General Terms and Conditions (GTC) of VALEO IT GmbH
As of: 30.07.2019
These terms and conditions (GTC) are the contractual basis for all legal transactions of VALEO IT GmbH, In der Scheibe 3, 92706 Luhe-Wildenau
Phone: +49 9607 82194-0, Fax: +49 9607 82194-199
Internet: http://www.valeo-it.de, E-Mail: firstname.lastname@example.org
1. Confidential information
Confidential Information" refers to information that one party provides to the other party under this contract and that is marked "confidential" prior to or at the time of publication or disclosure.
„Releases“ refer to released subsequent versions (updates or upgrades) and error corrections for previously licensed software or installed hardware.
"Products" refer to hardware, software, spare parts and releases that are listed in the VALEO IT GmbH price lists for products or VALEO IT GmbH offers.
4. Service performances
"Service performances" refer to the services listed in a service list or a service description. These services also include other services that the parties can agree on, e.g. web hosting, work services, services or advice.
II. Confidential information
A party receiving confidential information (receiving party) must treat it confidentially; In doing so, it must use the same level of care that it tends to apply to its own information of comparable importance, but at least the level of care customary in traffic. It may only use the confidential information for the purposes stipulated in the contract. Confidential information may only be passed on to employees or contractors who must maintain similar confidentiality by the receiving party and only for use for the purposes provided in the respective contract. These obligations do not apply to information that
1. become lawfully known to the receiving party without violating its confidentiality obligation,
2. are not accessible to the public due to the fault of the receiving party,
3. developed independently by the receiving party and without using the other party's confidential information, or
4. become available to the public through a final decision issued by a court or government agency, provided the receiving party notifies the other party in writing beforehand and provides reasonable assistance to allow the other party to appeal.
III. General provisions
Deliveries, services and offers from VALEO IT GmbH are made exclusively based on these terms and conditions, unless otherwise agreed. The terms and conditions only apply if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law. Other contractual terms do not become part of the contract, even if VALEO IT GmbH does not expressly contradict them. The terms and conditions in their respective version also apply as a framework agreement for future contracts between VALEO IT GmbH and the customer, without VALEO IT GmbH having to refer to them again in each individual case. The current version of the terms and conditions is available at www.valeo-it.de.
2. Offer and conclusion of contract
a. Offers from VALEO IT GmbH are subject to change and non-binding, unless the offer is designated as binding in writing or electronically (fax or email). A legal binding only comes into existence through a contract signed by both parties or through the customer's order and receipt of an order confirmation from VALEO IT GmbH, sent in writing or electronically (fax or email), and also in that VALEO IT GmbH begins with the contractual performance of the service or deliver the goods.
b. Unless otherwise stated, VALEO IT GmbH is bound by the prices contained in its offers for 14 days from the date of the offer. The prices stated in the offer of VALEO IT GmbH plus the respective statutory sales tax are decisive. Additional deliveries and services will be charged separately. In particular, familiarization with the hardware and software supplied and installation of the same is not owed. Separate contracts are to be concluded for this.
c. The decisive factor for the scope, type and quality of deliveries and services is the contract signed on both sides or the order confirmation from VALEO IT GmbH, otherwise the offer from VALEO IT GmbH. Other information or requirements only become part of the contract if the contracting parties agree in writing or if VALEO IT GmbH has confirmed them in writing.
d. The sales staff of VALEO IT GmbH are not authorized to make oral side agreements or to give oral assurances that go beyond the content of the written contract.
3. Delivery time
a. Details of delivery and service times are non-binding, unless they have been confirmed in writing by VALEO IT GmbH as binding. The company VALEO IT GmbH can provide partial services insofar as the delivered parts can be used meaningfully in isolation for the customer.
b. Delays in delivery and performance due to force majeure and events that not only make delivery temporarily difficult or impossible for VALEO IT GmbH - this includes in particular strikes, lockouts, official orders etc., even if they are with the company's suppliers VALEO IT GmbH or its subcontractors - the company VALEO IT GmbH is not responsible even for the bindingly agreed deadlines and dates. They entitle VALEO IT GmbH to postpone the delivery or service for the duration of the impediment plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
c. If the contracting parties subsequently agree on additional services that affect agreed deadlines, these deadlines will be extended by a reasonable amount of time.
