Terms
GENERAL TERMS AND CONDITIONS
for Auctions, Hosting, IT, Software, Domain, Service and Multi-Vendor E-Commerce Marketplace Services
Fa. Zankoo.de
Owner: Daniel Schwieger
Stobraer-Str. 47
99510 Apolda
Germany
Email: welcome@scriptfabrik.info
Website: https://www.scriptfabrik.de
- hereinafter referred to as the "Provider" or the "Platform Operator" -
1. Scope of Application
(1) These General Terms and Conditions, hereinafter referred to as the "Terms and Conditions" or "GTC", apply to all contracts, services, deliveries, uses and legal relationships between the Provider and its customers, users, merchants, sellers, clients and other contractual partners.
(2) These Terms and Conditions apply in particular to:
- auctions
- price proposals
- fixed-price purchase offers
- web hosting
- shared hosting
- reseller hosting
- VPS and server hosting
- domain registrations
- online shop systems
- invoicing software
- business directory systems
- classified advertisement market systems
- software solutions
- PHP scripts
- digital products
- downloadable products
- licensed products
- custom programming
- web design
- technical maintenance
- support services
- backup solutions
- website security
- malware protection
- SEO and traffic tools
- website and server monitoring
- social media management tools
- VPN services
- multi-vendor marketplace functions
- merchant accounts
- seller accounts
- shop packages
- payment processing
- affiliate and partner programs
- other digital, technical or online-based services
(3) Customers within the meaning of these Terms and Conditions may be both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB.
(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(5) An entrepreneur is a natural or legal person, or a partnership with legal capacity, who or which, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
(6) Merchants, sellers or providers on the marketplace generally act as entrepreneurs if they offer products, services or digital content commercially.
(7) Where individual provisions of these Terms and Conditions expressly apply only to consumers, entrepreneurs, merchants, sellers or other user groups, this will be separately indicated.
(8) Deviating, conflicting or supplementary terms and conditions of the customer, user or merchant shall only become part of the contract if the Provider has expressly agreed to their validity in text form.
(9) Mandatory statutory consumer rights shall take precedence in relation to consumers.
(10) Data protection information and the legal notice / imprint are provided separately and do not form part of these Terms and Conditions.
2. Definitions
(1) "Provider" means Fa. Zankoo.de, owner Daniel Schwieger.
(2) "Platform" means the website operated by the Provider, the online shop, the multi-vendor marketplace and all related technical systems.
(3) "Customer" means any person who orders or uses products, services, digital content, hosting services or other services.
(4) "User" means any person who visits or uses the Platform or creates a user account.
(5) "Merchant" or "Seller" means any person or company that offers its own products, services or digital content via the Platform.
(6) "External Merchant" means a merchant who is not identical with the Platform Operator and who acts in its own name and for its own account.
(7) "Multi-Vendor Marketplace" means a platform on which several merchants or sellers may offer products, services or digital content.
(8) "Digital Content" includes in particular software, PHP scripts, plugins, templates, designs, graphics, music, audio files, videos, e-books, documents, license keys, virtual products, API access, downloadable products and digital services.
(9) "Third-Party Providers" means external companies or service providers whose services may be integrated into, mediated through or resold as part of offers.
(10) "Auction" means a form of offer in which customers may submit bids within a certain period and a contract may be concluded in accordance with the respective auction terms, in particular upon expiry of the offer period, acceptance of a bid or award of the auction.
(11) "Price Proposal" means a form of offer in which customers may propose a purchase price that differs from the listed price to the respective seller. The seller may accept the price proposal, reject it or submit a counteroffer.
(12) "Fixed-Price Purchase" means a form of offer in which the customer may directly order a product, service or digital content at a fixed stated price.
3. Contractual Components and Order of Priority
(1) Depending on the booked service, the contract may consist of these Terms and Conditions, product descriptions, tariff descriptions, service descriptions, individual offers, service-level provisions, domain notices, software and license terms, merchant terms, marketplace terms, payment and checkout notices, withdrawal instructions, data processing provisions and third-party provider terms.
(2) Individual agreements between the Provider and the customer shall take precedence over these Terms and Conditions.
(3) In the event of contradictions between general provisions of these Terms and Conditions and specific service, product, tariff or project descriptions, the more specific provisions shall take precedence.
(4) In the event of contradictions between these Terms and Conditions and mandatory statutory consumer rights, the statutory consumer rights shall take precedence.
(5) In the event of contradictions between these Terms and Conditions and mandatory data protection requirements, the mandatory data protection requirements shall take precedence.
(6) In marketplace transactions between customers and external merchants, the respective merchant information and statutory information obligations of the respective merchant shall also apply.
4. Services of the Provider
(1) The Provider renders services and provides products in the areas of hosting, IT, software, web development, digital services, online solutions and marketplace infrastructure.
(2) The offered services may include, in particular, technical infrastructure, hosting systems, server systems, domain management, email systems, shop systems, multi-vendor functions, product management, download systems, licensing systems, customer accounts, merchant accounts, payment functions, communication functions, marketing and advertising spaces, affiliate and partner programs, software development, web design, maintenance, support, monitoring, security services and backup services.
(3) The specific scope of services results from the respective offer, contract, tariff, service description or product description.
(4) The Provider is entitled to have services rendered in whole or in part by third parties, subcontractors, data centers, registrars, software providers, payment service providers or other technical service providers.
(5) The Provider is entitled to technically develop, adapt or improve services, provided this is reasonable for the customer and does not materially impair the contractually agreed scope of services.
(6) A specific economic success, specific reach, specific search engine ranking, specific turnover, specific conversion rate or any other specific success shall only be owed if this has been expressly agreed.
