Terms of Services

General Legal Terms

1.1 The following terms and conditions apply to all business relationships between the customer and AVANETCO, hereinafter referred to as “us”. The governing law is that which was valid when the contract was put into effect.

1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

1.3 The various top-level domains (“domain suffixes”) are administered by a multitude of different, mostly national, organizations.

Each of these organizations allocating domains has different terms and conditions for the registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes. As far as domains concern the contract.

2. Conclusion of the contract

2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.

2.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer’s order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.

3. Scope of services

3.1 As far as the subject of the contractual relationship concerns the registration of domain names, we conduct the procurement of the desired domain only. The customer can only expect the actual allocation of the domain name if we confirm it. We do not have any influence over the allocation of the domain. Liability and warranty for the actual allocation of ordered domain names are therefore excluded.

3.2 We guarantee an annual average of 99% network availability for the infrastructure of our computer center. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.

3.3 The services offered are those valid at the time of the order, based on the offer information, the order form and the applicable monthly special offers.

3.4 The bandwidth consumption in the plans available on the site may change and be updated at any time depending on changes in the bandwidth price in a country, so you can check it on the site every month.

3.5 If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of admission to the search engine.

3.6 Technical limitations are regulated by the System Policies, which can
be accessed or requested from https://www.avanetco.com/privacy-policy .

3.7 Any malicious activity that violates the laws of the country where you are using the service can lead to the blocking and deletion of the server in question, so you are required to comply with all domestic laws of those countries and international laws and to refrain from any malicious activity.

3.8 Technical support services are not included in the offers. If needed or desired, the user will be charged separately. The effective prices are available at any time at AVANETCO.COM.

3.9 On shared servers, you cannot occupy the entire port and bandwidth of the purchased service; your consumption must match the subscription consumption that you have prepared, and this ratio differs depending on the purchased service.

3.10 In all our services, ports 25 and 465 are closed by default, and you can use the alternative port 587.

4. Data integrity

4.1 Where data is transmitted to us, the customer is to back up their data regularly. We will back up the server regularly when this is part of the offer. In the case of data loss, the customer must transfer the respective databases to us again free of charge.

4.2 The customer is obliged to carry out a complete data backup before any changes are made.

4.3 The customer will receive a user ID and password for security purposes. These must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they must inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases, the client may request a new password, which we will then send to the client.

5. Privacy

5.1 Our data protection practice conforms to the Federal Data Protection Act (BDSG) as well as the German Teleservices Act (TMG).

5.2 Personal data of customers will only be collected and used if they are required for the creation, content arrangement or modification of the contractual relationship. The client is obligated to update these data in its online administration area.

5.3 The client’s email address will only be used for information on orders, for invoices and – provided that the client does not object – for customer care, as well as for our newsletter if the client so wishes.

5.4 We do not give any personal client information to third parties, with the exception of our service partners as far as they are required to determine the remuneration and settlement with the customer.

5.5 The client has the right to information and a right to amend, suspend or delete their saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.

6. Published Content

6.1 It is the customer’s responsibility to identify the Internet content as their own or as third-party content. The customer’s full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.

6.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.

The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers’ content.

6.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regard to the sending of emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block access if this is not respected; upon the first warning received from the data center, your service will be blocked, no refunds will be made, and your service will be permanently suspended.

7. Liability

7.1 We assume no liability for direct damages, secondary damages or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence.

7.2 With regard to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to any case of personal injury and is in accordance with the product liability law.

For indirect damages and loss of profits, we are liable only in cases of intent or gross negligence. In this case, we are liable only for the contract-typical, foreseeable damage, up to a maximum of 100% of the annual fee.

7.3 If the customer’s web content violates the obligations of paragraph 6, particularly legal prohibitions or morality, the customer shall be liable to us for all of the resulting direct and indirect damages, including property damage.

In addition, the customer agrees to free us from all claims by third parties – no matter of which kind – that may result from illegal Internet content. The exemption obligation includes liability for all legal defence costs (e.g. court and attorneys’ fees).

8. Terms of payment

8.1 The currently valid prices are accessible at any time at AVANETCO.COM.

8.2 Depending on the contractual agreement, a monthly, quarterly or annual account will be issued. Monthly payments are conducted solely by issuing a debit authorization. All other payments are carried out through issuing an invoice. Payment is due immediately upon receipt of the invoice.

8.3 We are entitled, without warning, to charge default interest on all overdue payments as indicated on the invoices.

If the client is a consumer/end-user, the amount of interest charged will be 5 percentage points above the base rate. If the client is a contractor/business, the interest charged will be 8 percentage points above the base rate.

8.4 In case of default in payment, we are also entitled to block the Internet presence of the customer and to block all other functions.

8.5 AVANETCO can activate verification for a user at any time, randomly and systematically, and the user is required to complete verification to receive the service.

8.6 Invoices are sent by email as attachments, on request with a qualified signature. We are entitled to charge a reasonable service fee for sending invoices by ordinary post. For retrospective changes to invoices that come about through no fault of ours, we are entitled to charge a reasonable service fee.

9. Contract duration/cancellation/place of execution

9.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.

9.2 Either party may cancel the contract without giving reasons at any time with a notice period of 1 day to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can only be made by not paying the invoice or by opening a ticket in your client area, provided this option is available.

9.3 We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be the case where, for two consecutive months, the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can be that the customer contravenes or ignores warnings about infringement of the requirements of section 6.

Another important reason, which can result in block or determination without notice, may be that the customer uses content which affects the performance or the safety of the server.

10. Rules for resellers

10.1 The customer is entitled to grant third-party contractual rights using the Internet presence provided to them by us. In this case, the client still remains the sole contractor. The client is committed to all the terms of the contract, arising from the terms and conditions as well as from our order forms, and must pass these on to all third parties and oblige them to comply with the terms. This also applies to the requirements in section 1.3 of these terms and conditions.

10.2 When changes need to be made regarding the participation acts of third parties, the customer is obligated to cooperate. The customer will provide us with the third party’s address and contact details on request. In the case of changes, we are entitled to contact third parties directly to demand their written agreement to the changes.

10.3 The customer is responsible for all third-party contractual violations. The customer is financially liable to us for all damages resulting from third-party violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.

11. Cancellation terms

11.1 Consequences of withdrawal
In the event of a valid revocation of this agreement, each party shall return to the other party the benefits received.

Your right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your specific request before you have exercised your right of withdrawal.

Obligations regarding refunds must be fulfilled within 7 days. The period begins for you on sending your revocation, and for us upon receipt thereof. (This applies only to shared hosting services.)