The following terms and conditions apply to all business relationships between the customer and the provider of OBS-Server.com (namely Philip Thomas), hereinafter referred to as “us”. In each case, the valid version at the time of the conclusion of the contract is decisive.
Deviating, conflicting or supplementary terms and conditions of the customer, even if known, are not part of the contract, unless their validity is expressly agreed.
Die vorliegenden Allgemeinen Geschäftsbedingungen gelten ausschließlich gegenüber Unternehmern iSd §§ 14, 310 Abs.1 BGB.
The servies offered by use are limited to business clients. The terms of service are therefore only applicable for business clients as per §§ 14, 310 Abs.1 German Civil Code.
2. Conclusion of contract
Our offers are non-committal and non-binding. Technical and other changes remain within the reasonable limits.
The customer makes a binding offer of contract order. We will immediately confirm the receipt of the customer’s order. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance.
We are entitled to accept the contract offer in the order within a period of 7 working days after receipt. But we are also entitled to reject the acceptance of the order, something after checking the creditworthiness of the customer.
3. Service receipt
We provide network infrastructure availability of 99% annual average for our data center infrastructure. If the security of the network operation or the maintenance of network integrity is at risk, we may temporarily restrict access to the services as required.
Incidentally, the receipt of the service results from the offer information valid at the time of the order, the order form and the respectively applicable monthly special offers.
Technical support is included only in case of fault on our site. In the case of problems caused by the customer himself, the technical support can be assigned with the problem-solving. For this 30€ plus VAT per 15 minutes are due.
4. Data security
As far as data is transmitted to us, the customer makes backup copies. As far as this is contained in the respective offer, the servers are regularly backed up. In the event of loss of data, the customer is obliged to return the relevant data to us free of charge.
The customer is obliged to carry out a complete data backup prior to any change or order.
The customer receives a user ID and password for the maintenance of his offer. He is obliged to keep this confidential and is liable for any misuse resulting from unauthorized use of the password. If the customer learns that the password is known to unauthorized third parties, he must inform us immediately. If, due to fault of the customer, third parties use services by us through misuse of the passwords, the customer is liable to us for compensation and compensation. In case of suspicion the customer has the possibility to request a new password, which we then send to the customer.
Our data protection practice is consistent with the General Data Protection Regulation (DSGVO) and the Federal Data Protection Act (BDSG) as well as the Telemedia Act (TMG).
Personal data of the customer are only collected and used, as far as they are necessary for the establishment, content or modification of the contractual relationship.
We only use the e-mail address of the customer for information about the orders, for invoices and if the customer does not object, for customer care and, if requested by the customer, for our own newsletter.
We do not pass personal customer data to third parties. Excepted from this are service partners, as far as this is necessary for the determination of the remuneration and for the account with the customer or for the rendering of our service.
The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If deletion violates statutory or contractual retention requirements or other legal reasons, the data will be blocked.
6. Published content
The customer is obliged to mark the content he has posted on the Internet as his own or third-party content and to present his full name and address.
Additional obligations may arise from the provisions of the Telecommunications Act and the Telemedia Act. The customer undertakes to check and fulfill this on his own responsibility.
The customer undertakes not to publish any content that violates third parties in their rights or otherwise violate applicable law. The deposit of erotic, pornographic, extremist or anti-moral content is inadmissible. We are entitled to block the access of the customer in the event that this was violated. The same applies in the event that the customer publishes content that is likely to hurt third parties in their honor, to offend or discredit persons or groups of people. This also applies in the event that an actual legal claim should not be against. We are not obligated to review the contents of our customer.
The sending of spam mails is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide incorrect sender details or to disguise the identity of the sender in any other way. In case of non-compliance we are entitled to block the access.
We accept no liability for direct damages, consequential damages or loss of profit due to technical problems and disruptions within the internet which are not within our sphere of influence.
We are not liable to contractors for slightly negligent infringement of non-essential contractual obligations. This does not apply in all cases of personal injury and in accordance with the product liability law.
For indirect damages and consequential damages as well as for lost profits we are liable to entrepreneurs only in cases of intent and gross negligence. In this case, our liability is limited to the contractually foreseeable damage, max. on 100% of the annual product rent.
If the customer violates the obligations specified in clause 6, in particular against legal prohibitions or good morals, the customer shall be liable to us for all direct and indirect damages resulting therefrom, including financial losses. In addition, the customer agrees to indemnify us from claims of third parties – of any kind – resulting from the illegality of content posted on the Internet. The indemnity obligation also includes an obligation to fully indemnify us against any legal defense costs (for example, court and attorney’s fees).
8. Terms of payment
The current prices apply, which can be viewed at any time at https://www.obs-server.com.
Billing takes place monthly via the payment method specified by the customer.
When exceeding any payment periods granted in the invoice, we are entitled to charge default interest even without a reminder.
If the customer is a consumer, the amount of the default interest is 5 percentage points above the base rate. If the customer is an entrepreneur, the amount of the default interest is 8 percentage points above the base rate.
In addition, we are entitled to block the server of the customer in the event of default and to retain all other services.
Invoices are sent by e-mail as an attachment. In the case of a delivery request by letter, we are entitled to charge a reasonable processing fee. In the event of a retrospective change in the invoice, which is not the fault of us, we are entitled to charge a reasonable processing fee.
9. Contract duration / termination / place of performance
Unless otherwise agreed in the contract, the contracts are concluded for an indefinite period.
The contract can be terminated by both parties with a notice period of 30 days to the end of the month, without giving reasons, but at the earliest at the end of the contractually agreed minimum contract term. Cancellation may be made in text form by letter, fax, e-mail or via the secure online administration area, as far as this option is available.
We are also entitled to terminate the contract for cause without notice. Such an important reason exists, among other things, if the customer is in arrears for two consecutive months with the payment of a not inconsiderable part of the remuneration. Amongst other things, such an important reason may lie in the fact that the customer violates the obligations of section 6 substantially or despite a warning. Another important reason that may lead to suspension or termination without notice is when the customer uses content that could interfere with the server’s operating behavior or security.
Place of performance for all services from this contract is Hamburg, Germany. The place of jurisdiction for all disputes arising from this contract is the court having jurisdiction in Hamburg, Germany, provided that the customer is a merchant, a legal entity under public law or a public law special fund. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed. We are also entitled to sue at the customer’s location.
If the customer intends to transfer his contractual rights to another person, he requires our consent. A transfer of the contractual rights can only be made in writing by letter, fax or via the secure online administration area, as far as this option is available. In the case of a transmission by letter or fax, the previous and new contracting party must sign by hand.
10. Queries and complaints
Questions and complaints should be directed to OBS-Server.com, Philip Thomas, Winterhuder Weg 29, 22085 Hamburg, Germany.