4. Payment, compensation
a. Unless otherwise agreed, VALEO IT GmbH's invoices are payable without deduction immediately after the invoice is issued. Invoices are sent to the customer by email.
b. The compensation against customer counterclaims or withholding payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.
c. VALEO IT GmbH is entitled to carry out or provide outstanding deliveries or services only against advance payment or security deposit if, after conclusion of the contract, it becomes aware of circumstances that are likely to significantly reduce the customer's creditworthiness and through which the payment of the outstanding claims of VALEO IT GmbH are endangered by the customer from the respective contractual relationship.
d. If the customer falls behind schedule, VALEO IT GmbH is entitled to demand interest from the relevant point in time in accordance with the statutory provisions.
a. The statutory provisions apply to the rights of the customer in the case of material and legal defects, unless otherwise specified below. In all cases, the statutory special provisions remain unaffected when the goods are delivered to a consumer. Claims from supplier recourse are excluded if the defective goods have been further processed by the customer or another entrepreneur, for example by installing them in another product.
b. As an agreement on the quality of the goods, all product descriptions are the subject of the individual contract. If the condition has not been agreed, it is to be judged according to the legal regulation whether there is a defect or not (§ 434 Abs. 1 S. 2 and 3 BGB). However, VALEO IT GmbH assumes no liability for public statements by the manufacturer or other third parties (e.g. advertising statements) to which the customer has not indicated that VALEO IT GmbH is decisive for the contract.
c. The customer's claims for defects assume that it has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB), otherwise liability for the defect that is not reported or not reported in time is excluded.
d. VALEO IT GmbH has the right to choose the type of supplementary performance by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). The right to refuse supplementary performance under the legal requirements remains unaffected.
e. A supplementary performance owed can be made dependent on the customer paying the contractually owed remuneration. However, the customer is entitled to withhold a reasonable proportion of the remuneration owed in relation to the defect.
f. Warranty claims do not exist in the event of excessive or improper use, non-reproducible or otherwise verifiable errors by the customer, or in the event of damage caused by subsequent changes by the customer or third parties.
g. VALEO IT GmbH assumes no liability for the data loss. Data backup is the customer's responsibility. The customer assures VALEO IT GmbH that it has backed up all data on separately stored data backup media before starting VALEO IT GmbH.
h. The company VALEO IT GmbH can demand reimbursement of its expenses insofar as - it acts based on a report without a defect, unless the customer could not reasonably see that there was no defect or - a reported fault was not reproduced or is otherwise demonstrable by the customer as a defect or - additional effort arises due to improper fulfillment of the customer's obligations.
i. If the defect is insignificant, there is no right of withdrawal.
j. Customer’s claims for damages or reimbursement of futile expenses, even in the case of defects, only exist in accordance with Section 6 and are otherwise excluded.
a. VALEO IT GmbH is liable for damages caused, either intentionally or negligently, by it or by its legal representatives or vicarious agents from the breach of essential contractual obligations as well as from injury to life, body or health.
b. Additionally, the company VALEO IT GmbH is only liable for damages caused by it or by its legal representatives or vicarious agents, either intentionally or through gross negligence.
c. In addition, VALEO IT GmbH is only liable for willful intentions made by it or its legal representatives or vicarious agents. In the event of slightly negligent breaches of duty, the liability of VALEO IT GmbH is limited to the average contract damage that is foreseeable according to the type of service. This also applies to slightly negligent breaches of duty by the legal representatives and vicarious agents of VALEO IT GmbH. This limitation of liability does not apply to injury to life, body or health attributable to VALEO IT GmbH.
d. In the event of delay, VALEO IT GmbH will reimburse the customer for the damage demonstrably caused by the delay in the context of letters a) to c) of this section (liability).
e. Exclusions or limitations of liability do not apply insofar as the company VALEO IT GmbH has taken over a guarantee that had the purpose of protecting against the occurrence of the claimed damage.
f. Liability under the Product Liability Act remains unaffected.
g. Except in the case of willful intent and gross negligence, as well as in the event of a breach of essential contractual obligations and the assumption of a guarantee(s), VALEO IT GmbH is not liable for indirect damage, such as additional expenditure or lost profit due to a defective delivery or service.
