General Terms and Conditions (AGB)
NMMN - New Media Markets & Networks IT-Service GmbH
and
NMMN - New Media Markets & Networks Innovations GmbH
hereinafter referred to as NMMN
1. general - scope of application
These GTC apply exclusively to services and sales of NMMN; conflicting GTC of the buyer are not recognized by us, even if we do not expressly object to his conditions known to us. Some chapters deal specifically with tariffs and services, which must always be observed.
1.1 Our GTC shall also apply to all future transactions, even if this is not expressly agreed again or these GTC are not attached again.
1.2 NMMN is entitled to amend the content of this contract with the consent of the customer, provided that the amendment is reasonable for the customer, taking into account the interests of NMMN. Consent to the amendment to the contract shall be deemed to have been given if the customer does not object to the amendment within four weeks of receipt of the notification of amendment. NMMN undertakes to inform the customer of the consequences of failing to object with the notification of change.
2. brochures, price lists, prices, offers
2.1 The range of goods contained in our brochures, price lists and advertising material is always subject to change.
2.2 The prices stated in our brochures and price lists shall become invalid upon publication of a new
brochure or a new price list. The prices for special offers are only valid in accordance with this offer and are limited to the stock of goods available at the time the special offer is issued.
2.3 The prices stated in our price lists do not include the statutory value added tax (VAT). If the VAT rate changes by the time the purchase contract is concluded, the purchase price shall be reduced or increased accordingly.
2.4 If the buyer requests a different shipping method, in particular express shipping, the additional costs plus VAT will be charged separately.
2.5 Our offers are subject to a limitation in terms of storage space. In the event that the limitations are exceeded, we are entitled to demand an appropriate advance payment from the customer.
2.6 Offers are made subject to the inclusion of our GTC.
2.7 Offers for leased lines/DSL
Offers and prices for leased lines and DSL (Digital Subscriber Lines) are subject to availability.
3. orders and order confirmations
The purchase contract is concluded on the basis of a declaration of intent by the customer and subsequent order confirmation by us, provision of the service or delivery of the invoice.
4 Delivery times, obstacles to delivery, withdrawal
4.1 The delivery times stated by us are binding. If a deadline cannot be met, you will be informed accordingly.
4.2 If we have promised delivery at a fixed time or if we are bound to a delivery time for any other reason, the Buyer may use the statutory remedies.
4.3 If, after conclusion of the purchase contract, it turns out that the upstream supplier finally fails to deliver or that import restrictions prevent the purchase of the goods for an unforeseeable period of time, we shall be entitled to withdraw from the contract or - if only part of the agreed delivery is affected - to declare partial withdrawal in this respect.
4.4 If unforeseeable and unavoidable cost increases occur for us after conclusion of the purchase contract due to the fact that we have to pay higher prices for the purchase of the goods or customs or tax increases (not VAT) occur, we shall be entitled to withdraw from the contract or - if only part of the agreed deliveries are affected - to declare partial withdrawal in this respect.
4.5 Claims for damages are excluded in the aforementioned cases, unless the damage is due to an intentional or grossly negligent breach of contract by our legal representatives or our vicarious agents.
5. place of performance, transfer of risk, shipment
5.1 The place of performance is the registered office of NMMN, unless otherwise agreed.
5.2 We shall ship the goods from our warehouse or, in the case of direct delivery, from our supplier's warehouse at the risk of the Buyer to the place of dispatch requested by the Buyer. If there is no such place, the place of dispatch shall be the business address specified by him.
5.3 If we have not agreed any other type of shipment with the Buyer, the goods shall be shipped by forwarding agents in accordance with the German Freight Forwarders' Standard Terms and Conditions or in accordance with the terms and conditions of the foreign forwarding agent that we commission in the case of direct delivery from our supplier's warehouse.
5.4 The buyer must inspect the goods immediately upon unloading for shortages and transport damage, in particular for breakage, and have the damage incurred acknowledged on the consignment note, separately by type, in order to be able to assert corresponding claims against the contractor entrusted with the shipment. A notification of damage that is not already noted on the consignment note must be received by the delivering freight forwarder no later than the 6th day after delivery.
