Sales: +49 (0)209 9581858
General Terms and Conditions of MaxterHost Internet Solutions, Proprietor Emanuel Stefan Popescu
1. Validity of Conditions
1. Deliveries and services, as well as any business transactions through the regular business operations of the proprietor Emanuel Stefan Popescu – hereafter "MaxterHost Internet Solutions" – provides services solely on the basis of these General Business Conditions. Deviating purchase- or other conditions by the other party to the contract are hereby expressly excluded.
2. Ancillary agreements, assurances and other arrangements, as well as changes or additions to the contract, require written confirmation to take effect.
2. Contract Fulfillment
1. By signing the contract, the client provides MaxterHost Internet Solutions with an offer for a contractual agreement. He will be bound to this offer for the duration of 1 week after receipt of the contract by MaxterHost Internet Solutions.
2. The contract takes effect if MaxterHost Internet Solutions, within that time, confirms acceptance of the contract in writing, or has begun with the actual performance of the contracted duties.
3. Offers made by MaxterHost Internet Solutions are always subject to change and non-binding. MaxterHost Internet Solutions can make the finalization of the contract dependent upon written proof of authorization, pre-payment, or guarantee of a German bank.
3. Termination
1. As long as not stated otherwise in the contract between the parties, the contractual relationship can properly be terminated after expiration of a stipulated minimal duration, with a notice of 1 month to the end of the contract month. Varying notice limits may exist for special or promotional offers (specifically offers with annual payment schedules), as long as they are pointed out on the websites or in the actual offer. The right to extraordinary termination under special circumstances is hereby not affected.
2. To take effect, terminations require notice in writing, via fax, or electronically through the customer center at https://www.maxterhost.com/billing.
4. Duties of MaxterHost Internet Solutions / Scope of Services
1. MaxterHost Internet Solutions offers the client access to an existing communications infrastructure, the availability of storage space on a server, use of value-added services, maintenance and administration of computers and communications infrastructures. Details and scope of services result conclusively from the agreed-upon rate.
2. Inasmuch as MaxterHost Internet Solutions provides additional services outside of the contractual agreement for free, those may be discontinued at any time. No liability, claims for damages or rate reductions or right to termination arise from this.
3. MaxterHost Internet Solutions reserves the right to change, reduce, or supplement the contracted services, or to restrict access to individual services, if this does not, or not considerably, impact the fulfillment of the contract with the client. The clients must be notified in advance.
5. Duties and Obligations of the Client
1. The client is obligated to properly utilize services provided by MaxterHost Internet Solutions. He is specifically obligated to,
a) immediately inform MaxterHost Internet Solutions of changes of the contractual basis;
b) not improperly utilize, or allow unlawful actions through, the availability of MaxterHost Internet Solutions services. The client is specifically prohibited from
- unauthorized use of services of other subscribers to MaxterHost Internet Solutions services,
- unauthorized use of services not specified in the contract between MaxterHost Internet Solutions and the client,
- decoding, reading or altering passwords, emails or the like, of other subscribers to MaxterHost Internet Solutions services or the system administrator,
- unauthorized sharing of individual applications of licensed software through MaxterHost Internet Solutions services,
- interrupting or blocking communications services, for example, by means of overloading, insofar as the client is responsible,
- distribution of, or making available, any unlawful content through MaxterHost Internet Solutions - services,
- this specifically applies to content which is pornographic, promotes violence, or is aimed against the free democratic constitution or international understanding, as well as propaganda and features of unconstitutional parties and societies or their substitute organizations,
- to obtain, for him or a third party, pornographic content which entails the sexual abuse of children.
- In case of breach of contract (specifically the above mentioned points), the client will compensate MaxterHost Internet Solutions for any material and personnel cost, as well as any incurred expenses.
d) be accountable for applicable privacy laws and accepted basics of data protection, and to adhere to them;
e) immediately communicate noticeable defects or damage to MaxterHost Internet Solutions (Disruption Notices), and to make every effort to enable the determination of the defects and damages and their cause, or facilitate and accelerate the removal of the disruption.
f) compensate, after remitting a Disruption Notice, MaxterHost Internet Solutions for costs incurred from the testing of its facilities, if it is established after such testing that the disruption occurred within the area of the client's responsibility (outside of the defined contract and service scope).
2. If the client is found to be in violation of duties as outlined in paragraph 1 b) and c), MaxterHost Internet Solutions has the immediate right to terminate the contract without notice (in all other cases this right applies after unsuccessful warnings).
