General Terms and Conditions for Typo3-Solutions

EDV-SOLUTIONS - provides its services exclusively on the basis of these General Terms and Conditions (GTC). These also apply to all future business relationships, even if no express reference is made to them. The General Terms and Conditions can be accessed and downloaded online at https:webservice.EDV-SOLUTIONS.org. Collateral agreements, reservations, amendments or additions to these terms and conditions must be made in writing to be effective. EDV-SOLUTIONS and the customer are hereinafter also referred to as the contracting parties. Conflicting or deviating terms and conditions of the contractual partner, even if known, will only be effective if they are expressly recognized in writing by EDV-SOLUTIONS. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded under the General Terms and Conditions. The invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.
 

The basis for the conclusion of the contract is the respective offer from EDV-SOLUTIONS or the customer's order, in which the scope of services and the remuneration are set out. Offers from EDV-SOLUTIONS are subject to change and non-binding. The contract is generally concluded after EDV-SOLUTIONS has returned the order confirmation to the customer, with the following exceptions: In the case of participation in the SEPA direct debit procedure (direct debit authorization), the contract is concluded when the agreed amount is debited. For the products Web Hosting and E.Mail accounts ordered via PayPal, the order confirmation takes place with the provision of the service. For the product Domains, the service is only provided after the order confirmation signed by the customer has been returned. Incidents, see also section 18.1
 

1. The scope of the services to be provided is set out in the service description in the order confirmation or the details in a separately agreed written contract. Subsequent changes to the content of the service must be made in writing. 2. the customer shall immediately provide TYPO3-SOLUTIONS with all information and documents necessary for the provision of the service. The customer will inform TYPO3-SOLUTIONS of all events which are of significance for the execution of the order, even if these circumstances only become known during the execution of the order. The customer is liable to TYPO3-SOLUTIONS for the expenses incurred as a result of work having to be repeated or delayed as a result of incorrect, incomplete or subsequently changed information from TYPO3-SOLUTIONS. The customer is liable to TYPO3-SOLUTIONS in particular for damages incurred by TYPO3-SOLUTIONS as a result of incorrect, incomplete information and must indemnify and hold TYPO3-SOLUTIONS harmless in this respect.

3. the customer is furthermore obliged to check the documents made available for the execution of the order for any existing copyrights or other rights of third parties. TYPO3-SOLUTIONS is not liable for any infringement of such rights. TYPO3-SOLUTIONS shall be indemnified and held harmless in the event of such infringements by the customer. The customer must compensate TYPO3-SOLUTIONS for all disadvantages which TYPO3-SOLUTIONS suffers as a result of a claim by a third party. 4. the customer must terminate the contract concluded with any previous provider on his own responsibility. TYPO3-SOLUTIONS is not responsible for existing contracts between the customer and other providers. TYPO3-SOLUTIONS recommends that the subject matter of the contract with the previous provider be terminated in good time so that there are no further outstanding claims on the part of the previous provider.
 

1 TYPO3-SOLUTIONS is entitled, at its own discretion, to carry out the service itself or to use third parties for the provision of contractual services.

1. deadline and date agreements must be recorded or confirmed in writing. TYPO3-SOLUTIONS will endeavor to adhere to the agreed deadlines. Non-compliance with the deadlines, however, only entitles the customer to assert the rights to which he is legally entitled if the customer has granted TYPO3-SOLUTIONS a reasonable period of grace of at least 14 days. This period begins with the receipt of a reminder letter to TYPO3-SOLUTIONS. 2. after fruitless expiry of the period of grace, the customer can withdraw from the contract. An obligation to pay compensation from the title of default only exists in the case of intent or gross negligence on the part of TYPO3-SOLUTIONS.
3. to the extent that and for as long as obligations cannot be fulfilled on time or properly as a result of force majeure, such as (demonstrative list) war, terrorism, natural disasters, fire or other circumstances for which TYPO3-SOLUTIONS is not responsible, such as strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of means of transportation, failure of telecommunications networks or data lines, changes in the law affecting the services after conclusion of the contract or other non-availability of products, this shall not constitute a breach of contract. If TYPO3-SOLUTIONS is unable to fulfill its contractual obligations on time or properly due to circumstances for which it is not responsible, such as strike, lockout, embargo, governmental intervention, failure of power supply, failure of means of transport, failure of telecommunications networks or data lines, changes in the law affecting the services after conclusion of the contract or other non-availability of products, this shall not constitute a breach of contract and shall in any case release TYPO3-SOLUTIONS from compliance with the agreed delivery date. In this case the delivery date is to be agreed anew. 4. the same applies if the customer is in default with his obligations necessary for the execution of the order (e.g. provision of documents or information). In this case, the agreed date shall be postponed at least to the extent of the delay.
 