6 Warranty, limitations of liability
6.1 The warranty rights of a buyer who is a merchant and for whom the purchase contract is part of his commercial business presuppose that the buyer has fulfilled his obligations to inspect and give notice of defects in accordance with §§ 337, 378 HGB (German Commercial Code) in a timely and proper manner.
6.2 The buyer, who is not a merchant, must notify us in writing of obvious defects in the goods within two weeks and specify the type and quantity of the affected lots, otherwise he will lose his warranty rights due to such defects.
6.3 If the delivered goods are defective, we are obliged to deliver goods of the same type or to make use of the right to rectification. If we do not have goods of the same type in stock or not in sufficient quantities, the Buyer may declare rescission of the contract in this respect; we may declare rescission or partial rescission with regard to the goods that cannot be delivered. Further claims of the buyer - regardless of the legal grounds - are excluded. In particular, we shall not be liable for damage that has not occurred to the goods themselves or from a service, nor for loss of profit or other financial losses of the buyer. This exemption from liability does not apply to claims for damages if the damage is due to intent or gross negligence on the part of our legal representatives or our vicarious agents. Furthermore, it shall not apply if the buyer asserts claims for damages for non-performance due to the absence of a warranted characteristic.
6.4 All further claims are excluded, irrespective of their legal basis, in particular for compensation for damages that have not occurred to the service itself, except in the case of intent or gross negligence.
6.5 If the service rendered cannot be used by the customer in accordance with the contract due to culpable breach or ancillary obligations incumbent upon us, e.g. due to omitted or incorrect advice or instructions, the provisions under clause 6.3 shall apply accordingly to our liability to the exclusion of further claims. Otherwise, we shall only be liable for breach of secondary obligations or tortious acts in the event of intent or gross negligence.
6.6 We accept no liability for third-party products and services and do not guarantee their function.
6.7 NMMN assumes no warranty, unless expressly contractually agreed, for the properties of products or their use, in particular for software. This also applies in particular to defects in products in the area of security, e.g. e-mail virus scan system. The customer is advised to take further precautionary measures himself for these services. Complete security cannot be guaranteed by NMMN.
6.8 All claims for damages of the client against NMMN shall become time-barred six months after the occurrence of the damage event.
7. due date of purchase price, default of payment
7.1 Unless otherwise agreed, the purchase price is due immediately net without deduction after the invoice date.
7.2 In the event of default in payment, the Buyer shall pay interest on the outstanding amount at 6% p.a., unless he can prove that we have suffered no loss at all or a significantly lower loss as a result of the default in payment. Irrespective of the above provision, the buyer shall pay interest on the purchase price at the statutory interest rate. Unless otherwise agreed, any subsequent deferral granted by us shall not affect the obligation to pay interest.
7.3 If the customer does not meet his payment obligations or the obligations arising from the retention of title, if he suspends his payments, if judicial composition or bankruptcy proceedings are opened against his assets or if claims are made which give rise to considerable and justified doubts about his creditworthiness, our total claim against him - even in the case of bills of exchange with a later due date - shall become due immediately.
7.4 In the event that the customer is more than four weeks in arrears with payment, NMMN is entitled to block the services immediately. The customer accepts a reactivation fee for the resumption of the Internet presence.
7.5 We shall be entitled to charge interest on arrears at a rate of 6% from the date of default.
8. set-off
Retention not applicable
9. retention of title and extended retention of title.
9.1 We reserve title to the delivered goods until all payments arising from the purchase contract have been received. If the buyer acts in breach of contract, in particular in the event of default of payment, we shall be entitled to take back the purchased goods. After taking back the purchased goods, we are authorized to sell them. The realization proceeds shall be credited against the buyer's liabilities after deduction of reasonable realization costs.
9.2 If the buyer is a merchant and the purchase contract is part of the operation of his commercial business, or if the buyer is a legal entity under public law or a special fund under public law, we also reserve title to the delivered goods until all claims that have already arisen at the time of conclusion of the contract have been settled.
9.3 The Buyer is entitled to consume goods subject to retention of title himself or to sell them in the ordinary course of business. We may revoke the authorization to consume and sell if the Buyer defaults on its payment obligations to us. The buyer hereby assigns to us in full as security all claims which he acquires from the sale against his customer or third parties and claims from insurance benefits due to loss of or damage to the reserved goods or from unauthorized action. The buyer is revocably authorized to collect these claims. We shall only issue the revocation and only collect the assigned claims if the buyer is in default with his payment obligations to us, if he has suspended his payments or if an application for the opening of bankruptcy or composition proceedings has been filed.
