Terms and Conditions

Terms of Service (T&C) of exkwisIT (GbR) for private & Business customers

state: 13.05.2020

§ 1 Scope

These terms and conditions (T&C) Are part of all contracts of the exkwisIT UG (haftungsbeschränkt), Company of German civil law, Ludwig-Ganghofer-Ring 29, 85092 Kösching (following called: exkwisIT) with a contractual partner in the sense of § 3 (following called: customer) on services from the § 2 called, object of contract. The valid version is valid at the time of conclusion of the contract. Deviating conditions of the customer will not be part of the contract, unless exkwisIT expressly agrees to their validity in writing. Deviating regulations in the offer or service description are paramount to the provisions of these T&C.

§ 2 Object of Contract

ExquisIT offers its customers services for internet services. This includes, in particular, webhosting, the provision of server resources, domain services as well as other services related to this service spectrum, as can be taken from the exkwisIT website. The details of the respective scope of services are given by the service package ordered by the customer, including the corresponding offer description.

§ 3 Contract partners

These T&C apply only to contracts between exkwisIT and private customers, as well as for business customers, unless other business terms are agreed for business customers. Private customer is any person who is not an entrepreneur. Entrepreneur is a natural or legal person or a legible society who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded. For persons who are entrepreneurs, other terms and conditions apply. For persons who are entrepreneurs, these terms and conditions apply if no separate terms and conditions are agreed. To private customers includes in particular consumers. Consumer is any natural person, which concludes a legal transaction for a purpose, which cannot be attributed to their commercial or self-employed activity.
The customer who is also the consumer, is entitled to a right of revocation relating to § 12. This right of revocation does not apply to the customer who is not a consumer.
exkwisIT concludes contracts only with persons who have reached the age of eighteen and who are otherwise fully capable of doing business; the customer assures this to exkwisIT. If the customer is a majority of persons, all persons must have reached the age of 18 and must also be fully competent for doing business; the customer assures this to exkwisIT. A representative who closes the contract for such a plurality of persons (e.g. Shareholder of a non-commercial GbR), ensures the right of representation to exkwisIT.
The representative of a legal person (e.g. executive of a non-commercial registered association) ensures the right of representation to exkwisIT.
The representative of a natural or legal person (eg. Managing a commercially acting GmbH or GbR) ensures the right of representation to exkwisIT.
The customer further assures exkwisIT that he is willing and able to pay the agreed remuneration both at the time of conclusion of the contract and also for the duration of the contract.

§ 4 Conclusion of contract

By placing an order at exkwisIT, the customer makes a binding offer to conclude the contract. The purchase order depends on the selected activity and service type:
Is it a performance from the field of webhosting or domainservices (§ 16), the order is made via the website of exkwisIT by mail or by telephone, exkwisIT does not save the contract text. The customer can, however, save or print the contract text by using the corresponding function of his browser on the overview page; The same applies to the T&C.
Apart from that, especially in the case of server services (§ 15), the order is made by submitting the signed order form which the customer can create and retrieve via the exkwisIT website.
The receipt of the order is confirmed by e-mail to the customer (confirmation of receipt). On the other hand, the confirmation of receipt does not constitute a binding acceptance of the offer by exkwisIT. Rather, the acceptance of the offer is made by a separate communication from exkwisIT (contract confirmation) within five days.
The contract language is German.

§ 5 Contract term & contract termination

The term of the contract corresponds to the period that the customer has chosen as the payment period during his or her appointment, or. the period that the customer has chosen in written contract forms of server solutions. The contract may be terminated by either party with a notice period of four weeks at the respective term; Notice of termination must be in writing. If the contract is not terminated or not in time, it is extended by the original term, but not by more than one year.
With Domain Services, the contract period is one year, unless the offer description has a different period. If the customer terminates a domain, he also informs exkwisIT whether the domain is to be deleted or transferred to another provider. If the domain is to be transferred to another provider, the cooperation of the customer and / or the other provider is required depending on the specifications of the respective registration agency. If this participation does not occur or does not occur in time, with the result that the domain remains with exkwisIT beyond the end of the term, the domain service is charged to the customer for another year.

§ 6 Conditions and prices

All prices are net prices excluding sales tax according to the exkwisIT price list . Additional costs, which are not included in the order overview or the order form, are not covered by the order.
If the customer requests additional services from exkwisIT after his order, he / she will be billed separately according to the currently valid price list.

§ 7 Terms of payment

The invoice is created and send monthly, by e-mail to the e-mail address provided by the customer. The invoice amount is payable within 10 days.
Complaints concerning the invoicing of usage-related services shall be made by the customer within a period of four weeks from receipt of the invoice.
If the customer is in arrears with the payment, exkwisIT is entitled to refuse further service provision according to the legal regulations.
If the customer transfers more than the respective open invoice amount, exkwisIT will credit the surplus to the customer and invoice the credit note with the next invoice. If there is still a surplus at the end of the contract, exkwisIT will return the surplus to the customer according to the rules of the right of enrichment; The same applies if the customer requires a premature return of the surplus.
If the customer has selected the payment by direct debit, he must ensure a sufficient cover for the account. In the event of any repayment, which is the responsibility of the customer, he is obliged to pay a damage reduction in the amount of 7,00 €. However, the customer is free to prove that exkwisIT has not been incurred or that the damage is substantially lower than the blanked sum. On the other hand, it is exempt from the right to prove the higher damages.

