Terms and Conditions
General Terms and Conditions of Ypsilon.Net AG, hereinafter referred to as Ypsilon.Net:
§ 1 Validity of the terms and conditions
Ypsilon.Net AG provides its services exclusively on the basis of these terms and conditions. These terms and conditions also apply to all future business relationships without being expressly agreed again. They shall be deemed to have been accepted at the latest upon the first access to one of Ypsilon.Net AG's access points or upon the first use of Ypsilon.Net AG's services. Counter-confirmations by the customer with reference to his terms and conditions are hereby expressly rejected.
Ypsilon.Net AG is entitled at any time to amend or supplement its terms and conditions, including all appendices such as conditions of use and service descriptions, with a reasonable period of notice.
Ypsilon.Net AG undertakes to notify the customer of any changes in writing. If the customer does not object to the amended terms and conditions in writing within two weeks of receipt of the notification of amendment, they shall become effective in accordance with the announcement. If the customer effectively objects, Ypsilon.Net AG is entitled to terminate the contract on the date on which the amended conditions are to come into force.
§ 2 Formation of the contract
The contract for the use of provider services is concluded with the countersignature of a customer application or by means of a separate contract. The conclusion of the contract can be made dependent on an advance payment or bank guarantee.
Our offer and the contract prices are based on the line costs and fees known to us at the time. Should these increase, we are entitled to pass these increases on to the customer immediately. Written information to the customer is sufficient for this. The customer has the right to terminate the contract immediately if he does not accept the increase within 14 days.
Ypsilon.Net AG may charge a processing fee for any changes to the range of services requested by the customer and for setting up a user account.
§ 3 Participants
Ypsilon.Net AG may use third parties to provide the services offered, but these are not or will not become contractual partners of the Customer. Furthermore, there is no contractual relationship between the customers of Ypsilon.Net AG based on the joint use of the services. The customer is the contractual partner with whom Ypsilon.Net AG has concluded this contract. The use of the agreed services by other persons requires the express permission of Ypsilon.Net AG. There is no entitlement to the granting of permission. The customer is liable to Ypsilon.Net AG for all costs arising from the use of the services provided by Ypsilon.Net AG. In particular, this also includes costs arising from the misuse of the services of Ypsilon.Net AG by the customer's employees or by third parties who have obtained the services of Ypsilon.Net AG via the customer.
§ 4 Scope of services
Ypsilon.Net AG provides the services described in the contract.
Ypsilon.Net AG is entitled to extend, change and improve the agreed services, as well as to reduce the services. In the event of a reduction in services, the customer is entitled to reduce fees and charges in accordance with §7.
Free services and performances may be discontinued at any time without prior notice, without this giving rise to a right of reduction on the part of the customer.
§ 5 Duties and obligations of the customer
- In addition to the proper use of the agreed services, the customer is in particular obliged to inform Ypsilon.Net AG immediately if the conditions for tariff reductions no longer apply;
- to enable Ypsilon.Net AG to install technical equipment and to make the necessary and suitable rooms available in good time at its own expense;
- not to misuse the possibility of accessing provider services and to refrain from illegal activities; - to ensure that the misuse of provider services by third parties is prevented;
- to inform Ypsilon.Net AG of the technical equipment used to participate in the Provider Services;
- to ensure compliance with legal regulations and official requirements and to ensure that official authorizations are granted, insofar as these are required for the use of the Provider Services now or in the future;
- to comply with the recognized principles of data security, in particular to keep passwords secret and to change them or have them changed immediately if there is a suspicion that unauthorized third parties have gained knowledge of them;
- to notify Ypsilon.Net AG immediately of any malfunctions and to take all reasonable measures to enable defects or damage and their causes to be identified or to facilitate or accelerate the elimination of the malfunction;
- after submitting the fault report, to reimburse Ypsilon.Net AG for the expenses incurred by the inspection of its facilities, insofar as it emerges after the inspection that the fault was the responsibility of the customer, e.g. damage caused by virus infiltration or improper handling of ftp access.
The customer is responsible for data, information and programs distributed by him via the services of Ypsilon.Net AG as well as for data, information and programs stored by him on computers of Ypsilon.Net AG, in particular for the content of websites. In the event of a breach of this paragraph by the customer, Ypsilon.Net AG is entitled to terminate the contract without notice.
