tos.html

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                <p><b><span>General Terms and Conditions of </span><br><span>Bostrot Inh. Eric
                                        Trenkel</span><br><span>Willibrordstraße 1</span><br><span>52146
                                        Würselen</span><br><span>Germany </span></b></p>
                <p><b><span>Effective as of March 2022</span></b></p>
                <h3><span>Clause 1: Applicability, conclusion of contract </span></h3>
                <p><span>(1) botspace.bostrot.com Inh. Eric Trenkel, doing business at Willibrordstraße 1, 52146
                                Würselen, Germany, (referred to
                                hereinbelow as “</span><b><span>Provider</span></b><span>”) offers services in
                                particular via its Online
                                Shop at </span><a href="https://botspace.bostrot.com" target="blank"
                                rel=""><span>https://botspace.bostrot.com</span></a><span> and via the customer portal
                                integrated
                                in the Online
                                Shop (referred to as both the Online Shop and the customer portal hereinbelow as
                                “</span><b><span>Online
                                        Shop</span></b><span>”). </span></p>
                <p><span>(2) The present General Terms and Conditions (referred to hereinbelow as
                                “</span><b><span>GTCs</span></b><span>”) apply to all contracts concluded between the
                                Provider and the
                                customer via the Online Shop as well as to all contracts for which the applicability of
                                these GTCs has
                                been agreed between the parties otherwise than via the Online Shop.</span></p>
                <p><span>(3) Any deviating, contravening or supplemental terms and conditions of a customer
                                will not
                                become a component part of the contract unless this has been expressly agreed in
                                writing. The same
                                will apply even if service is rendered in the knowledge that this
                                contravenes the
                                corresponding GTCs in place with the customer. </span></p>
                <p><span>(4) The range of services on offer in the Online Shop is intended for consumers
                                and businesses,
                                unless specified otherwise in the Online Shop. A “consumer” means every natural
                                person who enters
                                into a legal transaction for purposes that predominantly are outside his or her trade,
                                business or
                                profession (Section 13 of the Bürgerliches Gesetzbuch (BGB, German Civil
                                Code). A
                                “business“ means a natural or legal person or a partnership with legal
                                personality who or
                                which, when entering into a legal transaction, acts in exercise of his or its trade,
                                business or
                                profession (Section 14 paragraph 1 of the German Civil Code
                                (BGB). </span></p>
                <p><span>(5) If the customer is a business, the following applies: The present GTCs will also
                                apply to
                                any future contractual relations between the Provider and the customer, even if no
                                separate, renewed
                                reference to the GTCs has explicitly been made. </span></p>
                <p><span>(6) By clicking on the button “Subscribe” in the Online Shop, the customer
                                makes a binding offer to
                                purchase. Directly
                                after having made said offer to purchase, the customer will receive an email confirming
                                receipt of the
                                order. </span>
                </p>
                <p><span>(7) Contracts are concluded in the German or English language. In case of ambiguities, the
                                German-language version of the contract will take precedence. </span></p>
                <p><span>(8) The contractual provisions agreed will be stored by the
                                Provider. </span>
                </p>
                <p><span>(9) The Provider reserves the right to amend the present GTCs insofar as required in order
                                to
                                adapt them to changed legal or technical framework conditions. The Provider will
                                notify the
                                customer of such amendments via email, whereby the amended passages will be
                                highlighted. All
                                amendments will be considered approved unless the customer lodges an objection in text
                                form within six
                                weeks of receiving notice of the amendments. Along with the notification of
                                amendments made, the
                                Provider will also supply the customer with separate instructions on the right to lodge
                                an
                                objection and on the legal consequences of remaining silent. </span></p>
                <h3><span>Clause 2: Services of the Provider </span></h3>
                <p><span>(1) The scope of the Provider's main service obligations results from the service
                                description in
                                the Online Shop. </span></p>
                <p><span>(2) The customer may select among the server locations shown in the Online Shop or leave the
                                selection
                                up to the Provider. If the server location “European Union” is not the one
                                selected, then the
                                customer will have the option to agree EU Standard Contractual Clauses with the
                                Provider, along with an
                                agreement on data processing on behalf of a controller. </span></p>
                <p><span>(3) Unless expressly agreed otherwise, the Provider is entitled to also have the services that
                                it owes
                                under the contract delivered by technically qualified in-house personnel and/or by third
                                parties. Insofar as active cooperation by the customer is required