7. Violation of Third Party Rights
a. VALEO IT GmbH is only liable for violations of third party rights by its services if the services are used in accordance with the contract.
b. If a third party make a claim against the customer that a service provided by VALEO IT GmbH violates its rights, the customer shall immediately notify VALEO IT GmbH. However, VALEO IT GmbH and, if applicable, their upstream suppliers are not obliged to ward off the asserted claims at their own expense.
c. If the third parties rights are violated by a service made by VALEO IT GmbH, VALEO IT GmbH will choose upon its own discretion and expense
aa) to give the customer the right to use the service or
bb) to perform the service free of third party rights upon its own choice and expense.
If no other remedy can be achieved by VALEO IT GmbH with reasonable effort, both contractual partners can terminate the underlying contract with immediate effect. The interests of the customer are given due consideration.
d. The liability regulations in Section 6 apply to claims for damages.
8. Transfer of risks
The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left the warehouse of VALEO IT GmbH for the purpose of shipment. If shipping is delayed at the customer’s request, the risk is transferred to it when the readiness for shipping is notified.
The goods are dispatched by post or a freight forwarder.
9. Default of acceptance
If the customer defaults on accepting the properly offered service, VALEO IT GmbH can exercise its legal rights in the event of non-acceptance.
If VALEO IT GmbH demands compensation, this amounts to 10% of the net invoice value. The compensation is higher or lower if the company VALEO IT GmbH a higher damage or the customer a lower damage.
10. Reservation of title
a. The object of purchase remains the unrestricted property of VALEO IT GmbH until the invoices have been paid in full, plus any additional claims (interest on arrears, reminder fees and the like). In this respect, a pledge or transfer by way of security by the customer is also excluded.
b. If the customer is a legal entity under public law, a public law special fund or an entrepreneur, who acts in the course of the contract in the exercise of its commercial or independent professional activity, the reservation of title shall also apply to claims of VALEO IT GmbH against the customer from the current business relationship up to the settlement of claims due in connection with the acquisition.
c. Objects that are manufactured by processing objects owned by VALEO IT GmbH are the property of VALEO IT GmbH and will be kept by the customer until the end of its usage rights for the company VALEO IT GmbH and then released to them.
d. When third parties access objects owned by VALEO IT GmbH, e.g. through seizure or enforcement measures, the customer must point out the ownership structure and immediately notify VALEO IT GmbH in writing.
e. If the customer behaves contrary to the contract, especially in the event of late payment, VALEO IT GmbH is entitled to withdraw from the contract and to reclaim the reserved goods.
a. Abweichend von § 438 Abs.1 Nr.3 BGB beträgt die allgemeine Verjährungsfrist für Ansprüche aus Sach- und Rechtsmängeln ein Jahr ab Ablieferung. Soweit eine Abnahme vereinbart ist, beginnt die Verjährung mit der Abnahme.
b. Die vorstehenden Verjährungsfrist gilt auch für vertragliche und außervertragliche Schadensersatzansprüche des Kunden, die auf einem Mangel der Ware beruhen, es sei denn dass die Anwendung der regelmäßigen gesetzlichen Verjährung (§§ 195, 199 BGB) im Einzelfall zu einer kürzeren Verjährung führen würde.
c. Schadensersatzansprüche des Kunden gem. Ziffer 6 a. bis c. sowie nach dem Produkthaftungsgesetz verjähren jedoch ausschließlich nach den gesetzlichen Verjährungsfristen.
12. Anwendbares Recht, Gerichtsstand, Teilunwirksamkeit
a. The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between VALEO IT GmbH and the customer. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
b. If the buyer is a merchant, a legal entity under public law or a special fund under public law, Luhe-Wildenau is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
c. Should a provision of these terms and conditions or a provision in the context of other agreements be or become invalid, the validity of all other provisions or agreements will not be affected.
IV. Additional provisions for products and services.
In the event of the end of life (EOL) of a product or service, VALEO IT GmbH provides support for up to one year. The one-year period is based on the EOL date announced by VALEO IT GmbH. This also applies if an EOL is announced for a single product or service and these are listed together with other products and / or services in a common system certificate. In this case, VALEO IT GmbH is entitled to partially cancel the support for the product and / or the service concerned, and will issue the customer with an updated system certificate, if necessary. The scope and / or duration of the service can vary within the aforementioned period depending on the respective product type or service type.
