Terms and Conditions
This is a translation. Please click here to read the up2date original.
Unfortunately, even we can’t get along without small print. Therefore, we have issued our terms and conditions to the best of our knowledge and understanding (and, of course, had them legally reviewed) in order to enable fair cooperation. You can always submit inquiries to firstname.lastname@example.org.
Terms and Conditions
Partners with power of representation:
Philipp Gohlke, Hendrik Köhler
Christian Pott, Malte Sieb
§ 1 General aspects & validity of the terms and conditions
(1.1) The general terms and conditions (hereinafter referred to as "GTC") of Websitebutler GmbH (hereinafter referred to as "Websitebutler") apply to all services of Websitebutler. The provisions for the individual service shall also apply accordingly, if multiple services are provisioned as a package in the context of a contractual relationship.
(1.2) Websitebutler renders their services exclusively on the basis of these terms and conditions. They apply, as far as the contracting party is a merchant in terms of the HGB, also for all future business relations, even if not explicitly agreed upon again.
(1.3) The offer of Webvisitenkarte.net addresses exclusively persons, who are at least 14 years of age.
(1.4) The GTC are made available in their full text with order confirmation via communication of a link.
(1.5) With the registration of a user account on Webvisitenkarte.net, you (hereinafter referred to as "user") accept the following GTC for the use of Webvisitenkarte.net.
(1.6) Websitebutler is entitled to modify or amend these GTC at any time. The user has the right to object to such a modification. The modified terms and conditions shall become valid according to the change notification, if the user does not object to them within four weeks after receipt of the change notification. The change notification is sent to the users via email to the provided address.
(1.7) Deviations from these terms and conditions are only valid, if approved in writing by Websitebutler.
§ 2 Object of agreement, contract amendment
(2.1) With Webvisitenkarte.net, Websitebutler provides an online service for the creation of a website. The service enables the user to independently set up contents, layout and more for his/her own internet presence.
(2.2) On Webvisitenkarte.net, Websitebutler offers users three service packages: a free package ("Free") and two service packages subject to a charge ("Basic" and "Business"). An up-to-date service and price overview can be viewed at http://www.webvisitenkarte.net/.
(2.3) The users of the Free package receive a free sub-domain (alternatively name.wv.to or name.de.rs). The user is not entitled to redirect to a domain hosted by an external provider or to integrate such a domain via Frame / Iframe.
(2.4) Websitebutler has the right to render the services through third parties at any time and in a discretionary scope. In this case, these GTC also apply to the third party and their relation to the user.
(2.5) The contract only becomes valid with the activation of the access to the service.
(2.6) The complete and correct statement of the user data is a prerequisite for the conclusion of the contract. The user asserts that the provided data is true, up to date, will be kept updated, and is complete.
(2.7) A contract amendment occurs by means of offer and acceptance. On the basis of the available prices and tariffs, this constitutes the conclusion of a new contract with the respective conditions. Therefore, in the event of a contract amendment, the conditions which apply are exclusively those of a new contract and its chosen tariff. Periods of cancellation and contract periods, among other things, therefore commence again on the basis of the new contract and its chosen plan.
§ 3 Right of revocation
§ 4 Scope of performance
(4.1) The performance specifications as well as all additional documents and guidelines of webvisitenkarte.net, are available for viewing at our registered office. Furthermore, they can be retrieved free of charge by electronic means or requested in hard copy at http://www.webvisitenkarte.net and/or at http://www.united-webdesign.de.
(4.2) All prices indicated are gross prices and stated on the invoice including the statutory VAT, currently 19%.
(4.3) Where a billing is agreed upon, this takes place in the personal area, which is set up on the server by Websitebutler for the user. The invoice is considered as received with its posting. The user is informed about this posting by email to the provided email address.
(4.4) A conventional invoice is only issued on express request against additional charges according to the currently effective price and by way of postal service.
(4.5) Objections against Websitebutler's invoices are to be raised by the user in writing within 7 days from their receipt. The failure of timely objection is considered as an approval. The user can still request a correction of invoices after the expiration of the term, but then will have to prove the incorrectness of the invoice.
(4.6) All fees are due without deduction immediately after receipt of invoice. The amounts are principally collected by direct debit or paid by transfer, PayPal or sofortüberweisung. The collection will take place earliest after receipt of the invoice. For this purpose, Websitebutler is authorized by the user to collect due payments and other claims from the account provided by the user, subject to revocation.