                                – e.g. when a webspace
                                package or other data stored on the Provider’s servers is to be transferred onto a
                                different server –
                                the customer must cooperate in keeping with the Provider’s
                                instructions within a reasonable,
                                pre-specified deadline. </span></p>
                <p><span>(4) The Provider is free to duly adapt its services so as to reflect technical
                                advances
                                and/or a changed legal environment, which may occur at any time, provided this does not
                                cause a
                                shortfall in the agreed scope and quality of the contractually
                                owed service. This includes
                                outsourcing the services to another data center within the server location
                                selected by the
                                customer or – if the selection has been left up to the Provider – to some other server
                                location operated
                                by the Provider. </span></p>
                <p><span>(5) If the agreed contractual service also includes the provision of dedicated
                                servers, then the customer will only be entitled to use a device having the
                                features listed in the
                                product category ordered. The Provider will determine, at its free discretion, the
                                specific
                                hardware and the features of the product category ordered. </span></p>
                <p><span>(6) The Provider is under obligation to back up data only if and insofar as this is expressly
                                stipulated in the service description. </span></p>
                <p><span>(7) If the Provider delivers additional services without charging
                                a corresponding
                                remuneration, then the customer has no claim to such services. The Provider is
                                entitled to cease
                                providing any such services previously provided at no charge, to modify them
                                or to make them
                                subject to charge following a reasonable period. The Provider will give the
                                customer timely advance
                                notice about any such cessation, modification or subjection to charge. </span></p>
                <p><span>(8) The Provider’s obligation to render technical support to the customer is limited to what
                                has been
                                contractually agreed. The Provider does not offer any further going,
                                free-of-charge
                                support services to the customer. The Provider does not provide any direct support
                                to customers of
                                the customer, unless specifically agreed otherwise in writing. </span></p>
                <h3><span>Clause 3: Duties of the customer </span></h3>
                <p><span>(1) Upon conclusion of contract, the customer is to notify the Provider of the following
                                data: </span></p>
                <ul>
                        <li>
                                <p><span>Name and postal address, email address, and telephone number of the customer,
                                                whether the
                                                customer qualifies as a consumer or a business; the VAT ID
                                                number (if existing);
                                                the name of the contact person (for a business). </span>
                                </p>
                        </li>
                </ul>
                <p><span>(2) The customer warrants that the data communicated to the Provider are correct and
                                complete. This particularly applies to the declaration regarding the customer’s
                                status as a
                                consumer or a business. The Provider hereby expressly advises that if this
                                information is
                                found to be incorrect, this could trigger legal consequences such as claims to
                                compensation of
                                damages. </span></p>
                <p><span>(3) The customer enters into obligation to notify the Provider without undue delay of any
                                changes in
                                the data communicated, and to confirm said data within seven (7) days of receiving a
                                legitimate and
                                justified data-related enquiry from the Provider. </span></p>
                <p><span>(4) The customer is under obligation to properly back up the relevant data on a regular
                                basis. This also applies if the customer has agreed special backup measures with
                                the
                                Provider. </span></p>
                <h3><span>Clause 4: Payment terms </span></h3>
                <p><span>(1) The due dates for remuneration amounts will depend on the service in question and on the
                                respective
                                contractual term. If the customer selects a contractual term of one month for
                                server services, then
                                the total price will fall due immediately. If a contractual term of three, six or
                                twelve months is
                                selected, then the payments will follow an installment schedule specified during the
                                ordering
                                process. The first installment payment will fall due immediately. Each of the
                                subsequent
                                installment payments will fall due on the first of the respective month. If the
                                customer’s
                                place of regular
                                abode is located outside Germany, then payment for all the services of the Provider will
                                fall due
                                immediately. </span></p>
                <p><span>(2) The customer may elect to render payment via credit card, Google Pay or
                                Apple Pay. </span></p>
                <p><span>(3) Payment may be made in any of the currencies indicated in the Online Shop.