V. Additional provisions for software
1. Subject of a software contract
a) The subject of this contract is the transfer of a copy of the software together with the user manual by the provider to the customer.
b) This contract does not cover the installation and maintenance of the contractual software on the customer's hardware.
2. Obligations of VALEO IT GmbH
a) VALEO IT GmbH must provide the customer with a copy of the contractual software on CD-ROM, by e-mail or on the Internet via download.
b) VALEO IT GmbH must provide the customer with the user manual for the contractual software as a printed material or digitally as a document.
VALEO IT GmbH grants the customer a non-exclusive and non-transferable license to use the software delivered to the customer exclusively for internal purposes. Please note the following:
a) the restrictions in the order or in the order confirmation with regard to the approved purpose and the approved number of users, developers, entries and CPUs and
b) the additional license terms that accompany the software
c) the right to pass on the software to third parties is excluded if there is reasonable suspicion that the third party will violate these contractual terms or the copyrights.
4. License restrictions
The customer may make identical copies of the software for archive purposes (including a backup copy for system failures). The customer may not change, decompile or use any other form of reverse engineering. The information required for interoperability is provided by VALEO IT GmbH upon request.
VI. Additional provisions for services
1. Remote services
By ordering remote services
a) The customer acknowledges that VALEO IT GmbH can remotely access the systems in the customer's business premises and process and store product data for remote monitoring, management and maintenance of the systems (VALEO IT GmbH treats this data as customer confidential information),
b) the customer undertakes to purchase or maintain at its own expense a bridge or gateway approved by VALEO IT GmbH that is suitable for the systems or networks concerned and
c) the customer shall pay all telecommunication and internet access costs in connection with the remote services.
2. System support
a) Individual contracts
For all services to be performed by VALEO IT GmbH, VALEO IT GmbH and the customer shall each sign an individual contract or a description of services, in which the scope of the services ordered by the customer is precisely detailed.
b) Customer premises
The system support for the systems listed in the respective system certificate (listed systems) is carried out in the customer's business premises. The customer informs VALEO IT GmbH in writing at least 30 days before a local change to the listed systems about the new installation location. The support provided for the implemented systems depends on the availability on site. Additional support fees may apply. A check and a new certification may also be required for implemented systems, for which the applicable hourly and material rates of Valeo IT GmbH are calculated.
c) Avoidance of mistakes
The customer performs routine preventative maintenance and cleaning work. Before the customer requests support from VALEO IT GmbH, it first carries out the respective procedures or measures for error analysis that are provided by VALEO IT GmbH. If these troubleshooting efforts fail, the customer shall immediately notify VALEO IT GmbH. The customer will implement and maintain a procedure outside the listed systems for the recovery of lost or changed files, data or programs.
d) Qualified employee
Hardware and software support may only be requested from the customer’s employees, who have the necessary knowledge and training in order to be able to diagnose and correct hardware and software errors under instructions from VALEO IT GmbH, and who are appointed as contact persons.
e) Additional systems
With a written notification to VALEO IT GmbH, the customer can supplement an individual contract with additional systems for a period corresponding to the term of the individual contract. The relevant pro rata fees per system apply. These systems may be checked by VALEO IT GmbH. VALEO IT GmbH sends the customer an additional order confirmation, which shows the additional systems listed and the associated additional fees.
f) Exclusion of services
VALEO IT GmbH is not required to perform the services if
aa) the systems were improperly or incorrectly used or the fault was caused by an accident or gross negligence,
bb) changes, modifications or attempts to repair the systems were made by personnel not authorized by VALEO IT GmbH,
cc) the errors were caused by reasons outside the system, such as when the operating conditions specified by the manufacturer were not met,
dd) the listed systems are used in connection with software or other products that are not included in a price list or the offer of VALEO IT GmbH or whose use has not been approved in writing by VALEO IT GmbH.
ee) the errors were caused by a local change of the listed systems or an attempt to change the location, or
ff) the software or the systems do not have the minimum configurations or releases stipulated by VALEO IT GmbH that are required to keep a listed system within the framework of the support provisions of VALEO IT GmbH or to install spare parts, patches or subsequent releases.