(7) In addition to classic fixed-price purchase offers, the Platform may also provide auctions and price proposals if the corresponding functions are technically available and expressly provided for in the respective offer.
(8) Auctions and price proposals may be offered both by the Platform Operator itself and by external merchants.
(9) The Platform is not an exclusive auction portal. Auctions and price proposals are additional offer and sales functions within the multi-vendor marketplace.
5. Role of the Platform Operator in Marketplace Transactions, Auctions and Price Proposals
(1) On the Platform, both the Platform Operator itself and external merchants may offer products, services and digital content.
(2) Depending on the technical provision, offers may be listed in particular as fixed-price purchase offers, auctions, price proposals or combinations thereof.
(3) Auctions and price proposals may be offered, managed and processed both by the Platform Operator and by external merchants.
(4) The decisive factor is which seller is identified in the specific offer.
(5) If the Platform Operator itself acts as the seller, the contract is concluded directly between the customer and the Platform Operator.
(6) If an external merchant acts as the seller, the contract is generally concluded directly between the customer and the respective merchant.
(7) The respective seller will be identified on the product page, during the ordering process or in another suitable manner.
(8) External merchants act in their own name, for their own account and on their own responsibility.
(9) In offers from external merchants, the Platform Operator shall not become a contractual party to the purchase, work, service, license or other contract between the customer and the merchant, unless expressly stated otherwise.
(10) The Platform Operator gives no warranty that external merchants will act in compliance with the law at all times.
(11) Customers are obliged to independently check the information on the respective contractual partner before completing an order, submitting a bid or submitting a price proposal.
(12) The Platform Operator may provide technical systems for ordering, bidding, price proposals, communication, payment, downloads, license management, ratings or complaints without thereby becoming a contractual party to the respective merchant transaction.
6. Conclusion of Contract
(1) The presentation of products, services and tariffs on websites, in offers, price lists or other documents does not constitute a legally binding offer, but a non-binding invitation to submit an order, unless expressly stated otherwise.
(2) A contract is concluded in particular by written or electronic confirmation, acceptance of a digital order, activation of a customer account, activation of a merchant account, provision of the service, dispatch confirmation, release of a download, provision of a license, actual rendering of the service or individual agreement.
(3) In the case of digital orders, the customer submits a binding offer to conclude a contract by clicking the order button.
(4) For consumers, the order button must clearly indicate the obligation to pay, for example with the wording "order with obligation to pay" or an equivalent unambiguous wording.
(5) The Provider is entitled to reject orders without giving reasons, in particular if legal, technical, economic, security-related or misuse-related reasons oppose acceptance.
(6) In the case of domain registrations, a contractual relationship with the respective registry or registrar is also established.
(7) The customer is obliged to check all information before submitting the order and to correct errors before sending the order.
(8) In marketplace transactions with external merchants, the contract is generally concluded only upon acceptance by the respective merchant, dispatch confirmation, release of the download or other provision of the service.
(9) In the case of auctions, depending on the design of the offer, the contract may be concluded in particular by award of the auction, expiry of the auction period, acceptance of the highest bid or express confirmation by the seller.
(10) In the case of price proposals, a contract is only concluded when the respective seller expressly accepts the price proposal or the customer accepts a counteroffer from the seller.
(11) The mere submission of a price proposal does not create any claim to acceptance by the seller.
(12) A submitted bid may be binding in accordance with the respective auction terms. Customers must therefore carefully check all information before submitting a bid.
7. Customer Account, User Account and Access Data
(1) The creation of a customer account or user account may be required for the use of certain services.
(2) The customer or user is obliged to provide complete, accurate and current information during registration.
(3) Changes to customer data must be updated immediately in the customer account or communicated to the Provider.
(4) Access data must be treated confidentially and protected against access by unauthorized third parties.
(5) The customer or user shall be liable for activities carried out via their account to the extent that they are responsible for them.
(6) The Provider is entitled to temporarily or permanently block accounts if there is reasonable suspicion of misuse, unauthorized use, security risks, contractual breaches, fraud, payment default or unlawful acts.
(7) The customer is obliged to use secure passwords and to take suitable protective measures against unauthorized access.
(8) The customer must inform the Provider without delay if there are indications of misuse of their account or access data.
(9) Multiple registration, circumvention of blocks or use of third-party identities is prohibited.
8. Merchant Accounts and Shop Packages
(1) Merchants may operate their own shops or sales areas on the Platform if the Provider makes this function available.
(2) This may require booking a paid merchant package.
(3) Different merchant packages with different prices, terms, functions, sales limits, commissions, fees or service features may be offered.
(4) The specific prices and services result from the respective tariff or package description.
(5) Merchant packages may be booked monthly, annually or for other terms.
(6) Fees are payable in advance unless otherwise agreed.
(7) Without a valid merchant package, there is no entitlement to use a merchant shop or certain seller functions.
(8) The Platform Operator may adjust merchant packages, functions, prices and service features for objectively justified reasons, provided this is reasonable for the merchant.
(9) Fees already paid are generally not refunded unless mandatory statutory provisions or deviating agreements provide otherwise.
(10) The Platform Operator is entitled to reject merchants, block merchant accounts or terminate merchant packages if legal, technical, economic or security-related reasons oppose continued use.
9. Obligations of Merchants
(1) Merchants act independently, in their own name, for their own account and on their own responsibility.
(2) Merchants are in particular solely responsible for lawful offers, accurate product descriptions, correct price information, delivery and service information, shipping, digital provision, invoicing, tax obligations, product safety, warranty, withdrawal instructions, model withdrawal forms, returns, refunds, complaints, customer communication, data protection, legal notice obligations, packaging law, product safety law, copyrights, trademark rights, license rights, protection of minors and compliance with statutory provisions.
