All services are delivered exclusively based on these Terms and Conditions. A contract is concluded between Andreas Weiß, W3 Arts & WebDesign, Weißgerbergraben 6, 93047 Regensburg, Germany, in the following „Offeror" and a client, in the following „Client". Aberrations to these Terms and Conditions require the prior written consent of the Offeror. The T&Cs are also sole and exclusive validity, if the offerer in awareness of conflicting T&Cs provides his services unconditionally. With the contract award to W3 Arts & WebDesign, regardless in which form this occurs, the client accepts these T&Cs for the whole duration of the contract.

§2 Contract conclusion

Duration of contract,  Cancellation

The Offeror provides his services directly after the conclusion of the contract, which is established through return (post/fax/mail) of the signed contract documents or through active usage of services activated in advance. A domain contract is concluded with the succesful registration or transfer.

All term contracts are concluded for the agreed term (generally 1 year) and are renewed automatically for the same period, as long as no termination through giving notice in due time is enunciated. The term of domains is 1 year and in part 2 years (see domain price list) and begins with the registration or succesful transfer of the domain.

A termination of services can be declared from both parties without declaration of reasons within a term of 4 weeks at the end of the contract duration, subject to other agreement. For domains apply other termination terms, which can be reviewed in the domain price list.

There will not be effected any reimbursement of fees, if the client terminates before the agreed contract term. Webspace and domains of a client can start at different dates. Regarding the termination of these services these different dates need to be considered.

The right to terminate without notice with reasonable cause remains unaffected. The Offeror can exercice this right particularly, if the Client is in default or if the client violates one of the herein named obligations or a contract obligation or if the utilisation of the services interferes or puts at risk the operation of the server (see Pos. § 4).

The termination requires the written form to be valid.

§ 3 Prices, Offers and payment conditions

The offers are subject to change without notice, are non-binding and are subject to changes according to the respective descriptions. All prices are net prices and do not include statutory VAT of the Federal Republic of Germany. Shipping or delivery costs will not be charged.

The Client is obligated to pay the fee in advance. Unless otherwise agreed, all invoices are falling due 10 days after date of invoice without deduction. The invoicing period is determined according to the duration of the respective service. Special agreements with the Client have priority. The invoicing will be carried out as agreed in the contract whether via email to the adress specified by the client or vial post to the specified post adress. For a mail delivery will be charged a mailing lump-sum of 2,50 € for each delivery.

In case of delay the Offeror has the right to ask reminder charges of 2,50 EUR and the Offeror reserves the right, to demand the payment through a collection agency, as well as to block all services to the client immediately. The removal of the blocking will be effected immediately after establishment of full receipt of payment. If the payment is agreed via direct debit and an unauthorized return debit note occurs or if a direct debit can not be honoured, a cost lump-sum of 10,- EUR plus statutory VAT will be charged. This fee includes the fee charged by the bank for the back posting of the sum, as well as the herefor necessary expenses.

§ 4 Use of services and client obligations

The Client assures, that the specified personal data is complete and correct. The client is obliged to submit changes immediately. This concerns particularly the email billing adress and the mail billing adress, the bank account data (if direct debit is agreed) as well as all other indications, e.g. phone/fax number and indications of the Owner-C and Admin-C of his domains.

In addition the client personally protects his data against loss.  The Offeror provides suitable access options (FTP, data base access, etc).

The client engages to recall regularly his email (POP3) or in case of IMAP usage of the mailboxes and to check regularly these and the content of the databases regarding the compliance with the booked disk space capacity limits. The space capacity referred to as in the hosting packages is the sum of all storable data through the Client on the servers (Web server files, data bases, mail boxes). Data bases and mail boxes will not be limited rigorously by the Offerer, in order to ensure a trouble-free service.

The Client engages to keep all passwords necessary for access to the services provided from the Offerer strictly confidential and to inform the Offeror without delay, if he gets notice, that third unauthorized parties get knowledge of the password. If due to default of the Client, third parties use services of the Offerer through unauthorized use of passwords, the Client is liable to the Offeror for user fee and damages.

