- These General Terms and Conditions (T&Cs) of InterNexum GmbH, hereinafter referred to as “InterNexum”, shall apply to all sales, delivery and service transactions within the context of the services rendered by InterNexum for its Customers.
This means that all InterNexum contracts and performances, including future contracts and performances, shall be effected exclusively on the basis of these General Terms and Conditions. The T&Cs shall apply to all subsidiaries of InterNexum GmbH in full.
- Furthermore, the respective specific Special Terms and Conditions (Special T&Cs) shall apply mutatis mutandis.
- In interpreting a contract, the following provisions shall apply in the order listed:
a) the individual contractual provisions, including annexes;
b) the description of services to be provided;
c) the Special Terms and Conditions (Special T&Cs);
d) these General Terms & Conditions (T&Cs);
e) statutory provisions (German Commercial Code [Handelsgesetzbuch], German Civil Code [BGB Bürgerliches Gesetzbuch], etc.)
Specific descriptions of general tasks shall limit the contractual obligation to the respective specific negotiated agreement. In the event of a discrepancy, the provisions mentioned first shall always take precedence over those provisions mentioned last. Lacunae shall be filled by the respective subordinate provisions. For agreements in chronological order, the newer shall take precedence over the older.
- Deviating or additional terms and conditions or terms of purchase by the Customer shall hereby be explicitly rejected. These shall only become applicable if accepted in writing by InterNexum. This shall also apply to any Special T&Cs included in the contract. An unconditional contract does not constitute an acceptance of the Customer’s terms and conditions.
- Unless otherwise agreed in writing, InterNexum may have services provided by employees or third parties. Unauthorized employees or proxies of InterNexum are not authorized to make oral acceptances or come to oral agreements that go beyond the content of the contract or these Terms and Conditions.
- The currently valid T&Cs and the supplementary Special T&Cs can be found free of charge online at www.internexum.info. Notification of changes on this site is mutually acknowledged to be sufficient notification.
- If necessary, InterNexum is entitled to change URLs and IP addresses. Such change involves no amendment to the contractual relationship and the rights and obligations arising from this contract shall remain unaffected.
2. Offers and Prices
- All offers, including those in brochures, advertisements, etc. are subject to change without notice and are considered non-binding unless expressly agreed to be binding.
- If prices are not already apparent in the respective contract, these prices shall be taken from the respective valid price list. In the event of a change in the legally applicable sales tax rate during the contract period, InterNexum is entitled to adjust the final prices accordingly.
- Should the Customer exceed the contracted scope of use (e.g. traffic allowance), it shall undertake to pay the appropriate corresponding additional charges. Should the Customer fail to make use of or only make partial use of the allowed scope of use provided, the agreed charges shall not be reduced. This does not affect the right of reduction pursuant to Section 9(2).
- InterNexum is entitled to adjust charges and service content a maximum of once per quarter, provided that this does not unfairly disadvantage the Customer. In particular, the following shall not constitute an unfair disadvantage: price adjustments due to exchange rate fluctuations, increased supplier prices (e.g. price adjustments by the domain registry) or legal or fiscal changes. The Customer shall be notified of these changes. A link to the updated price list made accessible to the Customer on the website shall be sufficient notification.
If the Customer does not object, the amended conditions shall be subject matter of the existing contract between the Parties. Should the Customer object, each Party is entitled to extraordinary termination made in writing with a notice period of 14 days from the date of change. The Customer is entitled to the same right if the increase in price significantly exceeds the regular increase in the cost of living. Otherwise, the Customer's rights are excluded therefrom.
Prices shall not be adjusted for goods and services delivered or rendered on a nonrecurring basis within four months of the conclusion of the contract and which do not constitute part of a continuing obligation.
- Upon publication of a new edition or upon the expiration of a period of validity specified on the offer, all offers and price lists shall cease to be valid.
- If InterNexum currently provides any performances or services free of charge, the Customer has no right to fulfillment or delivery. InterNexum is entitled to continue to offer services and performances previously free of charge in exchange for payment or to discontinue the same without prior notice or observing a notice period. No claims for refunds, reduction or damages shall arise from this.
