English translation for information. The German terms and conditions are the authoritative version.
bastCOM General Terms and Conditions
GENERAL RULES
1. Scope, amendments, start of contract
1.1
These General Terms and Conditions apply to all services of bastCOM. The provisions for each service apply even if several services are provided together within the framework of a contractual relationship.
1.2
bastCOM provides all services exclusively on the basis of these General Terms and Conditions. This applies in particular if the customer uses General Terms and Conditions and contains these conflicting or different terms and conditions. The General Terms and Conditions listed here also apply if bastCOM performs the order without reservation in the knowledge of the customer’s terms and conditions that are contrary to or set out here.
1.3
bastCOM may change these GTC with an appropriate notice period. If the customer does not object to the change within a period set by bastCOM, the change shall be deemed to be approved. bastCOM shall inform the customer in the notice of amendment that the change will take effect if it does not contradict within the period set.
1.4
The full text of the General Terms and Conditions may be published via the notification of a link under which the full text is available on the Internet.
1.5
A contract requires the provision of complete and correct data.
1.6
The contract is concluded with the activation of the access identifier by bastCOM in relation to the main contract component. The term is 12 months. If the customer does not terminate in writing for 3 months, the contract will be automatically renewed for a further 12 months.
2. Services provided by bastCOM
2.1
The scope of services is determined by the current description of the service at the time of ordering.
3. Payment terms
3.1.
Non-use charges are payable in advance for the duration of the contract, unless a shorter billing period is agreed. Payments by the customer are made on account.
3.2
bastCOM makes an electronic invoice available in the customer service area for each payment. Invoices can be sent by email free of charge. If the customer requests a paper invoice by post, bastCOM may charge €2.50 per invoice.
3.3
bastCOM may change the prices at the beginning of the next contractual term with a reasonable notice period of at least one month. If the customer does not object to the change within a reasonable period set by bastCOM, the change shall be deemed approved. bastCOM shall inform the customer in the notice of amendment that the change will take effect if it does not contradict.
3.4
The customer can only offset claims of bastCOM with undisputed or legally established counterclaims.
3.5
If the customer is in default of payment, bastCOM can block their services.
3.6
If the customer is in default for two consecutive months with the payment of a not insignificant part of the remuneration or in a period of more than two months with an amount corresponding to a monthly fee, bastCOM may terminate the contractual relationship for an important reason without complying with a deadline. An important reason for the termination of bastCOM is also present, in particular, when insolvency proceedings over the customer’s assets are applied for, opened or the opening is refused due to a lack of mass.
3.7
If a payment is overdue, bastCOM may charge a processing fee of €10.00 for each unjustified reversal of a direct debit. The customer may demonstrate that no loss occurred or that the loss was substantially lower.
4. Obligations of the customer
4.1.
The customer is obliged to provide all necessary data and to notify changes immediately. This applies in particular to the address data, the bank details and the e-mail address.
4.2
bastCOM can send information and explanations concerning the contractual relationship to the customer’s e-mail address. The customer will regularly retrieve the e-mail address that bastCOM serves as a contact address.
4.3
The customer is obliged to set up his systems and programs in such a way that neither the security, integrity nor the availability of the systems that bastCOM uses to provide its services are affected. bastCOM can block services if systems act or react differently from the normal operating behaviour and thus affect the security, integrity or availability of the bastCOM server systems.
4.4
The customer undertakes to change assigned passwords without delay. He manages passwords and other access data carefully and keeps them secret. He is also obliged to pay for such services that third parties use or order via his access data and passwords insofar as he is responsible for this.
4.5
The customer creates backup copies of all data that he transfers to bastCOM servers on other data carriers that are not at bastCOM. In the event of data loss, the customer will transfer the data collections to the bastCOM server again free of charge.
5. Liability of bastCOM
5.1
If bastCOM or one of its vicarious agents violates an essential contractual obligation (cardinal obligation) in a manner that endangers the purpose of the contract, liability is limited to the typical damage that bastCOM could reasonably foresee when concluding the contract, unless the breach of duty is intentional or grossly negligent.
5.2
This restriction does not apply in the event of injury to life, body and/or health and in the event of liability under the Product Liability Act.
6. Data usage
6.1
bastCOM collects and processes data within the framework of the legal data protection rules.
6.2
As far as this is necessary for billing, bastCOM may store and transmit traffic data and/or billing data. bastCOM will delete traffic data no later than six months after sending the invoice if the customer has not objected to the amount of the charges charged before the expiry of the deadline. In such a case, the traffic data may be stored until the objections have been resolved.
