with the payment of the owed amounts completely or partly longer than 4 weeks in default.
The assertion of further claims remains reserved to sitorix.
10. Set-off rights and right of retention, Disruption of service
The customer is entitled to assert a right of retention only because of such counterclaims, which result from the same contractual relationship as those claims against which the right of retention is countered.
Claims for damages due to delivery and service disruptions are excluded insofar as these are not attributable to sitorix as a result of intent or gross negligence.
In the event of a service outage due to a fault outside the area of responsibility of sitorix, the reduction is excluded. The same applies to the unavailability of services due to necessary business interruptions acc. 5.5 of the GTC.
11. Storage and security of the data
If the customer wants protection against spam and viruses for the E-mail accounts, he also accepts that sitorix analyzes the E-mails of the customer for the detection of spam and virus by software.
sitorix reserves the right to remove malicious software from its servers at any time. This applies in particular to E-Mails and E-Mail attachments, that the customer sends or receives through sitorix systems.
Insofar as data is transmitted to sitorix or to the servers provided by sitorix - in any form - the customer shall make backup copies of this data. The customer is responsible for backup copies of his data. Unless otherwise agreed, sitorix does not provide any backup copies of external data for the customer. In case of data loss, the customer is obliged to submit the relevant data once again free of charge.
The customer is aware that it is possible for all subscribers in the area of the transmission path to listen to transmitted data. The customer accepts this risk explicitly. The customer receives from sitorix, to maintain his data on the servers of sitorix, individual access data. The customer is obliged to treat these extremely confidential and is liable for any misuse resulting from any unauthorized use of them. In addition, the customer has to change the automatically generated password immediately upon receipt and later at the request of sitorix.
12. Liability and limitations of liability
Claims for damages outside of the warranty for defects are excluded both against sitorix and in relation to their agents, unless intent or gross negligence exists or promised features are missing.
sitorix is not liable for the information provided by third parties about its services, their completeness, accuracy or timeliness or that they are free of third party rights or that the broadcaster is acting lawfully, unless there is intent or gross negligence.
Unless other terms of these terms and conditions exclude liability, this is to customers for damages resulting from
a) the use of services of sitorix,
b) the transmission and storage of data by sitorix,
c) the use of transmitted programs and data by sitorix,
d) refraining from checks on stored or transmitted data pages of sitorix,
The customer is liable for all consequences and disadvantages suffered by sitorix or third parties as a result of the improper or illegal use of the services or the fact that the customer does not comply with their other obligations.
sitorix is not liable for damages resulting from the fact that the services of sitorix are omitted as a result of war or armed conflict, force majeure or as a result of labor disputes.
13.Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
The provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
14. Final provisions
Contracts concluded on the basis of these General Terms and Conditions are subject to German law. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
For general merchant customers the registered office of sitorix is the place of jurisdiction for all disputes arising from this contractual relationship. This also applies to legal persons under public law. sitorix is however also entitled to sue at the customer's registered office.
The Terms and Conditions have been translated from German for your convenience. Should there be any deviations in the translation the German version shall apply.
In the event of a contractual infringement (in particular the above-mentioned points) the customer shall reimburse sitorix for the material and personnel expenses as well as incurred expenses.
because the required storage or transmission of data by sitorix has not occurred, limited to the amount of the proven, foreseeable damage.