3. Entry of the Contract into Effect
- Upon conclusion of a contract, InterNexum is entitled to accept the Customer’s request regarding the services listed in the request within a period of 14 days of ordering.
- The contract is only valid with the countersignature of the Customer request by InterNexum or upon the first act of performance.
- The Customer shall undertake to review the order confirmation received from InterNexum and to notify InterNexum regarding any errors and/or discrepancies.
- Should a contract be concluded with a minimum term, this time shall be extended upon the expiration of the minimum term for an indefinite period.
4. Right of Rescission for End Consumers
- The right of withdrawal and right to return are expressly excluded for Customers who are not considered consumers under Section 13 of the BGB.
- For distance selling agreements the right of withdrawal and right to return shall be excluded for consumer agreements concerning the supply of goods produced according to the Customer’s specifications or goods clearly tailored to the Customer’s personal requirements. In particular, such customized service shall include the issuance of domain names individually specified by Customers.
- For distance selling agreements the right of withdrawal and the right to return shall be excluded for consumer agreements in which the contract is immediately and mutually fulfilled upon Customer’s request, and the value of such agreements has already been irrevocably transmitted to the Customer. This shall particularly be the case for electronic services or products whose downloading has already been initiated by the Customer.
- The Customer agrees that InterNexum shall immediately begin executing the performance of the contract upon conclusion of the contract. The Customer expressly agrees that orders with respect to domain names shall be executed immediately upon the placement of the order.
- In all other respects, please refer to our Withdrawal Policy. This can be found at www.internexum.info.
- For continuing or recurring services (e.g. domain or hosting services, maintenance) the term depends on the billing periods specified in the individual contracts or service descriptions. Unless otherwise agreed, a standard term shall be twelve months.
Unless otherwise agreed, these contracts are automatically renewed for the respective term agreed if they are not terminated within a period of 60 days before the expiration of the current term.
- If the contract is not terminated or is not terminated on time, the amount for the next term shall be billed automatically and the contract shall be renewed accordingly.
- InterNexum reserves the right not to proceed with forthcoming renewals unless the Customer has sufficient customer credit to pay the fees due. If the fee for a service to be renewed is not received five days prior to the expiration of the term of contract, the Customer shall forfeit its rights to the service.
6. Termination & Rescission
- Notice of termination is only effective if made in writing, where notice by fax shall also be deemed acceptable. A (simple) email without a qualified electronic signature is not sufficient here.
- For a contract concluded for an indefinite period, the contract may be terminated by either Party without providing grounds, with a notice period of 30 days. For contracts with a minimum term, termination may only be undertaken upon the expiration of this period.
- Both Parties’ right to extraordinary termination for cause, particularly in those cases provided in these Terms and Conditions (e.g. Section 2 Para. (4) Price adjustment, Section 8 Para. (10)Default, Section 9 Para. (2), Section 10 Para. (3) Interruption of service and Section 13 Para. (3) Breach of duty), shall remain unaffected. In particular, good cause shall exist if
- the Customer is in default in paying charges for two consecutive months, paying remuneration for a period of two months or paying a significant portion of the payment;
- insolvency proceedings are opened on the Customer’s assets, or such opening is rejected due to a lack of assets;
- the Customer culpably violates one of the obligations governed in Section 12 and/or violates these Terms and Conditions.
- If termination by the Customer is accepted at a time prior to the expiration of the agreed contract term, InterNexum shall not be required to repay the Customer, in whole or in party, for the charges already agreed for the contract term. This shall also apply in the event of termination for good cause. If the Customer terminates for a good cause attributable to InterNexum, a repayment claim shall only exist for those amounts for which no services were rendered by InterNexum.
- Claims for compensation by the Customer in relation to the termination of the contract shall be excluded.
7. Scope of Services and Delivery Times
- The subject of the contract and scope of services arise primarily from the respective individual contract and its annexes, the Special Terms and Conditions, other special agreements or the service description of each product.