1. services created individually for the customer (e.g. web software) by TYPO3-SOLUTIONS require acceptance by the customer at the latest two weeks after delivery by TYPO3-SOLUTIONS. This will be confirmed by the customer in a protocol sent by TYPO3-SOLUTIONS. If no statement is made by the customer within two weeks after demonstrable transmission of the service, acceptance by the customer shall be deemed to have been granted. If software is used in live operation by the client, the software shall in any case be deemed to have been accepted.
 

1. when handling personal data, TYPO3-SOLUTIONS will observe the regulations of the Data Protection Act and the Telecommunications Act and take the technical and organizational measures necessary for data protection in the area of responsibility of TYPO3-SOLUTIONS (see also under Data Protection). 

2 TYPO3-SOLUTIONS is not obliged to check the permissibility of the data processing commissioned by the customer in terms of data protection regulations. The permissibility of the transfer of personal data to TYPO3-SOLUTIONS and the processing of such data by TYPO3-SOLUTIONS must be ensured by the customer. 
(3) TYPO3-SOLUTIONS shall take all reasonable measures to protect stored data and information of the customer against unauthorized access by third parties. 
4. by concluding the contract, the customer gives his consent that the data from this business case may also be transmitted to any commissioned third parties (see also point 4.1) who are involved in the processing of this order. 
5. the customer agrees that TYPO3-SOLUTIONS may list the customer's name and logo in reference lists and presentations. The customer may revoke this consent at any time.
 

[Translate to US:]

1. Jeder Vertragspartner sichert dem anderen zu, alle ihm vom anderen im Zusammenhang mit diesem Vertrag und seiner Durchführung zur Kenntnis gebrachten Betriebsgeheimnisse als solche zu behandeln und Dritten (mit Ausnahme etwaiger eingebundener Dritte siehe auch Pkt. 4.1) nicht zugänglich zu machen, soweit diese nicht allgemein bekannt oder aufgrund einer rechtskräftigen behördlichen oder richterlichen Entscheidung offen zu legen sind.

1.The customer undertakes to support all measures which are necessary for the provision of the services by TYPO3-SOLUTIONS.
2. Insofar as this is not expressly included in the scope of services of TYPO3-SOLUTIONS, the customer shall provide a permanent Internet connection at his own risk and expense.
3. The customer is obliged to treat the passwords and user names required to use the services of TYPO3-SOLUTIONS with absolute confidentiality.
4. Unless otherwise agreed, the provision of materials and cooperation by the customer shall be free of charge.

1. Insofar as data is transmitted to TYPO3-SOLUTIONS, the customer shall make backup copies. In the event that data is nevertheless lost, the customer is obliged to transmit the data in question again free of charge.
2. The customer is obliged to carry out a complete data backup before every change commissioned to TYPO3-SOLUTIONS.
3. The customer is responsible for the regular backup of the data transmitted to TYPO3-SOLUTIONS. TYPO3-SOLUTIONS accepts no responsibility for regular data backup and accepts no liability towards the customer in the event of data loss.

1. All copyrights to web software products (programs, source code, documentation) are the property of TYPO3-SOLUTIONS or its licensors. The customer receives the exclusive right to use the software after payment of the agreed fee for his own purposes, only for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations. Through this contract, the customer only acquires a non-exclusive license to use the work. Distribution by the customer is excluded in accordance with copyright law. The customer's participation in the production of the software does not acquire any rights beyond the use specified in the present contract. Any infringement of the copyrights of TYPO3-SOLUTIONS or its licensor will result in claims for damages, whereby in such a case full satisfaction must be paid.
2. The customer is permitted to make copies for archiving and data backup purposes on condition that the software does not contain any express prohibition by the licensor or third parties and that all copyright and proprietary notices are transferred unchanged to these copies.
3. If licenses are obtained from TYPO3-SOLUTIONS on behalf of the customer, the customer agrees in full to the conditions of the corresponding licenses (see Standard License).

