The following terms and conditions for Bekserver.de apply from January 1, 2016.
1. Contractual conditions
- BEK enables the customer, based on these terms and conditions, to:
a. Register, transfer and renew domain names (Annex DO)
b. Rent a dedicated root server (Annex DRS)
c. Rent a shared hosting package (Annex SH)The services provided by BEK are exclusively based on these terms and conditions and additional annexes, currently DO, DRS or SH, and are agreed upon by the customer by creating orders via the order forms on BEK’s website. BEK’s obligation to perform arises only after the customer has made full payment of the order. This does not apply to customers who are known to BEK to reject a contractual relationship or to whom BEK expressly rejects a contract within one week of receipt of an order. BEK may make this statement effectively by e-mail to the e-mail address provided by the customer.
- The general terms and conditions of BEK also apply to all in Sec. The subscription period is 12 months. The subscription is automatically renewed 30 days before the end of a 12-month subscription period unless the subscription has been terminated as described in section “Termination”.
- The scope of services for each service is based on the current description of the service on BEK’s website at the time of the order, which is confirmed by BEK upon acceptance of the order. Currently available services include:
a. Registration, transfer and renewal of domain names (Annex DO)
b. Renting a dedicated root server (Annex DRS)
c. Renting a shared hosting package (Annex SH)
This section outlines the connectivity of servers in BEK’s data centers to the internet, and the potential impact of increased traffic on the data throughput rate. The servers are connected to the internet via a complex system architecture using routers, load balancers, switches, etc., and data traffic capacities for groups of servers are limited at certain points due to technical reasons. This means that increased traffic from or to individual servers may result in reduced data throughput rates for those servers and other servers that are technically linked to them. The data throughput rate is distributed across connected servers in such cases. The availability of BEK servers and data paths to the internet backbone is guaranteed to be at least 97% annually. However, BEK warns that limitations or disruptions to its services may occur that are beyond its control, such as third-party actions that are not on behalf of BEK, technically uncontrollable conditions of the internet, and force majeure. Similarly, the hardware and software used by the customer or their technical infrastructure may also affect BEK’s services. Such circumstances do not affect the contractual performance of BEK’s services. BEK carries out regular maintenance work on its systems, during which its services may be temporarily interrupted or restricted to the extent objectively necessary and justified, taking into account the customer’s interests. BEK will carry out maintenance work during low usage periods wherever possible, but cannot guarantee this. If longer temporary service interruptions or restrictions are required, BEK will inform the customer of any potential impact, as far as objectively possible under the circumstances, and the notification would not delay the resolution of any existing disruptions.
BEK is free in the choice of technical infrastructure. BEK may exchange the infrastructure used, such as services from third-party suppliers as well as hardware and software, at any time. The use of certain infrastructure, third-party services or specific hardware and software is only considered a contractual component if this is highlighted in the description of the currently available services:
a. Registration, transfer and renewal of domain names (Attachment DO)
b. Renting a dedicated root server (Attachment DRS)
c. Renting a shared hosting package (Attachment SH)
BEK may change its services, provided that this is reasonable for the customer in consideration of BEK’s interests.
In any case, BEK may change its services with reasonable notice. If the customer does not object to the change in writing within a reasonable period of time set by BEK, the change will become effective. BEK undertakes to inform the customer in the change announcement that the change will become effective if he does not object. If fixed IP addresses are provided, BEK reserves the right to change the IP address assigned to the customer if this is necessary for technical or legal reasons. If necessary and reasonable, the customer participates in a possible change, for example by re-entering access data or simply adjusting his systems.
2. Hotline and technical services
1- Hotline
BEK operates a free hotline for customers, through which customers can receive support for questions, problems, and disruptions via phone or email support@bekserver.de.
Tel.: +49 (0) 831 92879051 (local call number). Questions about support, sales, and billing will be answered via our online chat 24/7 and via email within 24 hours, if possible. The telephone and email hotline are available to customers from Monday to Friday, from 9:00 a.m. to 8:00 p.m., and on Saturdays from 1:30 p.m. to 5:30 p.m., except on public holidays.
2- Technical Services
a) Terms and definitions:
Technical services: Consultancy services for the customer regarding the installation and use of their service, including the provision of appropriate documentation. Customer: The term “customer” refers to any natural or legal person who has entered into a contract with BEK under the general and special terms and conditions set by BEK.
Störung: Problem oder Funktionsstörung von BEK-Leistungen wie Hardwareprobleme, Netzwerkprobleme, elektrische Probleme., die im Verantwortungsbereich von BEK liegen.
Kostenvoranschlag: Beschreibung der Leistungen und Arbeiten und die dafür anfallenden Kosten, die von BEK mitgeteilt werden.