                                The customer is not
                                entitled to change the currency selected at commencement of contract during the
                                contractual
                                term. </span></p>

                <!--<p><span>(4) Except in the case of bank transfers, the amount owed will be debited against the
                                selected
                                means of payment on the applicable due date.  </span></p>
                <p><span>(5) The Provider will credit any monetary reimbursements owed towards the same
                                account or
                                means of payment that was used by the customer.  </span></p>
                <p><span>(6) For purposes of SEPA direct-debit procedures, the customer consents to having the
                                pre-notification
                                period shortened to one day. </span></p>
                <p><span>(7) The Provider may make its contractual service contingent on payment in
                                full of
                                the total price or, if instalment payments have been agreed, on payment of the first
                                instalment.  </span></p>-->

                <p><span>(4) Insofar as the Provider has been commissioned by the customer to render services that go
                                beyond the
                                tasks and duties set out in the present GTCs and
                                in the service
                                description (e.g. software configurations, correction of bugs or problems not
                                caused by the
                                Provider, etc.) the Provider will be entitled to appropriate remuneration in keeping
                                with its respectively current price list. </span></p>
                <p><span>(5) The Provider is free to adapt its prices to market developments at any
                                time. Any price increase will require consent from the customer. Such consent
                                will
                                be considered granted if the customer fails to
                                lodge an objection against the price increase within four weeks of
                                receiving notice
                                of the change. The Provider undertakes to include a notice in the change
                                notification that advises the customer on the legal consequences of failing to
                                lodge an
                                objection. </span></p>
                <p><span>(6) In the event of a change in the statutory sales tax, respectively in its method
                                of
                                calculation, the Provider will be entitled to adjust its remuneration amounts
                                accordingly. </span></p>
                <p><span>(7) In the event of rejected direct debits or payment chargebacks for which the customer
                                is
                                responsible, the Provider will charge a penalty fee in accordance
                                with its respectively
                                current price list, unless the customer can demonstrate that the actual damage incurred
                                was either
                                non-existent or significantly lower than claimed. </span></p>
                <p><span>(8) If the customer defaults on a payment, the Provider will have the right to suspend the
                                contract
                                for services until the amount in arrears has been paid. The suspension will also
                                entitle the
                                Provider to re-allocate any services that are cost-intensive for the Provider and
                                that were in
                                use up to that point by the defaulting customer. In this event, a loss of data
                                cannot be ruled
                                out, for example when a server is re-assigned to new customers. </span></p>
                <p><span>(9) Insofar as a contract concluded with the customer does not entail any obligation to make
                                advance
                                payment or insofar as the Provider renders other, for-charge services not covered by the
                                foregoing provisions, then all remuneration amounts (plus sales tax at
                                the statutory
                                rate) will fall due without deduction fourteen (14) days after the invoice
                                date. </span>
                </p>
                <h3><span>Clause 5: Contractual term, withdrawal and termination </span></h3>
                <p><span>(1) Insofar as no deviating provisions have been agreed, all contracts concluded between the
                                customer
                                and the Provider will have an initial term of either one, three, six or twelve
                                months,
                                depending on which term the customer selects. The initial term
                                will commence once the access data for the
                                selected service are made available. The contractual term will be
                                extended by an
                                additional period equivalent to the one selected for
                                the initial term (“Extension
                                Period”), so long as neither party has declared termination observing a
                                notice period
                                of four weeks until the end of the initial term or of
                                an Extension Period. In the current month, notice of termination can be given
                                at the end of
                                the month at the earliest. </span></p>
                <p><span>(2) The customer must declare termination by way of the customer-account login (</span><a
                                href="https://botspace.bostrot.com" target="blank"
                                rel=""><span>https://botspace.bostrot.com</span></a><span>) or by
                                means of a text-form declaration (e.g. email). </span></p>
                <p><span>(3) Each party reserves the right to terminate
                                for good cause. Good cause
                                particularly is considered given if the customer, despite having received
                                a payment
                                reminder, remains in default of a cardinal payment obligation or in culpable breach of
                                the provisions
                                under Clauses 3, 4, 6 or 7. </span></p>
                <!-- <p><span>(4) Termination of the contracts concluded between the Provider and the customer will not have
                                any
                                effect on the registration of an internet domain or on the corresponding agreement
                                concluded with
                                the registration organization. Insofar as the customer wishes to
                                terminate the
                                registration agreement, the customer must make an express declaration to this effect
                                vis-à-vis the
                                Provider (see Clause 8). </span></p> -->
                <p><span>(4) Consumers will have the right to withdraw from their declared intention to enter into
                                a
                                contract within fourteen (14) days without having to state grounds. To make use of this
                                right
                                the consumer will have to send a written notice to the Provider (e.g. via email)
                        </span></a><span>.
                                The
                                right of withdrawal does not apply for businesses. </span></p>
                <p><span>(5) The Provider reserves the right to terminate the contract for good cause if the
                                customer
                                fails to pay the amount due on the due date or for any other reason that might impact
                                the
                                Provider's business in any unreasonable way.

