 General Terms and Conditions (AGB) of the Keyweb
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1. Generalities
The following terms and conditions (AGB) are part of every contract (in written or electronic form) placed with the Keyweb Incorporation Germany (Keyweb AG). Different AGB of international contractual partners will not be part of any contract. Additional Agreements are obligatory if they´ve been ratified via letter post. Verbal declarations are basically non-binding. The contracting partner have to be 18 years old. |
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| 2. Services 2.1
In the Keyweb computer centers all the servers are bound
to various backbones by a complex system of architecture.
The entering and exiting data traffic is released or received
by Routers, Switches etc. through different routes of lines.
2.2 The network availability averages 99% at the
center of the year till handing it over to the Internet.
The customer is alluded that there are limitations or interferences
which are out of the sphere of influence of Keyweb. This
contains espiecially times where servers hardly can or cannot
be reached due to technical or other problems which the
sphere of influence of Keyweb does not include. Keyweb is
engaged to take every measure to guarantee working process
and integrity of the net. Therefore Keyweb is authorized
to temporarily take the determined server of the net or
restrict it´s services.
2.3 To assure guaranteed availability it is necessary to accomplish maintenance works at the infrastructure of the net. To achieve this Keyweb is allowed to momentarily cut or limit services. It is relevant to do these works in order to the customer´s interests. If this is not possible as a cause of a longer period of working on the server Keyweb will inform the customer about kind, magnitude and remaining time of the restriction. If there are unpredictable incidents which do not allow Keyweb to give information Keyweb is authorized to inform the customer extensively if this cannot cause a deceleration of eliminating the restriction. |
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3. Offer / Contract / Cancellation
Offers and prices come without engagement. Requests count as received in order of effectivity of law when the bill is handed out to the customer. Additional Agreements are obligatory if they´ve been ratified via letter post (not via e-mail). The calculation happens according to the itimized bill of valid prices. Those can be changed with an advance notice of 14 days. Firstly the agreement is closed for one month and can be terminated in written form every time in a time limit of 14 days till the end of the contract. Send us a signed cancellation via post, fax or as a pdf file. We cannot accept a cancellation via e-mail. You will receive a written confirmation of the receipt of the cancellation. There you find the date of the end of the contract. |
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4. Prices / Conditions Of
Payment
The account / itimized bill normaly happens after contributing services and / or delivering the ware e.g. handing over of access data. The Payment basically results from the arranged payment method (debit / credit card / transferal-bill). The payment period contains 7 days after deductions. Decisive are the days of receipting the payment. Checks are valid after credit entry / value. If exceeding the time of payment we are authorized to calculate conventional banking interest. In case of delay of payment the customer has to incur all of the open accounts. In case of return of a correct debit administrative charges and resulting kank charges will be raised. If we doubt the facility of payment of a purchaser we may demand prepayment. If the purchaser is in recess of his obligations unless otherwise claims we are entitled to dismiss deliverances and to lock the account. Thus resulted charge we may invoice and potentially demand compensation. Our services contain an e-mail support espiecially for maintenance of the account / server. |
4.1 Rebates
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When prepaying 6, 12 or 24 months Keyweb gives a discount
of 20 % to the customer. If the contractual relationship should
be finished before ending of the prepayed months for any reason
the customer cannot claim any reimbursement for the remaining
termtime. A cancellation on our part only is possible when
there has a huge breach of these ABG´s happened by the
purchaser. In such case the account will be disabled immediately.
- Action prices are valid exclusively for new orders if not Action prices are valid exclusively for new orders if not differently proven differently .
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| 5. Attendances, Contract
Period, dFlat
With the acceptance of the order and the assignment of storage
location and password a contract comes off over the use
of our services. This will be calculated according to contractual
arrangements between Provider and customer. The contract
will be concluded depending on appointment
a. when ordering storage space for one month
with a terminating limit of 14 days towards the end of the
month and automatically extends one further month if noone
of both of the parties quits the contract.
b. when ordering a domain name for at least
12 months and extends automatically one further year if
noone of both of the parties doesn´t cancel the contract
at least 3 months before end of year.
c. Via dFlat it is possible to annul all traffic
interferences in almost all scales. With the dFlat there
are no incalculable extra costs guaranteed. Thus the customer
gains total ensurance of costs. Dflat is an extra product
which does not fall into the category of Keyweb rebate rules.