§ 8 Data security & co-operation obligations

The customer shall provide a security copy of all data submitted to exkwisIT prior to transmission. This applies in particular to data which the customer places on servers at exkwisIT. Data, which is changed on servers at exkwisIT or collected there only, is also secured by the customer at regular intervals. The security scopes may not be stored on servers at exkwisIT. In the event of a loss of data, the customer will transmit his safety copy free of charge to exkwisIT.
The customer receives a user identification and a password (access data) from exkwisIT.. He is obligated to keep his access data secret and to be protected from third parties. Any action taken under these access data shall be deemed to have been initiated by the Customer, unless the Customer has properly complied with his / her confidentiality and protection.
exkwisIT is entitled to make changes to the server configuration, as long as they are necessary from a technical or legal point of view or because of technical progress. The scope of services is not limited by such a change. The customer will be informed in due time of any changes. He undertakes himself to make changes and to contribute within his sphere of influence and free of charge.

§ 9 Infringement of rights

The customer is aware that exekisIT will not review the content he publishes before publication. Similarly, exekisIT will not verify the domain rights of a third party prior to the registration or connection of a domain ordered by the customer. In this respect, the customer indemnifies exkwisIT from all claims which third parties raise against exkwisIT on the basis of the contents published by the customer or a domain ordered by him.
In the case of an obvious or proven infringement, exkwisIT is entitled to block the publication of the infringing contents, if necessary also all contents of the customer or to block the domain of the customer, if necessary also to return to the registration office.
If the infringement is not obvious or proven, exkwisIT shall request the customer to make an immediate statement. If this opinion is void or if it cannot invalidate the alleged infringement, exkwisIT is also entitled to block the publication of the infringing content, if necessary also all contents of the customer or to block the customer's domain, to the registration office if necessary.

§ 10 Warranty

exkwisIT guarantees to the customer an availability of 99.5% in annual average. ExekisIT, however, has the permission to use up to 1% of the availability for maintenance work on a monthly basis, without this being considered as a reduction in availability.
Relevant for availability is the router that connects the data center used by exkwisIT to the Internet (transfer point). The guarantee of availability excludes disturbances within the Internet as well as such downtime, which is not within the sphere of influence of exkwisIT (eg force majeure).
If, within one month, the guaranteed availability is not met, exkwisIT grants the customer a credit note of 3% of the invoice amount per 1% reduced availability, which corresponds to the performance reduced in availability. The credit note will be charged on any claims for damages on the part of the customer due to reduced availability.
If a different regulation on availability is made from the respective service description or an agreed service level (SLA), this regulation is implemented.
Otherwise, the statutory provisions apply. The limitation of liability according to § 11 shall also apply to the liability for damages for damages.

§ 11 Limitation of liability

exkwisIT shall be liable without limitation in the case of willful intent, gross negligence, injury to life, body and health, in accordance with the provisions of the product liability clause (ProdHG), as well as in the scope of an assumed guarantee.
In the event of a slight negligence of a material contractual obligation, the liability of exkwisIT is limited in scope to the damage that is foreseeable and typical according to the nature of the mentioned business. Significant contractual obligations are those whose fulfillment makes the proper execution of the contract possible at all and to which the customer may regularly rely.
Furthermore, the liability of exkwisIT is excluded. This also applies to the personal liability of the legal representatives and vicarious agents of exkwisIT.

§ 12 Revocation instruction for consumers

2. You have the right to revoke this contract within a period of fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must contact us (exkwisIT UG (haftungsbeschränkt), Ludwig-Ganghofer-Ring 29, 85092 Kösching, Telefon: +49 176 22142585, or +49 3212 5261980, E-Mail: info@exkwisIT.com) by means of a clear explanation ((E.g. A letter sent by post, fax or e-mail) to inform us about your decision, to revoke this Agreement. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
4. If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction, unless you have expressly agreed otherwise; In no case will you be charged for these repayment fees.
If you have requested that the services be commenced during the period of revocation, you shall pay us a reasonable amount equal to the proportion of the services already provided to us by the exercise of the right of revocation with respect to this contract Comparison with the total scope of the services provided for in the contract.
6. You can download a sample revocation form here: 7. https://www.exkwisIT.com/pdf/exkwisIT_revokation_form.pdf

