These General Terms and Conditions (hereinafter referred to as: GTC) apply to all contracts between you (hereinafter referred to as "Customer") and the person entitled to the online offer "gapvo.com" (hereinafter referred to as the "Site"), namely the Company
furthermore "the company"
The deliveries, services and other business offered by the company are subject exclusively to the terms and conditions outlined here. The company hereby expressly objects to the inclusion of deviating GTC of the customer.
The offer of the company is aimed at traders and consumers in accordance with § 13 BGB.
The contract language is German. It is exclusively German law, also in cross-border traffic, to the exclusion of UN sales law applicable
The terms and conditions in their respective valid and printable version are available on the website www.gapvo.com.
The company is entitled to change the terms and conditions at any time. For this purpose, the company will inform the customer about the change at least one month in advance. This is done by a note in the order confirmations or via separate notifications in text form.
By signing up, the customer acquires access to the software provided by the company (hereinafter: account). This includes Basics for creating your own websites, affiliate marketing and statistics, as well as other, future products. The company reserves the right to change the composition of the product portfolio and the services provided after notification to the customer within a reasonable period of time. There is no entitlement to receive certain functions until the end of the contract period.
In gradation with the variant chosen by the customer, additional functions are added. These are chargeable.
The account agreement between the company and the customer is concluded by written or textual order confirmation.
The account contract is not chargeable in its basic level. The company reserves the right, however, to change this. Changes will be communicated to the customer with sufficient notice. After expiry of the regular period of 14 days, the new terms and conditions are considered accepted.
If the customer purchases a paid account, he can use additional functions. If he is in arrears with the payment according to § 8, the company can downgrade the account without further reminder to a free account. The associated performance limitation of the software does not entitle the defaulting customer to compensation.
In general, the customer is committed to a first-time contract of 1 month. The account contract of the respective price level is automatically extended by the end of the respective term for another month if the customer or the company does not terminate within a period of 14 days before the end of the respective service period. The termination must be at least in text form.
Termination for good cause remains unaffected.
If the customer is a consumer within the meaning of § 13 BGB, he is entitled to a right of withdrawal to the following conditions. Consumers are regular, who do not make the purchase for purposes that can be mainly assigned to his commercial or self-employed professional activity.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the date on which the company has agreed to the service and the account according to § 2 in the basic form (free) is activated.
To exercise your right of withdrawal, you must contact us
by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.
If no goods have been sold to you, as in the case of a pure service, the submission of the revocation declaration is sufficient.
I / we (*) hereby revoke the cloud service access contract (*) concluded by me / us (*):
Ordered on (*) / received on (*)
Name of the consumer (s):
Address of the consumer (s):
Signature of the consumer (s) (Only when submitted on paper)
(*) Please delete as appropriate
End of revocation
Within the framework of the foreseeable requirements, the company guarantees the best possible software according to the usual technical standard. The customer is aware, however, that it is not possible in the prior art to create a completely free from errors program.
The warranty therefore does not apply to insignificant errors. An insignificant error exists in particular if the impairment is caused by the use of an unsuitable presentation software and / or hardware (e.g. browser) or by disrupting the communication networks of other operators or by computer failure with third parties (e.g. other providers or online services) or by incomplete and / or not updated offers on so-called proxies (caching) of commercial and non-commercial providers and online services or by a failure of the ad server or the server of each deployed content management system that no longer lasts 24 hours (continuous or added) within 30 days of the start of the contracted shift.
The customer is aware that it may come in the context of a proper business operation to the failure of the server used by the company. If the server fails for a significant period of time, the customer's obligation to pay for the period of the loss ceases. Further claims are excluded.
The warranty claims are not assignable and statute of limitations towards entrepreneurs deviating from the statutory provisions already after one year. The company does not assume any further guarantees.
In the case of mutual commercial transactions, the customer must check the service immediately and notify any defects without delay. The notice period for such commercial transactions begins with open defects with the activation of the customer account, with hidden defects with their discovery.
If the customer omits the timely notice of defects, the service is deemed approved.
If the execution of an order for reasons that are not responsible for the provider (such as software or other technical reasons), in particular due to computer failure, force majeure, strike, due to statutory provisions, disturbances from the area of responsibility of third parties (eg other providers) , Network operators or service providers, or for similar reasons, the execution of the contract shall be remedied as far as possible. If the buyer picks up in a reasonable and reasonable for the customer after the fault has been rectified, the supplier's claim for compensation remains.
Claims for compensation are excluded, as far as intentional or grossly negligent actions are concerned, regardless of the nature of the breach of duty, including tort.
Claims for loss of profit, expenses saved, claims for damages by third parties as well as other indirect consequential damages cannot be demanded.
In the event of a breach of essential contractual obligations, the liability of the company shall in any case be limited to gross negligence, vicarious agents who are not legal representatives or executives, even for intent, to the damage that can be foreseen and typically foreseeable in such cases and which cannot be controlled by the customer,
The customer exempts the company from all claims of third parties, which may arise from the violation of legal provisions. The company is released by the customer from all costs for the necessary legal defense. The customer is obliged to support the company in good faith with all information and documents for legal defense against third parties.
