Conditions

Status: September 2022

1. Scope

1.1 The following general terms and conditions govern all legal agreements between Webboost365, hereinafter referred to as "Webboost365", and its contractual partner, hereinafter referred to as "customer". The general terms and conditions of the customer are expressly not taken into account. This regulation also applies if Webboost365 does not explicitly object to the inclusion of the customer's general terms and conditions

1.2. The customer confirms that he uses the services of Webboost365 exclusively as an entrepreneur according to § 14 BGB in connection with his business or self-employed professional activity.

1.3. The customer will be informed in writing of any adjustments to these terms and conditions. These adjustments will be considered accepted if the customer does not object in writing. An objection on the part of the customer must be sent to Webboost365 within four weeks of notification of the changes. If an objection is submitted in good time, the contract will remain in place under the previous conditions.

2. Conclusion of the contract

2.1. A contractual relationship with Webboost365 is established by signing on site (digitally on a tablet or laptop), by sending a signed contract by fax, e-mail or post or by placing an online order and the subsequent confirmation of the order by Webboost365.

3. Storage of the text of the contract

If a contract is concluded online, Webboost365 does not save the contract text of the order. Nevertheless, the customer usually has the option of saving the contract text before sending the order by taking steps such as screen prints, browser history or screenshots.

4. Data

The customer releases Webboost365 from any third-party claims in relation to the data provided. Webboost365 cannot be held responsible for data loss, unless this is done intentionally or through gross negligence. If the customer is not at fault or provided that Webboost365 is responsible for this, the customer is obliged to resend all necessary data to Webboost365 free of charge.

5. Scope of Services

5.1. The services to be provided by Webboost365 are either defined in this contract, described in the offer on the website https://www.webboost365.com/ or listed in the tariff overview attached to the order confirmation.

5.2. The availability of the services provided is only guaranteed up to the interface to the Internet. Nevertheless, availability restrictions may occur that are beyond Webboost365's sphere of influence.

5.3. Graphic design is property of Webboost365. This regulation does not affect liability. The customer does not have the right to receive the source code of the websites created by Webboost365 or to the publication of the graphics created by Webboost365, either during the contract period or after the end of the contract.

5.4. The content required for the creation of the website (such as text, images, logo) is provided by the customer. The customer is responsible for ensuring and ensuring that he owns all rights, in particular copyrights, to the content he has transmitted to Webboost365. The customer releases Webboost365 from any claims and expenses that arise due to a violation of rights by third parties due to the content provided by the customer. Webboost365 does not guarantee the content provided by the customer. If the customer does not want to use their own content, Webboost365 can create this for a fee.

5.5. Based on the customer's wishes and ideas, Webboost365 designs the customer's website and provides him with a draft. The customer can communicate change requests free of charge by e-mail in accordance with the service description applicable at the time the contract was concluded. Any changes beyond the tariff are subject to a fee unless Webboost365 is responsible for the need for the change. A comprehensive redesign or a rebuild of the website is not included in the services and can be ordered separately.

5.6. After the customer has approved the design of the website, Webboost365 will put the website online. The customer is responsible for checking the factual and content-related correctness of the website and must notify any necessary or desired changes. If there is any uncertainty as to whether a change within the agreed tariff is possible, Webboost365 is responsible for the decision. Changes that are necessary due to Webboost365's responsibility will be made free of charge, while any other changes will incur a charge.

5.7. Webboost365 reserves the right to reject change requests from the customer if these are unreasonable for technical or temporal reasons, the number of changes exceeds an acceptable scope or the change requests do not correspond to the content specified in the General Terms and Conditions. The customer will be informed of the rejection of a change request by email or telephone.

5.8. After the website has been finally completed, no further changes are possible. However, the customer has the option of ordering separate services (see Section 9).

5.9. The technical operation and maintenance of the internet storage space are included in the offer. Content maintenance of the website can be booked by Webboost365 for a fee. A term of 12 months and a notice period of 1 month to the end of the term apply.

