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General terms and conditions of the United Gameserver GmbH
The following General Terms and Conditions(AGB) govern the contractual relationship between United Gameserver GmbH, Bahnhofstraße 15, 96450 Coburg (hereinafter „UGS”) and natural or legal persons who use the services provided by UGS (hereinafter: “customer”). The version in force at the time the contract is concluded is authoritative. The contract language is German.
§2 Services Provided by UGS
1. UGS operates high tech facilities in the property “Am Gatherhof 44, 40472 Düsseldorf” that are connected to the internet. In these facilities, UGS offers the customer the following hosting and housing services:
1. Co-location/IT-Housing: UGS provides the customer with assigned space (rack or cage) for the customer’s own hardware as well as an internet connection.
2. Customized Managed Hosting: The customer will use individually configured servers provided by UGS.
3. Server Hosting: The customer will use UGS’s dedicated or virtual servers.
4. Gameserver: The customer will use Gameserver, which is operated by UGS.
5. Domains: The customer will use Domain Services from UGS.
6. Additional services on request.
2. UGS guarantees server availability of 99% averaged annually. UGS also has a maintenance window for performing maintenance work. Maintenance is usually performed at night between 22:00 and 06:00 hours. This type of maintenance is excluded from the guaranteed availability. Also excluded are times in which the servers are unavailable due to problems lying beyond UGS’s control (network outages outside of the networks belonging to UGS, force majeur, culpable acts of third parties, etc). Separate rules regarding availability can be arranged in individual agreements with the customer in Service Level Agreements (SLA).
3. UGS provides no guarantee for the amount of bandwidth available.
4. UGS is entitled to provide services through third parties.
5. In providing Domain Services as defined § 2 (1) lit.e of these General Terms and Conditions, UGS acts simply as an agent between the customer and the office responsible for registering domain names. The domain names will be registered in the name of the customer.
6. In providing domain-services in the sense of § 2 (1) lit.e of these General Terms and Conditions, UGS assumes no guarantee for assigning the domain name desired by the customer. This likewise applies to the constitution of the domain. Most specifically, UGS assumes no guarantee that the desired domain will be unencumbered by the rights of third parties. The customer him/her-self must review for any possible conflict with third party rights before contracting UGS to register the domain.
§3 Customer’s Duties
1. UGS will bill the customer for services monthly in advance. The price figures include the currently applicable legally mandated VAT. The billed amount is due five days after receipt of the billing statement, without any discount. Billing statements will be sent solely by email. Should the customer need a billing statement sent via postal service, an additional processing fee of 3.50 Euros per statement will be assessed. At the request of the customer or at UGS’s demand, other billing intervals and methods of payment can be selected.
2. The customer is obligated to provide UGS with a correct and valid postal address when entering into a contractual agreement with UGS. The customer is obligated to keep these data complete and up-to-date.
3. The customer is obligated to grant UGS authorisation to collect the payments due at the conclusion of the contract. In the event that the account specified by the customer does not have an adequate balance or the customer does not fulfil the customer’s payment obligations for other reasons, the customer will be liable for default interest in the amount of ten percent annually. The right to demonstrate lower damages remains reserved to the customer.
4. In the event of a charge back UGS will charge a processing fee in the amount of 10.00 Euro. The right to demonstrate lower damages remains reserved to the customer.
5. A 7.50 Euro charge for the issuance of every demanding letter is stipulated
6. The customer is obligated with reference to the content the customer publishes, to fulfil its duty to identify him/her-self as the publisher as stated in § 5 TMG [German Telemedia Act] and § 55 RStV [German Radio Communications Act]. The customer must inform him/her-self concerning other possible informational obligations incumbent upon him/her.
7. The customer is obligated to design the customer’s content in compliance with the law. The customer is especially obligated to refrain from providing illegal content.
8. The customer is obligated, to refrain from using the servers provided to him/her or the servers the customer installed by himself in UGS’s facilities for illegal purposes, especially file sharing, port-scanning, MAC-modifications as well as distributed Denial of Service-attacks.
9. The customer is obligated, to carry out regular data storage outside of the UGS-network.
10. The customer is obligated, to refrain from sending e-mails to third parties who have not consented to receipt beforehand or whose consent to receive cannot be inferred from other means. This likewise applies to sending postings in chats and/or forums. The customer promises to pay UGS a contractual penalty in the amount of 5,100.00 Euro per incident in the event of culpable breach of this obligation under exclusion of the assumption of repeated offence.
11. The customer is obligated, to treat all passwords communicated to him/her for the fulfilment and use of the specified contractual obligations with strict confidentiality.