(3) Merchants may not offer content, products or services that are unlawful, misleading, fraudulent, harmful to minors, discriminatory, glorify violence, infringe copyrights or trademarks, are criminal, unsafe or otherwise impermissible.
(4) Merchants must ensure that they have all rights to the products, digital content, images, texts, trademarks, logos, designs, files and other materials offered by them.
(5) Merchants are obliged to process customer inquiries, withdrawals, complaints, queries, objections and support cases within a reasonable period.
(6) Merchants shall indemnify the Platform Operator against all third-party claims arising from culpable breaches of duty by the merchant.
(7) Merchants may not use the Platform to circumvent fees, commissions, payment processing or security mechanisms.
(8) Merchants are obliged to keep tax and legal information correct, complete and up to date.
(9) In the case of auctions and price proposals, merchants are additionally obliged to clearly, transparently and lawfully state starting prices, minimum prices, terms, shipping costs, additional costs, offer conditions and acceptance rules.
10. Prices, Payment and Billing
(1) Prices shown to consumers include statutory value added tax unless expressly permitted otherwise by law.
(2) Prices shown to entrepreneurs may be stated net plus statutory value added tax.
(3) Billing shall take place, depending on the product, tariff or contract, in particular monthly, quarterly, semi-annually, annually, one-off, usage-based, commission-based, transaction-based or project-based.
(4) Invoices are due immediately without deduction unless otherwise agreed.
(5) Payment methods offered may include in particular SEPA bank transfer, SEPA direct debit, PayPal, Mastercard, Visa, credit top-up, external payment service providers or other payment methods displayed during the ordering process.
(6) The Provider is not obliged to permanently offer all payment methods.
(7) If the customer or merchant is in default of payment, the Provider is entitled to charge default interest in accordance with statutory provisions.
(8) In relation to consumers, the statutory default interest rate is five percentage points above the base interest rate.
(9) In relation to entrepreneurs, the statutory default interest rate for payment claims is nine percentage points above the base interest rate.
(10) If no consumer is involved in the legal transaction, the Provider may additionally claim the statutory default lump sum pursuant to Section 288(5) BGB.
(11) In the event of default of payment, the Provider is entitled, after prior reminder, to temporarily block or restrict services or terminate the contract extraordinarily if no payment is made despite setting a reasonable deadline.
(12) Set-off against claims in relation to entrepreneurs is only permitted with undisputed or legally established claims. Statutory rights of consumers remain unaffected.
(13) Return debit fees, chargeback fees, fees for failed payments or other costs caused by a failed payment for which the customer or merchant is responsible may be passed on in the actual amount incurred.
(14) Credits, where offered, may be used to pay for certain services. Payment of credits shall only be made if expressly agreed or legally required.
(15) The Provider is entitled to offset outstanding claims against credits, commission claims or payout claims of the merchant to the extent legally permissible.
11. Payment Processing, Payouts and Security Reserves
(1) Payment processing may be carried out via external payment service providers.
(2) The Platform Operator may technically receive, forward, manage or process payments as part of payment processing.
(3) Merchants may request payouts if a positive and available balance exists.
(4) Depending on the payment method, payment provider, currency conversion, processing effort, transaction costs or payout volume, fees may apply to payouts.
(5) The Platform Operator is entitled to temporarily withhold payouts if there is suspicion of fraud, chargebacks, disputes, security checks, statutory review obligations, violations of these Terms and Conditions, customer claims, refund risks or insufficient identity or company data.
(6) Reasonable security reserves may be established if there is an increased risk of chargebacks, complaints, fraud, misuse or other claims.
(7) The Provider is entitled to refuse payouts if legal, official, tax-related or payment-service-related reasons oppose payout.
(8) Merchants have no entitlement to payout of revenue generated unlawfully, cancelled, reversed or fraudulently.
12. Paid Orders and Checkout Notices
(1) Before completion of a paid order, the customer will be shown the essential information relating to the respective service.
(2) This includes in particular the product or service, essential service features, seller or contractual partner, term, notice period, total price, VAT, shipping costs, payment method, billing period, delivery or provision time, references to these Terms and Conditions, information on the right of withdrawal for consumers and notices regarding digital content.
(3) In relation to consumers, the order button must clearly indicate the obligation to pay.
(4) Permissible wording includes in particular "order with obligation to pay", "order subject to payment" or "buy now".
(5) Purely general wording such as "Order", "Continue", "Submit", "Register" or "Start now" is not sufficiently clear unless the obligation to pay is unambiguous.
(6) For digital content, software, downloads, license keys or digital services provided immediately, a separate consent of the consumer to begin performance before expiry of the withdrawal period may be required.
(7) For services that are to begin before expiry of the withdrawal period, separate consent of the consumer may be required.
(8) For offers intended exclusively for entrepreneurs, the Provider may require an express entrepreneur confirmation.
13. Auctions and Price Proposals
(1) The Platform Operator may provide technical functions for auctions and price proposals.
(2) Auctions and price proposals may be offered both by the Platform Operator itself and by external merchants.
(3) Where the Platform Operator itself is the seller, the respective offer conditions of the Platform Operator shall apply.
(4) Where an external merchant is the seller, the respective merchant is responsible for the legality, accuracy, completeness and processing of the auction or price proposal.
(5) In auctions, the starting price, term, subject matter of the offer, shipping costs, any additional costs, offer conditions and the respective seller must be clearly stated in particular.
(6) A bid may be binding. The customer is obliged to check all information before submitting a bid.
(7) The seller may, where technically provided and legally permissible, set minimum prices, fixed purchase prices, automatic bid increments, starting prices or other auction conditions.