The support that is provided based on such a process (described in aa) to ee)) will be separately invoiced at the applicable hourly and material rates of VALEO IT GmbH and is the subject of a separate agreement.
3. On-site materials
a) The customer will store, secure and label all tools, parts, spare parts, products and materials housed in the customer's business premises that do not become the property of the customer (" on-site materials ") separately and as the property of VALEO IT GmbH mark.
b) The on-site materials may only be used by authorized persons in accordance with the provisions of the applicable service list or service description. The customer has no rights to the on-site materials and may not grant any lien or security rights to the materials. The customer bears the risk of loss or destruction for the on-site materials that may occur before they are returned to VALEO IT GmbH.
c) Within ten days after cancellation or expiry of the corresponding individual order, the customer delivers all related on-site materials together with a waybill (freight prepaid and fully insured) to VALEO IT GmbH.
4. Rights to use services to be performed
VALEO IT GmbH grants the customer a non-exclusive and non-transferable license, which grants the customer the right to use the services to be performed exclusively for internal purposes.
b) Use of tools and updates
Only for the purpose of fault diagnosis and troubleshooting is permitted to qualified customer employees to access the tools provided by VALEO IT GmbH for listed systems. The provision of an update does not affect the rights in the event of defects for the previously licensed software. These updates may only be used in connection with an application on the listed systems.
c) License restrictions
The customer is not allowed to change the work results, decompile them or use any form of reverse engineering, except for making copies of the work results for archive purposes. VALEO IT GmbH provides upon request the information required for interoperability.
5. Price / surcharges
The business hours of VAELO IT GmbH are from Monday to Friday from 8 a.m. to 5 p.m. The following surcharges are applied to working hours that go beyond this:
a) Monday to Friday from 00:00 o´clock to 08:00 o´clock plus 50 %
b) Monday to Friday from 20:00 o´clock to 24 o´clock plus 50 %
c) Saturday 00:00 o´clock to 08:00 o´clock plus 100 %
d) Saturday 08:00 o´clock to 20:00 o´clock plus 50 %
e) Saturday 20:00 o´clock to 24:00 o´clock plus 100 %
f) Sunday and holidays 00:00 o´clock to 24:00 o´clock plus 100 %
By a written or electronic (i.e. by email) notification sent to the customer with a notice period of 60 days, VALEO IT GmbH is entitled to adjust the fees and service content provided that these do not create an unreasonable disadvantage to the customer. If shorter notice periods have been agreed due to agreements between suppliers and VALEO IT GmbH, VALEO IT GmbH is entitled to appropriately reduce the agreed notice period of 60 days. Prerequisites and reasons for such a change in performance or remuneration may be technical or legal requirements; in individual cases, economic requirements can also justify an adjustment. The change takes place in the manner and to the extent that the interests of both sides are as balanced as possible. If the customer does not want to continue the contract at the changed fees, it is entitled to an extraordinary written notice of termination with a 14-day notice period at the time of the change. The customer's rights are excluded from this.
6. Availablity of services
Services may not be available in certain locations. The services depend on the availability of qualified VALEO IT GmbH employees and facilities. Furthermore, the services may incur additional costs or they may be subject to additional provisions and payment of the applicable minimum fees. VALEO IT GmbH can exchange or change the services, provided that the services as a whole are not significantly impaired or changed.
7. Restrictions on use of services
The customer acknowledges that the services are intended exclusively for the customer's internal purposes and that the customer may not pass on, rent or resell the services either directly or indirectly to third parties, unless VALEO IT GmbH authorizes the customer in writing.