9.4 We undertake to release the securities to which we are entitled at the buyer's request to the extent that the value of our securities exceeds our claims to be secured by more than 20%; the selection of the securities to be released is at our discretion.
10. data storage
10.1 The data collected in the course of the initiation and execution of the contractual relationship will be stored by us in accordance with the Federal Data Protection Act and the GDPR and, if necessary, modified.
10.2 This data may be transmitted to the commercial agents responsible for the customer (if available) as part of the fulfillment of the business purpose.
11. EAN bar coding
11.1 The buyer is obliged to check the correctness of the EAN barcode affixed to the goods or any other coding affixed for corresponding purposes immediately after receipt of the goods by means of spot checks.
11.2 Our liability for incorrect or faulty coding is limited to intent or gross negligence on the part of our legal representatives or vicarious agents.
12. declaration, written form
12.1 Unless otherwise provided for in these GTC, declarations by the Buyer shall be addressed exclusively to us. If he makes declarations to other persons, e.g. our commercial agent, these declarations shall only be effective if they have been confirmed by us.
12.2 Insofar as the law or our GTC require declarations to be made in writing, this form shall also be deemed to have been observed for transmission by fax or e-mail.
13. change of contractual partner
NMMN is entitled to transfer the contractual relationship with all rights and obligations to another company, in particular an operating company, if this company offers the guarantee of proper fulfillment of the contractual obligations.
13.1 NMMN is entitled to change the access network to the Internet (backbone) at any time. The high
quality of the Internet access provided by NMMN may make it necessary to change the dial-in number. NMMN will therefore inform the customer immediately of new dial-in numbers and request the customer to use them exclusively, if necessary.
14. freelancers
Freelancers are employees who provide a service for NMMN on a sporadic basis. They are invoiced for the services they provide and are therefore not permanent employees.
14.1 Freelancers are subject to a confidentiality obligation with regard to internal data even after the end of the collaboration.
14.2 Data protection, the Federal Data Protection Act (BDSG) stipulates that it is prohibited to process, disclose, make accessible or otherwise use protected personal data for a purpose other than that for which the respective task is performed. Insofar as the freelance employee is involved in the collection, recording, storage, transmission, modification, deletion, use, collection and/or blocking of personal data in his work for NMMN, NMMN hereby draws the freelance employee's attention to the provisions on compliance with data protection. The employee undertakes to handle personal data confidentially and to comply with the provisions of data protection law. This obligation to maintain data secrecy shall continue to exist after termination of the employment relationship. The freelancer is obliged to confirm that no data, in particular customer data, will be stored privately or kept in his possession for further use after the end of the cooperation. This also applies to any work material or equipment provided. In this case, NMMN is entitled to charge a contractual penalty of EUR 20,000, payable immediately, 30 days after the end of the cooperation.
14.3 By working with NMMN, the freelancer has no right to the procurement or receipt of services.
14.4 If no notice periods have been contractually agreed, a collaboration can be terminated at any time with immediate effect.
14.5 The freelancer is not authorized to act or conclude transactions in the name of NMMN. Business transactions require express written authorization. Other agreements must be made in writing.
15 Payments and due date
All invoices are due for payment immediately, unless the invoice specifies a different payment date. Payments shall be deemed to have been effected when credited to our account. We only accept bills of exchange by prior agreement. Bills of exchange or checks shall always be credited subject to redemption with the value date of the day on which we have the equivalent value at our disposal. Discount and bill of exchange costs shall be borne by the customer.
15.1 Monthly fees for e.g. access, line provision, etc., shall be paid pro rata for the remainder of the month, starting on the day of operational provision. Thereafter, these fees are payable in advance and become due on the first working day of the month. If the charge is to be calculated for parts of a calendar month, it shall be calculated at 1/30 of the monthly charge for each day. Consumption units, e.g. traffic volume, are calculated after the fact.
15.2 Other charges, in particular usage-dependent charges (traffic fees), are payable after the service has been provided and are due on the first working day of the following month. NMMN may offset or book payments by the customer against the total claim or against other existing claims.
