General Terms and Conditions
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Greenmark IT GmbH) via the www.resellerinterface.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Registration as a user
Registration as a user is required to book and use our services. This is free of charge and does not lead to any obligations. As part of the registration process, a user account will be set up using the e-mail address you provide and the password you choose.
§ 3 Charging credit
(1) Unless otherwise agreed, it is necessary to top up credit in order to book and/or pay for our Internet services.
When you enter the offer to top up credit in the customer area (login), we submit a binding offer to conclude a contract.
(2) The contract for topping up credit is concluded via the online order form as follows:
You can access the online order form in the customer area (login).
In the online order form, select the desired amount and the payment method; finally, all the data for topping up the credit is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking all details again, changing them or canceling the order.
By submitting the order via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract for topping up credit is concluded.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(4) The service provision (activation of the ordered credit) takes place within 2 days after conclusion of the contract (in the case of agreed advance payment only after the time of your payment instruction). (5) The top-up credit can only be used for booking and/or paying for our Internet services.
You are entitled to a refund of the remaining credit after termination of the contract. Payment of the top-up credit during the term of the contract is excluded. For consumers, this only applies if the withdrawal period has expired or the right of withdrawal has lapsed.
§ 4 Formation of the contract
(1) We provide you with Internet services, in particular web hosting or server hosting (hereinafter referred to as “web hosting”) and domains. The scope of services results from the service package you have booked and the service description specified in the respective offer.
By placing the respective service offer on our website, we submit to you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the service description.
(2) The contract for the provision of Internet services is concluded via the online shopping cart system as follows:
The services intended for booking are configured and stored in the “Shopping cart”. You can call up the “Shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the “Checkout” or “Continue to order” button (or similar), you can enter your personal details and the terms of payment. Finally, all order data is displayed here as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the booking, you have the option of checking all details again, changing them (also via the “back” function of the Internet browser) or canceling the booking.
By submitting the booking via the corresponding button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 5 Provision of services for web hosting, obligations
(1) Our service obligations result from the service description of the respective web hosting offer.
Unless otherwise agreed, the service provision (activation of the booked service package, transmission of the access data) shall take place within 2 days of conclusion of the contract (in the case of agreed advance payment, only after the time of your payment instruction).
(2) Insofar as we grant you full and sole administration rights on the servers provided as part of web hosting, you are solely and exclusively responsible for the administration and security of your server.
You are obliged to install the necessary security software, to keep yourself constantly informed of any security vulnerabilities that become known and to close them independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.
(3) If we provide programs, you receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license terms.
(4) You are also obliged to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and third-party data are not jeopardized. In particular, you are prohibited from using the server to send SPAM mails and (D)DoS attacks or to operate open mail relays and other systems on the server via which SPAM mails and (D)DoS attacks can be distributed. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
(5) You have no claim to the server being assigned the same IP address for the entire term of the contract. We reserve the right to change this if technically or legally necessary and to assign you a new IP address in this context.
(6) We reserve the right to adapt the hardware and software used to provide the services to the current state of the art and to inform you in good time of any additional requirements this may place on the content you store on our servers. We undertake to make such adjustments only to a reasonable extent for you and in consideration of your interests.
(7) We provide our services with an availability of 99% on a monthly average, insofar as no other availability is specified in the respective service offer. Downtimes due to regular or sporadic maintenance are included in this.
This does not include times when the server cannot be reached due to technical or other problems beyond our control (force majeure, fault of third parties, etc.).
§ 6 Domain administration
(1) When procuring and/or maintaining domains, we only act as an intermediary between you and the registries. We owe the creation and transmission of a fully completed application for registration of the domains requested by you in accordance with the specifications of the respective registry (e.g. Denic eG).
No guarantee can be given for the transfer, allocation or permanent existence of domains in your favor; the registration conditions of the registries apply in this context.
You guarantee that the domain applied for by you or already registered for you does not infringe any rights of third parties. You are also obliged to notify us immediately of any loss of your domain.
(2) We are entitled to activate a domain only after payment of the agreed fees. We may also refuse to release the domain after termination of the contract until you have fulfilled all payment obligations to us under the contract. (3) If you do not issue clear instructions for the transfer or deletion of the domain upon termination of the contract, we may return the domain to the responsible registry or have it deleted after the end of the contract and expiry of a reasonable period. The same applies if we can refuse to release the domain in accordance with paragraph 2 above.
§ 7 Price adjustment
We are entitled to increase the prices for our services appropriately. In particular, we are entitled to do so if and insofar as third parties that we have to involve in order to fulfill our contractual obligations in turn adjust their prices. We will announce a price adjustment in writing or electronically at least 4 weeks in advance. If you do not agree with the price adjustment, you have an extraordinary right of termination. We will inform you of this special right of termination together with each announcement. If you do not make use of your special right of termination within the scope of the price adjustment, the prices then shown in the offers on our website or in accordance with the price list sent in the course of the price adjustment shall apply; the prices shown there shall then be payable by you from the respective date.
§ 8 Further obligations on your part
(1) You must inform us immediately of any changes to the data required for the fulfillment of the contract. Passwords and other access data must be kept strictly confidential.
(2) You are obliged to design your domain and the content that can be accessed under it in such a way that an excessive load on our servers, e.g. through scripts that require high computing power or an above-average amount of RAM, is avoided.
