Terms and Conditions

of ServerGuard24 GmbH for all services of www.serverguard24.de
Status: August 21st, 2018

§1 Validity of the Standard Terms and Conditions
(1)ServerGuard24 GmbH (hereafter named ServerGuard24) renders his services exclusively on the basis of these terms and conditions. They are also valid for all future business connections, even if not expressly agreed upon.
(2)Deviation from the terms and conditions are only effective with written confirmation/permission from ServerGuard24.
(3)Collateral agreements or warranties from representatives of ServerGuard24 which go beyond the content of the contract including these terms and conditions shall become effectual in written form.

§2 Composition of Contract
(1)The agreement of use of ServerGuard24' services becomes effectual upon sign-in or registration on the www.serverguard24.de website.
(2)Third parties, whose services are provided by ServerGuard24, shall not be considered contractual partners of ServerGuard24' clients. Moreover, a contractual relationship between clients of ServerGuard24 does not exist based upon mutual use of services.

§3 Range of Activities
(1)The range of activities of the services offered as well as the respective fee amount and method of payment result from the information on the www.serverguard24.de homepage.
(2)ServerGuard24 may cease non-paid services and activities at any time with advanced notice. This shall not result in claims to reduction, restitution or compensation.

§4 Client's Duties and Obligations
(1)The client shall be required to use the services of ServerGuard24 services appropriately. The client is especially required,
(a)to take account of and comply with recognized principles of data security.
(b)to reimburse ServerGuard24 for technical and personnel expenses incurred should a violation of the agreement occur.
(c)to adhere to the applicable rules and regulations when using www.serverguard24.de's website and services.
(2)Should the client select the credit card as the method of payment, ServerGuard24 receives authorization explicitly for recurring charges to the credit card, as long as services are obtained from ServerGuard24.

§5 Charging and Retention Rights, Delay of Service, Reimbursement
(1)The client can only offset undisputed or legally binding ascertained claims against ServerGuard24 claims. The client is entitled to the assertion of retention rights only in the instance of a counterclaim from the signed contract.
(2)Supply and service delays due to acts of nature beyond control and resulting from events which hinder or prevent ServerGuard24 from providing their services, specifically including strike, lock out, official appointments, communication network failure and gateways of other carriers, disturbances in the TELEKOM division of the German Bundespost services, etc. also if such events occur with ServerGuard24' suppliers or subcontractors or their sub-suppliers, ServerGuard24 is not obliged to honor legally binding arranged terms and appointments. They entitle ServerGuard24 to postpone deliver/supply or services/activities for the duration of the hindrance including an appropriate start-up period.

§6 Termination of Services
(1)Agreements may be cancelled by both parties at any given month's end unless otherwise explicitly arranged. The right to cancel without notice is reserved.

§7 Default of Payment
(1)ServerGuard24 is entitled by client default of payment to calculate the bank rate interest of the Deutschen Bundesbank of 3% from the related point of time, unless ServerGuard24 proves a higher interest load.
(2)ServerGuard24 reserves the right to assert further claims regarding default of payment.
(3)ServerGuard24 is entitled to suspend its services and revoke/cancel already completed services.

§8 Nondisclosure, Data Protection
(1)The partners of the Agreement are hereby informed in accordance with § 33 Par. 1 of the Federal Data Protection law as well as §4 of the Teleservice Data Protection Ordinance that ServerGuard24 saves personal data in machine-readable format for purposes stated in the agreement are processed automatically.
(2)When supplying a service from a third party, ServerGuard24 is entitled to disclose member data, should this be required in order to provide this service.

§9 Liability und Limitation of Liability
(1)Compensation claims due to impossibility of a service, violation of claims, default at contract conclusion and prohibited actions are forbidden by ServerGuard24 as well as in relation to their assistants and auxiliary personnel, as far as no deliberate or grossly negligent acts exist.
(2)ServerGuard24 are not liable for damages which occur as a result of acts of nature beyond control or as the result of services not undertaken due to industrial disputes. ServerGuard24 are not liable for lost profit nor indirect damages.
(3)ServerGuard24 are not liable for information transmitted over their services neither for their completeness, accuracy or topicality nor that they are exempt from third party rights or that the sender acts unlawfully in that he transmits information.
(4)The www.serverguard24.de website and services offer on the www.serverguard24.de website are made available without any guarantee regarding availability and quality.

§10 Indemnification
(1)Upon a request by ServerGuard24, the client agrees to indemnify and hold harmless ServerGuard24 and their managing employees, officers, co-owners of trademarks or other business partners and employees from all demands or claims, including attorney's fees, that arise from third parties on account of or regarding content submitted, published or transmitted relevant to the services of www.serverguard24.de by the client, or that arise from the use of services of www.serverguard24.de, connection to www.serverguard24.de services, or from violation of these terms and conditions or from third party rights through the client.

§11 System Integrity
(1)The user is not entitled to use mechanisms, software, programmes or other routines which could disrupt the www.serverguard24.de system. The user may not take any measures which could lead to a unreasonable overload.
(2)Content portrayed on the www.serverguard24.de website may not be copied, processed, reproduced or used in any other way without explicit consent of the bailee.

§12 Right of withdrawal
(1) You have the right to cancel this contract within fourteen days without giving any reason. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (by post or email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
(2) If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

§13 Final Clause
(1)Place of fulfilment is Bonn / North Rhine-Westphalia, Federal Republic of Germany. Exclusive jurisdiction for all claims from contracts reached on the basis of these terms and conditions, inclusive check- and action on a bill in addition to all conflicts between the parties regarding the composition of the agreement is ServerGuard24' headquarters.
(2)Agreements reached on the basis of these terms and conditions are subject exclusively to the laws of the Federal Republic of Germany.
(3) The client is obligated to contact the following address for business dealings in technical and contractual opportunities if no further contact information for technical enquiries was given in the primary contract.

ServerGuard24 GmbH
Fritz-Schäffer-Straße 1
53113 Bonn

(4)The legal successor of ServerGuard24' clients are bound to the contracts which are based on these terms and conditions.
(5)Should individual conditions within this agreement be legally ineffective or should they lose legal effectiveness through later circumstances or should a loophole be later discovered, the legal effectiveness of the remaining conditions shall not be affected. The contract parties shall be obligated to replace the legally ineffective condition with a condition which best meets the economic purpose of the condition being replaced.
(6)ServerGuard24 reserve the right to amend these terms and conditions. Amended conditions shall be sent to the client per email 2 weeks prior to coming into effect. Should the client neglect to reject the new conditions within 2 weeks upon receiving the email, the new conditions shall be considered valid. ServerGuard24 shall place emphasis the importance of the 2-week deadline in the email containing the notification of the amended conditions.