(8) In the case of price proposals, the customer may propose a purchase price that differs from the listed price. A contract is only concluded when the respective seller accepts the price proposal or the customer accepts a counteroffer from the seller.
(9) The seller is not obliged to accept or respond to price proposals.
(10) The Platform Operator is entitled to block, cancel or remove auctions, bids or price proposals if there is reasonable suspicion of manipulation, legal violation, misuse, fraud, error, technical disruption or violation of these Terms and Conditions.
(11) In particular, sham bids, coordinated bids, artificial price manipulation, use of third-party accounts, automated bidding without permission, circumvention of fees and other manipulative acts are prohibited.
(12) In the case of auctions or price proposals by external merchants, the Platform Operator shall not be liable for product defects, incorrect descriptions, delivery problems, missing rights, lack of availability or breaches of duty by the respective merchant, unless the Platform Operator has committed its own breach of duty.
(13) Mandatory statutory rights of consumers, in particular withdrawal and warranty rights against the respective contractual partner, remain unaffected.
14. Contract Term and Termination
(1) The respective contract term results from the offer, tariff, contract or service description.
(2) Contracts with a minimum term are automatically renewed unless terminated in due time and unless otherwise stipulated in the respective offer.
(3) Unless otherwise agreed, monthly contracts may be terminated with 14 days' notice to the end of the term and annual contracts with 30 days' notice to the end of the term.
(4) The right to extraordinary termination for good cause remains unaffected.
(5) Good cause exists in particular in the event of substantial default of payment, unlawful content, spam, phishing, malware, system endangerment, official reasons, fraud, identity misuse, suspicion of money laundering or substantial breaches of merchant obligations.
(6) Notices of termination must be made in text form unless a stricter statutory form is prescribed.
(7) After termination of the contract, the Provider is entitled to delete customer data after expiry of a reasonable period, unless statutory retention obligations oppose deletion.
(8) In the case of domain services, special termination, renewal, deletion and transfer deadlines of the respective registry or registrar may apply.
(9) The customer is responsible for creating backup copies of their data in good time before the end of the contract.
(10) Fees already incurred remain due even in the event of blocking or termination, to the extent that the customer or merchant is responsible for the reason for such blocking or termination.
15. Right of Withdrawal for Consumers
(1) Consumers generally have a statutory right of withdrawal in distance contracts.
(2) Entrepreneurs do not have a statutory right of withdrawal.
(3) In contracts with the Platform Operator, the following withdrawal instructions of the Platform Operator apply.
(4) In contracts with external merchants, the respective merchant is generally responsible for withdrawal instructions, model withdrawal forms, processing of withdrawals, returns and refunds.
(5) The Platform Operator may provide technical functions for withdrawal or complaint processing without thereby becoming a contractual party to the respective merchant transaction.
16. Withdrawal Instructions of the Platform Operator
(1) As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason.
(2) The withdrawal period is fourteen days from the day of conclusion of the contract.
(3) To exercise your right of withdrawal, you must inform us, Fa. Zankoo.de, owner Daniel Schwieger, Stobraer-Str. 47, 99510 Apolda, Germany, email: welcome@scriptfabrik.info, by means of a clear statement of your decision to withdraw from this contract.
(4) To comply with the withdrawal period, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
(5) If you withdraw from this contract, we shall reimburse all payments received from you, including any delivery costs, without undue delay and at the latest within fourteen days from receipt of the withdrawal statement.
(6) For this reimbursement, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you.
(7) If you requested that the service begin during the withdrawal period, you must pay us a reasonable amount for services already provided.
(8) The right of withdrawal may expire for services and digital content in accordance with statutory provisions, in particular in the case of express consent to begin performance before expiry of the withdrawal period and corresponding confirmation of knowledge.
17. Model Withdrawal Form
If you wish to withdraw from the contract, you may use this form and send it to us.
To: Fa. Zankoo.de, owner Daniel Schwieger, Stobraer-Str. 47, 99510 Apolda, Germany, email: welcome@scriptfabrik.info.
I hereby withdraw from the contract concluded by me for the purchase of the following goods / the provision of the following service:
____________________________________________________________
Ordered on:
____________________________________________________________
Name of the consumer:
____________________________________________________________
Address of the consumer:
____________________________________________________________
Email address of the consumer:
____________________________________________________________
Date:
____________________________________________________________
Signature of the consumer:
____________________________________________________________
Only required if notified on paper.
18. Physical Products on the Marketplace
(1) Physical products may be offered by the Platform Operator itself or by external merchants.
(2) In the case of offers by external merchants, the respective merchant is solely responsible for product descriptions, price information, delivery times, shipping costs, packaging, dispatch, delivery, returns, complaints, warranty, product safety, labelling obligations and tax obligations.
(3) Delivery times are non-binding information unless expressly agreed otherwise.
(4) The Platform Operator shall not be liable for delivery delays, shipping problems, transport damage, customs problems, lost shipments or breaches of duty by external merchants.
(5) Mandatory statutory rights of consumers against the respective contractual partner remain unaffected.
19. Digital Content, Software, Downloads and Licenses
(1) Digital products may be offered on the Platform both by the Platform Operator and by external merchants.
(2) Digital products include in particular software, PHP scripts, plugins, templates, digital licenses, templates and drafts, designs, graphics, music, audio files, videos, e-books, documents, virtual products, API access, license keys, downloadable products and digital services.
(3) Digital products may be provided by download, email, customer account, cloud access, license key, activation or digital release.
(4) The buyer is obliged to independently ensure the technical requirements for using digital products.
(5) Unless expressly stated otherwise, the buyer receives only a simple, non-exclusive and non-transferable right of use.
(6) Transfer, reproduction, public distribution, rental, resale, multiple use or commercial use beyond the agreed scope is prohibited without the express consent of the rights holder.
