Terms and conditions

(1) The following terms and conditions apply to all contracts you conclude with us as the provider (Alexander Käfinger, digitalrevier) via the website digitalrevier.com. Unless agreed otherwise, we object to the inclusion of any of your own terms.

(2) A consumer within the meaning of these terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these terms is any natural or legal person, or a partnership with legal capacity, acting in the exercise of their trade, business or profession when concluding a legal transaction.

(3) We conclude contracts both with entrepreneurs and with consumers. Statutory consumer protection provisions apply in relation to consumers; the corresponding information, in particular on the right of withdrawal, can be found in the customer information (part II) and via the "For consumers" area in the page footer.

(1) We provide you with various internet services, in particular web hosting and domains. The scope of services follows from the package you have booked and from the service description stated for it on our website.

(2) Our offers on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) You can submit a binding contractual offer (order) via the online shopping cart system. The services you intend to book are placed in the "cart". Using the corresponding button in the navigation bar you can open the "cart" and make changes there at any time. After opening the "Proceed to checkout" page you enter your personal details and the payment terms; finally all order details are shown as an order summary. Before submitting the order you have the opportunity to check all details again, to change them (including via your browser's "back" function) or to cancel the order. By submitting the order via the "Order with obligation to pay" button you make a binding offer to us.

(4) The offer is accepted (and the contract thereby concluded) without undue delay after the order, by an order confirmation in text form (e.g. email). If you do not receive such a message, you are no longer bound by your order. Any services already rendered will in that case be refunded without undue delay.

(5) Your requests for a quotation are non-binding for you. We will send you a binding offer in text form (e.g. by email) which you may accept within 5 days.

(6) Processing the order and transmitting all information required in connection with the conclusion of the contract takes place by email and is partly automated. You must therefore ensure that the email address you have given us is correct, that receipt of the emails is technically ensured and that it is not, in particular, prevented by spam filters.

(1) Our obligations follow from the service description of the respective web hosting offer. Unless agreed otherwise, the service is provided (activation of the booked package, transmission of the access data) within 1–5 days of conclusion of the contract (where prepayment has been agreed, from the time of your payment instruction).

(2) Where we grant you full and sole administration rights on the servers provided as part of server hosting, you are solely and exclusively responsible for the administration and security of your server. You are obliged to install the necessary security software, to keep yourself constantly informed about newly discovered security vulnerabilities and to close them yourself.

(3) Where we provide software, you receive a non-exclusive right to use it for the duration of the contract. You are obliged to comply with the respective licence terms.

(4) You are further obliged to set up and administer your server in such a way that the security, integrity and availability of networks, other servers, software and third-party data are not endangered. In particular, you are prohibited from using the server to send spam emails and (d)DOS attacks, or from operating open mail relays and other systems on the server through which spam emails and (d)DOS attacks can be distributed. In the event of breaches we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.

(5) You have no claim to the server being assigned the same IP address for the entire contract term. We reserve the right to change it where technically or legally necessary and to assign you a new IP address in this connection.

(6) We reserve the right to adapt the hardware and software used to provide the services to the current state of the art and to inform you in good time of any additional requirements this may create for the content you store on our servers.

(7) We provide our services with an availability of 99.9 % on a monthly average, unless a different availability is stated in the respective offer. Downtime due to regular or sporadic maintenance is included in this. Excluded are periods in which the server cannot be reached due to technical or other problems outside our control (force majeure, fault of third parties, etc.).

(1) In obtaining and/or maintaining domains we act merely as an intermediary between you and the registries. What we owe is the preparation and submission of an application for registration of the domains you request, completed in full in accordance with the requirements of the respective registry (e.g. Denic eG). No guarantee can be given for the transfer, the allocation or the continued existence of domains in your favour; the registration conditions of the registries apply in this respect. You warrant that the domain you have applied for, or that has already been registered for you, does not infringe the rights of third parties. You are further obliged to notify us without undue delay of any loss of your domain.

(2) We are entitled to activate a domain only after payment of the agreed fees under item 5 of our customer information (part II). Likewise, after termination of the contract we may refuse to release the domain until you have met all payment obligations towards us arising from the contract.

(3) If, on termination of the contract, you do not give clear instructions to transfer or delete the domain, we may return the domain to the competent registry or have it deleted after the end of the contract and the expiry of a reasonable period. The same applies where release of the domain may be refused by us under § 4(2).

(1) You must inform us without undue delay of any change to the data required to perform the contract. Passwords and other access data must be kept strictly confidential.

(2) You are obliged to design your domain and the content available under it in such a way that excessive load on our servers is avoided, e.g. from scripts requiring high processing power or an above-average amount of memory. We are entitled to block access by you or by third parties to websites or servers that do not meet the above requirements. You will be informed of such a measure without undue delay.

(3) You warrant that your domains and the content available under them do not breach statutory provisions or public morals and do not infringe the rights of third parties. This concerns in particular the legal provisions on provider identification, copyright, trade mark, personality and other protective rights, distance selling law, competition law, criminal law and data protection law. We are not obliged to check your domains and the content available under them for possible legal violations. Once legal violations or impermissible content are identified, we are entitled to block the content and to make the domain concerned unreachable. You will be informed of such measures without undue delay. You indemnify us against all claims arising from a breach of the above obligations for which you are responsible.

(4) You must create backup copies of all data you transfer to our servers yourself, on separate media. We are not responsible for creating backup copies.

(5) You will ensure that the agreed data transfer volume (traffic) is not exceeded. Unless agreed otherwise, traffic of 1 TB is permitted. Traffic is to be treated on a "fair use" basis.