6.3.
The customer has the right to demand a complete storage of the traffic data or a complete deletion of the traffic data after invoice shipment. A storage of the traffic data after invoice shipment remains if the customer has made use of this right to complete deletion.
6.4. In order to be able to design the service according to the customer’s requirements, the customer agrees that the use of the services will be recorded under a pseudonym. The data recorded under a pseudonym will not be merged with the data of the bearer of the pseudonym. The logs will be treated confidentially by bastCOM. They will not be passed on to third parties without anonymizing them beforehand.
7. SCHUFA clause
7.1
The customer agrees that bastCOM will receive information about it from SCHUFA HOLDING AG, Kormoranweg 5, 65201 Wiesbaden. He agrees that bastCOM will transmit data about non-contractual payment behaviour to SCHUFA, insofar as this is permitted under the Federal Data Protection Act after weighing all interested interests.
7.2
SCHUFA stores and transmits the data to its contractual partners in the EU internal market in order to provide this information for the assessment of the creditworthiness of natural persons. SCHUFA’s contractual partners are mainly credit institutions, credit card and leasing companies. In addition, SCHUFA provides information to commercial, telecommunications and other companies that provide services and deliveries against credit. SCHUFA only provides personal data if a legitimate interest has been demonstrated in this case. SCHUFA provides address data for debtors. In addition, SCHUFA may provide its contractual partners with a probability value calculated from its data base for the assessment of credit risk (score procedure). SCHUFA can obtain information about the data stored about it. Further information about the SCHUFA information and score procedure contains a note which is provided upon request.
8. Copyright, retention of title
8.1
bastCOM grants the customer a simple right of use limited to the duration of the contract. It is not permitted to grant third parties rights of use. In particular, a sale is not permitted. The customer will delete copies of the software provided after the termination of the contract and will not continue to use them. These provisions do not apply to open source programs, and the associated licensing conditions apply exclusively.
8.2
Furthermore, the licensing provisions of the respective manufacturers apply.
8.3
The content, texts, images, animations, film and sound material provided by bastCOM can be used by the customer during the contract period to design the contractual website. It is not permitted to grant third parties rights of use.
8.4
In the case of LivePages, the license only entitles users to use the Internet package with which LivePages has been ordered. Use of LivePages software and LivePages materials for other Internet presences of the customer is excluded. This does not affect several domains of a customer that refer to the same content or sub-areas of a content. In the event of a violation of these provisions, bastCOM is entitled to block the Internet presence on which LivePages is used against license, or the project for which LivePages is used against license until proven legality.
9. Term of contract, termination
9.1
Unless otherwise stated in the specific offer, the contract shall be automatically extended by the respective minimum term / first term of the contract as long as it is not terminated by a party with a period of three months at the end of the period. If the first term of the contract is longer than one year, the extension periods shall be one year.
9.2
Terminations require the written form, whereby a transmission by fax is sufficient to safeguard this form. The contract can also be effectively terminated via the secured customer service area, as far as this possibility is available.
10. Place of jurisdiction, applicable law
The exclusive place of jurisdiction for all disputes arising out of or on the occasion of this contract is Hamburg, insofar as the customer is a merchant, a legal person under public law or a special fund under public law. The law of the Federal Republic of Germany shall apply to all claims of any kind arising out of or on the occasion of this contract, excluding the Uniform UN Sales Law (CISG).
11. Supported Browsers
For the websites of bastCOM the following browsers are officially supported on the PC:
Morzilla Firefox, Internet Explorer8, Internet Explorer9, Internet Explorer10, Internet Explorer11, Safari, Opera
All other browsers can cause errors.
12. Support
The support times set out in the contract refer to telephone or e-mail support. Support on site is subject to additional costs, which we can inform you by e-mail.
The support refers to the websites hosted by bastCOM and the email accounts. Third party programs are not supported. These include e.g. mail programs, webshops, etc.
SECTION II: SPECIAL RULES FOR DOMAINS, WEBHOSTING, SHOPS, E-MAIL, UNIFIED MESSAGING
1. Contractual relationship
1.1
The contractual relationship for the registration of the domain comes directly between the customer and the contracting authority or the registrar. bastCOM commissions the registration of domains within the scope of a business management relationship for the customer, unless bastCOM is itself a registrar for the relevant Top Level Domain (TLD). Information on the registrars for the individual TLD can be found under 1.2.
