Foundation for sustainable operation
1 General data
The General Terms and Conditions of Keyfinanz GmbH form an integral part of all contracts (both written and electronic) with Keyfinanz GmbH / Germany (hereinafter "Keyfinanz GmbH" or the company). Distinctive provisions of international partners are not part of the contract. Additional agreements come into force after the Client transfers the confirmed original of the agreement in writing. Oral statements have no legal force. The company reserves the right to change these general provisions without further notice to the client.
The full and unconditional acceptance (acceptance) of these provisions is considered to be the submission of an order in the accounting system from the company's website.
2 Data center services
2.1. The servers located in the Keyweb AG data center are connected to various network backbones due to a complex system architecture. Incoming and outgoing data flows are duplicated and / or received through different routers and switches in different ways.
2.2. The average annual availability of the internal network is at least 99%. Due to the fact that the Internet is a voluntary association of various networks and resources, Keyfinanz GmbH does not assume responsibility for the operation of the Internet or its parts. In this regard, the Client is warned about the possible occurrence of violations or restrictions on the services provided by the company, if the violations are caused by reasons beyond the sphere of influence of Keyfinanz GmbH. In particular, this applies to cases where the server, due to a technical or other problem that is outside the sphere of influence of the company, is only partially available or completely unavailable. Keyfinanz GmbH undertakes to take all measures to maintain the operation of the network and ensure its security. In this regard, the company reserves the right to temporarily disable the server from the network or limit its network connection.
2.3. To provide guaranteed network availability, it is necessary to carry out regular maintenance of the network infrastructure. Because of this, temporary interruption or limited operation of connections is possible. To a large extent, these works do not affect the client's products. If scheduled technical work requires or may entail any temporary restrictions in the operation of the client's products, Keyfinanz GmbH is obliged to inform the client about the time, reasons and terms of the work being carried out. In the event of unforeseen events leading to the interruption and / or limitation of the operation of the client's products, Keyfinanz GmbH reserves the right to fully inform the client after the problem has been finally resolved.
3 Offers / Agreement / Termination of the agreement
Offers and prices are non-binding. The order is legally binding from the moment the invoice is issued. Special agreements are valid only after a confirmed original agreement in writing has been handed over to us. The invoice shall indicate the prices existing on the day of its preparation. They can be disputed within 14 days after the invoice was issued. The first count includes the remaining days of the current month and the entire next full month. Initially, the contract is concluded for a month and can be terminated by either party 14 days before its expiration date.
4 Prices / Payment terms
As a rule, settlement occurs when services are provided and/or goods are delivered, for example, when registration data is issued. The calculation is carried out in accordance with the agreed form of payment: credit card, money transfer, electronic money (Webmoney, etc.). When the client pays for the product in any currency other than the euro, the exchange rate is set by Keyfinanz GmbH. The company also reserves the right to change course. The reason for this may be the change in the exchange rate. If the client uses a form of payment that requires additional transaction costs, the company has the right to include these costs in the client's account. The payment term is 7 days net, taking into account the day on which the payment was made. In case of violation of the conditions of the payment term, Keyfinanz GmbH has the right to recover the incurred costs from you in the amount established by the bank. In case of a negative withdrawal request return, we charge you, regardless of the bank, the amount of 25 euros for additional data processing. If there is doubt about the solvency of the buyer, we reserve the right to demand an advance payment. In case of default on the part of the buyer, we have the right to change the terms of the contract and / or block his account. In this case, the costs incurred may be charged and/or a claim for damages can be made.
4.1. The invoice is issued electronically and has a full legal basis. At the request of the client, the invoice can be sent to the client's e-mail in PDF format.
4.2. If you prepay for 6,12 or 24 months, we provide discounts up to 20%. If the contract is terminated before the expiration of the already paid period, we reserve the right not to refund the difference. Termination of the contract on our part is possible in the event of a gross violation by the client of the terms of the contract.
5 Services / Terms of the contract
The contract for the use of our services comes into force from the moment of acceptance of the terms of the contract and the provision of registration data by us. Payment and prices for services are determined by the terms of the contract between the client and the provider. The contract expires as agreed. The main time frames are listed below.
- a. The order of virtual hosting and/or (virtual) dedicated server takes place for at least one month with a 14-day contract termination period before it expires. The contract is extended for a month automatically if none of the parties terminated it within the above period.