- InterNexum is entitled to expand its services, to adjust to technical advancements and/or to make improvements. This shall especially apply if such adjustment appears to be necessary to prevent abuse or if InterNexum is obligated to adjust its services in accordance with the statutory provisions.
- Information on service and delivery times shall be considered expected delivery times. Where permitted by law, these are only binding with the express written consent of InterNexum.
- If the order is only partially executable, the Customer shall also accept partial deliveries.
- For non-compliance with respect to a delivery or performance deadline due to force majeure, the fault of a third party, labor disputes, unforeseeable impediments or other circumstances that cannot be attributed to InterNexum, the deadline shall be extended. For non-compliance with respect to the delivery deadline for reasons other than those stated above, the Customer is entitled to stipulate a reasonable extension period with threat of refusal in writing and to withdraw from the contract at the expiration of this extension period upon unsuccessful performance with regard to the delivery or performance stipulated in the contract.
- If the delivery or performance is made impossible due to the incapacity of a supplier of InterNexum, both Parties may withdraw from the contract, provided that the agreed delivery deadline has been exceeded by more than 2 months.
- InterNexum shall undertake to provide technical support to the Customer only within the scope of that which has been contractually agreed. Furthermore, the Customer shall not be accorded free support services.
- InterNexum shall provide no direct support for customers of the Customer unless otherwise agreed in writing.
- Unless otherwise expressly agreed in writing, InterNexum shall not provide any support for products (e.g. software) and/or services (e.g. hosting) from third-party providers, even if these are used by InterNexum (e.g. standard software).
8. Payment Terms and Terms of Delivery
- Upon acceptance of an offer, order confirmation or invoice the Customer shall acknowledge the agreed and binding payment and delivery terms contained therein.
- Unless otherwise agreed in writing, recurring flat-rate charges (e.g. domain, hosting and maintenance fees, etc.) are payable in advance for the respective billing period. Other charges are net payable within ten days of receiving the invoice.
- InterNexum is entitled to make the provision of services and execution of orders dependent upon the provision of an advance payment amounting to the respective contractual charge in full for the order in question. A claim for performance by the Customer shall only arise upon full receipt of the amount due.
- InterNexum is entitled to send the invoice to the Customer by email or to make the same available to the Customer online in electronic form. The invoice shall be deemed received once it has been sent to the current email address on file for the Customer. Should the Customer wish to receive an invoice by mail, InterNexum may request a reasonable fee for this.
- If the Customer is not a consumer, it may only raise objections to InterNexum’s invoice in writing within 30 days of receipt of the same. Failure to raise timely objections shall be considered approval.
- The Customer alone is responsible for ensuring the timely receipt of all applicable payments and/or the reliability of the chosen method of payment.
- Charges owed shall be paid by bank transfer to the account specified by InterNexum. Alternatively, InterNexum may also accept other methods of payment (e.g. debit, PayPal, credit cards). However, this may be made dependent on the result of a credit check. Even when consent has been granted, InterNexum reserves the right not to offer certain payment methods or to no longer offer them in future. All bank charges and/or fees associated with payments shall be borne exclusively by the Customer.
- Should the Customer authorize InterNexum to debit the payment to be made from an account specified by the Customer, it shall undertake to ensure there are sufficient funds in the account. The authorization to collect payment via debit shall extend to all charges, purchase prices or commissions payable, even retrospectively, and shall apply to all bank details provided by the Customer, including those provided subsequently. If the debit is reversed at the Customer’s request or if the charge cannot be redeemed due to lack of funds, InterNexum is entitled the claim the costs incurred (e.g. return debit fees) as damages. In the event of returned payment or non-payment of a debit, the Customer shall hereby irrevocably authorize its bank to inform InterNexum or a representative of InterNexum of its name and current address. A debit cancelation or return debit shall not constitute an extension pursuant to Section 8(10).
- InterNexum is entitled to charge a reasonable processing fee for any authorized payment reminder and any legitimate warning. The amount depends on the current valid price list unless the Customer proves that no damage or significantly less damage has been caused. The same shall apply for any returned or unpaid debit not attributable to any wrongdoing on the part of InterNexum.