1. the domain applied for by the customer will be registered or taken over by TYPO3-SOLUTIONS in the name and for the account of the customer with the responsible authorized registries (provider change). TYPO3-SOLUTIONS only acts as an intermediary. The customer can only assume the actual availability and allocation of the domain name once this has been confirmed by the relevant authorized registry. TYPO3-SOLUTIONS has no influence on the domain allocation. Any liability and guarantee for the availability or allocation of the domain names ordered is excluded. In particular, TYPO3-SOLUTIONS is not obliged to check the admissibility of the domain (e.g. in terms of trademark or name law). The domain holder declares to observe the relevant legal provisions and to hold TYPO3-SOLUTIONS completely harmless and indemnified.

2. The contractual conditions established by the authorized domain registries (see TLD Registration Conditions) for the registration and administration of top-level domains (TLD), the respective registered names (sub-domain) and the procedure in the event of domain disputes are a supplementary component of these General Terms and Conditions and apply accordingly. TYPO3-SOLUTIONS accepts no liability for the contractual obligations assumed by the respective domain registry towards the domain holder.
 

3. If domain registries change their billing model or their pricing structure for domains, TYPO3-SOLUTIONS is entitled to adjust the domain fees to the customer when the change comes into effect without a separate notice period. In the event that the customer does not wish to continue the contract with TYPO3-SOLUTIONS with the changed domain fees, the customer is entitled to an extraordinary written right of termination with a notice period of 14 days to the date of change of the domain fees.

4. TYPO3-SOLUTIONS checks whether the desired domain is still available when the order confirmation is sent. However, TYPO3-SOLUTIONS does not guarantee that the domain ordered can still be registered even if the order confirmation has been signed and returned.

5.The customer undertakes to inform TYPO3-SOLUTIONS immediately of any changes to the registration data (name / company name, address data, telephone, e-mail, etc.).

6. Contract term / Ordinary termination / Extraordinary termination

6.1 Contract term / ordinary termination: The minimum contract term for domains is 24 months from the start of the contract. The contract term is automatically extended by a further 24 months if it is not terminated in writing and signed by qualified electronic signature, fax, letter or scanned e-mail no later than 2 months before the end of the contract (the date on which the contract is concluded is decisive). Termination of the domain by informal e-mail (without signature) shall not be recognized as domain termination. A domain transfer to another provider ordered by the customer is equivalent to a written notice of termination and therefore does not require a separate written notice of termination on the part of the customer. In the case of termination via domain transfer, the termination shall be deemed to have been transmitted upon completion of the domain transfer. The domain will be deleted immediately after the expiry of the 24-month contract period following proper termination. The domain fee will not be refunded due to the 24-month contract period.

6.2. Extraordinary termination: If the customer wishes an extraordinary termination of the domain with immediate effect, the customer is informed that the domain will be completely deleted upon receipt of the extraordinary termination.

7.The domain fee will not be refunded due to the 24-month contract commitment. The domain fee is charged in advance at the start of the contract.

8. If invoices are not paid, the customer (domain owner) is liable for the loss of domain rights. TYPO3-SOLUTIONS has no influence on the deletion procedures of the registries. In the event of non-payment of domains, deletion by the authorized registries is sometimes immediate. TYPO3-SOLUTIONS has no influence on this and is not liable to the customer for any damage caused by the deletion.

9. Domain takeover: TYPO3-SOLUTIONS carries out the takeover (provider change) of the domains commissioned by the customer.

10. The customer confirms to TYPO3-SOLUTIONS that he is authorized as domain owner to place the takeover order and indemnifies TYPO3-SOLUTIONS against any claims by third parties. The previous provider (registrar) must agree to a takeover.

11.By registering the domain, the client undertakes to comply with the principles of organic farming in accordance with the requirements of IFOAM (POA). In the event that the Customer is active as a producer or trader in the field of organic agriculture and organically produced food, the Customer undertakes to comply with the provisions of the IFOAM (POA) and to follow all rules that are provided for market appearances in relevant markets in connection with the .bio domain.

12. Umlaut domains (IDN - Internationalized Domain Names): In order for IDN domains to be processed correctly, the software used by the customer (web browser, e-mail programs, FTP programs, etc.) must be able to process IDN domains correctly to ensure proper functioning.

13. Domain search: The results of the domain search on the website are subject to change. TYPO3-SOLUTIONS is dependent on the information provided by the authorized registries, which may also contain errors.