                        </span></p>
                <h3><span>Clause 6: Rights of third parties </span></h3>
                <p><span>(1) The customer expressly warrants that the provision or publication of the contents
                                which the customer uploads and/or of the websites which are created on
                                the customer’s
                                behalf by the Provider in accordance with the
                                customer’s instructions do not contravene
                                German law or any potentially deviating laws of the country in which the
                                customer’s registered
                                seat is located, particularly including copyright laws, data protection
                                laws, and the
                                laws governing unfair competition. The customer furthermore warrants that the
                                content provided or published does not violate public
                                morals, does not
                                contain any pornographic or obscene materials, does not incite racial
                                hatred, does not infringe upon human dignity, does not endanger
                                children or
                                adolescents, and is not insulting or discriminatory. This also applies to
                                third party
                                websites to which the customer installs a link , has a link
                                installed or tolerates a
                                link. </span></p>
                <p><span>(2) If the Provider receives a complaint from a third party alleging that content on a
                                customer’s
                                website infringes on the rights of said third party, and if the complaint is
                                sufficiently specific to
                                allow the alleged infringement to be confirmed solely on the basis of the third party’s
                                allegations– i.e. without a thorough legal and factual evaluation – then the
                                Provider will
                                forward the third-party complaint without undue delay to the customer, who is to provide
                                a statement
                                of position. The Provider will grant the customer a reasonable deadline for
                                stating such position. If no statement of position is made within this
                                deadline, the
                                Provider will be entitled to assume that the third-party complaint has merit and
                                will be entitled
                                to delete the content giving rise to the complaint, block web space packages
                                or server or
                                to exclude them from access in any other appropriate way. If the
                                customer calls the
                                merits of the complaint into question in substantiated manner and if this
                                gives rise
                                to justified doubts, then the Provider will inform the third party accordingly and,
                                if the
                                Provider considers this appropriate, will request evidence to prove the
                                alleged infringement
                                of rights. If the third party fails to take a position in response or if the third
                                party fails
                                to produce any required evidence, then the Provider will assume that the
                                third-party complaint is
                                without merit. If the third party issues a statement of position which
                                shows an
                                infringement of its rights or if the third
                                party provides evidence to such
                                infringement, also taking account any exculpatory statements of the customer,
                                then the
                                Provider will be entitled to delete the content giving rise to the
                                complaint, block web space
                                packages or server or to exclude them from access in any other
                                appropriate
                                way. The customer's payment obligations remain unaffected in this
                                case. </span></p>
                <p><span>(3) The foregoing paragraphs apply accordingly to all other services offered
                                by the
                                Provider and that enable the customer to publish data of whatever
                                kind. </span></p>
                <h3><span>Clause 7: Industrial property rights; copyrights </span></h3>
                <p><span>(1) It is expressly agreed that all rights to the services of the Provider rendered during the
                                contractual term, namely software, know-how, trademarks or other protected rights will
                                be retained in
                                full by the Provider. In the course of the contractual term, the customer
                                enjoys a non-exclusive, non-transferrable, non-sublicensable usage
                                right to the
                                contractually agreed services. This also applies in the event that
                                customer-specific customizations
                                have been made. </span></p>
                <p><span>(2) Insofar as contractually agreed services can be used only subject to the industrial
                                property rights
                                or copyrights of third parties, the relevant third-party terms and conditions
                                will invariably
                                have supplemental effect. This also applies to open-source software, whose
                                terms and conditions will be communicated to the customer by the Provider upon
                                request. </span></p>
                <h3><span>Clause 8: Unauthorized forms of use </span></h3>
                <!-- <p><span>(1) The following applies to webspace packages: The customer will be under obligation to
                                structure the internet website so as to prevent overloading of the
                                server, e.g. by
                                CGI scripts/PHPs scripts, which require extensive computing power and a disproportionate