VII. Additional Provisions for Hosted Services (Online Services)
1. Offers and services
a) For operating the hosting order or a website, VALEO IT GmbH provides the customer with a virtual server or server ready for use.
b) The change of rates of higher or lower performance are possible at any time, and are applied without observing deadlines from the following billing period (the first of the next month).
c) The services of VALEO IT GmbH include free e-mail support that is limited to the maintenance of the account / server. VALEO IT GmbH support is available Monday to Friday from 8 a.m. to 5 p.m.
d) VALEO IT GmbH can at any time discontinue the free of charge services or the free of charge additional services with a period of 30 days. A notification by email is enough to notify this discontinuance of services. If necessary, VALEO IT GmbH has the right to offer such services, that were previously provided free of charge, only in the future and against a fee.
e) In order to provide services in the course of technical progress, VALEO IT GmbH is free to use newer or different technologies, systems, processes or standards than initially offered, provided that the customer does not suffer any disadvantages.
f) VALEO IT GmbH is authorized to commission third-party service providers and vicarious agents to provide parts or the entire range of services. VALEO IT GmbH is entitled to change at any time, and without separate notification, the Internet infrastructure used and service providers and vicarious agents commissioned with the implementation, provided that this does not result in any disadvantages for the customer.
g) The IP addresses required to operate the virtual server / dedicated server remain the property of VALEO IT GmbH and may be changed at any time.
a) Unless otherwise stated, a billing period for hosting, web hosting and domain services is a full calendar month. The domain entries ordered and paid for by VALEO IT GmbH generally have a term of one year.
b) Services may be subject to a restriction on the volume of data transmitted (traffic). In the event that the restrictions are exceeded, VALEO IT GmbH is entitled to request price adjustments.
3. Termination, contractual period
a) The contractual relationship commences between the customer and VALEO IT GmbH on the day the access code is activated and, if applicable, the day of the first requested domain names is created. This day represents the commencement of the contract, regardless of the date of payment. The end of the contract is always the last day of a calendar month.
b) The customer and VALEO IT GmbH can terminate the contractual relationship without giving any reasons with a notice period of 1 calendar month at the end of the month. If VALEO IT GmbH has agreed with customers not on monthly payments but payments per quarter or per year (in advance), then no minimum term is linked to this.
c) In case of termination for an important reason, VALEO IT GmbH is entitled to immediately deny access to the hosting servers and to block or, if necessary, delete the Internet addresses (domains) assigned to this contractual relationship. In this case, VALEO IT GmbH can also immediately block and, if necessary, delete stored content and e-mail messages without setting a grace period.
a) VALEO IT GmbH achieves a service availability of theoretically 100% on the internet gateway of the data center. However, VALEO IT GmbH does not guarantee the uninterrupted availability of data and can use time for technical work. VALEO IT GmbH assumes no liability for data loss caused by technical failures, interrupted data transfers or other problems in this context.
b) VALEO IT GmbH will previously and timely announce any scheduled maintenance work by e-mail using the customer's agreed contact e-mail address. This does not reduce the guaranteed availability of services.
c) The customer must report malfunction reports via the support ticket on the VALEO IT website: www.VALEO IT.de.
d) In case of technical problems that do not allow the continuation of this contract, VALEO IT GmbH is entitled to terminate parts of the contract or the entire contract without notice.
5. Limitation of Liability and Claims for Compensation
a) VALEO IT GmbH is not liable for the correct functioning of infrastructures or transmission paths of the Internet that are not the responsibility of VALEO IT GmbH or its vicarious agents.
b) VALEO IT GmbH assumes no liability for the correct reproduction of the applicant's website, unless VALEO IT GmbH is guilty of willful intent or gross negligence. VALEO IT GmbH is only liable for indirect damage and consequential damage as well as loss of profit in the event of intent or gross negligence up to a maximum amount of the order value of the last three months of the contract. The customer is aware that the Internet presence on the virtual server / server can only be accessed with browsers that comply with the current HTTP specifications; these include current browser versions.
c) VALEO IT GmbH assumes no liability for third parties products and services and no guarantee of their function and absence of errors.