6. Customer Cooperation

The success and the quality of the advertising impressions generated by Webboost365 as well as the rapid completion of the website and any additional services largely depend on the quality and punctuality of the customer's cooperation. In order to ensure an efficient process for both sides, the customer is obliged to send the required data and information by email to [email protected] immediately after receiving the relevant notifications. If the website or an additional service cannot be completed or cannot be completed on time due to circumstances for which the customer is responsible, this has no effect on the customer's payment obligation, in particular not on its beginning.

7. Domain and Email

7.1. If the subject of the contract is domains, the following conditions also apply. The various top-level domains ("suffixes") are managed by many different organizations, often at a national level. Each of these organizations, which is responsible for the domain assignment, has its own conditions for the registration and administration of the top-level domains and the associated sub-level domains. These terms also cover the procedure for domain disputes. If top-level domains are part of the contract, the respective allocation conditions of the corresponding organizations also apply. Information about the current policies and conditions can be viewed there.

7.2. When procuring and/or maintaining domains, Webboost365 acts as an intermediary on behalf of the customer vis-à-vis the respective domain allocation organizations, not in its own name. Webboost365 has no control over the allocation of requested domains and their freedom from third-party rights or their long-term stability, which is why no guarantee can be given for these aspects.

All requested domains that have been allocated to the customer are the subject of this contract. If individual domains are terminated due to termination by the customer or due to binding decisions in domain disputes, there is no entitlement to free replacement domains.

Webboost365 can only activate a domain after receipt of the agreed registration fees. If the customer discovers that his domain has been lost, he must inform Webboost365 immediately.

If the customer intends to buy back his domain from a third party, he is obliged to inform Webboost365 immediately about the negotiations with the third party. In addition, he must grant Webboost365 the right of first refusal for the repurchase, provided this does not unreasonably affect the interests of the customer.

After termination of the contract, Webboost365 can release the customer's domain, whereby all rights of the customer from the registration expire. If third parties assert claims against Webboost365 for actual or alleged infringements, Webboost365 is entitled to hand over the customer's domain to the registrar's care immediately and to block the customer's online presence.

The customer is obliged to carry out a check for possible legal violations before applying for a domain. By ordering the domain, this check is considered completed. If the customer loses his rights to the domain, he must report this immediately. Changes to the requested domain after registration with the respective registrar are not possible. If changes are desired, a processing fee will be charged after consultation and confirmation.

7.3. If an e-mail function is included in a selected Webboost365 tariff, the number of e-mail addresses, the storage capacity, the maximum reception size and the type of access to the e-mail inbox vary depending on the selected product variant. It is the customer's responsibility to independently manage all content (such as e-mails, forum posts, mailing list posts, etc.) created by him or via his access data.

8. Liability

8.1. Webboost365 reserves the right to expand, adjust, remove or make improvements to the services provided. This is done in particular with regard to technical progress, to avoid misuse or when it is deemed necessary. Should the technical, legal or business conditions change and the fulfillment of the contractual services in connection with the offer or part of the offer be significantly impaired, Webboost365 reserves the right to adapt the services offered, to discontinue them or to continue them for an additional fee .

8.2. Webboost365 will inform the customer in good time of any significant impairment in the sense mentioned above. In such a case, Webboost365 will either request a reasonable adjustment of the fee or make the necessary change. Alternatively, Webboost365 can stop providing the service after a reasonably announced period.

8.3. Unless the customer objects in writing within one month of the announcement of the changes or terminates the contract, the changes are deemed to have been accepted. Webboost365 will specifically point out this deadline and its consequences in the notification.

9. Privacy

The contractual partner agrees that data about his person can be stored, changed or deleted within the framework of the concluded contract. In addition, this data can be transmitted to third parties if necessary. This applies in particular to the transmission of information required for registering or changing a domain (Internet address).