                                volume of
                                working memory. “Overloading” means usage of the aforementioned resources that
                                is so intensive
                                as to cause a noticeable and significant disruption, or even breakdown, in the
                                operations of a server of
                                the Provider. The Provider will be entitled to limit correspondingly the resources
                                for websites
                                that do not fulfill the aforementioned requirements. </span></p> -->
                <p><span>(1) Unless otherwise agreed, the following types of content
                                expressly are prohibited: </span></p>
                <ul>
                        <li>
                                <p><span>Spamming mails or webpages that are associated with any type of
                                                spamming; </span></p>
                        </li>
                        <li>
                                <p><span>Any scripts that could potentially impair and/or disrupt the function of the
                                                server. </span></p>
                        </li>
                </ul>
                <p><span>(2) Unless otherwise agreed, the following usages of the services
                                expressly are prohibited: </span></p>
                <ul>
                        <li>
                                <p><span>Using any kind of malfunction knowingly or with the knowledge that it might
                                                impact other Customers or the Provider in any harmful way; </span></p>
                        </li>
                        <li>
                                <p><span>Using the ticket system for any activity that is by the German law illegal;
                                        </span></p>
                        </li>
                </ul>
                <p><span>(3) The following applies to dedicated servers, virtual dedicated servers and VPS: Unless
                                otherwise agreed, the following types of content are expressly
                                prohibited: </span></p>
                <ul>
                        <li>
                                <p><span>Spamming mails or webpages that are associated with any type of
                                                spamming; </span></p>
                        </li>
                        <li>
                                <p><span>IRCd, the service for Internet Relay Chat; </span></p>
                        </li>
                        <li>
                                <p><span>any scripts and programs that could potentially impair and/or
                                                disrupt the
                                                function of other services located within the Provider’s network or on
                                                the internet;</span></p>
                        </li>
                        <li>
                                <p><span>any scripts and programs that could potentially extensively wear and/or tear
                                                Provider's
                                                hardware or bandwidth.</span></p>
                        </li>
                </ul>
                <p><span>(4) If the customer breaches a provision of paragraphs 1, 2 or 3, the Provider will
                                be
                                entitled to immediately impose a block on the webspace package, respectively the server,
                                until the
                                breach of paragraph 1, 2 or 3 is remedied. This will also be
                                possible if the
                                webpages/servers of the customer clearly impair the functionality or accessibility of
                                other webpages on
                                the server (in the case of webspace packages) or of other servers within the Provider’s
                                network. The customer will be notified of the imposition of such a
                                block. </span></p>
                <p><span>(5) The Provider is entitled to immediately block any webspace packages and
                                servers that are being used to operate the “TOR” service, insofar as the
                                Provider has become
                                aware that the server or package is being used unlawfully. </span></p>
                <p><span>(6) In the event a justified block is imposed, responsibility for any resulting breach of
                                contractual
                                obligations will lie not with the Provider but exclusively with the customer. The
                                Provider’s claim
                                to receive remuneration will invariably continue in effect during the full remainder of
                                the contractual
                                term. </span></p>
                <h3><span>Clause 10: Server administration </span></h3>
                <p><span>(1) The Provider does not grant the customer full and exclusive administration rights for the
                                server
                                made
                                available to the customer. Only the Provider has access to the server’s
                                individual
                                administration password.
                                The Customer has only access to certain administrating functions. Namely following:
                                <ul>
                                        <li>
                                                <p><span>The ability to change the service's name; </span></p>
                                        </li>
                                        <li>
                                                <p><span>The ability to change the needed IDs and tokens to access
                                                                Telegram's bot API;
                                                        </span></p>
                                        </li>
                                        <li>
                                                <p><span>The ability to change language and other settings of the
                                                                service. </span></p>
                                        </li>
                                </ul>
                                This means that the
                                customer is responsible for administering these administration functions
                                at the customer’s own risk and expense. Clause 2 paragraph 5 applies correspondingly.