(4.7) Websitebutler reserves the right to extend, modify, and delete the deliverables as well as to implement improvements, in particular, where these serve the technological advancement, appear to be necessary, and in order to avoid misuse. The modifications can lead to a change in the appearance of the web pages. Websitebutler is also entitled to modify the deliverables, where such modification is customary and/or reasonable with due respect to the interests of Websitebutler, e.g. where this becomes necessary due to changes/amendments in the legislation.
(4.8) Where Websitebutler renders free services, which are not explicitly mentioned in the product description, Websitebutler shall have the right to cease these at any time. There is no price reduction, compensation or indemnity claim arising from this. Also, in case of long-term inactivity, 12 months, of the user, the corresponding user account including the website can be deleted irrevocably.
(4.9) The availability of the service is only warranted up to the web interface. Nevertheless, availability restrictions that are outside the control of Websitebutler can arise (hardware of the user; actions by third parties, who do not act on behalf of Websitebutler; force majeure). Where circumstances outside of the control of Websitebutler lead to functional and access restrictions of the services provisioned by Websitebutler, this has no effect on the conformity of the deliverable rendered by Websitebutler with the contract.
(4.10) Where optimization or maintenance is conducted, especially if these serve the technological advancement, restrictions in the availability of the system can possibly arise. These activities are usually conducted during low use periods and previously announced via email to the provided email address.
§ 5 Storage of contract wording
The contract wording of your order is not stored by us. You generally can print the former prior to sending out your order, by printing every step of your order on the screen on your browser or as a screenshot.
§ 6 Default of payment
(6.1) Websitebutler has the right to cease services and cancel the contractual relationship immediately, if the user is in default with a payment or impairs the deliverables on a server as a whole through improper use.
§ 7 Terms of payment
(7.1) Monthly payments are to be paid in advance for the contract period, starting with the day of the ready-for-use provisioning.
(7.2) Other payments, especially the payment of usage-dependent fees, are to be made after the rendering of the deliverable.
(7.3) The payment of the fees principally takes place via transfer, transfer, PayPal or sofortüberweisun. In the case that the user changes the bank and informs Websitebutler of this change, the previously granted direct debit authorization persists.
(7.4) Where the user maintains that charges invoiced to them were not incurred by them or third parties, Websitebutler will on request make the invoicing data/connection data available to them according to the contractually agreed upon billing mode. Where the invoice will be objected to, Websitebutler will prove that the owed deliverable was provisioned, rendered in a technically flawless manner and invoiced appropriately. For the identification of accounts created with fake data, we will charge the creators and users of such data/accounts with a processing fee (currently €150.00 incl. 19% VAT).
(7.5) For the selected contract mode and additional services, the prices currently stated in the price list published and always retrievable at http://www.webvisitenkarte.net apply. In the case of possible price changes, the user can exercise his/her right to cancellation according to the following §9. The utilization of the services after the price or tariff change or the change of the concerned service means the acceptance of the price change and implies the user's obligation to pay.
(7.6) Changeover of the selected services - the user can extend, restrict or change the services used at webvisitenkarte.net at any time. The provisions of the GTC apply to the extension, restriction or change.
§ 8 Contract period
(8.1) The contract for the "Free" service package runs indefinitely. The user can be excluded from the offer in accordance with the items mentioned in §10. The contracts of the service packages "Basic" and "Business" are subject to the agreed upon contract period.
(8.2) Where not otherwise arising from the concrete offer, the contract is always renewed for the applicable minimum contract period / previous contract period, if not cancelled in writing by one of the parties within the term of one week before the corresponding contract period expiry.
(8.3) Where a deterioration of the user's financial circumstances becomes known to Websitebutler, e.g. through a petition in insolvency or a promissory note procedure, Websitebutler is entitled to demand transfer or securities. This also applies to conspicuities in payment transactions (return debit notes, etc.). In the case of default, Websitebutler may charge interests from the applicable date, amounting to up to 5% over the base rate of the German Central Bank and/or the European Central Bank. The right on assertion of a higher interest damage remains unaffected thereof. In case of return debit notes, for which the user is responsible, Websitebutler is entitled to charge EUR 6.00 per return debit note. The user remains entitled to prove that no damage or a lesser damage has occurred. Subject to proof, Websitebutler is entitled to charge a higher damage.