- Even without receiving a warning, the Customer shall automatically be in default if the invoice amount is not paid in full within 14 days of receiving the invoice or notification that the invoice has been posted in the customer area (online).
- InterNexum is entitled to limit its services and scope of performance during the period of default or to discontinue the same outright. Upon the occurrence of a default, InterNexum is specifically authorized to disable, in whole or in part, the guaranteed scope of function in the Customer’s account, including those functions pertaining to domain settings.
- In the event of default, InterNexum is entitled to claim for damages arising therefrom and to charge interest amounting to 9% in excess of the base rate in each case pursuant to Section 247 of the BGB; for consumers this rate shall be 5% in excess of the base rate.
- Contrary provisions by the Customer notwithstanding, InterNexum is entitled to offset payments against previous debts. If costs and interest have been incurred as a result of a default in payment, InterNexum is entitled to offset the payment first against the costs, then against the interest and finally against the primary performance.
- InterNexum reserves the right to transfer eligible receivables from Customers to third parties.
- The Customer expressly agrees that it shall forfeit all rights to services if payments are not made, are not undertaken on time or in full or if payments are subsequently recalled (e.g. return debit).
9. Retention of Title, Rights to Reduction, Compensation
- The granting of the use and ownership rights to goods and services that are provided or made available by InterNexum is subject to full performance by the Customer. In particular InterNexum is entitled to withhold access and rights from the Customer until such time as full provision of consideration has been made unless otherwise contractually agreed.
- InterNexum’s claim for payment shall furthermore remain unaffected in the event of disruptions in the quality of internet access and/or data traffic on the internet due to force majeure or other events not attributable to InterNexum (e.g. failure of communication networks). The Customer may derive no claims (e.g. for refunds) if a disruption does not persist for a period longer than two business days. However, for significant interferences over a substantial period of time (at least 10 days), the Customer is entitled to terminate without notice.
- The Customer may only offset those claims that are undisputed or have been upheld by a final decision of a court of competent jurisdiction against claims by InterNexum.
Rights of retention against InterNexum may only be asserted if they are based on the same contract. The right to refuse performance under Section 320 remains unaffected.
- As a service provider, InterNexum does not owe any success to the Customer. Feasibility, particularly with respect to compatibility and actual availability and executions, is the sole responsibility of the Customer. Individual agreements for this purpose are permitted if made in writing.
- Acknowledged performance malfunctions shall be immediately rectified by InterNexum within the scope of existing technical and operational capabilities. The Customer shall undertake to immediately report apparent malfunctions to InterNexum in writing (malfunction notification).
- If there is a malfunction with the agreed service provision within InterNexum’s area of responsibility, the Customer must report this to InterNexum immediately in writing if the malfunction is apparent. If the contractually warranted services are not provided by InterNexum, even upon the expiration of a reasonable period of time after a valid claim has been made, the Customer is entitled to reduce the current fees for the period and to the extent to which these services were rendered incorrectly after receipt of the complaint in proper form. The right legally designated to the Customer to refuse performance shall remain unaffected. The Customer has the right to extraordinary termination for good cause if the Customer has set a reasonable grace period (usually at least 10 days) for InterNexum to perform the agreed services and this grace period has expired without result.
- InterNexum has the right to restrict access to its services if security of the network operation or maintenance of network integrity so require. This applies in particular to the avoidance of serious network disturbances and the protection of the software or the stored data. InterNexum is not obliged to review or monitor the Customer’s use of the service in terms of legality.
- As a matter of principle, InterNexum shall only be liable for damages if the damage is attributable to gross negligence or willful misconduct on the part of InterNexum or its legal representatives. This applies to both contractual and non-contractual (tort) claims. In the case of slight negligence, liability shall be limited to the violation of fundamental contractual obligations (“cardinal obligations”). InterNexum shall not be held liable for slightly negligent breaches of contractual obligations that do not belong to these core obligations.