                        </span></p>
                <p><span>(2) Insofar as necessary and reasonable, the customer will assist with configuration
                                modifications, e.g. by re-inputting access data or through simple adaptations
                                of the
                                customer’s systems. </span></p>
                <h3><span>Clause 11: Performance undertakings </span></h3>
                <p><span>(1) The Provider will ensure that the physical connectivity of the services is
                                available at an annual average rate of 95%. This will not include periods in which
                                the servers are
                                unavailable online due to technical reasons or other problems that lie outside the
                                Provider’s sphere of influence (force majeure, culpable conduct on the part of
                                third parties
                                or the customer, etc.), nor periods in which the Provider performs necessary maintenance
                                work after
                                giving timely advance notice. </span></p>
                <p><span>(2) The servers and storage infrastructure located in the Provider’s data centers are
                                connected to the internet via a complex network infrastructure. The data traffic is
                                channeled
                                through various active and passive network components (e.g. routers,
                                switches), each of
                                which permit only a fixed maximum data-throughput rate. This means that
                                data-traffic capacities for
                                individual servers or parts of the storage infrastructure may be limited at certain
                                points and may not
                                conform to the notional maximum bandwidth at the switch port. Unless expressly
                                agreed otherwise,
                                the Provider cannot guarantee the level/volume of the bandwidth that will actually be
                                available for an
                                individual server or parts of the storage infrastructure, but will instead make
                                bandwidth available in
                                accordance with the technical performance capacity of the data center while
                                making due
                                allowance for the performance obligations owed to other customers. </span></p>
                <p><span>(3) Customers are able to use the Provider’s servers for a specific application whith many
                                possible configurations. The multiplicity of these possibilities makes it impossible for
                                the
                                Provider to
                                guarantee the server’s serviceability or compatibility for specific forms of
                                usage. </span></p>
                <h3><span>Clause 12: Data protection </span></h3>
                <p><span>(1) The Provider renders its services in compliance with EU Regulation 2016/679
                                (General Data
                                Protection Regulation), the Bundesdatenschutzgesetz (BDSG, German Federal Data
                                Protection
                                Act), the data-protection laws of the German Länder as well as
                                the Telemediengesetz (TMG, German Telemedia Act). </span></p>
                <p><span>(2) The Provider is free to process personal data relating to the customer
                                without
                                any further-reaching consent, insofar as this is required to establish and implement the
                                contract or for
                                billing purposes. For additional details, please see the Provider’s Data
                                Privacy Policy:
                        </span><a
                                href="https://erictrenkel.com/privacy.html"><span>https://erictrenkel.com/privacy.html</span></a><span>.
                        </span>
                </p>
                <p><span>(3) Insofar as the customer also wishes to process personal data in conjunction with the
                                services
                                of the Provider, the customer will remain the sole “controller” within the meaning of
                                data-protection
                                law. The Provider will process the personal data as a “processor” acting for a
                                controller
                                within the meaning of Article 28 of the General Data
                                Protection Regulation (GDPR), insofar as
                                an agreement on data processing on behalf a controller is concluded. The customer
                                is hereby advised
                                that the Provider essentially has no way of determining whether or not the customer is
                                even processing
                                the personal data of third parties, or which categories of personal data of data
                                subjects, if any, are
                                being processed, or the manner or purpose of such processing. Thus, the customer is
                                under
                                obligation to give the Provider the required information regarding such data
                                processing.
                                <!-- The Provider will offer the customer the opportunity, via the customer
                                portal, to
                                conclude an “agreement on data processing on behalf of a controller,” if
                                appropriate supplemented by EU Standard Contractual Clauses, if the
                                server location
                                selected is in a state that is not a member of the European Union. So long as
                                the customer has
                                not sent the Provider, via the customer portal, an “agreement on data
                                processing on
                                behalf of a controller” containing the necessary information, the Provider will assume
                                that the customer
                                is not processing any third-party personal data in conjunction with the Provider’s
                                services. In
                                such case, the Provider will not take any measures on the basis of data protection
                                law. --></span></p>
                <p><span>(4) The Provider hereby expressly advises the customer that, given the current state of
                                technology, it
                                is impossible to fully guarantee data protection for data transfers performed via open
                                networks like the
                                internet. The customer is hereby advised that, depending on the ordered
                                hosting service, the
                                Provider has the technical means to at any time inspect the
                                data that the customer
                                has stored on the server, insofar as the customer does not use a secure data-encryption
                                system. Other users of the internet may also be able, under certain circumstances,
                                to circumvent
                                network security in unauthorized fashion and to control message traffic, insofar as the
                                customer does
                                not transfer data in a securely encrypted manner. </span></p>
                <h3><span>Clause 13: Liability, limitation of liability, force majeure </span></h3>