12. If the customer makes use of co-location/IT-housing-services in the sense of § 2 (1) lit.a of these General Terms and Conditions, the customer is obligated to demonstrate liability insurance coverage under which personal, property and asset losses are insured to a value of at least one million Euros. The customer also expressly recognises that the equipment the customer installs is not insured by UGS and that the customer is solely responsible for adequately insuring his equipment.
13. If the customer makes use of co-location/IT-housing-services in the sense of § 2 (1) lit.a of these General Terms and conditions, the customer is strictly solely responsible for the operation and maintenance of the customer’s Servers, unless the customer makes use of special services from UGS as defined in § 2 (2) of these General Terms and Conditions.
14. If the customer makes use of Domain Services as defined in § 2 (1) lit.e of these General Terms and Conditions, the customer declares ag expressly on commissioning UGS for domain registration, that the desired domain does not infringe on the rights of any third parties.
15. If the customer makes use of Domain Services as defined in§ 2 (6) of these General Terms and Conditions, the customer is obligated toward UGS to inform UGS immediately of any legal disputes arising on the basis of the domain registered and delegated by UGS and especially in the event that the accusation is advanced that the customer’s use infringes on the rights of third parties. In this case, UGS is already authorised even before the start of contract to waive the use of the disputed domain and/or block him/her from third-party access pending clarification of the rights. This rule applies analogously to the contents downloadable from the domain, especially in cases of copyright violations.
§4 Conclusion of Contact
1. The contract comes into being through UGS providing services to the customer. UGS has the right to refuse customer orders without providing an explanation.
2. Notwithstanding § 4 (1) of these General Terms and Conditions, the contract comes into being in the case of a contract for hosting and/or Co-location/IT-Housing-services through UGS’s sending the passwords and unlocking the server.
§5 Notification of Right to Revoke
The following cancellation policy applies only to consumers, which means you are entitled the right to revoke only if you a consumer. A consumer is any natural person (private client) who enters into a legal transaction, who is neither self-employed nor commercially affiliated.
Right to Revoke
You have the right to revoke this contract within 14 days without indicating any reasons. The revocation period is 14 days from the day of conclusion of the contract. To exercise your revocation right, you must send us the revocation to
United Gameserver GmbH
Fax: +49 (9561) 9762279
clearly stating the information of your order on the/a form (i.e. a letter dispatched with the post office, a fax or an email). You can use the revocation form attached, but not required. To ensure the revocation period, it is sufficient to send the notification of your right to revoke before the expiration of the revocation period.
Consequences of Revocation
When you revoke this contract, we must refund you back all the payments we have received from you, including delivery costs (with exception of additional costs, which resulted in different form of delivery requested by you, not part of our standard and favorable delivery option). The refund shall be made immediately and at the latest, within 14 days starting on the day we receive your revocation of contract. We will refund you using the same currency that was used with the original transaction, otherwise explicitly agreed with you; in no case to be recalculated due to repayment charges.
If you demand that the services should start during the revocation period, you will need to pay us a partial and proper amount compared to the total amount of the contract. This corresponds to services already provided until you inform us by exercising your right to revoke.
Your right of rescission exctincts prematurely if the contract is fulfilled,by both sides at your explicit wish completely, before you have used your,right of rescission. If you want to revoke your contract, please fill this,form and send back.
End of Notification of Right to Revoke
§6 Contract Period, Cancellation
1. The contract period is determined by the time frame stated in each individual case. If the contract is not cancelled in a timely fashion, it will automatically renew by the agreed-upon period; however, this will not be longer than one year.
2. Cancellation of the contract by the customer must be affected in writing.
3. The cancellation period is 4 weeks.
4. The right of cancellation without notice for due and sufficient cause remains unaffected. A due and sufficient cause exists especially if:
the customer does not fulfil the customer’s obligations deriving from § 3 of these General Terms and Conditions,
the customer is more than two weeks in default with payments owed,
the customer violates legal prohibitions, especially provisions of copyright law, law on competition, law on use of names or laws on data privacy/confidentiality,
the customer publishes content of a National Socialist, racist, or extremist nature or that which glorifies violence or child pornography or any other form of illegal content,
the customer continues to violate terms of the contract concluded between the customer and UGS in spite of warning from UGS,
if the technical or other standards change significantly.
5. In the case of a reason for cancellation as defined in § 6 (4) first bullet point of these General Terms and Condition, UGS can, at its own discretion, exercise the right of cancellation without notices or block access to the internet for the server used by the customer without prior notices or without setting a deadline for correction, until the breach of obligations is remedied. UGS will assess a fee for expenses incurred for blocking a server in the amount of 49.00 Euro.