(7) Even in the case of a purchase, all copyrights, protective rights and other intellectual property rights remain with the respective rights holder.
(8) Merchants are solely responsible for the legality, license rights, functionality, up-to-dateness, support, security, product descriptions, compatibility and statutory information obligations relating to their digital products.
(9) The Platform Operator shall not be liable for incompatibilities, system damage, data loss, functional errors, missing updates, license defects or breaches of duty by external merchants.
(10) The Platform Operator and merchants may use technical protection measures, in particular licensing systems, activations, watermarks, download limits, account bindings and access blocks.
(11) In the event of misuse or breaches of license terms, downloads may be deactivated, licenses blocked, user accounts restricted or legal action initiated.
(12) In rental models, the right of use ends automatically upon termination of the contract.
(13) After termination of the contract, the customer is obliged to stop using rented software and delete any copies, unless statutory retention obligations oppose deletion.
(14) Updates, further developments, security updates or support are only owed if expressly agreed or if they are part of the respective tariff.
(15) In the case of digital content, software, downloads or licensed products, provision may take place only after expiry of the withdrawal period unless the consumer expressly consents to the start of performance before expiry of the withdrawal period and confirms their knowledge of the loss of the right of withdrawal.
20. Custom Programming and Web Design
(1) In the case of custom programming, web design, adaptations, technical extensions or other project services, the scope of services results from the respective offer or project contract.
(2) Change requests that go beyond the agreed scope of services may be charged separately.
(3) Unless expressly agreed otherwise, after full payment the customer receives a simple right of use to the created work for the contractually intended purpose.
(4) Delivery of source files, raw data, development files, design files, access data, project files or source code is only owed if expressly agreed.
(5) The Provider may name or present created projects, designs or services for reference purposes unless the customer objects for legitimate reasons.
(6) Customer cooperation obligations must be fulfilled in good time. If a project is delayed due to lack of cooperation, agreed deadlines shall be extended appropriately.
(7) Content, texts, images, logos, trademarks, data or materials provided by the customer may be used by the Provider within the scope of the project. The customer warrants that they are entitled to do so.
21. Domain Registrations
(1) Domains are registered via third-party providers, registrars or registries.
(2) In this respect, the Provider generally acts as an intermediary and has no influence on the final allocation, assignment, renewal, transfer or deletion of domains by registrars or registries.
(3) The customer is obliged to check before registering a domain whether the desired domain infringes third-party rights.
(4) The Provider assumes no liability for availability, allocation, registrar decisions, legal admissibility, third-party rights, blocking or delays in registration, transfer or deletion.
(5) The contractual terms, policies and allocation rules of the respective registrars and registries shall apply in addition.
(6) The customer is obliged to keep all information required for domain registration correct, complete and up to date.
(7) Domain orders can generally no longer be freely cancelled after forwarding to the registrar if registration has already been triggered.
(8) The customer is responsible for timely renewal, payment and maintenance of their domain data unless these obligations have been expressly assumed by the Provider.
(9) The Provider shall be liable for the loss of a domain only to the extent that the loss was caused intentionally or by gross negligence by the Provider. Mandatory statutory rights of consumers remain unaffected.
(10) In the event of default of payment, the Provider may block domain services, not renew domains or mark them for deletion, provided this is permissible after prior reminder and under the registrar terms.
22. Hosting, Server, VPS and Email Services
(1) Hosting, server, VPS and email services are provided in accordance with the booked tariff.
(2) The customer receives only the resources, functions and service features expressly specified in the respective tariff.
(3) Resources may include in particular storage space, CPU performance, memory, traffic, databases, email mailboxes, domains, subdomains, SSL certificates, FTP/SFTP access, customer panel, IP addresses, backup options, monitoring and administrative access.
(4) The customer is responsible for content, applications, scripts, configurations, access data and security of the services used by them unless a managed service agreement exists.
(5) Without a managed service agreement, the Provider does not owe individual administration, updating, securing, troubleshooting or optimization of customer-side applications.
(6) The Provider is entitled to take technical protective measures if customer-side applications endanger the security, stability or availability of the systems.
(7) The customer may not use hosting, server, VPS or email services for unlawful, abusive or system-endangering purposes.
(8) Mass mailings, newsletter dispatch, automated email systems or comparable forms of dispatch are only permitted if they are lawful and do not cause disruptions, blacklisting risks or complaints.
(9) The Provider may use sending limits, security limits or resource limits to the extent necessary to secure operations.
23. Availability, Maintenance and Service Level
(1) The Provider strives to achieve the highest possible availability of its services and the Platform.
(2) Unless a binding service level agreement has been expressly agreed, any stated availability does not constitute a guaranteed quality.
(3) To the extent technically and economically possible, the Provider aims for an annual average availability of 99%.
(4) Permanent and uninterrupted availability is not guaranteed unless a binding SLA has been expressly agreed.
(5) Excluded from availability are in particular maintenance work, disruptions outside the Provider's sphere of influence, force majeure, power outages, network outages, failures of external infrastructure, attacks by third parties, DDoS attacks, third-party provider disruptions, security measures, customer scripts, misconfigurations, blocks due to contractual breaches and maintenance by infrastructure partners.
(6) Maintenance work may be carried out if required for operation, security, stability or further development.
(7) The Provider will announce planned maintenance work in good time where possible.
(8) Emergency maintenance may be carried out without prior notice if this is necessary to avert damage, security risks or operational disruptions.
(9) Support times, response times and resolution times are only binding if expressly agreed.
(10) Without a separate agreement, there is no entitlement to immediate processing of support requests.
(11) There is no entitlement to specific functions or permanent compatibility of the Platform unless expressly agreed.