1.2
The top-level domains are registered and managed by different organizations.
Different conditions of award
. For .de domains the
Domain policies
, the
Domain conditions
and the
Pricelist
DENIC e.G. The above-linked terms and conditions are part of this contract.
1.3
The data for the registration of domains are forwarded to the respective contracting authorities in an automated procedure. The customer can only assume an actual allocation once the Internet service has been provided under the desired domain. A guarantee for the allocation of ordered domains cannot be assumed.
2. Obligations of the customer
2.1
The customer is obliged to participate in the registration, transfer and deletion of domains, the modification of entries in the databases of the contracting authorities and in the exchange of providers and registrars to a reasonable extent.
2.2
The customer is responsible for the fact that his domain(s) and his contents do not violate any legal regulations or rights of third parties. bastCOM points out that other national legal systems may have to be observed, especially in the case of international domains.
2.3
The customer undertakes not to offer domains or content for retrieval that are more extremist (especially far-right) nature or include pornographic or commercial erotic offers. This also applies if such content is made accessible through hyperlinks or other links that the customer places on third-party pages.
2.4
The sending of spam mails is prohibited. This includes the sending of inadmissible, unsolicited advertising to third parties. In the sending of e-mails, it is also forbidden to provide false sender data or to disguise the identity of the sender in any other way. The customer is obliged to make this character clear in the case of commercial communication by means of a corresponding design of the e-mail.
2.5
If the data to be provided according to the respective registration conditions for a domain is incorrect and bastCOM cannot contact the customer under the specified data, bastCOM can delete the domain.
3. Response of bastCOM in the event of violations and threats
3.1
If third parties prove that the content of an internet presence or a domain itself violates their rights, or if it appears that it is likely that domains or content violates legislation, bastCOM may block the website as long as the infringement or dispute with the third party persists.
3.2
If the potential infringement is committed by a domain, bastCOM may also take measures that make the domain unattainable. In cases where the infringement by a domain appears to be safe due to objective evidence, bastCOM may terminate the contractual relationship without notice.
3.3
In the case of extremist, pornographic or commercial erotic content, bastCOM can also pronounce a termination without notice instead of merely making a blocking.
3.4
If the customer sends spam mails in the sense of 2.4, bastCOM can temporarily block the mailboxes on the e-mail server.
3.5
If an Internet address is named or linked in spam mails after 2.4, which is maintained by bastCOM, bastCOM may temporarily block the domain or content.
3.6
bastCOM may, on the basis of objective criteria, reject the e-mails addressed to its customers if facts justify the assumption that an e-mail contains malicious software (viruses, worms or Trojans, etc.), the sender information is false or veiled or it is unsolicited or disguised commercial communication.
3.7
The payment entitlement of bastCOM shall continue as long as a service has been blocked for the above reasons.
4. Email, Unified Messaging (UMS)
4.1
bastCOM reserves the right to limit the size of incoming and outgoing messages for emails and UMS, as far as this is reasonable for customers.
4.2
bastCOM is entitled to delete e-mail messages received from the accounts provided, a) after they have been retrieved by the customer, b) after being forwarded according to customer instructions, c) after they have been stored for 60 days.
4.3
The dispatch of UMS messages to special telephone numbers or foreign connections is only possible, as far as this is expressly provided in the offer.
5. Liability
Insofar as the customer is an entrepreneur, a legal person under public law or a special fund under public law, the liability shall be limited to the sum of the contractual fees paid by the customer to bastCOM for the period of two years prior to the occurrence of the injurious event in the context of the specific contractual relationship.
6. Procedure on termination of the contract
6.1
Deletion orders for domains require the signature of the domain owner/admin C.
6.2
If the customer does not participate in the deletion of a domain upon termination of the contract, bastCOM may return the domain to the responsible contracting authority after a reasonable period has elapsed. bastCOM hereby points out that in this case the customer may remain liable for payment to the contracting authority.
6.3
Alternatively, bastCOM can have the domain deleted after a reasonable period of time.
6.4
If bastCOM terminates the contract due to late payment or for important reasons, bastCOM may, after a reasonable period of time, arrange the deletion of the affected domains, unless the customer gives any other instructions.
7. Vacation / illness
A sickness or a holiday can lead to a failure in the staff. Thus, during the absence of illness or urlkaub, the time until the integration of the data cannot be guaranteed.