15.3 NMMN reserves the right to debit monthly amounts from the customer's account by direct debit authorization before invoicing at the beginning of the calendar month. Additional accrued amounts can also be drawn during the course of the month.
15.4 The customer shall ensure punctual payment of the invoices. Otherwise, NMMN is entitled to invoice the customer for the costs incurred. There is no obligation on our part to refund services that have already been paid for.
15.5 If NMMN provides partial services, the customer has no right to withhold entire payments/invoice amounts.
15.6 Invoices shall be sent by email. At the customer's request, invoices will also be sent by post, but will be charged at least EUR 3.00 per month in addition. If a higher amount is stated for this in the respective valid price list, NMMN is entitled to demand this amount.
15.7 An additional processing fee of at least EUR 12.50 will be charged for returned direct debits.
16 Termination, contract terms
The term of the web hosting tariffs is at least one month, unless otherwise agreed. If the contract is not terminated 30 days before the end of the month, it is tacitly extended by one month unless otherwise agreed.
16.1 The minimum term for domains, SSL certificates or ENUM entries is at least 1 year, or 2 years depending on the tariff. The respective tariff is decisive for the minimum contract term. This is shown on the documents such as the order confirmation or invoice. If the customer does not cancel these tariffs, taking into account the notice period of at least 60 days to the end of the calendar month, the contract for the product(s) or service(s) is automatically extended by at least 1 further year (12 calendar months). NMMN will automatically continue to register/renew the domains, SSL certificates or ENUM entries with the respective registrars. Other minimum terms are specified separately.
16.2 The minimum term for leased lines, ASP services or other services is at least 12 calendar months, unless stated otherwise. The contract term always starts from the time the service goes online or is made available, not from the time the order is accepted. Termination is therefore possible at the earliest on the date of commissioning plus 12 calendar months. Automatic renewal also refers to the date of commissioning. It is also 12 calendar months in each case, unless otherwise specified.
16.3 NMMN reserves the right to transfer DE domains to DENIC's transit area at any time without giving reasons. This means that DENIC takes over the administration of the domains directly and charges the holder directly. The reason for this is that the customer of the domain concludes a contract directly with DENIC e.V. and NMMN only acts as an intermediary and administrator. However, NMMN can hand over this task completely to DENIC. The Domain Holder will be notified of this by DENIC as the Registrar.
16.4 If domains or ENUM entries are linked to other tariffs, the domain, SSL certificates or ENUM entries will be decoupled upon termination of the tariff and will continue to be charged at the respective current tariff. Termination of the administration of a domain must be made in writing for each domain individually.
16.5 By signing the contract, the customer confirms that NMMN has an irrevocable right to delete a domain or ENUM entries in the event of non-payment.
16.6 NMMN reserves an extraordinary right of termination for all services provided.
16.7 NMMN reserves the right to withdraw from advertising placements, even after conclusion of the contract, if it appears unreasonable to implement the contract. This is particularly the case if the advertising placement violates copyright, competition, press, criminal or other legal provisions. The client has the right to be informed of the reasons for the rejection. If the client is unable to provide new advertising material that meets NMMN's requirements, the client is entitled to a refund of payments already made. If NMMN is not at fault for the unreasonableness of the execution of the contract, costs already incurred by NMMN shall be deducted from this reimbursement claim. Further claims by the client are excluded. If, in such a case, no payments have been made by the client, NMMN may demand compensation for costs already incurred.
16.7 Cancellation of advertising orders or eMarketing by the client is generally not possible. In individual justified cases, however, NMMN may grant the client a right of withdrawal at its own discretion up to six weeks before publication of the online advertising. However, there is no entitlement to this. Withdrawal is only effective if NMMN agrees to the withdrawal in writing.
16.8 If the client terminates the advertising contract without good cause (§ 649 sentence 1 BGB), he must pay for the defect-free services rendered up to the termination. Furthermore, the client is obliged to pay NMMN a lump-sum compensation amounting to 50% of the unperformed part of the order amount as damages.
17 Technical problems, delay in performance
17.1 In the event of technical problems or discontinuation of a service that does not allow the continuation of this contract, NMMN is entitled to terminate parts or the entire contract without notice. In this case, the costs charged for the current month will be refunded to the customer on a pro rata basis. Except in the case of intent or gross negligence, there is no claim to liability for indirect damage and consequential damage or for loss of profit.