                <p><span>(1) The Provider will be liable in keeping with the applicable statutory provisions for any
                                damage
                                caused by willful or grossly negligent conduct on the part of the Provider or of
                                its vicarious
                                agents. </span></p>
                <p><span>(2) In cases of simple negligence, the Provider will be liable for the following: </span>
                </p>
                <p><span>(a) Injury to life, limb or health; and </span></p>
                <p><span>(b) Damage resulting from a breach of a cardinal contractual obligation, but only in an amount
                                limited
                                to the damage that was foreseeable and typical for the type of contract
                                involved. Cardinal
                                contractual obligations are ones the fulfillment of which is
                                indispensable to the
                                proper fulfillment of a contract and which can normally be expected in good faith by the
                                customer. </span></p>
                <p><span>(3) The limitations of liability set forth under paragraph 2 above will not apply insofar as
                                the
                                Provider has fraudulently concealed a defect or has assumed a guarantee for claims under
                                the Produkthaftungsgesetz (ProdHaftG, Product Liability Act) or for breaches
                                against the
                                General Data Protection Regulation (GDPR, Article 82). </span></p>
                <p><span>(4) The regulations of Section 44a of the Telekommunikationsgesetz (TKG, German
                                Telemedia
                                Act) will remain unaffected, insofar as the matter falls within the Act’s scope of
                                application. </span></p>
                <p><span>(5) If the Provider is prevented from
                                rendering its contractual services due to
                                force majeure (i.e. events that lie beyond the control of either party, such
                                as wars,
                                uprisings, (terrorist) attacks, epidemics, natural disasters or strikes), then
                                the Provider
                                will be released from its service obligations for the duration of the
                                force majeure and
                                the customer will be released from the obligation to render
                                counter-performance. The
                                contractual term will be extended by the period of interruption caused by the force
                                majeure. If the
                                force majeure is expected to last longer than three months, then either party may
                                terminate the
                                contract.  </span></p>
                <h3><span>Clause 14: Release from liability </span></h3>
                <p><span>For purposes of the relationship with the Provider, the customer undertakes to
                                release the
                                Provider from liability of any third-party claims resulting
                                from unlawful
                                actions by the customer or due to substantive errors in the information provided by the
                                customer. This applies particularly to violations of copyright law, data-protection
                                law, and
                                competition law as well as to violations of the obligations set forth in
                                Clauses 6,
                                7, and 8 of the present GTCs. The Provider has no
                                obligation to review the
                                customer’s internet sites for potential violations of the law. </span>
                </p>
                <h3><span>Clause 15: Applicable law, place of jurisdiction </span></h3>
                <p><span>(1) The laws of the Federal Republic of Germany apply; the UN Convention on the
                                International
                                Sale of Goods (CISG) expressly is precluded. If the customer is
                                a consumer with
                                a place of regular abode in a Member State of the European Union, then any
                                mandatorily applicable
                                regulations of that Member State will remain unaffected. </span>
                </p>
                <p><span>(2) If the customer is a merchant within the meaning of the Handelsgesetzbuch (HGB,
                                German
                                Commercial Code), if the customer is a legal entity under public law
                                or if the
                                customer is a Sondervermögen (special assets under public law), then the
                                exclusive place of
                                jurisdiction for any disputes arising from the contractual relationship will be the
                                Provider’s
                                registered seat. The same applies accordingly if the customer is
                                a business. Any
                                statutory provisions that take precedence, particularly those governing exclusive
                                spheres of
                                responsibility, will remain unaffected. </span></p>
                <h3><span>Clause 16: Final provisions </span></h3>
                <p><span>(1) All declarations on the part of the Provider may be forwarded to the customer
                                electronically. This also applies to statements of account relevant to the
                                contractual
                                relationship. </span></p>
                <p><span>(2) The customer may not offset own claims against the Provider unless these have been
                                acknowledged or
                                finally and conclusively affirmed by a court of law. </span></p>
                <p><span>(3) The Provider has the right to name the customer as a reference customer and to
                                list the
                                customer as such, whereby this will not entail any obligation to pay remuneration
                                to the
                                customer. </span></p>
                <p><span>(4) If one or more provisions of the present GTCs should be or
                                become ineffective or unenforceable, then this will not affect
                                the enforceability of
                                the remaining provisions. In such case, the parties will agree on an amendment
                                that
                                corresponds to the purpose that was actually intended, also in economic
                                terms. The same
                                applies in the event of the present GTCs having remained silent on any given
                                matter. </span></p>
                <p><span>(5) The European Commission offers a platform for the out-of-court dispute resolution (ODR
                                platform),
                                which is available under </span><a href=" https://ec.europa.eu/consumers/odr/"
                                target="blank"
                                rel="nofollow external"><span>https://www.ec.europa.eu/consumers/odr</span></a><span>.
                                We
                                are neither obligated nor willing to participate in the dispute-resolution
                                procedure. </span></p>
                </p>
                <p></p>
                <p></p>
                <p></p>
        </div>
</div>