Each concluded contract is cancelable at the date mentioned
above. Contingent exceedance of contractual arranged storage
space size is calculated at the end of the month potentially
with previous installment. |
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6. Domain Names
Domain names get calendared at a certain NIC by Keyweb or
authorized partners. Data for registrating domain names will
be transmitted to the particular NIC by an automized method.
The customer can only assume actual availableness and affiliation
of the bame if it is confirmed by the certain NIC or by us.
Any guarantee and liability for the ordered domain name is
not able on the part of Keyweb. |
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7. Warrentee / Guarantee
/ Data Protection
Search Engine Registration
Homepages, domain names, websites of the internet get mechanically
registered according to the purchase order. There is no guarantee
for every service will accept registered homepages, domain
names, websites. The payment of the compensation stays untouched.
Webspace
The customer sets the Keyweb AG free of any claims of a third
party according to abandoned data. Keyweb AG is not responsible
for any data saved on the server / account.
SWhen data is transfered to the server / account the customer
creates backups.
For caress of his offering the customer gets a login name
and a login password. He is engaged to treat it confidentially
and is liable for any misusage resulting from any unjustified
usage of the password. The customer is informed that there
is a possibility of putting a trace on transmitted data because
of the structure of the internet. The customer takes this
risk. The Keyweb AG is not liable for any violation of the
confidentiality of e-mails or otherwise transfered data.
The Keyweb AG does not take any guarantee for the server /
account being appropriate or permanent available for a certain
service. The service of Keyweb is setting the account / server.
We cannot be liable for interferences due to the internet.
Furthermore we assume no liability for damages or consequencial
damages directly or indirectly resulted by the account / server.
Liability and claim for damages are limited to the amount
of the assignement yet max. 500 €. |
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8. Published Contents /
Saved Data
The customer sets Keyweb free from any liability for the content
of transmitted websites on the account / server. He will not
violate any trademark, patent or other rights of third parties.
The customer himself is responsible for the content of the
sites. Keyweb is allowed to cancel the contract without notice
and lock the account / server immediately if the content of
the sites breaches applicable law, illustrates a third party
in a negative way or results public trigger. Keyweb is not
dutybound to check the customer´s data. We are authorized
to disable the offer of the purchaser instantly if he arranged
things on his server which influence the operating behaviour
of the server or take up more than 20 % of the system capacity
/ system resources. Further on we do not tolerate own chat
systems IRC / IRC-Bots ( it only applies to shared server)
without having agreed in a written form per letter post (not
via e-mail). Also we do not permit pure download, video, file
sharing of portals as well as streaming server except you
have got a written permission of our enterprise. The customer
pledges himself not to initialize promotional circulars or
mass-mailings (mailing actions) without being summoned to
by the e-mail receivers. In terms of the upper paragraph a
reseller / purchaser is responsible for the webspace accounts
of his own customers. Violatins lead to instant disabling
of the account / server. Illegal contents e.g. child pornography
will be made a report of at competent authorities without
warning. |
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9. Applicable Law
For the warrantee condition and the whole justice relation
between seller and purchaser obtains the right of the Federal
Republic of Germany. |
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10. Revocation
End-consumers may revocate the contract within 2 weeks after
entry of the confirmation of the order. The right of withdrawal
drops out when we start to fulfill services due to an explicit
agreement of the customer or when he starts to make active
use of our services. To ensure a time limit it will suffice
to send a revocation in due time to: Keyweb AG, Neuwerkstraße
45 / 46, 99084 Erfurt. |
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11. Legal Venue
Place of completion and legal venue is Erfurt if our claims
will be asserted in a dunning procedure; moreover Erfurt is
legal venue of fully-qualified traders. For the warrantee
condition and the whole justice relation between seller and
purchaser obtains the right of the Federal Republic of Germany. |
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