- b. The domain name is rented for at least 12 months. The contract is automatically extended for a year if it was not terminated at the initiative of one of the parties three months before its expiration date.
Each contract can be terminated without giving reasons and subject to the above terms. Recalculation in case of overexpenditure of the volume of traffic or other services specified by the agreement is made at the end of each month.
6 Domain
Domains are registered by "Keyfinanz GmbH" or an authorized partner in the respective network information center (hereinafter NIC). The process of transferring data to the appropriate NIC during domain registration is automatic. The client may consider the ordered domain name available and assigned only after receiving confirmation from the respective network information center or "Keyfinanz GmbH". "Keyfinanz GmbH" does not provide guarantees and is not responsible for the distribution of ordered domain names.
7 Services Provided / Responsibilities of the Parties
The client releases "Keyfinanz GmbH" from all claims of third parties regarding the data provided by him. Our company is not responsible for the safety of data on the client's page/server. Once the client's data has been uploaded to the server, the client MUST make a backup copy of the data.
To access the control panel, the customer is provided with a username and password in electronic or written form. He undertakes to keep this data confidential, not to transfer it to a third party and is fully responsible for the consequences arising from the unauthorized use of this data.
Also, the client is aware that there is a possibility of data interception on the Internet, and he admits this risk factor. Our company is not responsible for violation of the confidentiality of e-mails or other transmitted information.
The Company does not guarantee that the shared hosting and (virtual) dedicated servers provided support any particular service or software. The services of our company is the provision of servers to customers.
The Company does not assume responsibility for violations that occur within the Internet. Also, "Keyfinanz GmbH" is not responsible for damages or their consequences caused directly or indirectly by the client's page/server.
The company, under no circumstances, is liable to the client for possible indirect damage. Indirect damages include, but are not limited to: complete or partial suspension of activities, loss of income, profits or reputation. Also, the client agrees to indemnify the company "Keyfinanz GmbH" for claims of third parties directed towards him (the client).
The company is only liable for actual damages, claims for which have been submitted in writing. In any case, the maximum amount of compensation for damages cannot exceed the cost of the ordered service, with a limit of 200€ for each case of damage. This clause does not apply to individuals.
All customer claims regarding the services provided are accepted and considered only in writing.
Other liability of the parties, not provided for by this agreement, is determined and applied in the amount and in the manner established by the current legislation of the Federal Republic of Germany.
8 Information security
Keyfinanz GmbH undertakes to maintain the confidentiality of customer information received from him when placing an order. At the same time, in cases provided for by the current legislation of Germany, Keyfinanz GmbH may transfer the personal data of the client to the competent authorities, state institutions and / or the court.
9 Content of published data
The company does not undertake to verify the client's data. The client is fully responsible for the content of the pages belonging to him, located on the servers rented from the company "Keyweb AG".
The client undertakes to comply with copyrights (Copyrights), patent regulations, not violate the rights of third parties. In cases where the client violates the listed rules or violates the current legislation of Germany, as well as in cases of negative presentation of information about third parties or non-compliance with moral statutes, which causes public outrage, the company reserves the right to block the client’s website / server and terminate the contract with him.
The Company reserves the right to block the account / server of the client in the event that she / he causes failures or malfunctions in the technical platform or other clients. In addition, the company prohibits the placement of download (download) portals, audio / video portals, file sharing, as well as streaming server, without written permission from our company, on shared access lines. In the case of renting a leased line for Internet access, this clause is governed by the rules for using leased lines.
The client is prohibited from sending advertising mailings through his domain, mail bombing to third parties without the notification and consent of the latter, as well as sending spam or other illegal actions by e-mail. In the context of this paragraph, the "Business Partner" assumes responsibility for the actions of its clients.
Violations of these rules lead to instant blocking of the client's site/server. Pages/servers containing illegal information, for example, child pornography, will be blocked without warning and transferred to the appropriate authorities for consideration to open a criminal case.
10 Current legislation
All guarantees provided, as well as all legal relations between the seller and the buyer, are considered in accordance with the current law of the Federal Republic of Germany.
11 Litigation
Erfurt (Germany) - is the place of filing and conduct of all legal proceedings.
Dated of 19.03.2014