- InterNexum is not responsible to the Customer for recourse for direct or indirect damages or costs of any kind if these are due to force majeure, interventions by government and administrative authorities, strikes, riots, war, natural disasters, scarcity of general telecommunications services or similar influences upon which InterNexum itself has no direct influence. This disclaimer likewise applies to suppliers and partners of InterNexum, ICANN and registries that are activated when the service is rendered.
- In case of paid services, InterNexum’s liability shall be limited to the respective amount to be paid by the Customer for a particular service or service period. In case of unpaid performance, InterNexum’s liability shall be limited to a maximum of EUR 25.00 in individual cases and EUR 75.00 in total. In any other case InterNexum’s liability shall be limited to damages whose occurrence must typically be expected within the scope of the contract.
- Furthermore, the amount of liability for pecuniary losses is limited to foreseeable damages typical of the contract.
- Regardless of the cause of action, InterNexum’s total liability shall be limited to a maximum of fees paid in this context.
- InterNexum shall not be liable for collateral damages, consequential or punitive losses, loss of profit, indirect or other damages. InterNexum shall not be liable for damages due to loss of data, damages to company value, reputation or business, financial losses, lost profits or lost business opportunities. This liability disclaimer applies to direct or indirect damages arising from information provided by InterNexum on web pages.
- InterNexum’s liability regarding unauthorized access to servers and databases is generally limited to intent and gross negligence.
- InterNexum shall not be held liable for malfunctions and failures beyond its control unless such failures have been caused by intentional or grossly negligent conduct by InterNexum.
- If InterNexum’s liability is attributable to an event that was caused by a third party, InterNexum’s liability shall be restricted to the same extent to which the third party is liable to InterNexum unless InterNexum is guilty of intent or gross negligence.
- InterNexum cannot accept any liability for the correct functioning of infrastructures and methods of communication over the internet, nor for any information submitted over the internet. In addition, InterNexum shall not be liable for losses of use that were inflicted outside its area of responsibility by a third party.
- InterNexum accepts no liability in the event that domain names of its Customers or resellers violate statutory provisions, rights of third parties and/or common decency. The same shall apply to the contents of these domains and/or websites of Customers or resellers of InterNexum. InterNexum is particularly not obliged to check domains or websites of Customers or resellers for possible violations of law. However, InterNexum is authorized to block the corresponding website or domain at the Customer’s expense and to disconnect it from the network if it becomes aware of legal violations or illegal content. The same shall apply in cases where the Customer cannot be charged with any culpable violation. InterNexum shall inform the Customer of any such measure as soon as possible.
- Websites operated by InterNexum contain links to external websites, the contents of which are not under the control of InterNexum. InterNexum therefore accepts no liability for links referred to by InterNexum either directly or indirectly.
- InterNexum shall not be liable for contents or programs (software) from third parties nor for any damages whatsoever that may arise from such contents or programs. This shall particularly apply if these are distributed online and shall also apply to third-party software used by InterNexum (e.g. standard software, operating system). In any case, the Customer is solely responsible for software used by it, including licensing of the same.
- The above exclusions and limitations of liability shall apply to any liability, including default, impossibility or breach upon conclusion of the contract, positive breach of contract, culpable violation of warranty obligations and tort.
- The above exclusions and limitations of liability shall also apply to InterNexum’s employees and other agents.
- Liability under the German Product Liability Act (Produkthaftungsgesetz) and for claims due to injury to life, limb or health and claims for damages arising from the breach of material contractual obligations shall remain unaffected. Material contractual obligations are those whose performance is necessary in order to achieve the objective of the contract, e.g. where the provider must give the Customer the item free from material defects and deficiencies and transfer ownership to the Customer. Also excluded from the disclaimer of liability is liability for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or agents.
12. Duties and Obligations of the Customer
- The Customer shall undertake to read and save these General Terms and Conditions, the Special Terms and Conditions and the applicable individual contracts and annexes.