3. Details of user collaboration can be agreed to in the form of partnership-based user regulations.
4. In case of paragraph 1 c), MaxterHost Internet Solutions has the right, aside from the right to contract termination without prior notice, to block the client's access to any services arising from the scope of duties immediately after being made aware of such a breach.
6. Use through Third Parties
1. Direct or proximate use of MaxterHost Internet Solutions services by third parties is permitted. The client may use, sell, and sublet services for his purposes. He is obligated to initiate third parties in the proper application of the services. The client is responsible to MaxterHost Internet Solutions for contractual compliance by third parties in the same manner as he is for his own compliance.
2. The client also must pay compensation for costs incurred through third parties, through the use or availability of the resources provided to him. The same applies in case of unauthorized use through third parties, unless the client can prove that the unauthorized use resulted from bypassing or suspension of MaxterHost Internet Solutions' security measures, and for which he's not responsible.
7. Compensation
1. Unless otherwise agreed to, MaxterHost Internet Solutions will bill the client for the agreed-upon services at the applicable rates or fees and conditions, including the legally mandated value-added tax, currently 19%. Invoicing of fixed rates will occur monthly in advance, in case of usage-dependent compensation, at the beginning of the following month. The accrued fees will be due immediately and without subtractions. The payment amount must be credited to the account of MaxterHost Internet Solutions within 5 days of receipt of the invoice.
2. If fees are dependent on usage for parts of a calendar month, they will be calculated and invoiced at a per diem of 1/30th of the monthly fee.
3. Line and communications expenses (telephone costs) between the client and connecting point at MaxterHost Internet Solutions are the responsibility of the client. Inasmuch as special costs arise from a connection through the website of MaxterHost Internet Solutions (i.e. terminal adapter, exclusive modem-availability, etc.), they will be billed to the client in a separate invoice.
8. Offsetting- and Retention Rights, Interruption of Service
1. The client can only charge against claims by MaxterHost Internet Solutions through undisputed or legally determined claims. The client is entitled to assert the right of retention only as a result of such counterclaims as arises from the same contractual relationship as the claims against which the right of retention is being asserted.
2. Claims for compensation due to delivery- and service disruptions are precluded, insofar as MaxterHost Internet Solutions is not responsible due to intent or gross negligence.
3. If a substantial disruption of MaxterHost Internet Solutions services lasts longer than one week, and an actual loss of more than one workday ensues, the client has the right to accordingly reduce monthly compensation and fees from the time of the disruption's beginning to its end. A substantial disruption occurs when
a) the client, due to reasons for which he's not responsible, or for which third parties are responsible, is unable to avail himself of MaxterHost Internet Solutions' infrastructure, and is therefore unable to utilize the services outlined in the contract and
b) use of these services is substantially hindered, or the use of services listed individually in the contract becomes impossible or similar limitations occur.
4. In case of loss of services due to a disruption outside of the area of responsibility of MaxterHost Internet Solutions, reduction is precluded. The same applies for loss of services due to necessary business interruptions, as outlined in number 10 of the General Business Conditions.
9. Payment Default
1. In case of payment default, MaxterHost Internet Solutions has the right to demand interest in the amount of 5 percentage points above the respective statutory annual base interest rate. If MaxterHost Internet Solutions can prove a higher loss, then MaxterHost Internet Solutions has the right to a claim for that amount.
2. MaxterHost Internet Solutions can extraordinarily terminate the contractual relationship without notice, or exercise its right of retention of incumbent services, specifically domain access, the server connection to the net, or disconnection of the client's service line, if the client is in default with partial or whole payment for over a month, has been warned with a payment deadline by MaxterHost Internet Solutions, and has been advised of the possible results of termination and the right of retention.
3. MaxterHost Internet Solutions reserves the right for the enforcement of additional claims.
10. Availability of Services
MaxterHost Internet Solutions provides its services 24 hours a day, 7 days a week. Necessary business interruptions for maintenance will be communicated as soon as possible. MaxterHost Internet Solutions will remedy disruptions of its technical facilities as soon as possible within the framework of existing technical and operational possibilities.
11. Confidentiality / Data Protection
1. The party to the contract is herewith advised, according to § 33 section 1 of the Federal Data Protection Act (BDSG), that MaxterHost Internet Solutions processes personal data in electronic form and for purposes arising from the contract.