24. Backups and Data Backup
(1) The Provider may offer backup services.
(2) Backup services are only part of the contract if expressly included in the tariff, offer or contract.
(3) The customer remains generally responsible for backing up their data unless a separate backup service has been agreed.
(4) Merchants remain responsible for backing up, exporting and archiving their product data, customer data, invoice data and tax documents.
(5) The customer is obliged to create regular own backups, in particular before changes, updates, migrations, installations or other interventions.
(6) Restorations from backups may be subject to a charge unless expressly included in the respective tariff.
(7) The Provider gives no guarantee that every backup is complete, current or recoverable in every case unless otherwise agreed.
(8) In the event of data loss, the Provider shall be liable only in accordance with the liability provisions of these Terms and Conditions.
25. Third-Party Services, Advertising and Partner Programs
(1) Certain services may be provided or technically integrated by third-party providers, for example NordVPN, OX App Suite, CodeGuard, SocialBee, payment service providers, domain registrars, registries, data centers, email service providers, security services, monitoring service providers, backup service providers, affiliate networks, comparison calculators, advertising networks or other technical or commercial service providers.
(2) The respective contractual terms, terms of use, data protection provisions and service descriptions of the third-party providers shall apply in addition to third-party services.
(3) The Provider shall not be liable for service disruptions, changes, prices, availability, contract changes, terminations or decisions of third-party providers to the extent that these are outside the Provider's sphere of influence.
(4) The Provider is entitled to replace third-party services with equivalent or reasonable alternatives, provided this is reasonable for the customer.
(5) If a third-party service is permanently discontinued or materially changed, the Provider is entitled to adapt or terminate the affected service to the extent that continued provision is impossible or unreasonable.
(6) The Platform may contain advertisements, affiliate links, partner programs, iframe comparison calculators, banner advertising and other third-party offers.
(7) When clicking external offers, users may leave the sphere of influence of the Platform.
(8) The Platform Operator assumes no liability for content, services or contracts of external providers.
(9) The Platform Operator may receive commissions, remuneration or other economic benefits from partner programs.
(10) Mandatory statutory consumer rights remain unaffected.
26. Ratings and User Content
(1) Users may, where the Platform provides corresponding functions, publish ratings, comments, product questions, content or other posts.
(2) Ratings and content must be factual, truthful and lawful.
(3) In particular, fake ratings, purchased or manipulated ratings without labelling, spam, insults, hate speech, unlawful content, misleading statements, advertising without permission, personal data of third parties without authorization and content that infringes third-party rights are prohibited.
(4) The Platform Operator is entitled to check, block, edit or remove content if a violation of these Terms and Conditions, statutory provisions or third-party rights is suspected.
(5) There is no entitlement to publication or permanent visibility of ratings or user content.
(6) Users grant the Platform Operator a simple, non-exclusive right of use, reasonable in terms of territory and time, to uploaded content to the extent necessary for presentation, technical processing, promotion, search engine indexing and marketing of the Platform.
(7) The user confirms that they have all required rights to the uploaded content.
27. Communication Between Customers and Merchants
(1) The Platform may provide communication functions between customers, users, merchants and the Platform Operator.
(2) Merchants are obliged to process customer inquiries within a reasonable period.
(3) Misuse of the communication systems is prohibited.
(4) In particular, spam, mass advertising, offensive content, unlawful content, phishing, malware, attempted fraud and misleading messages are prohibited.
(5) The Platform Operator is entitled to check messages automatically or manually for security and misuse risks to the extent legally permissible.
(6) The Platform Operator is not obliged to monitor the content of communication between customers and external merchants.
28. Acceptable Use Policy / Misuse Policy
(1) Customers, users and merchants undertake not to misuse the Provider's services or the Platform.
(2) Prohibited are in particular spam dispatch, phishing, malware, botnets, DDoS attacks, port scans without permission, mining without permission, unlawful content, infringements of rights, fraudulent pages, fake shops, identity misuse, extremist content, content harmful to minors, automated mass queries, circumvention of technical protection measures, system endangerment, unauthorized access, storage of stolen data, unlawful streaming or download offers, money laundering, terrorist financing, chargeback fraud and license misuse.
(3) The Provider is entitled to block, restrict or terminate affected services, accounts, shops, downloads, licenses or payouts if a violation or reasonable suspicion exists.
(4) The customer or merchant will be informed to the extent legally permissible and technically possible.
(5) The customer or merchant shall indemnify the Provider against third-party claims asserted due to culpable unlawful use.
(6) In relation to consumers, this indemnity applies only to the extent that the consumer culpably caused the infringement.
29. Blocking, Deletion and Security Measures
(1) The Provider is entitled to block content, websites, services, accounts, merchant accounts, shops, domains, email services, servers, downloads, licenses or payouts in whole or in part if statutory obligations, official orders, infringements of rights, security risks, misuse, payment default, suspicion of fraud, identity misuse, chargeback risks or statutory checks exist.
(2) Blocking shall generally take place only to the extent required.
(3) The Provider will inform the affected party of the blocking to the extent legally permissible and technically possible.
(4) In the event of serious or repeated violations, the Provider is entitled to extraordinary termination.
(5) Blocking does not release the affected party from existing payment obligations if the affected party is responsible for the blocking.
(6) The Provider is entitled to remove obviously unlawful or dangerous content to the extent necessary to avert danger or comply with statutory obligations.
(7) Security measures may include temporary blocks, permanent account blocks, payout stops, identity checks, document verification, security checks, functional restrictions, password resets, deactivation of insecure scripts, traffic filtering, file quarantine and necessary disclosure of information to infrastructure partners.
30. Notice-and-Takedown Procedure
(1) Rights holders may report allegedly unlawful content, products, digital content, trademark infringements, copyright infringements or other rights violations.
