1) Scope of Application
1.1 These Terms of Service (hereinafter referred to as "TOS") of PTB-Medien, represented by Julian Pohl (hereinafter referred to as "Provider"), apply to all contracts that a consumer or company (hereinafter referred to as "Customer") concludes with the Provider with regard to the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these TOS is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his freelance professional activity.
1.3 A company within the meaning of these TOS is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Services of the Provider
2.1 The provider renders services for making content accessible via the Internet. For this purpose, he provides the customer with system resources on a virtual server. The customer may store content on this server up to a certain extent. The exact scope results from the service description of the provider.
2.2 On the server, the contents are kept ready for retrieval via the Internet under an Internet domain assigned to the customer. The services of the provider in the transmission of data are limited solely to the data communication between the transfer point operated by the provider of its own data communications network to the Internet and the server provided for the customer. It is not possible for the Provider to influence data traffic outside its own communications network. A successful forwarding of information from or to the computer requesting the content is therefore not owed in this respect.
2.3 The online service of the provider is offered subject to availability. An availability of 100 percent is technically not realizable and can therefore not be guaranteed to the customer by the provider. However, the Provider shall endeavor to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of the provider (disruptions of public communication networks, power outages, etc.), may lead to disruptions or temporary shutdown of the service.
2.4 The Provider shall provide the aforementioned services with an overall availability of 99.9 %.
The availability is calculated on the basis of the time allotted to the respective calendar month in the contract period minus the maintenance times. The Provider shall carry out the maintenance work, as far as this is possible, during periods of low use.
2.5 The contents of the storage space designated for the Customer shall be backed up by the Provider on a regular basis. Details on the frequency and procedure of the backup are given in the service description of the Provider. The Customer shall not be entitled to the surrender of any of the backup media, but only to the retransfer of the backed-up content to the server.
2.6 The Provider is entitled to adapt the hardware and software used to provide the Services to the respective state of the art and, in particular, to deactivate software that is no longer supported (e.g. PHP versions that have reached end-of-life ). The customer is responsible to corresponding necessary adjustments of the content stored on the server.
2.7 The Provider shall further undertake the procurement of the Internet domain(s) under which the Customer's content is to be made available. For this purpose, the Customer shall name the Internet domain(s) desired by him. The provider does not guarantee the availability of the desired domain(s) or the non-violation of third party rights (e.g. name, trademark or title rights) by registering the desired domain(s) to the customer. In the event that the desired domain(s) should no longer be available, the Provider shall notify the Customer thereof without delay and submit to the Customer up to three alternative proposals that are as close as possible to the originally desired domain. The Customer shall then decide on one of the alternative proposals within a reasonable period of time set by the Provider. If the Customer allows the reasonable period of time set by the Provider to expire fruitlessly, the Provider shall be entitled to select a domain for the Customer. The Provider shall not be responsible for obtaining rights to domains already registered for third parties by the responsible registry. The integration of an external domain, which is administered by another provider, is not permitted. The provider has to register the domain in the name and for the account of the customer. Especially in the selection of the domain name and the registry as well as in the negotiations about the conditions the provider has to take care of the property interests of the customer independently and to use his expertise in the service of the customer. The Provider shall provide the Customer with information and account for the status and progress of its undertakings in this matter at any time upon request. All rights and rights to the name acquired to the domain are with the customer.
3) Changes in services
3.1 The provider reserves the right to change the services offered or to offer deviating services, unless this is unreasonable for the customer.
3.2 The provider also reserves the right to change the services offered or to offer deviating services,
- insofar as he is obliged to do so due to a change in the legal situation; .
- insofar as he thereby complies with a court judgment or an authority decision directed against him; .
- insofar as the respective change is necessary to close existing security gaps; .
- if the change is merely beneficial to the customer; or .
- if the change is of a purely technical or procedural nature without any significant impact on the customer; .
3.3 Changes with only an insignificant impact on the services of the provider do not constitute changes in performance within the meaning of this clause. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.
4) Conclusion of contract
4.1 The services described on the website of the provider do not constitute binding offers on the part of the provider, but serve to submit a binding offer by the customer.
4.2 The customer can submit the offer via the online order form provided on the website of the provider. In doing so, after entering his personal data, the customer submits a legally binding contractual offer in relation to the selected services by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by telephone or by e-mail to the seller.
4.3 The provider may accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by requesting payment from the customer after submission of the customer's order
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer by the customer to run and ends with the expiry of the fifth day, which follows the sending of the offer. If the provider does not accept the offer of the customer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
4.5 When submitting an offer via the provider's online order form, the contract text will be stored by the provider after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Provider shall not make the text of the contract accessible beyond this. If the customer has set up a user account for the website of the provider before sending his order, the order data will be archived on the website of the provider and can be accessed free of charge by the customer via his password-protected user account by providing the appropriate login data.
4.6 Before binding submission of the order via the online order form of the provider, the customer can identify 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
4.7 The German and English languages are available for the conclusion of the contract.
4.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, 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 by the provider to process the order can be delivered.