6. Data security, online transmissions
a) The customer agrees that all data received by VALEO IT GmbH in the course of the business relationship be stored in an EDP system and automatically processed.
b) As far as data is transmitted to VALEO IT GmbH - in whatever form - the customer makes backup copies. In the unlikely event of a loss of data, the customer will transfer the relevant data to the VALEO IT GmbH server(s) free of charge.
c) The customer releases VALEO IT GmbH from all third parties claims with regard to the data provided.
d) Various customer-specific settings of VALEO IT GmbH are defined online. The transfer of such data takes place at the customer’s risk without guarantee from VALEO IT GmbH. The notifications are valid after receipt and will be used by VALEO IT GmbH until the receipt of new data via the Internet as binding for the performance of the service. Any delays that occur are due to technical reasons and do not represent a defect.
e) The customer is aware that all participants in the Internet transmission path generally have the possibility of gaining knowledge of data being transmitted without authorization. The customer accepts this risk.
f) VALEO IT GmbH does not guarantee that data or files stored on a virtual host / server will not be accessible to third parties.
7. Customer obligations
a) With the form, content and pursued purpose of an Internet presence, the customer must not violate the legal prohibitions or the morality specific to the Federal Republic of Germany as well as international law. The customer assures that the services provided by VALEO IT GmbH do not disseminate any discriminatory, racist, violent, erotic, pornographic or left-wing or right-wing radical content, nor does it refer to such content with a link. Otherwise VALEO IT GmbH is entitled to refuse to accept a website or to delete it. VALEO IT GmbH hereby assumes no obligation to test. The customer is liable in case of a violation of the customer's website against legal prohibitions.
b) The customer is responsible for its access code or content produced or published by third parties. There is no general monitoring or review of this content by VALEO IT GmbH.
c) VALEO IT GmbH does not check the customer's content to determine whether third-party claims are justified or unauthorized. Until a legal clarification at the credible request of every third party (see also the Dispute Policy of InterNic at http://www.internic.net) is customary on the Internet that data is blocked. The customer therefore agrees to block access to its content in the event that third-party claims are credibly raised.
d) The customer must ensure that the HTML forms, CGI, PHP and Java programs, that it may deliver, do not pose any security risks on the VALEO IT GmbH server, and that the computer capacities of VALEO IT GmbH are not overloaded or blocked by incorrect programming. All financial consequences of the failures, that can be attributed to this, must be reimbursed by the customer to VALEO IT GmbH.
a) The basis of the contract, insofar as domains are the subject of the contractual relationship, is the registration conditions of the individual competent registries, since the different top-level domains worldwide are subject to a multitude of different provisions; these provisions of the registrar responsible for the respective top-level domain (the responsible registry) therefore expressly form part of the contract for each individual contract for the registration of corresponding sub-level domains. Violations of these terms may result in sub-level domains not being registered, not transferred (transferred against the owner's will), or deleted. For example, according to the individual provisions, an unlimited number of sub-level domains can be registered / used, country-specific requirements (e.g. with regard to the owner of the domain) must be observed or a change of provider (KK application) is not possible or is possible under strict conditions only. Therefore, VALEO IT GmbH points out to the customer that only within the framework of the applicable regulations can be guaranteed that the registration of appropriate sub-level domains is arranged or carried out. In addition, an order for registration can be rejected if it gives the impression that it violates legal provisions, registration conditions of the responsible registrar or registry or the legitimate interests of VALEO IT GmbH.
b) Domain names are registered by VALEO IT GmbH or partners commissioned by VALEO IT GmbH with the respective NIC (Network Information Center, domain registrar of a top-level domain).
c) VALEO IT GmbH provides only non-binding information about the availability of a domain by telephone or internet. Between information and registration, DENIC or another body can award a contract to a third party without VALEO IT GmbH having any influence or gaining knowledge thereof.
d) VALEO IT GmbH looks after all domains throughout the duration of the contract concluded with the customer based on the applicable guidelines of the responsible awarding bodies, in particular the DENIC regulations (available at http://www.denic.de) and the Council of Registrars (http://www.corenic.net).
e) VALEO IT GmbH is bound by contract to the individual registries or registries to pass on their registration conditions to the customer. The provisions relevant to the registrar responsible for the respective top-level domain and the registrar responsible explicitly become part of the contract for the customer for each individual contract for the registration of corresponding sub-level domains. The following applies in detail:
As far as .de domains are part of the contractual relationship: in addition to these terms and conditions, the DENIC registration conditions, the DENIC registration guidelines and the DENIC direct price list apply. VALEO IT GmbH expressly points out that domain registration is a separate contract between the customer and DENIC eG, for which the DENIC direct price list only applies in exceptional cases for reasons of permanent securing of domain ownership if the respective Internet Service provider does not meet its payment obligations towards DENIC eG. The customer must read the DENIC registration conditions, registration guidelines and direct price list at http://www.denic.de
Should these guidelines change or should the general conditions for the registration and maintenance of domains change due to other reasons, VALEO IT GmbH and the customer are ready to adjust their contractual relationship accordingly.