17.2 As is usual on the Internet, the published data on the servers rented by NMMN cannot necessarily always be accessed. This applies in particular to general bottlenecks in the infrastructure of the Internet, with which the NMMN servers have nothing to do. NMMN is not responsible for such failures.
17.3 In the event of outages of the NMMN servers that last longer than one week without interruption, NMMN shall reimburse the customer the pro rata storage space costs.
17.4 NMMN is not responsible for delays in performance due to the failure of communication networks. This also applies to bindingly agreed deadlines.
17.5 Claims for damages on the part of the customer arising from services not rendered are excluded against NMMN and its vicarious agents, except in cases of willful misconduct or gross negligence.
17.6 In the event of delays in the event of line relocations, possibly by vicarious agents or third parties, NMMN is entitled to assign several new dates. A specific time on the scheduled day cannot be allocated.
17.7 Advertising placement: In the event of faulty placement of an advertisement, NMMN is entitled, at its discretion, to either replace the placement to the extent that the purpose of the placement has been impaired or to rectify the defect. Only if such a replacement placement or rectification is impossible, has failed at least twice, is unreasonably delayed or has been refused to NMMN by the client despite the setting of a reasonable deadline, is the client entitled to either cancel the contract (rescission) or reduce the remuneration (reduction). An error in the advertising placement in the aforementioned sense does not exist if the display complained of is caused by the use of unsuitable display software or hardware (e.g. browser) or by faults in the communication networks. browser) or by faults in the communication networks of other companies or by computer failure at Internet providers or online services or by incomplete and/or non-updated offers on so-called proxy servers (intermediate storage) of commercial and non-commercial providers and online services, which are outside the sphere of responsibility/influence of NMMN, or caused by the failure of a server which lasts no longer than 24 hours (consecutive or cumulative) within 30 days of the start of the contractually agreed placement, due to force majeure, strike or other reasons for which NMMN is not responsible. Should errors occur in the execution of an order, the client is not entitled to refuse payment for another order. Offsetting is only permitted if the client's claim for offsetting is undisputed or has been legally established.
18 Obligations of the customer, liability of the customer
The customer may not violate legal prohibitions or morality in Germany (§242 BGB) with the form, content and purpose of its Internet presence. The customer assures that no discriminatory, racist, violence-glorifying, erotic, pornographic, left-wing or right-wing extremist content is distributed via the services provided by NMMN, nor is reference made to such content with a link. Otherwise, NMMN is entitled to refuse to include the Internet pages or to delete them. NMMN hereby assumes no obligation to check. The customer is liable in the event that the customer's Internet presence violates legal prohibitions or "good morals" in Germany.
18.1 The sending of mass e-mails or the sending of mass postings in newsgroups, so-called SPAM, via services provided by NMMN is prohibited.
18.2 Violations will be punished with a contractual penalty of at least EUR 1,000, payable to NMMN. NMMN reserves the right to report this incident to the authorities.
18.3 The customer must ensure that any HTML forms, CGI programs and Java programs supplied by the customer do not pose any security risks on NMMN's server and that NMMN's computer capacities are not burdened or blocked by faulty programming. All financial consequences of failures attributable to this are to be reimbursed to NMMN by the customer.
18.4 If the customer guarantees a minimum purchase quantity of services in a certain period, he must fulfill this obligation. A goodwill rule of 10% shall apply. If the quantity of services purchased is less than this, subsequent payment according to the previously applicable price level is justified.
18.5 The customer shall pay all costs arising from the use of his access code, unless he can prove that he is not responsible for certain costs.
18.6 The customer warrants that the data provided by him to NMMN is correct and complete. He undertakes to inform NMMN immediately of any changes to the data provided and to reconfirm the current accuracy within 15 days of receipt upon request from NMMN. This applies in particular to the customer's name and postal address, e-mail address and telephone and, if applicable, fax number.
18.7 The client is obliged to check the advertising immediately after it is posted or appears on the website or in other electronic advertising media and to complain about any errors within one week of the posting or appearance of the advertising at the latest. If the complaint is not made in good time, the warranty claims shall lapse.
19. reproduction of the website
NMMN accepts no liability for the correct reproduction of the applicant's Internet pages, unless NMMN is guilty of intent or gross negligence. NMMN shall only be liable for indirect damage and consequential damage as well as for loss of profit in the event of intent or gross negligence up to a maximum amount of EUR 200.