(8.4) Where the user is in default of payment for two consecutive months with all or a significant part of the payments, or for a period of more than two months, whereas the default sum amounts to the due payment for 2 months or more, the Websitebutler can cancel the contractual relationship without notice and take legal action.
(8.5) Websitebutler is entitled to impose a partial or complete suspension of our service provisioning without notice or compliance with a waiting period, if the user is in default or has otherwise given cause for cancellation without notice. The user remains obligated to paying the monthly fee even after being suspended. Websitebutler reserves the right to assert further claims due to default. Costs and discount charges are borne by the user. At the same time, all our claims become due.
(8.6) Websitebutler reserves the right to assert further claims due to default.
(8.7) In the case of default of more than 2 months, the user agrees that Websitebutler will cancel (close) possibly existing domains.
§ 9 Cancellation
(9.1) Users of the "Free" service package can initiate the deletion of their user account at any time. The deletion can be initiated after login at "Administration -> Account".
(9.2) For users of the "Basic" or "Business" service packages, the following applies:
a) For contracts without minimum rental periods, the contractual relationship can be cancelled with a term of one week to the end of the month in writing or per fax and with indication of the domain, customer ID and cancellation date.
b) For contracts with minimum rental periods, the contractual relationship can be cancelled at the earliest by the expiry date of the minimum rental period. The notice must be received at Websitebutler - unless stated otherwise in the contract - in writing and at least one week before its intended effective date.
c) Where a cancellation is not received in time, the contract will automatically be renewed for the period selected by the user.
(9.3) Both parties can terminate the contract without notice for essential reasons. For Websitebutler, the non-compliance with obligations arising from the following § 10 is an example of such an essential reason. In this case, no payments are reimbursed.
(9.4) Websitebutler is entitled to deactivate the user account with the pertaining website, if the payments are not being made. Websitebutler is furthermore entitled to have the corresponding domain deleted by the releasing office.
(9.5) After the termination of the contractual relationship, Websitebutler is no longer obligated to render the contractually agreed-upon deliverables. All contents and files must be backed up by the user before the cancellation. A transfer of the data to a third party provider is not possible. The timely storage of the data lies within the user's responsibility. Websitebutler will have the domain deleted after the cancellation, if no transfer of the domain has been initiated before or with the cancellation.
§ 10 User's obligations and duties
(10.1) The user is obligated to use Websitebutler's services in an appropriate manner. In particular, he/she is obligated
a) to ensure that the network infrastructure or parts thereof are not overloaded by excessive utilization,
b) not to abuse the possibility of access to the Websitebutler services, and to omit illegal actions. Where contents or the design of a homepage of a user are in breach of applicable general laws, the user grants Websitebutler the right to block the access to this homepage, until the illegal part has been removed. In the case of illegal use or the misuse of a service by a user, Websitebutler is also entitled to block this user completely or partially from using this service. In the case of an obvious legal offense committed by the user (e.g. the distribution of illegal data), Websitebutler reserves the right to report this offense to the concerned authorities. Websitebutler is not obligated to audit the user's internet presences in regard to possible legal offenses.
Where Websitebutler creates one or more internet pages for the user, the contents of these pages is designed according to the user's specifications, for which the user is responsible himself.
c) to label the contents posted on his/her website as his/her own contents under indication of his/her full name and address (general information requirements of the e-commerce regulations). The user is advised that further legal labeling obligation might be applicable, if, for example, telecommunication or media services are offered on the internet pages. The user exempts Websitebutler from all claims based on a breach of the abovementioned obligations.
d) not to violate legal restraints, good manners and third party rights (trademarks, naming rights, copyrights, data protection rights, etc.). The user in particular commits to not offering any pornographic contents and not offering any profit-orientated services that involve pornographic and/or erotic contents (e.g. nude pictures, etc.). The user is not permitted to register his/her Internet presence in search engines as far as the use of keywords where the registration violates legal restraints, good manners or third party rights.
e) to comply with general principles of data security, in particular to keep passwords confidential and/or change them, or have them changed immediately, if there is suspicion that non-authorized third parties have gained knowledge of them.
f) to inform Websitebutler within one month of every change caused by case of inheritance or universal succession in the person of the user, for non-incorporated commercial companies, communities of heirs, non-incorporated associations, companies constituted under civil law or customer associations for the entry or drop-out of persons, every modification of the user's name or of the designation, under which he/she is registered in the operational documents of the Websitebutler, as well as every change of the address.
g) to enter every change of the address as well as name changes in the user menu immediately.
