Fasterminds
Terms and Conditions

1. General Conditions

a) The company Fasterminds (hereafter: the Provider) performs all services based on these Terms and Conditions. Additionally, in the case of domain names, the conditions of registration of the individual registration locations apply.

b) Differing business conditions, either as Terms and Conditions or detailed regulation, will not be recognized unless the Provider explicitly agrees to these in writing. These Terms and Conditions also apply exclusively when the Provider knowingly performs services without the qualification of opposing customer Terms and Conditions.

c) The Provider is entitled to amend these Terms and Conditions at any time. The customer will be notified of any changes. The customer has the right to reject in writing within one month of receiving notification of the changes. When this period expires, the Terms and Conditions take effect for the customer. In the case of a written objection received on-time (date of the postmark) from the customer, the previous regulations apply unchanged until the next possible termination date. Should the customer not give notice of termination, the contract is automatically extended and from this date, the altered General Terms and Conditions will apply for the contract.

2. Establishment of a Contract

a) The contract is established by a telephone, written (including telefax), oral or electronic customer order, and the acceptance of this on the part of the Provider by implementing or confirming it. Should the written form be necessary for the order to take effect, this will be explicitly indicated in the respective service descriptions.

b) The Provider is entitled to reject orders:

The Provider reserves the right to claim for the agreed payment, offsetting any costs, in the case of a justified rejection.

3. Services of the Provider

a) The Provider attaches the utmost importance to a high level of reliability and strives to provide its services without disturbance and interruption, within the scope of its operational resources.

b) The respective service description is essential for the scope of the contractual obligations of the Provider. Free services as well as services granted freely above and beyond the contents of the contract can be limited or discontinued at any time without justification or prior notification, without the customer being entitled to them.

c) The Provider is not responsible for delays to services due to a force majeure or events, which were neither caused by the Provider, their agents or their vicarious agents deliberately or as a result of gross negligence. In these cases, the Provider is freed of their obligation to perform and no refund of payment will occur. The customer is not entitled to claims for damages. All unforeseen events as well as events which are not caused by a party are classed as a force majeure. This also includes all legal industrial action, even in Third Party organizations, official measures, failure of communication networks and gateways of other operators, faults concerning the service provider, even when these circumstances occur with subcontractors, subsuppliers or their subcontractors, or operators of network node computers authorized by the Provider.

Should the service breakdown have been caused by the Provider or their agents or vicarious agents deliberately or as a result of gross negligence, and last for a period of longer than three full calendar days, then a partial refund of the relevant payment will occur. This can also be affected by offseting this against the next payment due from the customer under the contract.

Further claims from the customer are disqualified.

4. Customer Obligations

a) The customer is obliged to use the services of the Provider appropriately and effect the payments due on-time.

b) The customer may not violate legal restrictions, the rights of Third Parties (in particular trademarks, copyright, data protection), the conditions of these Terms and Conditions or accepted moral standards with his or her Internet site or the banners, which are faded in.

The customer may not submit his or her site to search engines if the customer would violate legal restrictions, the rights of Third Parties or accepted moral standards through the keywords used in the entry.

Legal violations or unlawful content will authorize the Provider to immediately block the account. The customer will be notified of this.

c) The customer must retrieve the incoming messages from his or her POP3 mailbox on a regular basis, with a maximum of four week’s gap. The right to bounce emails remains if the relevant mailbox capacity limit is exceeded.

d) The customer is obliged to keep secret the passwords he or she receives from the Provider for the purpose of accessing their services. In case of loss or a Third Party discovering these, the Provider must be informed immediately. The customer is liable to the Provider for damages and usage charges. This applies particularly in the case where, as a result of fault on the part of the customer, a Third Party utilizes the services of the Provider by misusing the his or her passwords.

e) The customer is obliged not to send any emails which contain advertisements, without the express permission of the respective recipient. The large-scale circulation of such emails, each having the same content is considered spamming.

f) The customer is obliged to create his or her Internet site in such a way as to avoid excessive strain on the server, e.g. through CGI scripts that require high levels of computing power or take up an above average amount of disk space. The Provider is entitled to block access to sites that do not meet the above conditions from customers or Third Parties. The Provider will immediately inform customers of any such action.

g) The customer is obliged not to operate any chat rooms or offer any software downloads on the Internet site set down by the Provider. Products and services, which have been explicitly allowed, are excepted.

h) Recognizable deficiencies and damages to the services offered by the Provider are to be reported immediately. The costs resulting from the examination of the equipment are to be reimbursed by the customer if it should be determined after the investigation that the malfunction was present in the customer’s area of responsibility.

i) The Provider must be informed immediately of any changes to the customer’s name or address, or alterations to the identification by which he or she is listed in the Provider’s customer directory; this is to be done either in writing or by the customer entering this in the protected customer area.

j) Should the customer violate these obligations, the Provider, after unsuccessful warnings, is then immediately entitled to discontinue the contractual services, to stop the distribution of the relevant programs or files and, if applicable, to terminate the contract without notice.