1.Internet access and Internet telephony are ordered by TYPO3-SOLUTIONS in the name and for the account of the customer from the Internet providers and Internet telephony providers agreed with the customer. The contract is concluded between the customer and the respective internet providers and internet telephony providers. The terms and conditions of the respective providers apply. TYPO3-SOLUTIONS only acts as an intermediary between customers and internet providers and internet telephony providers for a consulting service fee. TYPO3-SOLUTIONS assumes no liability for the contractual obligations established by the respective providers towards the customer.
 

1.TYPO3-SOLUTIONS provides a web and e-mail server. TYPO3-SOLUTIONS offers different web hosting packages and e-mail accounts (prices and services on the web page). The web hosting packages "Mini" and "Starter" include a limited data transfer volume. There is no additional charge for fair use, but TYPO3-SOLUTIONS will contact the customer to find a suitable solution in the event of very high service usage. With the web hosting packages "Advanced", "Premium" and "Power" the data transfer volume is basically unlimited, but TYPO3-SOLUTIONS reserves the right to withdraw from the contract with the customer in the event of above-average excessive use of the data transfer volume by the customer. TYPO3-SOLUTIONS provides the MaileXchange backup exclusively for domains which are administered by TYPO3-SOLUTIONS.

2. Contract term / termination: Contractual relationships for web hosting, e-mail accounts, MaileXchange backup, online fax and virtual computers are concluded for an indefinite period. The contractual relationship can be terminated by the contracting parties in writing by e-mail, fax or letter at the end of each month, subject to a one-month notice period. The customer is informed that the deletion of the customer data will be carried out by TYPO3-SOLUTIONS upon termination. The customer is responsible for the timely backup of his data before termination.

3.Billing: The fees for web hosting, e-mail accounts, MaileXchange backup, online fax and virtual computers are billed annually in advance (the start of the contract is decisive). In the event of termination before the end of the billing year, the credit balance resulting from the annual advance payment will be refunded on a pro rata basis. If the contractual partner is in arrears with payments due, TYPO3-SOLUTIONS is entitled to block access to the services until the outstanding amount has been received or to terminate the contract without notice and to invoice the contractual partner for the costs incurred as a result. The reason for the annual advance payment is solely to reduce the bureaucratic effort.
 

1. The minimum contract term for security certificates is 12 months from the start of the contract or 24 months from the start of the contract for security certificates issued by Geotrust. The contract term is automatically extended by a further 12 months if it is not terminated in writing and signed by qualified electronic signature, fax, letter or scanned e-mail at least 1 month before the end of the contract (the date on which the contract is concluded is decisive). Termination by informal e-mail (without signature) will not be recognized. In the case of Let's Encrypt security certificates, no separate termination is required if the Domain A-Record for TYPO3-SOLUTIONS is not available.

2. Billing: The invoice amount is billed in advance for 1 calendar year (from the start of the contract).
3.In particular, reference is made to point 3.2 with regard to the issue of safety certificates.
4.The contractual conditions drawn up by the certification authority (see SSL Certificate Subscriber Agreement for Geotrust security certificates and Subscriber Agreement for Let's Encrypt security certificates) for the issue of the globally valid security certificate are a supplementary component of these General Terms and Conditions and apply accordingly.

1. The maintenance contract is valid for one year. If the contract is not terminated in writing by e-mail, fax or letter at least 1 month before expiry, it is automatically extended for a further year.
2. Maintenance and troubleshooting is carried out exclusively online via a secure connection, so permanent online availability is necessary. If the server is unavailable at a maintenance time, maintenance will be carried out automatically on the following working day.

1. In principle, TYPO3-SOLUTIONS does not operate a data center where customer data is hosted.
2. An exception is our partner who also offers hosting as a service, but in this case the customer is obliged to conclude a separate service contract with them.

1.TYPO3-SOLUTIONS is entitled to withdraw from the contract concluded with the customer for good cause if
2. the execution of the service or the provision of services (e.g. above-average excessive use of the data transfer volume) on the part of TYPO3-SOLUTIONS is impossible for reasons attributable to the customer or is further delayed despite the setting of a grace period;
3. if the customer is in arrears with the payment of outstanding receivables despite having been given a grace period (reminder); the withdrawal does not release the customer from the obligation to settle outstanding receivables;
3.1. if there are justified concerns regarding the creditworthiness of the customer and the customer neither makes advance payments at the request of TYPO3-SOLUTIONS nor provides suitable security prior to performance by TYPO3-SOLUTIONS.
3.2. if the relationship of trust is so disturbed that cooperation is no longer reasonable.
3.3. In the event that an agreed delivery time is exceeded through the sole fault or unlawful action of TYPO3-SOLUTIONS, the customer is entitled to withdraw from the relevant order in writing if the agreed service is not provided in essential parts even within the reasonable grace period and the customer is not at fault. Force majeure (see also point 5.3.) releases TYPO3-SOLUTIONS from the obligation to deliver or allows it to redefine the agreed delivery time.