- Upon ordering or actively using a service provided by InterNexum, the Customer confirms that it is authorized to make binding legal transactions (orders) in its own name or as the duly authorized representative of its company or organization and that it agrees to all contractual terms and General Terms and Conditions in all parts.
- Upon placing the order, the Customer shall undertake to provide truthful information. Should the Customer fail to provide important information necessary for the fulfillment of the contract or provides false data, InterNexum may withdraw from the contract if a contract has been concluded. For services that have already been fulfilled in whole or in part, the costs incurred in such discovery (e.g. through service providers or the authorities) shall be charged to the Customer.
- The Customer shall undertake to maintain the completeness and accuracy of the contact details it has submitted to InterNexum at all times and to notify InterNexum immediately of any changes, particularly changes in name, company, residential or business address, billing address or legal status. InterNexum is entitled to verify the data provided at any time, to request appropriate evidence and to block the Customer’s account in the event of incorrect or incomplete data.
- The Customer expressly agrees that InterNexum shall send important messages electronically to the email address the Customer has submitted in its Customer account. The Customer shall undertake to check this email address on a regular basis and to immediately inform InterNexum regarding any changes to its email address. InterNexum is not responsible for ensuring that messages sent to the Customer’s email address can be received or taken notice of.
- The Customer agrees that InterNexum shall send emails to the Customer’s email address for informational and marketing purposes. The Customer may revoke this consent from InterNexum at any time. The withdrawal of consent for information to be sent shall not affect the rest of the contract.
- The Customer shall undertake not to engage in illegal misuse InterNexum’s products and services, and it is forbidden in particular from taking action or causing action to be taken in this context that would violate the statutory provisions, personal rights of third parties, privacy rights of third parties or that violate common decency. The Customer is solely responsible for ensuring that the data or address labels (domains, email addresses) it introduces into the network under the contract do not violate legal prohibitions, the rights of third parties or common decency.
- The Customer shall undertake to use InterNexum’s products and services properly and not to cause undue stress to networks and resources. In particular, it is forbidden to send emails without obtaining the express prior consent of the recipient. (Ban on spam)
- The Customer shall undertake to comply with the recognized principles of data security, in particular to keep confidential the access details, passwords and other access protections received from InterNexum for the purpose of accessing its services and to protect against access or use by third parties. All statements submitted using the customer-specific access code shall be deemed to have been made by the Customer. If the Customer becomes aware that third parties have gained unauthorized knowledge of access information or personal passwords, the Customer shall undertake to inform InterNexum immediately. For security reasons, the personal password should be changed regularly. In the case of repeatedly entering an incorrect personal password or upon suspicion of unauthorized use by third parties, InterNexum is entitled to block access to the system for the account in question. InterNexum shall inform the Customer as quickly as possible regarding the account that has been blocked. The Customer shall be liable for the unauthorized use and/or misuse of passwords, access codes and other access protections. In addition, the Customer shall ensure that it does not transmit any data that may affect the proper functioning of the technical equipment of InterNexum and/or third parties. Furthermore, the Customer shall protect its own technical facilities and databases against damage-causing external data by taking appropriate security measures and shall take particular care to provide adequate safeguards against malware (e.g. viruses), especially its dissemination.
- The Customer shall undertake to comply with current data protection legislation.
- Within its means, the Customer shall verify the proper provision of services by InterNexum.
- The Customer shall undertake to immediately notify InterNexum of any recognized damage or visible defects and shall take all measures necessary to enable a determination of the defects or damages and their causes, as well as to facilitate and accelerate the elimination of the fault.
- The Customer shall undertake to ensure compliance with statutory provisions and regulatory requirements to the extent currently required or that will be required in future for the use of InterNexum’s services.
- The Customer is responsible for providing the required functionally capable, technical infrastructure for the use of InterNexum’s services (e.g. hardware, software, browser, internet connection, etc.). Insofar as no other contractual arrangement has been agreed, the Customer shall also be responsible for the general administration of the services and performance provided by InterNexum.
- The Customer shall undertake to make all persons authorized by the Customer to use InterNexum’s services suitably aware of compliance with the obligations and to ensure compliance with all applicable statutory provisions and regulatory requirements.