5. Payments and Prices

a) All prices are inclusive of the legal sales tax, as long as this is not otherwise marked.

b) The Provider reserves the right to raise prices at any time. The Provider will give due notice of price changes so that the customer may terminate the contract within the termination period. Without a written termination within this period, the changes are assumed to have been accepted by the customer.

6. Payment Conditions

a) A duty of payment exists and becomes due with implementation, i.e. activation of access.

b) The Provider will invoice the customer for a year in advance. The invoice is to be paid by the due date shown.

c) In the case of a delay to payment, the Provider can discontinue the operation of the service and / or terminate the contract without notice or compensation, or block / hold back access to the service until the required sum has been received. In the case of a delay to payment, the Provider can terminate the contractual relationship without adhering to a time limit and, if applicable, demand damages for non-performance.
After the second warning, the service will be discontinued. For the activities resulting from this, as well as for the deactivation and reactivation of the service, the Provider will charge an activation fee of EUR 49 plus a reminder fee of €39 per reminder. As soon as the amount owed (including the warning fee) is paid to the Provider, the account will be reactivated immediately.

d) The customer can only set the claims of the Provider against his or her own claims in as far as the counter claim is undisputed or has been legally decided. A right to withhold payment is excluded.

7. Duration and End of the Contract

a) The term of the contract begins on the day the service is first offered by the Provider or from a contractually agreed date. The contract duration is 12 months as long as there are no other individual arrangements. The contract will be automatically extended by a further 12 months if it is not terminated at least 30 days before the expiry of the contractual duration (date of the postmark) Contracts are able to be terminated at the earliest by the expiry date of the first contractual duration (12 months).

b) The termination must be in writing sent to the address provided in the contract or otherwise.

c) Should the customer have made use of the service (this begins after the order has been sent), he may no longer withdraw from the contract. Webhosting and domain registration is always invoiced for 12 months, a year in advance. It is not possible to refund money in the case of not making use of the services. A withdrawal from the contract is no longer possible after sending off the order form.

8. Liability of the Provider

a) The Provider is liable for damages resulting from injury to life, limb and health, or from a negligent or deliberate breach of duty by the Provider or their agent or vicarious agent. For other damages, the Provider is only liable if these were caused by a deliberate or gross negligent breach of duty by the Provider, their agent or vicarious agent.

b) The Provider does not guarantee that the service offered is suitable for a particular software or particular purpose. The Provider endeavors to rectify faults within the scope of technical and operational possibilities promptly.
The Provider is not liable for damages or consequential damages, which have been caused directly or indirectly by the software used.

c) The Provider’s liability is limited in any event to the payment contribution paid by the customer for the current annual payment period. Any further liability, e.g. for lost profits by customers, etc. is excluded.

9. Liability of the Customer

The customer is liable for all consequences and disadvantages which result for the Provider and Third Parties as a result of abusive or illegal utilization of the Provider’s Internet services or are caused by the customer failing to meet his or her duties set down in these Terms and Conditions, or only partially/inadequately fulfilling these.

10. Data Protection

a) The Provider may collect, process and use person-specific data on the basis of the relevant valid, specific data protection regulations.

b) The customer agrees that the details given to the Provider may be used by the Provider for marketing purposes for services or products of the Provider or selected partners, and that the Provider may make the customer aware of interesting offers.
Personal details will be treated confidentially.

11. Closing Conditions

a) All changes and amendments to this contract must be in a written form. The agreement is subject to German law. The place of jurisdiction and fulfillment shall be Neuss, Germany.

b) Severability clause: Should a provision of this agreement be or become ineffective, this does not affect the overall effectiveness of the remaining conditions. On the contrary, in place of this, a condition meeting the aim of the agreement or a replacement condition that comes close and has been agreed by the parties to achieve the same economic results as if they had known of the ineffectiveness of the condition becomes valid. Correspondingly, the same is valid for an incomplete condition.

c) The customer is obliged, prior to any disputed approach to a problem as well as in respect of any factual or contractual matters, to write to the address below:

Fasterminds
Nixhütter Weg 78b
D – 41468 Neuss
Germany

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