2. Inasmuch as MaxterHost Internet Solutions utilizes a third party to provide the services offered, MaxterHost Internet Solutions reserves the right to disclose user data under observance of the regulations in § 28 of the Federal Data Protection Act (BDSG). In addition MaxterHost Internet Solutions reserves this right in cases where determination, limitation and elimination of disruptions and errors in its equipment, as well as in applicable third party equipment, necessitate the transmission of data.
3. MaxterHost Internet Solutions explains that its employees performing duties in the framework of the contract are bound by the privacy laws according to § 5 of the Federal Data Protection Act (BDSG), and that MaxterHost Internet Solutions took the technical and organizational measures mandated by § 9 of the Federal Data Protection Act (BDSG), to ensure adherence to the regulations of the Federal Data Protection Act (BDSG).
12. Liabilities and Limitations
1. MaxterHost Internet Solutions is liable for material and legal defects according to legal mandates. If only commercial merchants are involved in the contract, then §§ 377 ff. of the German Commercial Code (HGB) apply in addition.
2. Outside of liability for material and legal defects, MaxterHost Internet Solutions is liable without limitations, as long as the loss results from intent or gross negligence. MaxterHost Internet Solutions is also liable for slight negligence of essential duties {duties whose neglect endangers contract fulfillment), and for the breach of cardinal obligations (duties which make possible the proper fulfillment of the contract, and in whose performance the client routinely trusts), but only for foreseeable, contract-typical loss or damage. MaxterHost Internet Solutions does not assume liability for slight negligence of other duties.
3. The liability limitations in paragraph 2 do not apply in case of injury to life, body or health, to a defect after assumption of a guarantee of a product's condition, and in case of fraudulently withheld defects. Liability in accordance with the Product Liability Act is unaffected.
4. If liability by MaxterHost Internet Solutions is precluded or limited, then this is also valid for the personal liability of its employees, representatives and temporary staff.
5. The client is liable for all consequences or disadvantages affecting MaxterHost Internet Solutions or third parties through improper or illegal use of MaxterHost Internet Solutions' services, or because the client is unable to fulfill his other obligations.
13. Final Provisions
1. Place of performance for all contractual services is the head office of MaxterHost Internet Solutions at Franz-Bielefeld-Str. 27, 45881 Gelsenkirchen, Federal Republic of Germany.
2. Contracts that are initiated based on these General Business Conditions, are subject to German law. Regulations of the UN Convention for the International Sale of Goods (CISG - UN Kaufrecht) are excluded, as far as possible.
3. With regard to commercial merchants, the head office of MaxterHost Internet Solutions shall be the jurisdictional seat for all claims and disputes from this contractual relationship. This also applies with regard to legal entities in the public law sector or a special trust under public law. MaxterHost Internet Solutions also reserves the right to file a claim in the client's jurisdiction.
4. Should an individual provision of these General Business Conditions become void, ineffectual, or impossible to execute, partially or as a whole, the validity of the remaining provisions shall not be affected. Moreover, both parties will replace the ineffectual provision with another, applicable to the purpose of the agreement or at least coming close as a substitute, which the parties would have agreed to, had they been aware of the ineffectual nature of the provision. The same applies correspondingly to the incompleteness of the provisions.
14. Revocation Policy
1. Right of revocation
You can revoke your contractual statement within 14 days, without stating reasons, in text format (e.g. by letter, fax or e-mail). The period begins upon receiving this notification, however, not before the conclusion of the contract and also not before the fulfilment of our information duties according to article 246 § 2 in conjunction with § 1 clause 1 and 2 of the Introductory Act to the German Civil Code (EGBGB).
The punctual dispatch of the revocation suffices to comply with the deadline. The revocation should be addressed to: Emanuel Stefan Popescu, Franz-Bielefeld-Straße 27, 45881 Gelsenkirchen, Germany
E-mail: cs@maxterhost.com
Fax: +49 (0) 209 9581859
2. Consequences of revocation
In the event of an effective revocation, the services rendered by each party shall be refunded and, if applicable, any profits gained (e.g. interest) shall be returned. This may mean that you meet the contractual payment obligations for the period up to the revocation. Obligations to reimburse payments must be fulfilled within 30 days. The deadline shall commence for you upon the sending of the revocation, for us upon its receipt.
Your right of revocation expires prematurely if the contract is completely fulfilled by both parties at your specific request, before you have practiced your right of revocation.
End of the revocation policy
15. Queries and complaints
Queries and complaints should be addressed to Emanuel Stefan Popescu, Franz-Bielefeld-Straße 27, 45881 Gelsenkirchen, Germany
Last update: 04.12.2010
