Attention: This text has been automatically translated from German. This translation is for information purposes only. You can find the legally relevant original text on the German version of this website.
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Attention: This text has been automatically translated from German. This translation is for information purposes only. You can find the legally relevant original text on the German version of this website.
Stefan Hollmann, Die-Weingut-Website.de, Herchenbachstraße 9, 40470 Düsseldorf (hereinafter referred to as "Provider")
1.1 The Provider shall provide the Customer with a database-supported web application (hereinafter referred to as the "Web Application") and hosting services (hereinafter also referred to as the "Services") via the Internet, with the help of which the Customer can create so-called e-labels for wines including QR codes. Details of the services owed may be found in the service description. service description.
1.2 The Provider shall provide these services in accordance with the respective state of the art and on the basis of these GTC. and on the basis of these GTC. The Provider recognizes any GTC that deviate from these used by the customer are expressly not recognized by the provider - subject to express expressly not recognize them.
1.3 The services offered by the Provider are aimed exclusively at entrepreneurs within the meaning of of § 14 BGB (German Civil Code) (natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional professional activity) and to freelancers. No contracts are concluded with consumers within the meaning of § 13 BGB.
1.4 The Provider is entitled to subcontract the necessary services in its own name and for its own account services to subcontractors (e.g. hosters), who in turn may also use subcontractors. may also use subcontractors. The Provider shall remain the sole contractual partner of the Customer. Third-party contractors shall not be used if it is apparent to the provider that their use is contrary to the legitimate interests of the customer.
2.1 The Provider shall provide the Customer with a database-supported web application (hereinafter referred to as the "Web Application") via the Internet, with the help of which the Customer can create so-called e-labels for wines, including QR codes. The customer can enter his own content about his company and certain products (wine and products (wine and wine products) and, as a result, create special websites, so-called e-labels with nutritional and ingredient information on their wines and wine products online. Before going online, the customer has the opportunity to test the e-labels in a preview to check their correctness and functionality. The customer must check the online e-labels and the associated QR codes for correctness and functionality. correctness and functionality and to change them if necessary. Any errors must be reported to the provider immediately.
2.2 If the customer wishes to have the provider enter the content into the web application, this may be agreed in an individual contract. The provider shall only be responsible for the technical integration of the content. In any case, the content must be provided by the customer and checked for legality.
2.3 The customer receives a simple, non-exclusive and non-transferable right to use the web application use of the web application as intended for the entire term of the contract.
2.4 The web application is provided with the scope of functions described in the respective package/tariff. made available. Individual functions (additional functions) are not owed, but can be agreed separately be agreed separately if necessary. The provider is not responsible for maintaining the customer's content. The current scope of functions of the web application can be found in the current service description. service description.
2.5 Subject to deviating individual agreements, the Provider is not responsible for the integration of the integration of the customer's content. In particular, it is not responsible for the products, the imprint, the data protection declaration or food or consumer law information. The provider is only responsible for technically enabling the customer to integrate this content into the web application.
2.6 The customer is solely responsible for ensuring that the content entered by him (in particular images, texts, information relating to food or consumer law) comply with the legal requirements. In particular, he must ensure that no third-party rights are infringed by the integration. are infringed.
3.1 The Provider shall host the websites (e-labels) created using the web application. The customer is not entitled to host the websites created using the web application with another provider. another provider.
3.2 Unless otherwise agreed, the provider in its role as hoster assumes the administration and administration and management of the data insofar as this is necessary for hosting. The customer does not receive access to the administration backend of the hosting system.
3.3 The availability of the servers used by the Provider for the purpose of hosting is at least 99% on an annual average. Excluded from this are those times during which the servers are unavailable due to events beyond the control of the Provider (force majeure (force majeure, acts of third parties, technical problems, etc.).
3.4 Unless otherwise agreed, the customer is not entitled to the allocation of a fixed IP address for the fixed IP address for his created websites (e-labels). Technical or legal changes are changes are possible at any time and are reserved.