(1) Where other internet services are the subject of the contract, we owe the individual services set out in the service description. We provide these to the best of our knowledge and belief, either personally or through third parties.

(2) You are obliged to cooperate where further information has to be made available to us in order to provide the service.

(3) Unless agreed otherwise, the service is provided within 1–5 days of conclusion of the contract (where prepayment has been agreed, from the time of your payment instruction).

(1) The contract concluded between you and us runs for the agreed term. The notice period depends on the agreed billing period and is, in each case before the end of the term: 7 days for monthly billing, 14 days for quarterly billing, and one month for semi-annual and longer billing. A shorter period stated in the respective offer takes precedence. Notice must be given in text form (e.g. by email) and may be given by either party.

(2) After the agreed minimum term has expired, the contract continues for an indefinite period. It may then be terminated by either party at any time to the end of the respective billing period; the notice period under paragraph 1 applies.

(3) In relation to entrepreneurs within the meaning of § 14 of the German Civil Code, and by way of derogation from paragraph 2, the contract is extended after the minimum term by the agreed initial term in each case, but by no more than one year.

(4) By way of derogation from paragraph 2, the following applies to domains: a registration can technically only be renewed with the registry for a full year. If a domain is not terminated in due time, it is therefore renewed by a further year in each case. Termination takes effect at the end of the current registration period; until then the domain remains fully usable.

(5) The right to terminate without notice for good cause remains unaffected. In particular, we have an extraordinary right of termination in the event of repeated breaches of your obligations under § 3(2) to (4) and § 5. In the event of extraordinary termination by us, you are liable for damages.

You may exercise a right of retention only in respect of claims arising from the same contractual relationship.

(1) German law applies. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(2) The place of jurisdiction for all disputes arising from and in connection with the contractual relationship is, to the extent legally permissible, the registered office of digitalrevier.

(1) We also offer individual services as a bundle at a reduced overall price. The discount is tied to the bundle and applies only for as long as you obtain every service it contains from us.

(2) If one of the services contained in the bundle ends, in particular through cancellation, transfer to another provider, expiry without renewal or suspension due to non-payment, the discount ceases to apply to the entire bundle. The remaining services continue unchanged and are billed at the individual prices then applicable from the next billing period onwards.

(3) Periods already invoiced remain unaffected. There is no pro-rata reclaim of the discount granted.

(4) Before a cancellation that dissolves a bundle, we point out during the cancellation process that the discount ceases to apply and that the remaining services are subsequently billed at the individual prices then applicable.

For the identity of the provider and the notice on alternative dispute resolution, please refer to the imprint

The technical steps leading to the conclusion of the contract, the conclusion itself and the options for correcting entries follow § 2 of our terms and conditions (part I).

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting the order via the online shopping cart system, the contract data can be printed using your browser's print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts and the terms and conditions are sent to you again by email.

3.3. For quotation requests outside the online shopping cart system, you receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

The essential characteristics of the service can be found in the respective offer.

5.1. The prices stated in the respective offers are net prices plus statutory VAT.

5.2. The following payment options are available, unless stated otherwise in the respective offer or during the online ordering process:

• Payment by bank transfer
• Payment by SEPA direct debit (processed by Stripe Payments Europe, Ltd. or via our bank)
• Payment by credit card (processed by Stripe Payments Europe, Ltd.)
• Payment by PayPal (processed by Stripe Payments Europe, Ltd.)

5.3. The payment methods listed under 5.2 are available both for one-off payments and for recurring payments:

• One-off payment: You settle each invoice individually, for example by bank transfer or via the payment link contained in the invoice email. No payment method is stored for later invoices.
• Recurring payment: If you store a payment method in your customer account, or select storage when paying, you authorise us to collect the amounts due via that payment method. For SEPA direct debit you grant a SEPA direct debit mandate, for PayPal a billing agreement, and for credit card an authorisation for recurring charges.

5.4. The amount of recurring payments depends on the services used in the respective billing period and may therefore differ from one invoice to the next. The invoice under 5.6 also serves as prior notification of the collection; collection takes place no earlier than the due date stated in it.

5.5. You can change or remove a stored payment method in your customer account at any time and revoke a mandate or billing agreement you have granted at any time. From the moment the revocation takes effect, billing is by bank transfer. Payment claims that have already arisen remain unaffected.

5.6. Unless stated otherwise in the respective offer or during the online ordering process, payment claims arising from the concluded contract fall due within 14 days.

5.7. With the contract confirmation and at the beginning of each further contract term, you receive an invoice from us by email in electronic form covering the fees incurred.

5.8. If a SEPA direct debit is returned because the account does not have sufficient funds, because the direct debit has been revoked, or for any other reason for which you are responsible, you shall compensate us for the resulting loss. This includes in particular the return debit fees charged to us by our bank or payment service provider as well as our processing effort. We state the amount separately and at its actual level; it constitutes damages and is not subject to VAT. You remain free to prove that no loss, or a substantially lower loss, has occurred. The claim does not apply where you are not responsible for the return debit, for example in the case of an error on our part or on the part of a bank involved.

The statutory rights in respect of defects apply.

Information on the term of the contract and on the conditions for termination can be found in the provision "Contract term, termination" in our terms and conditions (part I, § 7) and in the respective offer. Termination and withdrawal are different legal instruments: termination ends ongoing continuing obligations, whereas withdrawal is the statutory right to rescind within the 14-day withdrawal period.