(2) Reports should contain sufficient information, in particular a description of the rights violation, affected URL or product page, evidence of rights ownership, contact details of the reporting person and a statement regarding the rights violation.
(3) The Platform Operator is entitled to temporarily block, deactivate or remove affected content pending clarification.
(4) Merchants, users and customers undertake to cooperate in clarifying possible rights violations.
(5) The Platform Operator is not obliged to conduct a final legal assessment of complex legal issues.
(6) In the event of repeated or serious rights violations, accounts, shops or offers may be permanently blocked.
31. Taxes, Invoices and Electronic Documents
(1) Merchants are independently responsible for value added tax, income tax, trade tax, OSS procedures, invoicing, tax reporting, tax registration and other tax obligations.
(2) The Platform Operator does not provide tax advice.
(3) Merchants undertake to comply with all tax law requirements.
(4) Merchants are themselves liable for incorrect tax information, incorrect invoices or omitted tax declarations.
(5) Invoices, credit notes, payout statements or other documents may be provided electronically.
(6) Users and merchants agree to electronic transmission unless mandatory statutory provisions oppose it.
(7) Merchants are responsible for legally compliant archiving of their tax documents.
(8) The Platform Operator may restrict payouts or functions if tax, legal or identity-related information is missing or implausible.
32. Search Engines, Advertising and External Platforms
(1) Offers, content, product data, images, descriptions and other content of the Platform may be automatically displayed or advertised in search engines, price comparison portals, advertising networks, social media platforms, affiliate systems or other external channels.
(2) Merchants agree that their offers and content may be technically processed and displayed for these purposes.
(3) The Platform Operator gives no guarantee for specific rankings, reach, click numbers, turnover, visibility or conversion rates.
(4) External platforms may use their own rules, algorithms, blocks or display formats over which the Platform Operator has no influence.
33. Data Processing on Behalf of the Customer
(1) Where the Provider processes personal data on behalf of the customer or merchant, the provisions on commissioned data processing shall apply.
(2) The customer or merchant remains the controller within the meaning of the GDPR to the extent that they determine the purposes and means of processing personal data.
(3) In such case, the Provider processes personal data only within the scope of the contract, according to documented instructions and for the purpose of providing the agreed service.
(4) The subject matter of processing may include in particular hosting, server operation, email services, shop systems, marketplace functions, software solutions, maintenance, support, backup, monitoring and technical administration.
(5) Depending on use, master data, contact data, contract data, usage data, content data, communication data, payment and invoice data, technical data, IP addresses, log data, access data and customer data may be processed.
(6) The Provider ensures that persons authorized to process data have been obliged to maintain confidentiality.
(7) The Provider takes appropriate technical and organizational measures to protect personal data.
(8) The Provider supports the customer or merchant where possible in fulfilling their data protection obligations.
(9) The Provider is entitled to use sub-processors to the extent necessary for service provision.
(10) After termination of the main contract, personal data will be deleted or returned in accordance with statutory requirements, contractual agreements and technical deletion cycles unless statutory retention obligations exist.
(11) If a separate data processing agreement is required for a service, the Provider may additionally provide or require such an agreement.
34. Data Protection Notice
(1) Information on the processing of personal data by the Provider is contained in the separately provided privacy policy.
(2) Merchants are themselves responsible for GDPR-compliant processing of personal data of their own customers, prospects, employees and business partners.
(3) Merchants are themselves responsible for their own privacy policies, cookie notices, consents, data processing agreements and other mandatory data protection information to the extent that they carry out their own data processing.
(4) These Terms and Conditions do not replace a privacy policy.
35. Content of the Customer, Merchant and User
(1) Customers, merchants and users remain responsible for all content stored, published, processed, transmitted or uploaded by them.
(2) The Provider is not obliged to check customer data, merchant data or user content without cause.
(3) If claims are asserted against the Provider by third parties due to unlawful content, the respective responsible party shall indemnify the Provider against all claims, costs and damages to the extent that they are responsible for the infringement.
(4) In relation to consumers, this indemnity applies only to the extent that the consumer culpably caused the infringement.
(5) Customers, merchants and users warrant that they have all required rights to the content, data, images, logos, texts, trademarks, domains, software components and other materials provided by them.
(6) No content may be provided that violates third-party rights or statutory provisions.
36. Intellectual Property
(1) All content, designs, texts, graphics, software, scripts, concepts, databases, logos, trademarks, layouts and other works created by the Provider are subject to copyright or other protective rights.
(2) Without express consent, Provider content may not be copied, modified, distributed, sold, rented, made publicly accessible or otherwise exploited.
(3) Rights to products, digital content or materials of external merchants remain with the respective rights holder.
(4) The customer receives only the rights that have been expressly granted.
(5) No implied transfer of further rights shall take place.
37. Warranty
(1) Statutory warranty rights apply.
(2) In relation to entrepreneurs, the warranty period for new goods, digital products or work services shall be twelve months to the extent legally permissible.
(3) In relation to consumers, statutory warranty periods apply.
(4) In the case of digital products, software or scripts, the Provider gives no warranty that these are compatible with every individual server configuration, third-party software, plugin combination or customer-side adaptation unless specific compatibility has been expressly agreed.
(5) Changes by the customer, merchant or third parties may exclude warranty rights to the extent that the defect was caused thereby.
(6) For entrepreneurs, obvious defects must be reported immediately after discovery.
(7) Statutory rights of consumers remain unaffected.
(8) In the case of products or services of external merchants, warranty claims are generally directed against the respective merchant as contractual partner.
38. Liability
(1) The Provider shall be liable without limitation in cases of intent and gross negligence.