3.5 The customer is obliged not to disclose his passwords and other access data to third parties and to change them regularly. to third parties and to change them regularly. The customer is responsible for any misuse by third parties responsible for any misuse by third parties.
4.1 The Customer undertakes to pay the Provider for the provision of the web application the agreed agreed monthly fee plus statutory VAT for the provision of the web application. Unless otherwise otherwise agreed, the remuneration is based on the price list valid at the time the contract is concluded. price list of the provider and, depending on the agreement, is due monthly or annually in advance on the 1st working day of the relevant billing period. Depending on the price model, there may also be a set-up fee and separate costs for the creation of individual websites (e-labels).
4.2 The Provider is entitled to regularly adjust its prices to the extent that its own costs for providing the service increase. own costs for the provision of the service increase. Existing customers shall be informed of the price adjustment by e-mail at least one month before the change comes into effect. If the existing customer does not object within the deadline set in the notification of change in the notification of change, their consent to the change shall be deemed to have been given. The notification of of the intended price adjustment will refer to the deadline and the consequences of the objection or its its absence. If the customer does not agree with the price adjustment, he with the price adjustment, he may terminate the subscription extraordinarily at the time the price adjustment comes into force. terminate the subscription.
5.1 The Provider shall eliminate all software errors without delay in accordance with the technical software errors. An error is deemed to exist if the web application does not fulfill the functions specified in the specified in the service description, provides incorrect results or does not work properly in any other way functionally correct, so that the use of the web application is impossible or restricted.
5.2 Application or software errors shall be processed by the provider as part of the support service. Support services shall be provided for the purpose of the fastest possible processing via the communication channels provided for this purpose on the the provider's website or via the ticket system that may be available. available ticket system. Support requests are processed during regular business chronological order in which they are received by the provider during regular business hours. received by the provider. Urgent support requests outside regular business hours can be arranged for a separate fee.
Adjustments, changes and additions to the contractual services as well as measures and additions to the contractual services as well as measures that serve to identify and rectify malfunctions shall only temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons. is absolutely necessary for technical reasons.
7.1 The customer undertakes to refrain from uploading to the storage space provided any content that violates the law, official requirements or the rights of third parties on the storage space provided. on the storage space provided.
7.2 The customer is obliged to prevent unauthorized access by third parties to the protected areas of the of the web application by taking suitable precautions.
7.3 Notwithstanding the Provider's obligation to back up data, the Customer is responsible for for entering and maintaining the data and information required to use the services. responsible.
7.4 The customer is obliged to check his data and information for viruses or other harmful other harmful components and to use state-of-the-art virus protection programs for this purpose. virus protection programs.
7.5 The customer shall generate a password for access to the use of the services or change the initial password provided without delay. immediately change the initial password provided. The customer is obliged to keep the password secret and not to make it accessible to third parties.
7.6 The content stored by the customer in the storage space intended for the customer may be protected by copyright and data protection laws. The customer hereby grants the provider the right to make the content stored on the server accessible to the customer when he queries it via the Internet and, in particular, to reproduce and transmit them for this purpose and to be able to reproduce it for the purpose of data backup.
7.7 The customer is not entitled to make the web application available to third parties for use, whether for a fee or free of charge. free of charge for use. The customer is expressly prohibited from subletting the web application. expressly prohibited.
7.8 The customer must check the e-labels created and placed online as well as the associated QR codes for their correctness and functionality and to change them if necessary. Any errors must be reported to the Provider immediately.
Unless otherwise agreed, the customer expressly grants the provider permission to the business relationship with the customer for the purpose of self-promotion (references/portfolio) in an appropriate in an appropriate manner. In particular, the Provider is entitled to to advertise the business relationship with the customer.
The provider guarantees the functionality and operational readiness of the web application in accordance with the provisions of this contract. Insofar as a contract for work and services or a purchase contract exists the following applies with regard to the warranty for defects: An insignificant defect does not justify claims for defects. The choice of the type of subsequent performance lies with the supplier. The limitation period for defects and other claims is one (1) year; this shortening of the limitation period does not apply to claims arising from intent, gross negligence or from injury to life, limb or health caused by the or health due to the behavior of the provider. The limitation period shall not begin recommence if a replacement delivery is made as part of the liability for defects. In all other respects the statutory warranty for defects remains unaffected.