6. If a contract whose minimum contract period has not yet been fulfilled is cancelled by UGS for due and sufficient cause and with immediate effect, the customer is still obligated to render payment. The amount to be paid will come to 50% of the monthly fee, which corresponds to the losses inflicted on UGS by the customer’s breach of contract, to the extent that the customer does not prove that the actual loss is lesser. This obligation ends with the reaching of the contract’s minimum contract period.
7. The assertion of claims to compensation for damages going beyond this and deriving from another legal basis is unaffected by § 6 (4) of these General Terms and Conditions.
8. In the case of a contract for co-location/IT-housing-services, the customer grants UGS a contractual lien right to any hardware installed by the customer as a security against any claims deriving from the contract. Moreover, in the event of default on payment lasting 10 days or more, UGS has the right to block internet access for the customer’s server without giving notice or setting a deadline. UGS will charge a fee for expenses incurred in the amount of 49.00 Euros to unblock the server.
1. UGS is liable for damages that are inflicted by it or by its auxiliary personnel through gross negligence or malicious intent. In the case of breach of essential contractual obligations, liability is restricted to foreseeable and typical damages in cases of simple negligence. Liability for culpable injury to life or limb or health is unaffected by this.
2. The customer is obligated to indemnify UGS and hold UGS harmless internally with respect to any third party claims deriving from illegal conduct of the customer or errors in the content that the customer provides.
3. The customer is solely and exclusively responsible for the content stored on the server.
4. UGS will operate its technical infrastructure in conformity with the state of the art. UGS is not liable for damages that are inflicted by attacks from third parties on the technical infrastructure either already in place or installed at UGS, especially not those caused by DDoS (Distributed Denial of Service)-attacks, virus attacks or other attacks from hackers.
§8 Data Privacy Statement
1. The customer gives consent that the customer’s personal data will be acquired and used by UGS in compliance with legal regulations.
2. If the customer makes use of a Domain Service, the customer gives consent going beyond § 8 of these General Terms and Conditions that the customer’s personal data will be forwarded to the office responsible for domain registration.
§9 SCHUFA [Credit Reporting Agency]-Clause
1. On ordering services, the customer gives consent that UGS will share data concening the application for, acceptance of and termination of this contract with SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, and will receive information about the customer from SCHUFA. Independent of this, UGS will also share data on conduct in violation of this contract with SCHUFA. These reports will only be made after all affected interests have been weighed.
2. SCHUFA stores and shares these data with its contracting parties inside the EU-domestic market, in order to provide information for the assessment of the creditworthiness of natural persons. Contracting parties of SCHUFA include predominantly credit institutions, credit card and leasing companies. Along with these, SCHUFA shares information with retail, telecommunications and other companies that provide goods and services for credit. SCHUFA only makes personal data available if there a justified interest in this information is credibly demonstrated in the specific case. In the case of tracking debtors, SCHUFA releases address information. In disclosing information, SCHUFA can also communicate a probability value for evaluating the credit risk based on its data to its contracting partners (credit scoring procedure).
§10 Court of Jurisdiction, Applicable Law
1. If the contracting partner is a merchant, a legal person under public law or a special estate under public law, Coburg will be accepted as the exclusive court of jurisdiction for all claims that derive from this contract. This like applies to persons who have no public court of jurisdiction in Germany or persons who have transferred their domicile or habitual residence outside of Germany after the concluding oft he contract or whose domicile or habitual residence is not known at the time the complaint is brought.
2. German law applies to contracts between UGS and the customer.
§11 Concluding Provisions
1. The customer can only offset with claims against UGS if these are recognised by UGS or have legal force.
2. All of UGS’s declarations to the customer can be made in text form.
3. Should any provision of these General Terms and Conditions prove unenforceable, the enforceability of the other provisions remains unaffected. The unenforceable provision will be deemed replaced by a legally enforceable one that, in commercial terms, most closely approximates the sense and purpose of the unenforceable provision.
THIS NOTICE OF RIGHT OF TO REVOKE AND THESE GENERAL TERMS AND CONDITIONS ARE UNDER COPYRIGHT HELD BY THE LAW OFFICES “KANZLEI DANIEL RAIMER” AND MAY ONLY BE REPROUCED AND USED WITH THEIR PERMISSION. VIOLATIONS WILL BE PROSECUTED UNDER CIVIL AND CRIMINAL LAW.
Copyright 2016 by United Gameserver GmbH. All rights reserved.V184.108.40.2068