10. Terms of Payment

The billing of the fees starts when the contract is concluded and at the latest after the website has been set up. By signing the contract, the customer grants Webboost365 a basic SEPA authorization to debit all amounts due by direct debit. If the customer does not make payments on time, Webboost365 reserves the right to suspend further services until the outstanding amount is settled. The resulting costs can be charged to the customer. If a direct debit is not redeemed, Webboost365 can charge a flat fee of EUR 5.99 plus VAT if the customer is responsible for this. The customer has the opportunity to prove that no damage has occurred or that it is significantly lower than the flat rate. If the customer wishes to object to the inaccuracy or incompleteness of an invoice, he must do so no later than one week after receipt of the statement of account. If the customer asserts his objections in writing, it is sufficient if these are sent within the one-week period. Failure to raise objections in good time shall be deemed consent.

11. Trademark rights / copyrights

11.1. The customer bears full legal responsibility with regard to copyright protection, protection of minors, press law and the "right to one's own picture". In the case of publications that are created on customer request, only texts and images may be published or made available for publication for which the relevant usage rights exist and for which the necessary consent has been obtained from the people depicted. The copyright, trademark and copyright to all works created by Webboost365 remain with Webboost365.

11.2. Webboost365 is entitled to be named as the author on the copies and in publications about the product. A violation of this right to be named entitles Webboost365 to assert claims for damages.

11.3. The customer grants Webboost365 the non-exclusive, spatially and temporally unrestricted right to use the customer's company name, including the website and logo, for reference purposes in sales and marketing, including linking (e.g. online, in brochures, publications).

12. Transfer of Rights

12.1. Webboost365 reserves the right to transfer its rights and obligations under this contract to one or more third parties (contract transfer). If a contract is taken over, the customer has the right to terminate the contract without notice without notice.

12.2. The customer is only permitted to transfer his rights and obligations under this contract to third parties with the prior consent of Webboost365.

13. Liability

13.1. The customer confirms that he is entitled to use and pass on the data he has provided (such as text, photos, logos and graphics) and that he complies with all applicable legal regulations. In addition, the customer assures that the data provided by him are free of third-party rights and are in accordance with applicable law. The customer bears full responsibility and liability for the content of his websites and indemnifies Webboost365 unrestrictedly and without limit of amount from any claims of third parties due to competition infringements, copyright infringements, infringements of name or trademark rights as well as other legal claims. Webboost365 is not obliged to check the content of the data provided by the customer.

13.2. Claims for damages against Webboost365 are excluded, unless they are based on intentional or grossly negligent behavior by Webboost365 itself or its vicarious agents. The period for asserting claims for damages is three years and begins from the point in time when the action that triggers the claim for damages took place. If the legal regulations lead to a shorter limitation period for Webboost365, these regulations apply.

13.3. Webboost365's liability is limited to the damage that is usual for similar transactions of this type and that was foreseeable at the time the contract was concluded or at the latest when the obligation was breached.

13.4. Webboost365 is not liable for indirect damage resulting from breaches of contract, unless these result from the breach of essential contractual obligations that are essential to the fulfillment of the purpose of the contract. In such cases, Webboost365 remains liable.

14. Term and Termination

14.1. The contract term is 12 months, which are referred to as the "basic term" and begin with the conclusion of the contract. Any free months granted result in the start of the basic term being postponed accordingly. If no termination is given by one of the parties with a notice period of one month before the end of the respective term, the contract is automatically extended by the selected basic term.

14.2. During the first year of the contract, all costs for the use of the websites, any domains and hosting included, use of the customer portal and technical maintenance are included. After this period, the monthly fee is €24.99 net. As a result, all the services mentioned above remain available. The first year of the contract begins either when the websites created by Webboost365 go online or at the latest one year after booking or moving the first domain.

15. Governing Law and Jurisdiction

15.1. The law of the Federal Republic of Germany applies to the contractual relationship between Webboost365 and the customer as well as to the terms and conditions, whereby the UN Sales Convention (CISG) is excluded.

15.2. The jurisdiction agreement is equally binding for both domestic and foreign customers.

15.3. Place of jurisdiction is Berlin.

16. Miscellaneous Provisions

16.1. Additional agreements to this contract were not made verbally.

16.2. If a provision of this contract is or becomes invalid, this does not affect the validity of the rest of the contract. In such a case, the parties undertake to replace the ineffective provision with a provision that comes closest to the economic purpose.