Diagnose: Untersuchungen, die von BEK im Auftrag des Kunden durchgeführt werden, um den Grund für die Funktionsstörung einer Dienstleistung festzustellen.
Dokumentation: Werkzeuge und Dokumentationen auf der BEK-Homepage, die BEK dem Kunden zur Verfügung stellt.
Kundenkennung: bezeichnet das Kundenkonto, das bei der Nutzung eines BEKDienstes eingerichtet wird und über das der Zugriff auf das Verwaltungsinterface ermöglicht wird.
Outsourcing: Sonderdienstleistung, die im Auftrag des Kunden von BEK durchgeführt wird und die gesondert in Rechnung gestellt wird.
Verwaltungsinterface: bezeichnet den Verwaltungsbereich « Manager », der über die BEK-Homepage nach Eingabe der jeweiligen Kundenkennung und des dazugehörigen Passwortes zugänglich ist.
BEK-Dienst: Der Begriff „BEK-Dienst“ umfasst alle Leistungen, die von BEK im Rahmen der von Kunden abgeschlossenen Verträge erbracht werden.
BEK-Homepage: Webseite der BEK, die im Internet unter der Adresse http://www.bekserver.de zugänglich ist .
b) Tools and documentation
BEK provides tools and documentation to the customer at the link http://cc.bekserver.de/. The contact details of the BEK support are also listed there. On the above-mentioned link, BEK provides the following assistance to the customer: In case of a malfunction of a service, it is the responsibility of the customer to first consult the corresponding documentation and carry out the technical tests provided by BEK at www.cc.bekserver.de. If the customer is unable to resolve the malfunction, it is the responsibility of the customer to report the malfunction to BEK.
c) Fault report
To report a malfunction, the customer must complete a malfunction report form that is available on the BEK website and in their management interface and provide BEK with all known and necessary information about their problem so that BEK can create an appropriate diagnosis. The previous tickets containing electronic exchanges between the customer and BEK are located in the management interface.
For diagnostic purposes, the customer expressly allows BEK and its employees to connect to their service and perform any necessary operation to create a diagnosis, both for hardware and software. BEK reserves the right to refuse intervention if, during the investigation, BEK finds that the customer violates BEK’s general and specific terms and conditions or applicable law in the use of the service. All communication between the parties,
The customer’s communication, especially electronic and telephone communication, confirms and proves the customer’s consent to BEK’s intervention.
d) Diagnosis and Costs
BEK will perform a diagnosis to determine the cause of the malfunction as part of the processing of a fault report. If BEK determines that the malfunction is caused by BEK, BEK will cover the diagnostic costs in accordance with the terms and conditions underlying the service. If the diagnosis reveals that no malfunction can be identified or that the malfunction is not caused by BEK, the diagnostic effort will be charged to the customer on a flat-rate basis. The tariff for the flat-rate amount is published on the BEK homepage http://www.bekserver.de and will be communicated to the customer in advance when reporting the fault. If BEK fails to identify the cause of the malfunction or fails to provide the customer with a cost estimate for resolving the malfunction, the diagnostic effort will not be charged to the customer. The customer agrees not to misuse the technical service. BEK reserves the right to refuse to process a customer request if the customer’s behavior or the frequency of their requests impairs the normal functioning of technical customer service.
e) Rectification of the malfunction
After the diagnosis, BEK will inform the customer of the cause of the problem and provide information about the technical options for resolving the issue. If the problem is not caused by BEK and the customer wishes to have the problem resolved by BEK, BEK will provide the customer with a cost estimate for the resolution of the problem by BEK. BEK is only responsible for providing the technical service.
f) remuneration
The pricing structure underlying the cost estimate can be found at the link http://www.bekserver.de/. Incurred costs will be charged to the customer on the monthly renewal date of the service in which the technical service was used by the customer. For monthly renewal of the service, all due amounts for that service, including the cost of the technical service, will be invoiced to the customer. Additional services will only be provided after full payment of outstanding debts.
3- Termination
3.1 A minimum contract term of 12 months is agreed upon.
3.2 Unless otherwise regulated in the contract between the parties, the contractual relationship can be terminated with three months’ notice to the end of the contract month, after any agreed minimum term has expired. For special offers and promotions – especially those with annual payment – different notice periods may apply if they are indicated on the website or in the offer. The right to extraordinary termination for good cause remains unaffected.
3.3 Terminations require written form to be effective.
4- Scope of services and obligations of the provider
4.1 The provider offers the customer access to the existing communication infrastructure, the provision of storage space on a server, the use of value-added services, and the maintenance and administration of data processing equipment and communication infrastructure. Details and scope of the services are finally defined in the written main contract.
