General Terms and Conditions

 

EDIS GmbH

General terms for domain, hosting and internet services Last updated June 1, 2008

1. General Information

1.1 The general delivery and business terms and conditions below are agreed upon as a part of our internet offer and subsequent contracts to be concluded as well as a part of all delivery contracts to be followed.

1.2 The general terms of delivery also apply to counselling and planning services as well as for queries provided within the delivery, if they are applicable accordingly.

1.3 Adverse conditions of the buyer are expressively objected even if the adverse conditions are transmitted in a letter of confirmation or transferred in another way. If these conditions do not contain any provisions, the ruling law applies.

1.4 The validity of the remaining provisions shall not be affected by the inefficacy of individual provisions of these conditions.

2. Offer and Confirmation of Order

2.1. Our offers are non-binding; a contract conclusion takes place by confirmation of order, or by delivery of the goods at the latest.

2.2 Illustrations or information and statements in catalogues, flyers, internet presentations and other advertising material are only approximately accurate as long as they are not explicitly designated to be binding. These are subject to amendment if the subject matter of the contract does not experience an unacceptable amendment for the customer.

2.3 Estimate of costs must be done in writing.

3. Prices

3.1 All prices are net prices and are quoted in Euro, plus 20 % VAT each. Austrian VAT is omitted for catalogue services within the EU if a valid VAT identification number is stated.

3.2 Forwarding costs (and insurance costs if included) from our business headquarters are invoiced separately unless otherwise agreed.

3.3 All goods delivered by us remain our property until full payment has been made.

4. Terms of Payment

4.1 All payments have to be made on the account provided ten days after receipt of invoice without deductions on the location of our office. Bills of exchange need to be agreed upon in advance in any case and about the manner and the extent of the settlement. Costs for bills of exchange have to be borne by the contracting party in all cases.

4.2 In the case that the customer falls behind payment after repeated reminders, EDIS GmbH is entitled to deactivate the customer’s internet presence at once. For readmission of internet presence, the customer accepts a reactivating lump sum of € 20. This lump sum corresponds to the expected cost expenditure under regular circumstances.

Since the internet deactivation is due to the customer’s sphere of responsibility, the customer is not excused from payment obligation, neither for the arrears nor for the fees due in the future. The claim of EDIS GmbH on payment of fees for the runtime agreed upon until the next possible termination date and the claim of EDIS GmbH on asserting the right of damages thus remain untouched.

4.3 Premature redemption for an important reason: EDIS GmbH is entitled to prematurely dissolve the contract with immediate effect if the customer falls behind payment after unsuccessful reminder in writing or via electronic reminder setting a final deadline of two weeks and threatening of premature contract redemption. A premature contract redemption due to the sphere of the customer’s responsibility does not affect the claim of EDIS GmbH on payment of the fees for the contract runtime agreed upon until the next possible termination term as well as the claim of EDIS GmbH on the right of damages. In the case of termination of contract, for whatever reasons, EDIS GmbH is no longer obliged to provide the services agreed. EDIS GmbH is, therefore, entitled to delete the stored or administered data. The due data storage and backup is solely on the responsibility of the customer. Regular back ups are also in due diligence of the customer. The customer is not liable for any claims against EDIS GmbH if deletion is justified.

4.4 If late payment occurs, bankable interest on arrears of 12 % p.a. are charged. We reserve the right to claim any further damage.

4.5 The setting off with contested or legally non-binding counterclaims is foreclosed. The retention of payment on the part of the customer due to counterclaims from other contractual relationship is foreclosed.

4.6 Payments are always credited against the claim due for the longest time.

4.7 If issued invoices are not objected to within a fortnight either per fax or by letter post, then this term is considered accepted.

4.8 Refunds are given at the managements discretion.

5. Ban of Assignment

The rights of the customer arising from the business made with EDIS GmbH are not transferable.

6. Warranty

6.1The buyer is obliged to examine the delivered goods or the rendered services on faults immediately. Notice of defects have to be made in writing. Open defects are to be notified within eight days after receipt of the goods, undisclosed defects immediately after discovery. If the buyer refrains from notifying the defect in due time and form, the goods or service are reckoned to be accepted.