(10.2) If the user offends against the obligations mentioned in §10.1, Websitebutler shall be entitled to immediately or in any other case after failed written warning cancel the contractual relationship without notice.
(10.3) Websitebutler can regulate details of the cooperation amongst users by way of issuing User Rules. Offences against essential provisions of these user rules entitle Websitebutler to cancel the contractual relationship without notice after failed written warning.
(10.4) Where data is transferred to Websitebutler directly or on their server - regardless of the form - the user shall regularly create backup copies. The servers are automatically backed up at regular time intervals. In the case of data loss despite backup or due to the irreparability of data, the user shall transfer the corresponding data files to the servers anew free of charge.
As far as domains are subject of the contract, the following conditions also apply. The diverse top-level domains ("suffix") are administrated by a variety of different, mostly national organizations. Each of these organizations for the allocation of domains has different conditions for the registration and administration of the top-level domains, the pertaining sub-level domains, and the procedure in cases of domain disputes. As far as top-level domains are subject to the contract (service packages "Basic" and Business"), the corresponding allocation conditions according to annex also apply. As far as .de domains are subject of the contract, the DENIC domain guidelines also apply besides the DENIC domain conditions.
b) Obligations and rights
In the procurement and/or maintenance of domains, Websitebutler only acts as a mediator in the relationship between the user and the concerned organization. Websitebutler has no influence on the domain allocation and gives no warranty that the domains requested for the user will be allocated at all and/or that allocated domains will be free of third party rights or will last in perpetuity. Subject to this contract are all domains applied for by the user, as far as they were allocated to the user. Where individual domains are canceled by the user or due to binding decisions in domain disputes, the user shall not be entitled to apply for a free replacement domain. Websitebutler is entitled to implement the activation of a domain only after the payment of the agreed-upon registration fees. The user is obligated to report any possible loss of his/her domain to Websitebutler immediately. Where a user intends to buy his/her domain back from a third party, he/she is obligated to inform Websitebutler about the entering into negotiations with the third party, answer inquiries from Websitebutler about the status of the negotiations with the third party, and grant Websitebutler the precedence right for the buyback on the user's behalf, if and as far as this will not unreasonably affect the user's interests. Websitebutler is entitled to release the user's domains after termination of the contract. At the latest once this release has taken place, all rights of the user from the registration will lapse. Where claims are asserted towards Websitebutler by third parties due to factual or alleged infringement, Websitebutler shall be entitled to transfer the domain into the care of the registrar immediately and block the user's corresponding presence. Before applying for a domain, the user shall verify that no infringement is present. With the order for the domain, this verification will be considered as performed. The user is obligated to indicate an infringement immediately, as soon as he/she loses the rights. A change of the requested domain after the registration with the concerned registrar is excluded. In case of desired changes to the domain, a new processing fee is charged after consultation & confirmation.
(10.6) The user is obligated to keep the agreed access passwords strictly confidential. If there is the possibility that third parties may have gained knowledge of the password nevertheless, the user shall report this immediately. The user is liable for all user fees and damages that arise from the use of the user-specific access, notwithstanding the person using the access and the used user name.
(10.7) The user is not permitted
a) to point with hyperlinks to third party sites that involve illegal or pornographic contents on their part.
b) to use the infrastructure of Websitebutler to send spam mails - especially unrequested advertising mails; in case of an offence, Websitebutler reserves the right to block the internet address and the mail boxes as well as the user's access temporarily.
c) to send emails under a false name or otherwise disguise one's identity.
(10.8) The compensation claim persists in case of an access blockage.
§ 11 Third party use
(11.1) A direct or indirect use of the Websitebutler services by third parties is only permissible after express approval. This does not apply to use of the services through persons, who are employed in the user's business operation, or for such persons, who live in a common household with the user.
(11.2) Where the use through third parties is approved, the user shall introduce such third parties to the proper use of the services. Where the use through third parties is not approved, this causes no claim to reduction, reimbursement or damage compensation.
(11.3) The user shall also have to pay for such compensations that have occurred in the context of the access and use options provided to him/her through authorized or unauthorized use of the Websitebutler services by third parties.
§ 12 Right of lien and set-off, liability
As far as not stated otherwise in the following, damage compensation claims based on impossibility, positive contract breach and delay are excluded, if the cause for the damage is not based on intention or gross negligence.