Every web space package according to the specification of services contains a free data transfer capacity (inlcuding traffic) per month. The Offerer will provide capacity for additional data transfer within the technical capacities of the data center and under consideration of the contractual obligation to other clients according to the specification of services.

The following applications/contents are not permitted: illegal contents of any sort, game server, chat systems, download/filesharing systems, public FTP-server, warez, hacker or voting sites, participation at visitor or mail exchange services, services for embedding in other web sites/softwares (top lists, counter services, etc.), mass mailing (spamming), pornographic content and content harming third parties honor. The use of the server as environment for script development is strictly forbidden. Only completely developed and sufficiently tested scripts may be used. The Offeror has the right to block without delay script applications, webs or services, which may interfere or endanger the operation of the server (e.g. in case of above-average high processing power or above-average random access memory) or if server-side specified configurations are avoided without allowance (e.g. the php-configuration) or herein namend duties are infringed (e.g. spamming). The client is engaged to run his used scripts with the respectively most current version. On becoming aware of security holes, these have to be fixed immediately. There is no claim for the installation of additional software or for the changing of settings.

§ 5 Domain registration

The Offeror acts as negotiator between the Client and the respective Network Information Center (NIC). All domains of a client will be registered exclusively in his own name (ADMIN-C und OWNER-C). The Client is sole responsible for the legal admittancy of the registration and the usage of his domain(s). He is obligated to check each domain before application, regarding the infringement of third party rights or statutory laws, especially rights to a name, trademarks, copyright and other industrial property rights. The guidelines of the competent registration enties have to be respected. With the application of a domain, the client confirms, that he has fulfilled this duty and that within this approval there were no evidences for a legal unadmittancy of the registration and the usage of the domain.

The data for the registration of the domain names is forwarded within an automatic procedure and without any responsibility to the NIC. The Client can, even after a previous positive request, consider the assignment of the domain effectively not before an approval from the respective NIC. Every responsibility and warranty for the assignment of the ordered domain from side of  the Offeror is excluded.

In case of termination of the domain, this remains in the administration of the Offeror as long as the Client names the cancellation term, the domain is taken over by another provider or the registration period paid by the client expires. After this a domain will be canceled (close). If the payment of the domain fee is delayed, in case of termination the domain will be canceled immediately (close).

§ 6 Third party claims, release

The client releases the Offeror from third parties demands of any kind, related to the registration and the use of domains and the client data.

If the inadmissibility of the use of a domain or the contents of a web presence is claimed from third parties or of justifiable doubts concerning the use come up or if breaches against public morals emanate from it or are encouraged, the Offerer has the right, to block in total or partially the usage of the domain(s) and/or if the stored data without prior announcement until the final clearing of the lawfulness. Claims of the Client against the Offeror due to a blocking according to this clause are excluded, unless it is a case of gross negligence.

The Offeror is not obligated, to check the internet presences of the client regarding eventual legal infringements.

For each case of violation against the herein named duties the Client covenants the Offeror under exclusion of an acceptance of a continuation of offence to immediately remove this violation after notification through the Offeror.

§ 7 Data security

It is referred to expressly  that the data protection for data transfer within open networks as the internet, cannot be guaranteed comprehensively according to the up to date state of the technology. The Client knows, that the Offeror is able to view the page offer stored on the web servers and under certain circumstances also further stored data there, for technical reasons. Other internet participants could possibly be able to access without authorisation the network security and to control the message traffic.

The server-side virus protection identifies viruses with a relative virus-signature file and blocks typical malware-attachments (e.g. exe-files). Assumed virus- or malware-mails are notified to the recipient mailbox with additional information, the email itselfs remains in a quarantine area and will not be delivered. A 100%-protection can not be guaranteed. Liability claims for damages through viruses or other malware are excluded.

An SMTP-Gateway-Scanner ("policyd-weight") checks an incoming mail on typical indications of spammer, as faked header files, insufficient DNS-informations, non RFC-conform mail servers, black list entrys and similar. The checked criteria are rated with positive and negative point values. An email will be refused with the feedback to the sending mail server ("Mailer-Daemon-Notification") if the sum of all points is positive.