20. domains (see also section Termination)
NMMN does not guarantee that the domain names ordered can be provided.
20.1 The customer undertakes to comply with the official allocation guidelines of the respective registry and not to infringe the rights of third parties. The customer must check that the desired domain name does not infringe the trademark of another company or that the domain name is not protected by trademark law. In the event that claims are made against us by third parties due to the infringement of such rights, the customer undertakes to indemnify us. We also reserve the right to block the domain in question.
20.2 Insofar as domains are the subject of this contract, the various top-level domains ("end abbreviations") are administered by a large number of different, mostly national organizations. Each of these organizations for the allocation of domains has established different conditions for the registration and administration of the top-level domains, the associated sub-level domains and the procedure for domain disputes. In this respect, the corresponding terms and conditions apply in addition. If .DE domains are the subject of the contract, DENIC's Domain Terms and Conditions, DENIC's Domain Guidelines and the DENICdirect Price List shall apply in addition.
20.3 The customer is obliged to notify NMMN immediately of any loss or data change of his domain. If the customer intends to reacquire his domain from a third party, he is obliged to inform NMMN immediately of the commencement of negotiations with the third party, to answer inquiries from NMMN about the status of the negotiations with the third party and to grant NMMN the priority right to reacquire the domain for the customer, if and insofar as this does not unreasonably impair the interests of the customer.
20.4 If a contract whose scope of services includes a domain ends, NMMN is entitled to release the customer's domain after termination of the contract. All rights of the customer arising from the registration expire at the latest with this release. The subject of such a contract is all domains applied for by the customer, insofar as they have been allocated to the customer. If individual domains of a tariff are terminated by the customer or due to binding decisions in domain disputes, the customer is not entitled to apply for a replacement domain free of charge.
21. services in the area of (managed) hosted servers or additional hardware in the hosting tariff
NMMN guarantees the hardware provided for 2 years (730 days) from the date of provision. Thereafter, a customer will be charged the purchase price for replacement parts plus the service units used to install the hardware, including any configuration.
22. calculation of benefits
Additional work services that are not covered by the rates or agreements are charged per unit of work commenced = unit of work = min. 10-minute cycle.
22.1 Work units cannot be accumulated or saved and are not transferable, i.e. they expire at the end of the respective billing period.
23. data protection
If the customer wishes to be entered in the Internet search programs and business directories, the relevant data shall not be deemed confidential and may be freely published by NMMN on the Internet and thus made accessible to third parties.
23.1 The customer shall indemnify us against all third-party claims in respect of the data provided.
23.2 Insofar as data is transmitted to us - in whatever form - the customer shall make backup copies. Our servers are backed up regularly. In the event of data loss, the customer shall be obliged to transmit the relevant data to us again free of charge.
23.3 The customer shall receive a user ID and a password for the maintenance of his virtual host/server. He is obliged to treat these confidentially and is liable for any misuse resulting from unauthorized use of the password. The customer has the option of changing his password at any time. For legal reasons, NMMN must be notified immediately in writing of any changes to the password, stating the new password.
23.4 The customer is aware that it is possible for all participants in the transmission path to intercept transmitted data; the customer accepts this risk.
23.5 NMMN does not guarantee that third parties cannot gain access (via other access providers, FTP or similar) to data and content on storage space rented from NMMN. Furthermore, NMMN does not guarantee that data or content cannot be copied, manipulated or altered in any way by third parties. In the event of damage, except in the case of intent or gross negligence, there is no claim to liability for indirect damage and consequential damage or for loss of profit.
23.6 The customer agrees, if he does not object to this point in writing, that he will be provided with newsletters from NMMN for information purposes.
24. voice over IP (VoIP)
Access via fixed connections is not provided. The aforementioned provisions shall not apply unless otherwise agreed upon conclusion of the contract. Excluded from this are times in which the server cannot be reached via the Internet due to technical or other problems beyond the control of NMMN (force majeure, fault of third parties, etc.). For smooth IP Phone operation, the end user must have a bandwidth of at least 80 KB/s (e.g. from TDSL 1000). NMMN may restrict IP Phone Internet access and access to other services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data, the interoperability of services or data protection require this.