The customer shall compensate VALEO IT GmbH for all damages and releases VALEO IT GmbH from all claims and other infringements that may result from the aforementioned regulations not being observed or the customer not fulfilling any cooperation obligations. This also applies to any claims that the customer makes against VALEO IT GmbH or the contracted partner for this reason.
g) To the extent that .com, .net, .org domains or other top level domains (eg .info, .biz, .name etc.) are part of the contract, the customer accepts the guidelines of ICANN as well as, if applicable, the guidelines and registration and award conditions of the organization authorized to award the respective domain, in particular in the event of disputes about the domain due to the violation of trademark, name and other property rights. It is advised of the Uniform Domain Name Dispute Resolution Policy (UDRP).
The same applies to the registration of other domains (e.g. .at, .ch, .it, .dk or .co.uk domains).
h) As far as domains are the subject of the contractual relationship, and DENIC e.G. (Central registrar for German Internet addresses) or other relevant registrars change their billing model or pricing for Internet addresses, VALEO IT GmbH is entitled to adjust the fees, without a separate notice period, to the customer as soon as the change takes effect. If such an adjustment is unreasonable, the customer has a special right to terminate the contract when the change takes effect.
i) VALEO IT GmbH carries out the registration or registration of domains in the name and on behalf of the customer. VALEO IT GmbH explicitly registers the domains according to the customer's specifications. VALEO IT GmbH will register the customer as admin-c, also as the user and owner. The customer knows the legal meaning of the admin-c entry.
j) The customer is aware that the name, address and telephone number of the respective authorized user at DENIC as well as in the RIPE and CORE database are stored permanently and in the so-called whois query on the Internet (eg via http: // www. denic.de or http://www.corenic.net) can be viewed by itself and third parties at any time.
k) Thhe customer assures to the best of its knowledge that no third-party rights are violated by registering or connecting a domain name. The customer acknowledges that it is solely responsible for choosing the domain names. In the event that third parties assert rights to the domain name, VALEO IT GmbH reserves the right to block the domain name in question until the legal dispute has been settled.
l) Should VALEO IT GmbH block for the reasons described, the customer is nevertheless liable to pay VALEO IT GmbH. The customer agrees to all measures that VALEO IT GmbH must take to comply with enforceable orders or enforceable decisions. The customer exonerates VALEO IT GmbH from any third party claims and all costs and adverse consequences.
m) In case of termination of the contractual relationship, VALEO IT GmbH is free to delete the domain names assigned to the contractual relationship, even if the customer has named a different authorized user. If the customer or the other authorized user wants to continue using a domain via another provider after the end of the contract, VALEO IT GmbH will immediately issue the necessary approval for this without a separate fee, provided that the contractual fees have been paid.
n) The individual services, that are currently being managed by another provider, there is the possibility to be part of the contractual relationship with VALEO IT GmbH in the future. The customer is aware that the successful re-registration requires approval from the provider who previously managed the domain. VALEO IT GmbH will therefore make repeated attempts to successfully carry out the re-registration. However, VALEO IT GmbH cannot guarantee the successful re-registration if the third party does not release it. If a fee has been agreed for the re-registration, the customer must pay VALEO IT GmbH even if this approval is not given. A successfully re-registered domain is otherwise treated in the relationship between VALEO IT GmbH and the customer like a newly registered domain in accordance with the regulations made herein.
o) When changing the maintainer of a domain, the customer agrees to cooperate as well as to register, change or delete a domain to the extent necessary and to make any necessary declarations.
p) If the customer orders other domain types (for example .at, .ch), the overall procedure is as described above, taking into account the applicable award guidelines.
q) VALEO IT GmbH is entitled to change IP addresses if necessary (e.g. due to technical necessity). A change in IP or URL addresses does not include a change in the contractual relationship and does not affect the rights and obligations arising from the contractual relationship.