- The duties and obligations of the Customer shall likewise apply to its agents. In this respect the Customer is liable to InterNexum.
13. Breach of Duty
- If the Customer is responsible for a breach of the duties imposed upon it under Section 12, it shall undertake to compensate InterNexum for damages that have occurred or have yet to occur as a result of the breach of duty and the associated expenses for the rectification of such breach of duty, in addition to the omission of any further violation. In addition, InterNexum is entitled to assert a contractual penalty at its reasonable discretion unless the Customer proves that the damage did not actually occur or occurred at a much lower level. This shall not apply to non-acceptance or delayed acceptance of the performance if the Customer is a consumer, nor shall it apply to payment default or in the case of another Party withdrawing from the contract. Other claims by InterNexum (e.g. blocking, extraordinary termination) shall remain unaffected.
- If solid evidence of a breach of the Customer’s duties is known to InterNexum, InterNexum is entitled to execute full or partial suspension of performance at its discretion with immediate effect until such time as the violation has been remedied or suspicion has been cleared.
- For significant, willful or repeated violations of the Customer’s duties (particularly breaches of the rights of third parties, default, spam), InterNexum is entitled to block the account in question at the Customer’s expense, to disconnect the associated websites and domains and remove them from the network, to return the domains included in the Customer’s account to the respective registry (the relevant NIC) or to cancel them, and/or to terminate the contract pursuant to Section 314 of the BGB without notice.
- Against the backdrop of the liability consequences affecting InterNexum itself, InterNexum further reserves the right to remove content that is discriminatory, offensive or in any way legally questionable, to place a permanent block on the website in question at the Customer’s expense, to disconnect the domain in question and return it to the relevant registry (NIC) or to cancel it. If the provision of web storage space is governed under the contract (e.g. dedicated/virtual servers, web hosting), InterNexum reserves the right to disconnect this service permanently from the network.
- InterNexum shall inform the Customer of its breach of duty prior to taking any of the aforementioned actions and shall set a reasonable deadline for the rectification of said breach. Should the setting of such a time limit be unreasonable for InterNexum due to the severity of the breach of duty, InterNexum may take the particular action with immediate effect and shall immediately inform the Customer. InterNexum shall inform the Customer accordingly if blocking of a website or domain has been undertaken on the basis of a regulatory order issued to InterNexum.
- In the event of blocking undertaken by InterNexum pursuant to the contract, the Customer remains liable for paying InterNexum with respect to the agreed fees. Until such time as all claims for payment made to the Customer have been completely satisfied, InterNexum is entitled to assert a right of retention on the Customer’s domain name pursuant to Section 273 of the BGB for as long as any claims for the Customer to pay remain outstanding. Assertions of other claims by InterNexum due to defaults in payment shall remain unaffected.
- If the Customer is a reseller, the above regulations shall apply equally to the accounts, websites and domains of its end customers.
- The Customer shall undertake to indemnify InterNexum, its suppliers, and all persons and companies involved in the provision of the service against any and all claims, demands, liabilities and/or costs which are attributable to an unlawful or infringing use of the service, one of its registered domain names, the content contained therein or content errors based on the information provided by the Customer. This particularly applies to copyright, trademark, name, data protection and competition law violations.
- The Customer shall undertake to reimburse InterNexum for all damages and expenses incurred as a result of violations of these General Terms and Conditions and shall indemnify InterNexum against all third-party claims based on its use of the services provided by InterNexum (including court and attorney costs for a defense against these claims).
- In the case of the transfer of use authorized by InterNexum or the resale of InterNexum’s products and services to third parties (resellers), the Customer shall be fully liable for all damages and shall indemnify InterNexum against all claims arising from a violation of the contractual terms by third parties.
15. Data Storage, Data Security, Data Protection
- InterNexum makes note of the fact that, pursuant to the German Federal Data Protection Act (Bundesdatenschutzgesetz [BDSG]), personal data (e.g. name, address) are stored as part of the performance of the contract and are forwarded to third parties involved in the performance of the contract. For domain registrations this includes the publication in freely accessible Whois databases for the purpose of identifying the domain owner.