5) Right of withdrawal
Consumers have a right of withdrawal according to the following definition, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason..
The withdrawal period is fourteen days from the date of conclusion of the contract..
To exercise your right of withdrawal, you must inform us (PTB-Medien, Julian Pohl, Hollander Weg 4 C, 26506 Norden, Germany, Tel.: +49 4931 1734881, Fax: +49 3212 1002311, E-Mail: [email protected]) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract.
You can use the attached sample cancellation form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice about the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation.
If you revoke this contract, we are obliged to pay back the full amount of the purchase price without delay and at the latest within fourteen days from the day on which we received the notification of cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract..
Exclusion or early extinguishment of the right of withdrawal.
The right of withdrawal expires prematurely if we have fully performed the service and we have only started to perform the service after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us..
B. Cancellation form
If you wish to cancel the contract, please fill out this form and return it.
. Julian Pohl
Hollander Weg 4 C
Fax: +49 3212 1002311
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) ____________ / received on (*) __________________
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (paper notice only)
(*) Delete as applicable
6) Obligations of the customer
6.1 The content stored by the customer on the storage space designated for him may be protected by copyright and data protection laws. The customer grants the provider the right to make the content stored by him on the server accessible in the event of queries via the Internet, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup. The customer shall check on his own responsibility whether the use of personal data by him satisfies data protection requirements.
6.2 The customer undertakes not to store any content on the storage space provided that violates applicable law or infringes the rights of third parties. Furthermore, the customer shall ensure that programs, scripts or similar installed by him do not endanger the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider.
6.3 The Customer shall indemnify the Provider against all claims asserted by third parties against the Provider for infringement of their rights due to content stored by the Customer on the server. In this regard, the Customer shall bear the costs of the necessary legal defense, including all court and attorney's fees in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the provider immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
6.4 In the event of an imminent or actual breach of the above obligations, as well as in the event of the assertion of not obviously unfounded claims by third parties against the provider due to the content stored on the server, the provider is entitled, also taking into account the legitimate interests of the customer, to temporarily discontinue the connection of this content to the Internet in whole or in part with immediate effect. The provider will inform the customer about this measure immediately.
6.5 If programs, scripts or similar installed by the customer endanger or impair the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider, the provider may deactivate or uninstall these programs, scripts, etc.. If the elimination of the threat or impairment requires it, the provider is also entitled to interrupt the connection of the content stored on the server to the Internet.
6.6 For access to the storage space intended for the customer, the customer receives a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to those persons who have been authorized by him to access the storage space.
7) Remuneration and payment terms
7.1 Unless otherwise stated in the service description of the provider, the prices quoted are total prices that include the statutory sales tax.
7.2 The payment options and payment methods are communicated to the customer on the website of the provider.
7.3 The remuneration shall be debited from the customer's bank account at the agreed billing intervals by direct debit (debit note). For this purpose, the Customer shall grant the Provider a direct debit mandate (SEPA) that can be revoked at any time. If the direct debit is not honored due to lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees incurred by the chargeback of the respective credit institution if he is responsible for this.
7.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
7.5 - Credit card payment via Stripe
When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to perform a credit check and to reject this payment method in the event of a negative credit check.
8) Contract duration and termination
8.1 The contract is concluded for an indefinite period, but at least for the duration of the period selected in the ordering process (minimum term). During the minimum term, the contract can be terminated with a notice period of two weeks to the end of the minimum term. If the contract is not terminated in due time, it shall be extended in each case by the period selected in the ordering process and can then be terminated again in each case with a notice period of two weeks to the end of the respective contract period.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.
8.3 Terminations shall be made in writing or in text form (e.g. by e-mail).
9.1 The Provider shall be liable for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
9.1.1 The Provider shall be liable for any legal reason without limitation
- in the event of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
9.1.2 If the Provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the Customer may regularly rely.
9.1.3 In all other respects, liability on the part of the Provider is excluded.
9.1.4 The above liability provisions shall also apply with regard to the liability of the Provider for its vicarious agents and legal representatives.
10) Amendment of the TOS
10.1 The provider reserves the right to change these TOSat any time without giving reasons, unless this is not reasonable for the customer. The provider will notify the customer of changes to the TOS in text form in a timely manner. If the customer does not object to the validity of the new TOS within a period of four weeks after notification, the amended TOS shall be deemed accepted by the customer. In the notification, the Provider shall inform the Customer of his right to object and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original terms and conditions.
10.2 The provider also reserves the right to amend these TOS,
- insofar as he is obliged to do so due to a change in the legal situation;
- insofar as he thereby complies with a court judgment or an authority decision directed against him;
- if he introduces additional, entirely new services, services or service elements that require a description of services in the terms and conditions, unless the previous user relationship is thereby changed adversely;
- if the change is merely advantageous for the customer; or
- if the change is purely technical or procedural, unless it has a significant impact on the customer.
10.3 The customer's right of termination remains unaffected by this.
11) Applicable law, jurisdiction
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
12) Alternative dispute resolution
12.1 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 contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
12.2 The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.