We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or third parties. You will be informed immediately of any such measure.
(3) You guarantee that your domains and the content that can be accessed under them do not violate legal regulations or common decency and do not infringe the rights of third parties. This applies in particular to the legal regulations on provider identification, copyrights, trademark rights, personal rights and other property rights, distance selling law, competition law, criminal law and data protection law.
We are not obliged to check your domains and the content that can be accessed under them for possible legal violations. After recognizing legal violations or inadmissible content, we are entitled to block the content and make the domain in question inaccessible. You will be informed of such measures immediately.
You indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This also applies to the costs of our necessary legal defense, including all court and legal fees.
(4) Unless otherwise stated in the respective offer, you must create backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for the creation of data backup copies. In the event of data loss, you will transfer the data concerned to our servers again free of charge. (5) If a certain data transfer volume (traffic) has been agreed, you are obliged to ensure that this traffic is not exceeded. The traffic is generally to be treated as “fair use”.
§ 9 Contract term, termination
(1) The contract concluded between you and us has an indefinite term. The contract can be terminated by either party with a notice period of one month to the end of the month (unless otherwise stipulated in the respective offer).
(2) The right to terminate without notice for good cause remains unaffected by this.
In particular, we have an extraordinary right of termination in the event of repeated breaches of your obligations under these GTC. In the event of extraordinary termination by us, you are obliged to pay compensation.
(3) Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website (“Terminate contracts here” or similar designation).
§ 10 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:
Invoice (“Pay Later”): The Klarna invoice conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
Installment purchase (“Financing”): Further information on installment purchases, including the General Terms and Conditions and the European standard information for consumer credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the conditions for the payment option “Pay in 3 installments” can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
Direct debit (“Pay Now”)
Immediate bank transfer (“Pay Now”) The prerequisite for using the payment method via immediate bank transfer is that you have an online banking account activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to Klarna. Your bank account will be debited immediately after placing the order. You can find more information about Sofortüberweisung at https://www.klarna.com/sofort/.
Credit card (“Pay Now”)
The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
(2) SEPA direct debit
When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 10 days of conclusion of the contract.
The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 11 Right of retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ Section 12 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II Customer information
1. identity of the seller
Greenmark IT GmbH
Leinstr. 3
31061 Alfeld
Germany
Phone: +49 (0) 5181 2869039
E-mail: info@resellerinterface.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. Vertragssprache ist deutsch .
3.2. Der vollständige Vertragstext wird von uns nicht gespeichert. Vor Absenden der Bestellung über das Online – Warenkorbsystem können die Vertragsdaten über die Druckfunktion des Browsers ausgedruckt oder elektronisch gesichert werden. Nach Zugang der Bestellung bei uns werden die Bestelldaten, die gesetzlich vorgeschriebenen Informationen bei Fernabsatzverträgen und die Allgemeinen Geschäftsbedingungen nochmals per E-Mail an Sie übersandt.
3.3. Bei Angebotsanfragen außerhalb des Online-Warenkorbsystems erhalten Sie alle Vertragsdaten im Rahmen eines verbindlichen Angebotes in Textform übersandt, z.B. per E-Mail, welche Sie ausdrucken oder elektronisch sichern können.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and terms of payment
5.1. Die in den jeweiligen Angeboten angeführten Preise sowie die Versandkosten stellen Gesamtpreise dar. Sie beinhalten alle Preisbestandteile einschließlich aller anfallenden Steuern.
5.2. Erfolgt die Lieferung in Länder außerhalb der Europäischen Union können von uns nicht zu vertretende weitere Kosten anfallen, wie z.B. Zölle, Steuern oder Geldübermittlungsgebühren (Überweisungs- oder Wechselkursgebühren der Kreditinstitute), die von Ihnen zu tragen sind.
5.3. Entstandene Kosten der Geldübermittlung (Überweisungs- oder Wechselkursgebühren der Kreditinstitute) sind von Ihnen in den Fällen zu tragen, in denen die Lieferung in einen EU-Mitgliedsstaat erfolgt, die Zahlung aber außerhalb der Europäischen Union veranlasst wurde.
5.4. Entstandene Kosten der Geldübermittlung (Überweisungs- oder Wechselkursgebühren der Kreditinstitute) sind von Ihnen in den Fällen zu tragen, in denen unsere Leistung in einem EU-Mitgliedsstaat erbracht wird, die Zahlung aber außerhalb der Europäischen Union veranlasst wurde.
5.5. Die Ihnen zur Verfügung stehenden Zahlungsarten sind unter einer entsprechend bezeichneten Schaltfläche auf unserer Internetpräsenz oder im jeweiligen Angebot ausgewiesen.
5.6. Soweit bei den einzelnen Zahlungsarten nicht anders angegeben, sind die Zahlungsansprüche aus dem geschlossenen Vertrag sofort zur Zahlung fällig.
5.7. Mit der Vertragsbestätigung bzw. mit Beginn jeder weiteren Abrechnungsperiode erhalten Sie von uns per E-Mail eine Rechnung über die entstandenen Gebühren.
6. statutory liability for defects
The statutory warranty rights apply.
7. contract term / termination
Information on the term of the contract and the terms of termination can be found in the “Contract term / termination for subscription contracts” provision in our General Terms and Conditions (Part I) and in the respective offer.
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
last update: 27.09.2024