4.2 To the extent that the provider provides additional services and services outside the contractual agreement free of charge, they can be discontinued at any time. This does not result in a reduction or compensation claim by the customer or a right of termination.
4.3 The provider is entitled to change, reduce or supplement the range of services resulting from the contract and to revoke access to individual services if and to the extent that this does not or does not significantly impair the fulfillment of the contract concluded with the customer.
4.4 Customers will be informed in a timely manner of any changes according to section 4.3.
5- Customer obligations and responsibilities
5.1 The customer is obliged to use the provider’s services properly. In particular, the customer is obliged to:
a) inform the provider immediately of any changes to the contractual basis;
b) not misuse the access to the provider’s services and refrain from illegal activities. In particular, it is prohibited for the customer to:
- use the services of other participants in the provider’s services without authorization;
- use services not agreed upon in the contract without authorization and decrypt, read or modify passwords, emails, files, or other participants’ data processing services or system operators;
- distribute individual applications of licensed application software unauthorized via the provider’s services;
- interrupt or block communication services, for example, due to overloads, insofar as this is the customer’s responsibility;
- distribute or make accessible illegal content of any kind via the provider’s services;
- this applies in particular to pornographic content, content glorifying violence or directed against the free democratic basic order or the idea of international understanding, such as Nazi or terrorist content, as well as propaganda materials and symbols of unconstitutional parties, associations, or their substitute organizations;
- obtain pornographic content that deals with the sexual abuse of children or other legally protected persons for himself or third parties.
- In the event of contractual violations (in particular the points mentioned above), the customer shall reimburse the provider for the incurred material and personnel expenses as well as incurred expenses.
c) ensure compliance with legal provisions and regulatory requirements, to the extent that they are currently or in the future relevant for participation in the provider’s network;
d) comply with the applicable data protection regulations and recognized principles of data security and follow them;
e) design its internet pages in such a way that excessive server load caused by scripts or programs requiring high computing power or using an above-average amount of memory is avoided;
f) report recognizable defects or damages (fault reports) immediately to the provider and take all measures that facilitate and accelerate the detection of defects or damages and their causes or the elimination of the malfunction;
g) reimburse the expenses incurred by the provider through the inspection of its equipment after the provider’s fault report, if and to the extent that it turns out after the inspection that a malfunction was the responsibility of the customer (outside the defined scope of the contract and services).
5.2 If the customer violates the obligations mentioned in paragraphs 1.b) and 1.c), the provider is immediately entitled to terminate the contract without notice, except for paragraph 1.g) after an unsuccessful warning.
5.3 Details of the interaction among users can be agreed upon in a user order in a partnership.
5.4 In the cases of paragraph 1.c), the provider, in addition to the right of immediate termination, is authorized to block access to the services arising from the scope of services immediately upon becoming aware of a violation of the customer in the manner described there.
6- Usage by third parties
6.1 Direct or immediate use of the provider’s services by third parties is permitted. The customer may use the services for his own purposes, resell them, and sublet them. He must properly instruct third parties in the use of the services. The customer is liable to the provider for compliance with the contractual provisions by the third party in the same way as he would be liable for compliance.
6.2 The customer is also responsible for paying the fees incurred by third parties within the scope of the access and usage options provided to him. The same applies in the event of unauthorized use of the services by third parties, unless the customer can prove that the unauthorized use occurred by bypassing or disabling the provider’s security devices without his fault.
7- Payment terms
7.1 The provider will invoice the agreed services to the customer at the currently valid rates, fees, and conditions plus the currently valid statutory value-added tax of 19%, unless otherwise agreed in the contract. Invoicing of fixed fees occurs monthly in advance, and for consumption-based fees at the beginning of the following month. The invoiced amount is due for immediate payment upon invoicing without any deductions. The invoice amount must be credited to the provider’s account within 7 days after receipt of the invoice.
7.2 If the fee is to be paid for parts of a calendar month that are not based on consumption, these will be calculated for each day at 1/30 of the monthly fee.
7.3 Connection and communication costs (telephone charges) between the customer and the provider’s connection point are to be borne by the customer. If additional costs (such as terminal adapters, exclusive modem provision, etc.) arise at the provider’s connection point, these will be invoiced separately to the customer.
8- Offsetting, retention rights and performance disruptions.
8.1 The customer may only set off undisputed or legally established claims against the claims of the provider. The customer is entitled to exercise a right of retention only with respect to counterclaims arising from the same contractual relationship as the claims against which the right of retention is asserted.
8.2 Claims for damages resulting from delivery and performance disruptions are excluded, unless the provider is responsible for such disruptions due to intent or gross negligence.