- In the event of police or regulatory requests, InterNexum is entitled to forward the stored data, particularly personal data, to third parties. The same shall apply to disclosure to authorized users in the event of substantiated violations of law.
- InterNexum expressly informs the Customer that data protection cannot be completely guaranteed given the current state of the art for data transmission in open networks such as the internet. Due to the nature of the internet, it is possible that other participants not within the InterNexum’s scope of responsibility are technically able to gain unauthorized access to network security, control message traffic and gain unauthorized access to sensitive data. As a precaution, the Customer is informed that unencrypted data transmitted via the internet is not secure and may be taken note of and modified by third parties. InterNexum does not therefore recommend the unencrypted transmission of personal data or other data requiring confidentiality. It is also possible, due to its addressing, for a message to leave the scope of the Federal Data Protection Act and/or the EU data space (“safe harbor”) without being intended to do so. The Customer therefore bears the risk that data may be analyzed or monitored when using the internet.
- InterNexum is entitled to the permanent storage of all data required for billing purposes in accordance with the law.
- InterNexum is entitled to process Customer data to improve its offers to meet the needs of Customers, as well as to process and use such data for consultation purposes.
- The Customer has the right to obtain information on the data stored about it at any time and at no cost.
- If the Customer is acting as a reseller, it is solely responsible for ensuring that the transmission of data to the end customer is in accordance with data protection legislation.
- Both Parties shall undertake to keep confidential all confidential information made accessible to them in connection with this contractual relationship, especially information that may be designated as confidential or may be considered to constitute business secrets or to be commercially sensitive under certain circumstances and shall do so indefinitely, unless this is not required to achieve the purpose of the contract, and shall neither record nor pass on such information or otherwise use it. In particular, technical aspects and all other non-public information (e.g. content, information and representations in password-protected Customer areas) shall be kept confidential.
- Appropriate contractual agreements with employees and/or other agents shall further ensure that this confidential information is not disclosed or used in any other unauthorized manner, and shall do so for an unlimited period of time.
- This confidentiality shall also include the prevention of unauthorized access to information received and shall likewise protect the received confidential information in that it shall be handled as if it were the respective Party’s own confidential information.
- The confidentiality obligation shall survive the termination of the contractual relationship for a period of 5 years following the expiration of the contract.
17. Final Provisions
- The law of the Federal Republic of Germany shall apply exclusively to contracts concluded on the basis of these General Terms and Conditions and to claims of any kind resulting therefrom and from the execution of the same, excluding the provisions of the UN Convention on the International Sale of Goods (CISG).
- The place of fulfillment and performance is the headquarters of InterNexum, provided the Customer is a merchant, legal entity under public law, public fund or lacks domestic jurisdiction.
- For all disputes arising from this contract, the place of jurisdiction is Dachau, provided the Customer is a merchant, legal entity under public law, public fund or lacks domestic jurisdiction. InterNexum may also bring legal action in the Customer’s jurisdiction. The same shall apply to the enforcement of the right of retention.
- There shall be no oral side agreements. All side agreement, amendments or addenda that go beyond the content of the respective contract, including these Terms and Conditions, must be agreed in writing in order to be effective. This also applies to the amendment of this written form requirement.
- The transfer of the rights, claims and/or obligations of the Customer arising from this contract to a third party is excluded unless InterNexum agrees to such transfer in writing.
- Should individual provisions of this agreement or parts thereof be or become invalid, the validity of the other provisions remains unaffected. Any clauses that cannot be implemented due to legal error or invalidity should, wherever possible, be replaced by clauses that are legally enforceable and which most closely approximate the original economic intent and would have been agreed by the Parties had they been aware of said invalidity upon conclusion of the contract. To the extent permitted by law, the replacement of the clause described above shall be undertaken by InterNexum.
- These General Terms and Conditions are available in German and English. Solely the German version shall be legally binding.
Görlitz, Januar 2016