10.1 Claims for damages against the provider are excluded regardless of the legal grounds, unless the provider, its legal representatives or vicarious agents have acted with intent or gross negligence. or gross negligence. The provider shall only be liable for slight negligence if one of of the essential contractual obligations by the provider, its legal representatives or executive executive employees or vicarious agents. The provider shall only be liable for foreseeable damages, the occurrence of which must typically be expected. Essential contractual obligations are those obligations that form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely on.
10.2 The Provider shall not be liable for the loss of data to the extent that the damage is due to that the customer has failed to carry out data backups and thereby ensure that lost data can be ensure that lost data can be restored with reasonable effort. can be restored with reasonable effort.
10.3 The Provider shall be liable without limitation for damages caused intentionally or negligently injury to life, limb or health by the provider, its legal representatives or vicarious agents. legal representatives or vicarious agents.
10.4 The Customer shall indemnify the Provider against any third-party claims - including the costs for legal defense in their statutory amount - which are asserted against the provider due to illegal or non-contractual actions by the customer. This applies in particular to claims resulting from the infringement of third-party rights by the rights by the content provided by the customer.
11.1 The Provider is entitled to block the services if the Customer is in arrears with payment installment is at least 8 working days in arrears, stores illegal content on the storage space storage space available to him or makes the web application available to third parties contrary to the granted rights of use to third parties. In the event of blocking, the generated web pages and the web application shall not be accessible to the customer accessible to the customer or third parties.
11.2 The Provider shall also be entitled to immediately block the storage space/the application/the websites of the customer if there is reasonable suspicion that the stored data is illegal and/or data is unlawful and/or infringes the rights of third parties. Reasonable suspicion of illegality unlawfulness and/or an infringement of rights exists in particular if courts, authorities authorities and/or other third parties inform the provider of this. The provider must inform the customer of the block and the reason for it without delay. The block shall be lifted as soon as the suspicion is invalidated.
The use of the websites created with the help of the contractual web application is bound to the commissioning of the provider as host. The customer is not entitled to use the websites to a new host in the event of a change of host.
13.1 Unless otherwise agreed, the contract shall have a minimum term of 1 month and may be can be terminated by either party with a notice period of 1 month to the end of the term. terminated by either party. If the contract is not terminated in due time, the respective contract term is automatically automatically extended by a further 1 month. The contractual relationship begins with the application and registration by the customer or with the first payment.
13.2 The right of each contracting party to terminate the contract without notice for good cause remains unaffected. without notice. In particular, the Provider is entitled to terminate the contract without notice if the customer fails to make due payments despite a reminder and a grace period or violates the contractual contractual provisions regarding the use of the web application.
13.3 Upon termination of the contract, the right to use the web application and the hosting of the provider shall end. provider. Separate termination of the web application and hosting is not permitted. The customer's websites shall be irrevocably deleted from the provider's systems within 6 months of termination of the contract. irrevocably deleted from the provider's systems. It is the responsibility of the customer to data integrated into the web application before the contract is terminated.
14.1 The contracts concluded between the Provider and the Customer are subject to the substantive law of the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.2 If the customer is a merchant or has no general place of jurisdiction in Germany, the parties the parties agree that the registered office of the Provider shall be the place of jurisdiction for all disputes resulting from the present contractual relationship. Sentence 1 shall not apply if the exclusive place of jurisdiction is established for the dispute.
14.3 The Provider is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, the legal situation, market conditions or corporate strategy) and subject to a reasonable period of notice. Existing contractual partners will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing contractual partner does not object within the period set in the notification of change within the period set in the notification of change, its consent to the change shall be deemed to have been given. The The notification of the intended amendment to these GTC shall refer to the deadline and the consequences of the objection or failure to object.
Status: July 2023
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