24.1 In the first month of use from the conclusion of the contract, NMMN is entitled, but not obliged, to provide the customer with variable services only up to an equivalent value of EUR 35.00, unless otherwise expressly agreed. When this amount is reached, this amount can be debited from the previously agreed bank account or credit card.
25. prices
NMMN is entitled to increase the fees a maximum of once per quarter. The price increase requires the customer's consent. Consent is deemed to have been given if the customer does not object to the price increase within 4 weeks of receipt of the notification of change. NMMN undertakes to inform the customer of the consequences of failing to object with the notification of change.
26 License agreement, copyrights
The customer receives from NMMN a non-exclusive right to use the programs (license) for the duration of the contract. If the customer is authorized by NMMN for multiple licenses of the program, the following terms of use shall apply to each individual license. The term "program" includes the original program, all reproductions (copies) of the same as well as parts of the program even if these are linked to other programs. A program consists of machine-readable instructions, audiovisual content and the associated license materials. In all other respects, the license terms of the respective program manufacturer apply.
26.1 The customer undertakes to ensure that everyone who uses this program complies with this license agreement. The customer may only use the program on one computer at a time. Use" of the program is deemed to exist if the program is located in the main memory or on a storage medium of a computer. A program that is only installed on a network server for the purpose of program distribution is not considered to be in use.
26.2 The license fees charged by NMMN are based on frequency of use (e.g. number of users), resources (e.g. processor size) or a combination of both. If access to a program is controlled by a license management program, copies may be made and stored on all machines under the control of that license management program, but usage may not exceed the total number of users or resources permitted. Some programs intended for use at home or while traveling may be stored on one primary and one secondary computer, but the program may not be actively used on both computers at the same time.
26. 3 The customer may back up data in accordance with the rules of technology and make the necessary backup copies of the programs for this purpose. If the manual is available on data media, it may be printed out on paper. The customer may not change or remove copyright notices of NMMN. The customer is not entitled to use, copy, edit, transfer, convert into another form of expression (reverse-assemble-reverse-compile) or translate the program in any other way than described herein, unless such a conversion is provided for by express legal regulations. He is not entitled to rent, lease or sublicense the program.
27. homepages
Insofar as a homepage is the subject of the contract, the customer is obliged to label content posted on his website as his own content, stating his full name and address.
27.1 Insofar as a homepage is the subject of the contract, the customer is obliged to design his website in such a way that an excessive load on the server, e.g. through CGI scripts that require a high computing power or an above-average amount of RAM, is avoided.
28. traffic
For the determination of the data transfer volume, one gigabyte corresponds to one thousand megabytes, one megabyte to one thousand kilobytes and one kilobyte to one thousand bytes. NMMN will provide volumes for additional data transfer within the scope of the technical capacity of the data center and taking into account the performance obligation to other customers for an additional fee, the amount of which is specified in the applicable price list.
29 Hardware provided for use
Hardware provided for use, e.g. routers for DSL lines, must be handed over at any time at the request of NMMN or returned to the registered office of NMMN free of charge. The hardware provided remains the property of NMMN.
30. agreement of a lien
The customer and NMMN agree that NMMN acquires a lien on the customer's items brought in or handed over to secure its claims. The customer is only entitled to remove the items brought in with the prior consent of NMMN.
31. foreign contact, place of jurisdiction and applicable law
If a buyer is not domiciled in Germany and belongs to a country in which the UN Convention on Contracts for the International Sale of Goods (CISG) applies, this law shall apply in addition to the agreements in the purchase contract and our GTC. For other buyers domiciled abroad, the law of the court called upon by us shall apply in addition to the agreements in the purchase contract and in our GTC. Otherwise, the place of jurisdiction is always the registered office of our company, now Hamburg.
31.1 If the Buyer is a registered trader, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of our company; however, we shall also be entitled to sue the Buyer before the court responsible for its registered office.
31.2 German law shall apply, unless otherwise provided by applicable law.
32. nullity clause
Should one of these provisions be invalid, this shall not affect the validity of the remaining provisions.
33. business liability insurance
HDI Gerling Firmen und Privat Vers. AG, Neumarkt 15, 66117 Saarbrücken Validity: worldwide
34. entry into force
These GTC shall enter into force with immediate effect and replace all previous ones.
Hamburg, 01.01.2019