(2) The Provider shall be liable without limitation for damages arising from injury to life, body or health.
(3) Liability under the German Product Liability Act remains unaffected.
(4) In cases of slight negligence, the Provider shall be liable only for breach of material contractual obligations.
(5) Material contractual obligations are obligations whose fulfilment enables the proper performance of the contract in the first place and on whose compliance the customer may regularly rely.
(6) In such case, liability is limited to the damage typical for the contract and foreseeable.
(7) In relation to entrepreneurs, liability shall be limited in amount to the contract value of the last twelve months to the extent legally permissible.
(8) In relation to entrepreneurs, liability for lost profits, indirect damages, consequential damages and unrealized savings is excluded to the extent legally permissible.
(9) Liability for data loss is limited to the restoration effort that would have been incurred if proper and regular data backups had been made.
(10) In relation to consumers, statutory liability rights apply without restriction to the extent mandatory consumer rights are concerned.
(11) The Provider shall not be liable for outages, disruptions, data loss or damages caused by circumstances outside its sphere of influence.
(12) This includes in particular force majeure, DDoS attacks, power outages, data center failures, third-party provider disruptions, errors of registrars or registries, and misconfigurations caused by the customer, user or merchant.
(13) In particular, the Platform Operator shall not be liable for breaches of duty by external merchants, product defects of external merchants, incorrect product descriptions by external merchants, delivery problems of external merchants, data losses at the merchant, loss of turnover, lost profits, technical outages or external payment service providers, unless the Platform Operator has committed its own breach of duty.
(14) Mandatory statutory rights of consumers remain unaffected.
39. Reference Naming
(1) The Provider may name services rendered to entrepreneurs as references unless legitimate interests of the customer oppose this.
(2) Reference naming may include in particular name, logo, project description, screenshots or general service description.
(3) The customer may object to reference naming for legitimate reasons.
(4) In relation to consumers, reference naming shall only take place with express consent.
40. Force Majeure
(1) The Provider shall not be liable for delays, impediments to performance or outages due to force majeure.
(2) This includes in particular natural disasters, fire, floods, power outages, cyberattacks, DDoS attacks, strikes, official measures, war, pandemics, network outages, hosting outages, data center disruptions or other events outside the Provider's sphere of influence.
(3) Performance obligations shall be extended appropriately for the duration of the disruption if the disruption is temporary.
(4) If performance is permanently impossible or unreasonable, the parties may terminate or rescind the contract in accordance with statutory provisions.
41. Changes to the Terms and Conditions and Services
(1) The Provider may amend these Terms and Conditions if there is an objective reason for doing so and the customer, user or merchant is not unreasonably disadvantaged thereby.
(2) Objective reasons may include in particular changes in the legal situation, technical changes, changes to the services offered, security requirements, marketplace adjustments or economic adjustments.
(3) Changes will be communicated to the customer, user or merchant in text form or via the customer account.
(4) If the affected party does not object to the change within a reasonable period, the change may become effective if the Provider expressly informs the affected party in the change notification of the right to object and the consequences of failure to object.
(5) In relation to consumers, changes shall apply only in accordance with statutory requirements.
(6) Material changes to the main performance obligations shall not be made unilaterally to the detriment of the customer unless there is a statutory or contractual basis.
(7) Technical changes, updates, maintenance work, security measures or adjustments to individual Platform functions may be carried out to the extent required for operation, security, stability or further development.
42. Consumer Dispute Resolution
(1) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board unless there is a statutory obligation to participate.
(2) The European Online Dispute Resolution platform was discontinued on 20 July 2025.
(3) A link to the discontinued ODR platform is therefore not provided.
43. Place of Jurisdiction, Law and Contract Language
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) In relation to consumers, this choice of law applies only to the extent that mandatory consumer protection provisions of the state in which the consumer has their habitual residence are not restricted thereby.
(3) If the customer, user or merchant is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of the Provider to the extent legally permissible.
(4) In relation to consumers, the statutory places of jurisdiction apply.
(5) The contract language is German.
(6) The Provider may additionally provide these Terms and Conditions in further languages. The German version shall remain authoritative unless expressly agreed otherwise.
44. Contract Storage and Electronic Communication
(1) Order data, contractual information, invoices, credit notes, payout statements and other documents may be stored and provided electronically.
(2) Customers, users and merchants agree to electronic communication unless mandatory statutory provisions oppose this.
(3) The Provider may transmit legally relevant declarations by email, via the customer account or via other electronic communication channels to the extent legally permissible.
(4) Customers, users and merchants are obliged to keep their stored contact details up to date.
(5) Disadvantages resulting from outdated or incorrect contact details shall be borne by the respective customer, user or merchant to the extent that they are responsible for them.
45. Transfer of Rights and Obligations
(1) Rights and obligations under the contract may be transferred by the customer, user or merchant only with the Provider's prior consent.
(2) The Provider may transfer rights and obligations under the contract to affiliated companies, legal successors or technical service providers, provided this is reasonable for the customer, user or merchant and no legitimate interests oppose this.
(3) Statutory rights remain unaffected.
46. Final Provisions
(1) Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
(2) The statutory provisions shall apply in place of the invalid provision.
(3) Amendments and additions to the contract must be made in text form unless a stricter statutory form is prescribed.
(4) These Terms and Conditions apply to all present and future services of the Provider and the Platform unless deviating agreements are made.
(5) The current version of the Terms and Conditions is available on the website.
(6) By using the Platform, creating an account, ordering a service or booking a merchant package, the user, customer or merchant accepts these Terms and Conditions to the extent that they have been effectively incorporated into the respective contract.
(7) Mandatory statutory information, in particular data protection information and legal notice / imprint, is provided separately and does not form part of these Terms and Conditions.
Status: May 2026