6.2. The warranty takes place by remedial action or replacement, if possible; if warranty fails in this manner, the buyer is entitled to reduce the sales price or withdraw from purchase.

6.3. Each warranty in the case of improper use of the delivered goods is foreclosed.

7. Liability

7.1 As long as these conditions do not govern any deviations, all claims of the buyer, especially the right of damages of any kind are foreclosed, except those claims that are based on malicious intent or gross negligence of our staff and/or our vicarious agents.

7.2 Support services through our staff or instructions from manuals are done to the best of knowledge, though they are non-binding and do not account for a contractual legal relationship, nor are there any secondary obligations from the sales contract.

8. Notice of Cancellation, Run Times

8.1. The runtime of web hosting products is one year, and, if notice of cancellation is not made six weeks before service expires, it is automatically extended for another year.

8.2 The runtime of internet domains is one year (except .info and .biz domains: two years), and if notice of cancellation is not made six weeks before respective registration time expires, it is implicitly extended for another year.

8.3 All notices of cancellation must be made on cancellation sheets in writing signed by the owners and sent to EDIS GmbH (fax or letter). Cancellation domain, Cancellation web hosting

9. Technical defects, performance delay

9.1. In the case of technical defects there is no claim on liability for damage, and consequential damage as well as a loss of profit, except in case of malicious intent or gross negligence.

10. Duty of the customer, Liability of the customer

10.1 The customers must not breach ruling law with form, content and intended purpose of his internet presence. The customers ensures that no documents containing racial discriminations or violence glorifying as well as left-wing extremist or right-wing extremist contents are spread via the services made available by EDIS GmbH; neither are there links referring to such contents. Otherwise EDIS GmbH is entitled to refuse to accept the internet pages or delete them altogether. EDIS GmbH does not take on any duty to review content of web pages.

10.2 The transmission of bulk mails (SPAM) as well as bulk postings in newsgroups is not allowed.

10.3 The customer is obliged to make sure that any HTML sheets CGI and Java programmes that the customers may put online do not pose any security risk for the servers; what is more, the customer is also obliged to make sure that the computer capacities of EDIS GmbH are not overloaded or blocked by faulty programming.

11. Domain

1.1 EDIS GmbH does not accept the guarantee that domain names ordered by the customer can in fact be provided (first come-first served basis). Domain name providers reserve the right to refuse domain name applications without giving reasons.

11.2 The customer commits to adhere to the official domain name provider regulations (local presence in the Netherlands, for example) of the respective domain name registrar and not to violate the rights of third parties (right of name and brand name). The customer has to check if the requested domain name does not violate a registered trademark or patent or if the domain name is not a trademarked name. In the case EDIS GmbH is called upon by third parties because of violation of such rights, the customer commits to compensate EDIS GmbH. We also reserve the right to lock the respective domain.

12. Data Protection

12.1. The customer accepts the storage and automatic processing of this personal-related data which have been registered within the business relationship and are needed for the business partnership. The customer is entitled to freely inquire about his stored data referring to his person or his at the provider.

12.2 The customer indemnifies EDIS GmbH from all claims of third parties regarding the data left at EDIS GmbH.

12.3 If data on EDIS web servers are transferred – no matter in which form – the customer produces backup copies. In the case of loss of data the customer is committed to once again make the data material available. EDIS GmbH does not take on any guarantees whatsoever for data on web servers or backups. Regular backups are in due diligence of the customer. EDIS GmbH does not take on any form of liability or damages referring to loss of data.

12.4 The customer gets a user identification and a password to maintain his virtual hosts/servers. The customer is obliged to keep this password in confidence and is liable for any kind of misuse resulting from the unauthorized use of the password. The customer has the opportunity to change his password via an online administration tool at any time.

12.5 It is known to the customer that for all participants it is possible to wiretap data when they are transmitted. This risk is accepted by the customer.

13. Place of Jurisdiction

The parties agree on Graz as the place of jurisdiction.

14. Miscellaneous

In the case that individual provisions of this contract are or become invalid, the remaining content of this contract remains untouched. The contracting parties cooperate in mutual partnership in order to find a settlement that is as close as possible to the ineffective regulations.