(12.1) This does not apply, if the user asserts damage compensation non-fulfillment claims due to lack of a warranted quality in accordance with §§ 463, 480 section 2, 635 BGB.
(12.2) Where Websitebutler infringes an essential contractual obligation, i.e. an obligation, whose fulfillment enables the proper performance of the contract and whose observance the contractual partner can regularly rely on (cardinal duties), the obligation to compensation is limited to the predictable damage typical for the contract.
(12.3) The user can only offset unobjected or legally ascertained claims against claims by Websitebutler. The user is only entitled to the assertion of a retaining lien based on counterclaims from this contract.
(12.4) Websitebutler is not liable for delivery delays caused by company-internal strikes or lockouts.
(12.5) Websitebutler is not liable for the consequences (e.g. sales losses) of deficiencies, dysfunctions and/or interruptions of the Websitebutler services, if these are not caused by Websitebutler, in particular in case of dysfunctions of publicly accessible telecommunications facilities, networks, and services that are not operated by Websitebutler.
(12.6) Websitebutler is only liable for the recovery of data, if the user has ensured that these data can be recovered with reasonable expense from data material that is made available in machine-readable form.
(12.7) The liability according to the Product Liability Act remains unaffected.
(12.8) The liability policy of § 44a remains unaffected in the area of the Telecommunications Act.
(12.9) Websitebutler is only liable for damages that are based on the intention or gross negligence of a Websitebutler employee or agent.
(12.10) Websitebutler is not liable for users' loss of data or the unauthorized gaining of knowledge of user data through third parties.
(12.11) Websitebutler is not liable for statements, information and data that were disclosed to third parties by the user and misused by the third parties.
(12.12) Websitebutler is not liable for contents and actions of the users. Where third parties engage Websitebutler due to possible statutory violations resulting from the use of the objects subject to the contract, the user is obligated to exempt Websitebutler from any liability and compensate Websitebutler for the costs arising for them from the engagement. The release obligation because of the costs includes in particular the obligation to exempt Websitebutler from necessary legal defense costs (e.g. court and attorney fees).
(12.13) In the case of liability by Websitebutler, the maximum amount for which Websitebutler is liable, is that of a one year membership with Webvisitenkart.net.
§13 Reservation of proprietary rights
(13.1) The BGB reservation of proprietary rights applies. Delivered goods, services, websites as well as graphics and programs created by Websitebutler are property of Websitebutler and are subject to copyright even after full payment.
(13.2) Websitebutler grants the user a temporary simple right of use, limited to the term of the pertaining contractual relationship, of his/her own or third party software, programs or scripts made available. It is not permitted to grant rights of use to third parties. In particular, a sale is not allowed. The user will delete and make no further use of copies of relinquished software after termination of the contractual relationship. These provisions do not apply to open source programs, only the applicable license terms apply.
(13.3) Apart from that, the license terms of each individual manufacturer apply.
(13.4) The user may use the contents, texts, pictures, animations, video and audio footage made available during the contract period for the purpose of designing the internet presence subject to the contract. It is not permitted to grant rights of use to third parties. All materials have to be deleted after termination of the contract.
(13.5) Hardware and other ware remain property of Websitebutler until the full payment of the corresponding invoice.
§ 14 Final provisions
(14.1) Place of fulfillment is Hanover, Federal Republic of Germany. Sole place of jurisdiction for all claims from and based on this contract, including action on a bill of exchange as well as all disputes arising between the parties about the coming about, handling, or the termination of the contract is the place of Websitebutler's relevant office, provided the user is a registered trader, corporate body or legal entity under public law.
(14.2) Only the law of the Federal Republic of Germany to the exclusion of the UN Sales of Goods Law is applicable to this contract.
(14.3) The legal successors of the Websitebutler customers are also bound to the obligations from contracts that are concluded on the basis of these terms and conditions.
(14.4) Where a provision of this agreement should be or become ineffective, this shall not affect the effectiveness of the remaining provisions. Rather, a replacement provision conforming or at least near-conforming to the purpose of the agreement, such as the parties would have agreed upon in order to achieve the same economic result, if they would have been aware of the ineffectiveness of the provision, shall apply.
Tel.: +49 (0) 30 - 120 89 212
Fax: +49 (0) 30 - 120 89 212 9
Partners with power of representation:
Philipp Gohlke, Hendrik Köhler
Christian Pott, Malte Sieb
Register-Nr: HRB 154078 B
Gericht: Amtsgericht Charlottenburg (Berlin)