§ 13 Other provisions

The contract shall remain binding in the remaining parts of the contract even if individual points are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available. To the extent that this would represent an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.
Persons who do not have a general court of jurisdiction in Germany or who have moved their place of domicile or habitual residence outside Germany after the conclusion of the contract or whose domicile or habitual abode is not known at the time the appeal is brought, as a result of this contract, Hanover as the exclusive court of jurisdiction.
It applies the law of the Federal Republic of Germany to the exclusion of the UN purchase law. If the customer is a natural person and if he concludes the contract for a purpose which can not be attributed to his professional or commercial activity (consumer), the mandatory consumer protection provisions of the country in which the customer has his habitual residence remain applicable.
The customer can only offset exkwisIT with such claims as are either due to the same contractual relationship or which are undisputed or legally established by exkwisIT. The customer can only claim a right of retention on the basis of counterclaims from the same contractual relationship.
SCHUFA-condition: exkwisIT UG (haftungsbeschränkt) is entitled to carry out an examination of the creditworthiness of the customer at the SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden Using name (in the case of traders: the company) and address, before conclusion of the contract. The SCHUFA stores and uses obtained data. The use also includes the calculation of a probability value based on the SCHUFA data base for the assessment of the credit risk (score). The data obtained are transmitted to their contracting partners in the European Economic Area and Switzerland in order to provide this information for assessing the creditworthiness of natural persons. The contracting parties of SCHUFA are companies which bear financial default risks (in particular credit institutions, credit card and leasing companies, as well as rental, trading, telecommunications, energy supply, insurance and debt collection companies). SCHUFA makes personal data available only if a legitimate interest has been convincingly demonstrated in the individual case and the transmission is permissible after consideration of all interests. Therefore, the extent of the data made available in each case may vary according to the type of contract partner. In addition, SCHUFA uses data for the purpose of verifying the identity and age of persons at the request of its contractual partners, which, for example, offer services on the Internet. The customer can obtain information from SCHUFA about the stored data. Further information on the SCHUFA information and score procedures can be found at www.meineschufa.de
The postal address of SCHUFA is:

SCHUFA Holding AG
Verbraucherservice
Postfach 5640
30056 Hannover

§ 14 Special rules

1. Depending on the type of service ordered, the general part of the General Terms and Conditions is supplemented by the provisions of this special part. Where a provision differs in particular from that in the general part, the rules shall be laid down in particular.

§ 15 Webhosting & Domainservices

The paragraphs of this paragraph shall apply to contracts:
Webhosting (provision of storage space for websites, e-mailboxes, and FTP access)
Domainservices (registration, connection and maintenance of domains)
The data for the registration of a domain is forwarded by exkwisIT on behalf of the customer to the responsible registration office. The forwarding is carried out in an automated process, whereby exkwisIT has no influence on whether the domain is ultimately allocated to the customer or not. Insofar, exkwisIT does not assume any guarantee that the allocation of the domain actually takes place.
The customer has to avoid overloading the exekisIT server system. An excessive burden can be caused in particular by such scripts, which are not contained in the program library of exkwisIT. In the event that the content of the customer interferes with the functionality, security or availability of the server system or is seriously endangering, exkwisIT is entitled to block the customer's account.
The customer will not publish content that is not adult-free. In addition, the operation of download portals or a comparable use of the storage space for the massive distribution of files as download is also prohibited. The installation of software whose data transfer (traffic) is not measured as a standard (measured by default: www traffic, mail traffic and FTP traffic), in particular also the installation of daemons, is not permitted. In the event of an infringement, exkwisIT is entitled to block the customer's account.
The customer is forbidden to send circular letters or serial letters (messages by e-mail, which are sent to several recipients in equal or near-content-equivalent terms), provided that a total of more than 100 recipients per month are credited with such a message. Likewise, the customer is prohibited from sending commercial messages without prior express consent from the recipient ("UCE"). This also applies to advertising messages directed to public newsgroups. In the event of an infringement, exkwisIT is entitled to block the customer's account.
E-mail mailboxes, which the customer maintains at exkwisIT, may only be used for the handling of e-mail traffic. In particular, the customer is prohibited from using an e-mail mailbox as a storage space for files. The customer must retrieve his e-mails at regular intervals of a maximum of three weeks and delete the e-mails on the exkwisIT server. In the event of an infringement, exkwisIT is entitled to block the customer's account.
An account blocking in accordance with paragraphs 3 to 6 will, if possible, exkwisIT will threaten the customer before, otherwise inform him without delay of the blocking. If the customer remedies and assures exkwisIT that the infringement will not be repeated, exkwisIT reverses the blocking. The costs incurred by handling the infringement will be invoiced to the customer at € 20.00 per 15 minute period. This does not apply if the customer is not responsible for the violation. The customer is also free to prove that exkwisIT has not been incurred or that the damage is substantially lower than the lump sum. On the other hand, it is exempt from the right to prove the higher damages.
If the customer places more files or e-mails on the exkwisIT server system than the storage space in his performance package permits, exkwisIT asks the customer to remove the space within a period of 4 weeks from receipt of the request. exkwisIT will place the customer in the next higher performance package, which offers sufficient storage space for the files and e-mails he or she has stored, if the customer does not either eliminate the deadline within the deadline or contradict the deadline of an upgrade. If the customer does not meet the deadline in time and rejects the upgrade, exkwisIT is entitled to delete the files and e-mails of the customer, as far as it is necessary to remove the space. This is the reason why exkwisIT will also point out to the customer in the invitation as well as the consequence of the absence of a timely objection in case of non-removal of the space within the deadline; The notice will also cover the price and scope of the package in which exkwisIT intends to classify the customer.