1)

Services of the provider, payment, contract period/termination

(1) The scope of the individual services is based on the current service description in force at the time of placing the order.

(2) If no other agreement has been expressly reached, the provider shall also be entitled to instruct expert staff or third parties to provide the services incumbent upon him. If active co-operation is required on the customer's part on another server, e.g. during the transfer of a web space package or other data stored on the provider's servers, the customer shall provide such co-operation in accordance with the provider's instructions and within the stipulated time.

(3) All packages offered by the provider assume a minimum service period selected by the customer when placing the order with an automatic extension of the contract and the corresponding services for the minimum service period chosen by the customer.

(4) Once the payment which had been made by the customer in advance for the agreed term has expired the contract is automatically terminated.

(5) Should the provider be commissioned by the customer to provide services that are over and above the duties and responsibilities detailed in these General Terms and Conditions and in the service description (e.g. software-configuration, correction of errors or problems etc., that were not caused by the provider) the provider shall be entitled to demand adequate remuneration. In this case, a standard payment of € 25.00 per 15 minute unit of work shall be agreed. The provider may vary from this payment for the benefit of the customer as he sees fit.

(6) The responsibility for backups of his data lies with the customer, not the provider.

(7) The provider shall be entitled to increase fees up to once per quarter. Such an increase requires the agreement of the customer. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks. As long as the main obligation, i.e. the obligation of payment of the basic usage-independent monthly remuneration, is not concerned, the provider determines the remuneration according to equitable discretion.

(8) In case the value-added tax is increased, the provider shall be entitled to adjust the remuneration for goods and services, which are adduced or delivered within a continuing obligation, accordingly, starting at the point of time the value-added tax-change comes into effect.

(9) It is agreed that payments made by the customer will not be refunded regardless of their original purpose - except in the case of an effective revocation. In case the customer made a payment higher than the amount of fees being required until the end of the contract and the fees for ordered services until then, it is agreed that the balance will not forfeit. Instead of a refund, the balance will be used for the provision of other / new services which the customer can order from the provider at any time.

2)

Third party rights

(1) The customer expressly assures that the provision and publication of web page content created either by himself and/or web pages created for him by the provider based on information provided by the customer neither infringes German law, Bulgarian law nor any other law applicable in the customer’s country of residence, in particular copyright, data protection and competition law. The provider reserves the right to remove any pages from storage on his server that appear to be of dubious content. The provider shall immediately inform the supplier about any intended deletion of pages. The same shall apply if the provider is requested by third parties to change or delete contents of web pages because they allegedly violate third party rights.

(2) The provider shall be entitled to delete any such web pages from hard disk storage on his web server if such pages are likely to infringe third party rights. He shall also be entitled to prevent access by third parties by taking any appropriate action. The provider undertakes to notify the customer immediately about any such measure. Should the customer be able to provide proof that there are no concerns regarding infringement of third party rights the provider shall make the web pages concerned available again to third parties. The customer hereby agrees to hold the provider harmless from any claims by third parties resulting from the content of materials on the customer's website(s).

3)

Limitation regarding content

(1) The customer must ensure that the content and files of the application are lawful.
(2) Should clause 1 be applicable, the provider reserves the right to immediately suspend the service. The customer shall be informed about any such suspension.
(3) Moreover, the provider can proceed with the immediate suspension of any server or packages on which would be operated any kind of proxy service, such as VPN or TOR, for which the provider has knowledge of abuse, fraudulent or unlawful use.
(4) In case of such a suspension, solely the customer, not the provider shall be accountable for infringements of contracts. In any case the provider's claim of payment of remuneration remains, for the entire contract period.

4)

Server-administration

The following is only applicable for online offers:
(1) Should customers receive fixed IP-addresses, the provider reserves the right to change these when technical needs arise and to inform the customer about his new IP-address.
(2) If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.

The following is only applicable for self hosted offers:
(1) The provider concedes complete and sole administration-rights on rented/collocated servers to the customer. Only the customer knows the individual administration-password of the server, not the provider. The provider is therefore unable to administrate the rented/collocated server. Hence the customer is solely and entirely responsible for administration and security of his servers, at his own expenses and risks. It is his duty to install necessary security-software and to inform himself constantly regarding security issues as well as to fix such by himself. Installation of maintenance software or other software does not absolve the customer from this duty.
(2) If necessary and reasonable, the customer will assist at simple configuration changes, such as entering the login-data anew, or simple changes of his systems.
(3) It is the customer's duty to configure his programs in such a way that they are restarted automatically when the hardware or the operating system is restarted.

5)

Indemnity

The customer indemnifies the provider against all possible third party claims arising from any illegal action by the customer or from errors in the information provided by the latter. This applies in particular to copyright, data protection and competition law violations. Craad shall not be obliged to check the customer's websites for possible legal violations.

6)

Special terms for colocation-/housing-/bandwidth-offers

The following applies for colocation-/housing-/bandwidth-offers:

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(1) The provider does not provide any guarantee for hardware damage which can result, for example, from transport to the datacenter, back to the customer or during going concern.

(2) Reboots are provided for free by the provider at the customer's request unless stated otherwise in the product description and unless the amount of reboots per month does not create disproportional effort.

(3) Other technical support services are not included with the offer. If the help of a technician is required, costs of € 25.00 per started 15 minutes incur.

(4) The provider does not assume liability for damage or loss of data.

(5) The customer is responsible that the colocated equipment is flawless so that no negative impact for other devices can emanate from it.

(6) The customer is liable for possible damages emanating from the server.

(7) If the customer is in delay of payment for any performance between him and the provider, the provider has the right to keep the server and/or equipment of the customer in his possession until payment is made in full.

7)

Alteration of contract

The provider has the right to change the subject terms of this contract as long as the changes are reasonable, taking into account the interests of the provider. The agreement of the customer shall be given if he does not dissent within 4 weeks after receipt of the message informing him about the change. The provider is obliged to inform the customer about the repercussions of not dissenting within 4 weeks.

8)

Final provisions

(1) Amendments or additions to this contract are only valid if they have been agreed to in writing. This also applies to any amendment of this clause relating to written notification.
(2) All communications by the provider may be sent to the customer by electronic means. This also applies to invoices sent for services provided under the agreement.
(3) The provider is authorised to list the customer as a reference-customer without being obliged to pay a refund.
(4) If any provision of this agreement is held to be invalid or becomes invalid or if there are omissions in the agreement that require rectification, the remaining provisions of the agreement shall remain in full force and effect. The invalid provision or omission shall be replaced by a provision which comes closest to the intention of both parties as would have been agreed by the parties had they knowledge of such issues in advance.

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