The price list published at the time of conclusion of the contract applies. A change of the tariffs in the individual case remains reserved. In case of a price increase, the customer is entitled to a right of withdrawal. The right of withdrawal must be exercised within 14 days after receipt of the notification of the price increase.
In the event of default by the customer, statutory default interest of 8 percentage points above the base rate applies.
In addition, a fee of € 2.50 will be charged for each reminder after the default has occurred, but the customer will be allowed to prove that the damage has not occurred at all or is significantly lower than the lump sum.
The company offers various payment methods. These include
Payment by credit card is in two steps. The invoice amount is blocked by the company at the time of the order confirmation at the customer's bank service provider and finally debited to the customer at the beginning of the order period.
The fees incurred by the company for the use of the services PayPal are additionally charged to the customer.
The company settles against the customer once a month. The payment of the commission to the customer takes place within 10 working days after settlement on the bank account specified by the customer, as soon as the credit balance of the customer exceeds € 50.00.
If the company has no bank account or if the balance falls short of the amount of € 50.00, the credit will be carried forward to the next month.
If the company has claims against the customer from the current business relationship with the customer, the company is entitled to offset your claim against the credit balance in the commission account.
Terminations must be made in writing. The right to extraordinary termination remains reserved to both parties. The company is particularly entitled to extraordinary termination if the customer has not complied with his obligation to pay despite two reminders, the customer despite warning continues to violate the essential provisions of these terms or the customer commits a directed against a third party misconduct by the offer to the side unlawful or harassing third parties.
The order is processed by the company taking into account the applicable data protection regulations.
Place of fulfillment and place of jurisdiction is, as far as permissible, the seat of the company.
An essential part of the service of the company is the provision of web hosting services
The company provides the customer storage space (so-called account) on a server connected to the Internet for the publication of a website (so-called shared hosting). With regard to the details of the subject matter of the contract, reference is made to the respectively valid terms of reference.
The account contract and the contract for brokering a domain are two independent contracts. This is the case even if the contracts were concluded at the same time.
If a domain cannot be assigned to the customer, or if the domain cannot be taken over by the company as part of an AuthInfo procedure, the account contract remains unaffected.
The customer is responsible for ensuring that the contents of the websites operated by him do not violate any legal regulations or third-party rights; in particular, the customer is obliged to:
to make any content or information available on the Internet that violates legal provisions, personal rights and / or industrial property rights of third parties or against common decency;
not to offer or link to content that is extremist (especially right-wing extremist) in nature or that contains pornographic or commercial erotic offerings;
to prevent undue or improper distribution of data, in particular without the express consent of the respective recipient, to send e-mails containing advertisements (prohibition of mail spamming);
to ensure that its scripts and programs used on a company server are free from errors that could interfere with the Company's performance;
all persons whom he enables the use of the services to appropriately indicate compliance with the aforementioned obligations.
The customer further undertakes not to impair the functioning of the systems of the company (improper use). System and network security breaches constitute a breach of contract for which the customer is liable. In particular, the customer commits himself
Do not run any scripts or programs that not only negligibly affect server performance. By way of example, this can be the case with banner exchange or freely accessible visitor counters, top lists, mass mailing, mail bombing or other actions that overload the system (flooding). This list is not exhaustive.
no IRC chat systems, video streaming or downloads of video, audio, incl. mp3 files for commercial purposes;
Control information in TCP / IP packets (packet headers), such as electronic messages and newsgroup entries, not to manipulate.
If the company becomes aware of infringements, inadmissible uses or hazards, the company may take the following measures:
If a third party believes that the content of an internet presence infringes its rights, or if it appears to be likely that its contents are infringing on the basis of objective evidence, the company may temporarily suspend the internet site as long as the infringement or dispute with the third party about the infringement continues.
With extremist, pornographic or commercial erotic contents a termination without notice can be pronounced.
In case of unauthorized use, the company is entitled to block the account without warning if necessary.
The customer is liable for all damages arising from a breach of the above obligations, insofar as he is responsible for the breach.
The company also offers an affiliate program.
Customers participating in this affiliate marketing system ensure that they comply with applicable legal requirements. In particular, they must not violate any provisions of competition law, trademark and copyright law or the protection of minors.
The customer may only use the provided advertising material. The use of own representations and own formulations by the customer, in addition to the representation of the pure advertising means the offer of the Merchants separately to emphasize are forbidden. The company assumes no liability for deviating statements of the customer.
As advertising material in the context of affiliate marketing, only the advertising material provided by the company in the customer area of the site is permitted. The customer must provide the company with the domains and their actual claimants on which advertising material is used.
The company can terminate the contract extraordinarily termination in case of legal violations against compelling legal and / or contractual specifications.
In the case of a claim of the company by a third party for a breach of the customer, the customer exempts the company from all claims. In particular, the customer will assist the company in warding off any claims of the third party with information and replaces the company with the resulting legal costs.
Changes and additions to these terms and conditions, including changes to this clause, must be made in writing.
Any invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions of this Agreement. Invalid provisions shall be replaced by those which come closest to the intended meaning of the invalid provision. The same applies to the occurrence of any gaps that need to be filled.