8.3 If the availability of the services provided by the provider falls below 90% on average per year, the customer is entitled to reduce the monthly fees and charges from the time of the occurrence until the removal of the hindrance accordingly. A significant hindrance exists if:
a) the customer is no longer able to access the provider’s infrastructure and is therefore unable to use the services listed in the contract for reasons not caused by themselves or third parties, and
b) the use of these services is significantly impaired or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.
8.4 In the event of a service outage due to a disruption outside the provider’s responsibility, the reduction is excluded. The same applies to the failure of services due to necessary interruptions according to point 10 of the General Terms and Conditions.
9- Payment default
9.1 In the event of payment default, the provider is entitled to demand default interest of €12 above the respective legal base interest rate per annum. If the provider is able to prove a higher default damage, it is entitled to claim the damage. The customer is entitled to prove to the provider that no damage or a significantly lower damage has been incurred as a result of the payment default.
9.2 The provider can terminate the contract without notice or assert a right of retention to the services owed – in particular to the domain retrieval, the connection of the server to the network or the customer’s line connection – if the customer is in default of payment of the amounts owed in full or in part for more than one month, the provider has reminded the customer with a deadline and pointed out the possible consequences of termination and the right of retention.
9.3 The provider reserves the right to assert further legal claims.
10- Availability of services
10.1 The provider offers its services 24 hours a day, 7 days a week. Necessary operational interruptions for preventive maintenance work will be announced as early as possible. The provider will rectify technical equipment malfunctions as quickly as possible and at a time that is convenient for the customer, for example at night, within the framework of existing technical and operational capabilities.
10.2 No specific time is agreed for maintenance work.
11- Data protection/privacy
11.1 The customer is hereby informed in accordance with § 33 paragraph 1 of the Federal Data Protection Act (BDSG) that the provider processes personal data in machine-readable form and for tasks arising from the contract by means of automated processing.
11.2 Insofar as the provider uses third parties to provide the services offered, the provider is entitled to disclose the subscriber data in compliance with the provisions of § 28 BDSG. Furthermore, the provider is entitled to transmit data in cases where the identification, limitation and elimination of faults and errors in the provider’s systems as well as in the systems of third parties used require the transmission of data.
11.3 The provider declares that its employees who work within the scope of this contract have been obligated to maintain data confidentiality in accordance with § 5 BDSG, and that the provider has taken the technical and organizational measures required under § 9 BDSG to ensure compliance with the provisions of the BDSG.
12- Liability and Limitations of Liability.
12.1 The provider shall be liable in cases of intent or gross negligence according to the statutory provisions. Liability for guarantees is independent of fault. For slight negligence, the provider shall only be liable in accordance with the provisions of the Product Liability Act, for the violation of life, body or health or for the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations shall be limited to the foreseeable, typically occurring damage, unless liability is incurred for the violation of life, body or health. The provider shall be liable to the same extent for the fault of vicarious agents and representatives.
12.2 The provision of the preceding paragraph (12.1) shall apply to claims for damages in addition to performance, compensation for damages instead of performance, and claims for reimbursement of expenses, regardless of the legal basis, including liability for defects, delay, or impossibility.
13- Final provisions
13.1 The place of performance for all contractual services is the registered office of the provider in Kempten (Allgäu), Federal Republic of Germany.
13.2 Contracts concluded on the basis of these General Terms and Conditions are subject exclusively to German law. Provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are waived to the extent permissible.
13.3 In relation to fully commercial customers, the registered office of the provider shall be the place of jurisdiction for all disputes arising from this contractual relationship. This also applies to legal entities under public law or special funds under public law. However, the provider is also entitled to sue at the customer’s place of residence.
14- Cancellation policy / Right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in writing (e.g. letter, e-mail). The revocation period begins after receipt of this notification in writing, but not before we have fulfilled our obligations under § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the revocation in a timely manner. The revocation must be addressed to:
BEK Server Web Services
Westendstr. 2A
87439 Kempten (Allgäu)
E-Mail: sales@bekserver.de
Internetadresse: http://www.bekserver.de
Consequences of withdrawal
In the event of an effective cancellation, the mutually received services must be returned. This can lead to you still having to fulfill the contractual payment obligations for the period up to the cancellation. If you cannot return or only partially or in deteriorated condition, the received service and benefits derived (e.g. advantages of use), you must provide us with compensation to the extent required. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your cancellation declaration, and for us with its receipt.
Special notice
Your right of withdrawal expires prematurely if the contract has been fully fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of the cancellation policy
The aforementioned right of withdrawal does not apply if the legal transaction can be attributed to your commercial or professional activity.
As of 01.2016