4.In the case of domains, the withdrawal must be made in writing by hand-delivered postal letter in order to be effective.

1. Unless otherwise agreed, TYPO3-SOLUTIONS is entitled to a fee for each individual service as soon as it has been rendered. TYPO3-SOLUTIONS is entitled to demand advance payments to cover expenses.
2. All services provided by TYPO3-SOLUTIONS which are not expressly covered by the agreed fee will be remunerated separately. The costs for travel, daily and overnight allowances will be invoiced separately to the client according to the applicable rates. Travel time shall be considered working time.

1. The current prices and features for the individual products are shown on the website and are subject to change by TYPO3-SOLUTIONS.
2. All prices are end customer prices and exempt from VAT on the basis of § 6 Para. 1 Z 27 UStG 1994.
3. Errors and omissions excepted.
4. TYPO3-SOLUTIONS retains ownership of all products supplied by it until payment has been made in full.
5. Electronic invoicing. TYPO3-SOLUTIONS is entitled to send invoices in electronic form. The customer expressly agrees to the sending of invoices in electronic form by TYPO3-SOLUTIONS. The payment is then to be transferred to us within 5 working days.
5.1. In the event of late payment, TYPO3-SOLUTIONS will initiate the dunning procedure. Default of payment occurs on the day following the due date. Per reminder € 10,- will be charged. From the due date, default interest of 8% p.a. above the applicable base interest rate will also be charged for companies.
5.2. TYPO3-SOLUTIONS is entitled in the event of default of payment and unsuccessful reminder to initiate the partial or complete suspension of services (blocking). A suspension for which the customer is responsible does not release the customer from his obligation to pay outstanding debts.
5.3. The customer undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs incurred for appropriate legal action (court and lawyer's fees).
5.4. All transfer charges and bank charges for payments in foreign currency shall be borne by the client.

1. TYPO3-SOLUTIONS undertakes to provide the services in accordance with the contract.
2. If TYPO3-SOLUTIONS does not provide the services at the scheduled times or only inadequately, i.e. with significant deviations from the agreed quality standards, TYPO3-SOLUTIONS is obliged to immediately begin to rectify the defects and to provide its services properly and free of defects within a reasonable period of time by, at its discretion, repeating the services concerned or carrying out the necessary rectification work.

3. The customer shall support TYPO3-SOLUTIONS in the rectification of defects and provide all necessary information. information available. Any defects which occur must be reported immediately by the customer to TYPO3-SOLUTIONS in writing or by e-mail.
4. The warranty for software and for updates/upgrades of existing software or parts thereof is limited to 6 months.
5. TYPO3-SOLUTIONS does not offer any support services in the event of independent changes to the system by the customer.

1. TYPO3-SOLUTIONS is liable for damages, insofar as intent or gross negligence can be proven, within the framework of the legal regulations. Liability for slight negligence is excluded.
2. Compensation for consequential damages and financial losses, loss of profit, loss of interest and damages from third-party claims against TYPO3-SOLUTIONS is excluded in any case, insofar as legally permissible.

1. The customer is responsible for all content of his web hosting (web page, etc.). The customer is expressly advised that the provision, distribution and publication of certain content is subject to legal restrictions or is prohibited. The customer is also liable for third parties to whom he grants access to his activities via his web hosting; his liability is independent of fault. If the content attributable to the customer violates the law, the customer is obliged to remove it immediately. If the request of the authorities is not complied with, TYPO3-SOLUTIONS will arrange for the prohibited content to be blocked.

2. The customer shall indemnify and hold TYPO3-SOLUTIONS harmless for any damage caused by prohibited content.

1. The place of performance is the registered office of TYPO3-SOLUTIONS.
2. The place of jurisdiction for all disputes arising directly between TYPO3-SOLUTIONS and the customer shall be the Austrian court with local and subject-matter jurisdiction for the registered office of TYPO3-SOLUTIONS.

1. The legal relationship between the customer and TYPO3-SOLUTIONS shall be governed exclusively by Austrian law to the exclusion of international conflict of law rules. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions shall only apply insofar as the Consumer Protection Act does not provide for other mandatory provisions.