§ 8 Liability, Claim for damages

The use of the services will be carried out exclusively at own risk.

The Offeror guarantees an availability of the server services of 99% in the annual mean. Hereof excluded are times, in which the server is not available for technical or other problems, which are not in the sphere of influence of the Offeror (force majeure, third parties default etc.).

The Offeror is only responsible for damages, if the Offerer infringes essential contractual obligations in  a way, that endangers the scope of contract or if the damage bases on gross negligence or intent of the offeror or his servants. If a culpable breach of an essential contractual obligation is not gross negligent or intentious, the responsibility and the damage claims are limited with the yearly fee of the respective webspace account and the respective domain.

Within the application range of the Telekommunikationskundenschutzverordnung (TKV) the responsibility rule of § 7 Abs. 2 TKV will remain unaffected in any case.

The responsibility due to warranted properties, personal injury as well as due to ruling statutory laws remains unaffected.

§ 9 Creation and testing of web sites

The creation of the web sites will be effected through W3 Arts & WebDesign according to the clients desires. After conclusion of the contractual relation through training by phone and/or handing over to the Client, we will not take any guarantee for errors, which might emerge from clients intervention or third parties influence. Within the handing over of the homepage the Client is obliged to assure himself, that the pages, created from W3 Arts & WebDesign are in accordance with his satisfaction.

§ 9.1 Retention of title web design

Delivered goods / services and all connected rights remain property of W3 Arts & Webdesign until complete payment of the agreed price. The copyright for published objects created from W3 Arts & WebDesign (internet pages, graphics) remains solely at W3 Arts & WebDesign. With the complete payment the purchaser obtains, if not otherwise agreed, the exploitation right for the created objects. A duplication or use of such objects in other electronic or print publications, especially on other web sites, is not allowed without prior accordance of W³ WebDesign.

§ 9.2 Acceptance/Cancellation of contract Web design

If the purchaser withdraws from the contract or if the purchaser does not accept the completed web site, he gets into default of acceptance. In case of default of acceptance W3 Arts & WebDesign has the right to insist on fulfilment or alternatively to claim damages of non-fulfilment. As compensation of damages W3 Arts & WebDesign can demand from the Client 75% of the purchase price of the order based of the contract.

§ 10 Revocation

If the Client is a consumer, he has the right to revoke his contractual statement within 2 weeks, without statement of reasons in written. The term starts with the Clients receipt of the contract signed from both parties. To meet the revocation term, the due despatch if the revocation is adequate. The revocation has to be adressed to:

Email Address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Consumers according to these T&Cs are natural persons, who are in business connections, for purposes other than trade, business and profession.

The right of revocation expires, if the Client actively demands the service (e.g. stores datat, sends emails) or if a domain order or transfer is introduced.

§ 11 Applicable law, jurisdiction

Exclusive jurisdiction for all claims arising from this contract is, if the client is tradesman, body corporate organised under public law, public special property or if he is without domestic jurisdiction, D-93047-Regensburg. For the contracts, concluded on the basis of these T&Cs and for arising titles no matter what kind, the laws of the Federal Republich of Germany are of exclusive application under exclusion of the Regulations of the Uniform Law on the International Sale of Goods.

§ 12 Data protection provisions

The Offeror collects, processes and uses personal data of the client without prior consent only if necessary for the conclusion of the contract, the deruling of the contract and for the invoicing. This advice is carried out according the regulation of § 33 Abs. 1 Bundesdatenschutzgesetz (BDSG). The client has the right, to request information regarding the storing of his data by the Offeror at any time. The contractual data is used singularly for the credit screening.

§ 13 Salvatory Clause

Should any part of these T&Cs and/or the contract be invalid for any reason, it does not affect the validity of the remaining clauses. Rather each invalid clause  is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning, which the parties would have agreed upon to reach the same economic result, if the invalidity of the clause would have be known.