General Terms and Conditions
1. Validity, Amendment of Terms
- a) Hendrik Borgmeyer (hereinafter Linetz) provides services exclusively on the basis of these Terms and Conditions. The version of the Terms in force at the time of conclusion of the contract shall apply.
b) Linetz is entitled to amend or supplement these General Terms and Conditions at any time. The customer has the right to object to such an amendment. If the customer does not object to the amended terms within 4 weeks of receiving notice of the amendment, they shall become effective as announced.
2. Conclusion of Contract
- a) By placing an order the customer makes a binding contractual offer.
b) We may accept the contractual offer within 5 working days of receipt, or reject it without giving reasons.
c) The contract is concluded upon acceptance by Linetz or use of the service by the customer and is entered into for the minimum term stated in the contract.
3. Scope of Services
- a) We offer you the opportunity to request an individual offer from us. Unfortunately we cannot fulfil every customer request. Please discuss specific requirements with us before placing an order.
b) Linetz guarantees 99% availability of its internet infrastructure (IP connectivity) averaged over the year, provided outages are not attributable to gross negligence or wilful misconduct by Linetz.
c) If necessary, we may restrict access to certain services to protect other customers. If this occurs, the customer will be informed immediately.
d) The offer is binding for the entire term but may be extended or reduced at any time with our consent.
e) Unless expressly agreed otherwise, Linetz may also have the services owed performed by qualified employees or third parties.
4. Data Security
- a) The customer is responsible for their own data security. Unless otherwise contractually agreed, backups are only created for the purpose of data recovery after hardware damage.
b) Before any change to contractually agreed services, the customer must create their own data backup.
c) All access data provided to the customer for the contractually agreed service must be kept confidential. The customer is liable for any damage caused by misuse of this data. In the event of suspected misuse, the customer must notify us immediately.
5. Privacy
- Our privacy policy is linked here.
6. Internet Domain
- a) If the customer registers a domain through Linetz, the contract for the assignment of the domain is concluded exclusively between the customer and the relevant registry. Linetz acts as the customer's representative.
b) Linetz has no influence over domain allocation and therefore provides no guarantee that the requested domain can be allocated, is free from third-party rights or will remain permanently available.
c) If the customer is requested by a third party to relinquish an internet domain on the grounds that it allegedly infringes third-party rights, the customer shall immediately notify Linetz.
d) The customer shall indemnify Linetz against third-party claims based on the unlawful use of an internet domain.
7. Published Content
- a) By accepting our Terms and Conditions, the customer confirms that all uploaded content has been identified as their own or third-party content. The customer is obliged to display a legally required imprint on their web presence.
b) The customer must not publish any content that infringes the rights of third parties or violates applicable law. Stored data must not contain erotic, pornographic, offensive or extremist content. We may suspend access and delete such data at any time in the event of a breach.
8. Liability
- a) We accept no liability for damages and consequential damages caused by technical problems or disruptions beyond our control. We also accept no liability for loss of profit arising from our services. In the event of a disruption affecting the contractually agreed service that cannot be resolved within a reasonable period, the customer will be reimbursed for the service received during that period.
b) The customer is liable for the content of their website that violates the provisions mentioned in clause 7b. The customer must indemnify us against all resulting damages, financial losses and claims of any kind.
9. Payment Terms
- a) Our prices apply, which are based on the individual offer made.
b) Billing may occur according to contractual agreement. Invoicing is the exclusive billing method. Fees are due within the payment period stated on the invoice.
c) We are entitled to charge reminder fees if standard payment deadlines are exceeded.
d) The customer's access may be suspended in the event of default. We reserve the right to withhold services.
10. Contract Term / Termination
- a) Unless otherwise contractually agreed, contracts are concluded for an indefinite period.
b) Either party may terminate the contract with 30 days notice to the end of the month, without stating reasons. Termination must be in writing by letter, email or via the online administration area.
c) Transfer of contractual rights to another person requires our consent.
11. Reseller Provisions
- a) Reselling our services is not permitted. Exceptions are set out in the contract applicable to the customer.
12. Right of withdrawal
- a) The declaration of contract may be revoked in text form within 2 weeks without stating reasons. The period begins upon receipt of this notice in text form, but not before the contract is concluded and not before we have fulfilled our information obligations pursuant to Section 312 c (2) of the German Civil Code in conjunction with Section 1 (1, 2 and 4) of the German Introductory Act to the Civil Code, as well as our obligations pursuant to Section 312 (1) sentence 1 of the German Civil Code in conjunction with Section 3 of the German Introductory Act to the Civil Code. To comply with the revocation period, timely dispatch of the revocation is sufficient. The revocation must be addressed to: Hendrik Borgmeyer, Schafgasse 10, 63755 Alzenau.
b) In the event of an effective revocation, the services received by both parties must be returned. The stated services must be returned within 30 days. For you, the period begins when you send your revocation declaration; for us, it begins when we receive it.
13. Queries and Complaints
- For any questions or complaints, please contact the following address:
Owner:
Linetz Hosting and IT Services
Hendrik Borgmeyer
Schafgasse 10
63755 Alzenau
Contact:
Phone: +49 (0)6023 7039260
Mobile: +49 176 34446478
E-Mail: ed.ztenil@gnitsoh
Last updated: 18.02.2024