§ 6 Terms of payment
The fees to be paid by the customer for the services provided by Ypsilon.Net AG are set out in the current price list or the underlying contract.
Line and communication costs (fees charged by Telekom or other providers) between the customer and Ypsilon.Net AG shall be borne by the customer.
Ypsilon.Net AG is entitled to adjust the prices in line with general price developments or changing provision costs for communication facilities.
Unless otherwise agreed in writing, the basic fee for provision is payable monthly in advance without deduction. It shall be paid pro rata for the remainder of the month from the day of operational provision and is due upon receipt of the invoice. If the price is to be calculated for parts of a calendar month, it shall be calculated at 1/30 of the monthly price for each day.
Consumption and usage-dependent fees are payable without deduction after the service has been provided and are due upon receipt of the invoice.
Unless otherwise agreed, invoices from Ypsilon.Net AG for software and hardware are due immediately after delivery without deduction.
If the customer does not participate in the direct debit procedure
- the invoice amount must be credited to the account of Ypsilon.Net AG at the latest on the tenth day after receipt of the invoice.
- Ypsilon.Net AG is entitled to charge a monthly processing fee of EUR 20.
Payment orders, checks or bills of exchange will only be accepted by special agreement. If the customer claims that fees charged were not caused by him or authorized third parties, he must prove this. Failure to comply with payment terms shall result in all claims of Ypsilon.Net AG becoming due immediately. After setting a grace period, Ypsilon.Net AG may withdraw from the contract or demand compensation for non-performance. The same applies in the event of checks or bills of exchange not being honored, suspension of payments, bankruptcy or a request for composition by the customer.
§ 7 Right of set-off and retention, delay in performance, reimbursement
The customer may only offset claims of Ypsilon.Net AG against undisputed or legally established claims. The customer is only entitled to assert a right of retention due to counterclaims arising from this contractual relationship.
Ypsilon.Net AG is not responsible for delays in delivery and performance due to force majeure and other events which make performance significantly more difficult or impossible for Ypsilon.Net AG, in particular strikes, lockouts and official orders. This also applies in the event that such events occur at third parties (persons working for Ypsilon.Net AG) and thereby make the performance of Ypsilon.Net AG significantly more difficult or impossible. Ypsilon.Net AG is also not responsible for delays in delivery and performance caused by the failure of communication networks and gateways of other operators, unless these are due to intent or gross negligence. Sentences 1 and 2 also apply to bindingly agreed deadlines and dates. Ypsilon.Net AG is not responsible for delays in delivery and performance in the case of substitutes used by Ypsilon.Net AG. In the aforementioned cases, Ypsilon.Net AG is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time.
In the event of a significant hindrance lasting longer than 4 weeks, the customer is entitled to reduce the monthly fees and charges attributable to a pre-order of volume-dependent services accordingly from the time the hindrance occurs until the next termination date.
A significant impediment exists if:
- no access to the provider infrastructure is possible,
- the use of individual services listed in the order confirmation becomes impossible,
- or comparable impairments exist.
If the disruption is outside the area of responsibility of Ypsilon.Net AG, no reimbursement of fees will be made. Otherwise, downtimes shall only be reimbursed if Ypsilon.Net AG or one of its vicarious agents or assistants is responsible for the fault or has at least caused it through gross negligence and the downtime period extends over more than 14 working days. Unless other provisions exclude liability, the amount of liability for damages is limited to one month's fee.
§ 8 Default of payment
Ypsilon.Net AG is entitled to block the connection immediately if the customer defaults on payment. In this case, the customer remains obliged to pay the monthly fees.
If the customer is in arrears with payment of the charges for two consecutive months, or in a period of more than two months with payment of the charges in an amount equal to the monthly basic price for two months, Ypsilon.Net AG is entitled to terminate the contractual relationship without notice.
Ypsilon.Net AG reserves the right to assert further claims for late payment.
If the customer is in default of payment, Ypsilon.Net AG is entitled to charge interest of 3% above the discount rate of the Bundesbank.
If a customer is in default of payment, Ypsilon.Net AG may prevent the domain from being passed on to another provider until the arrears plus any reminder and legal costs and interest have been paid in full (lien).
§ 9 Periods of notice and term of the contracts
Unless otherwise specified, the term of the contracts is 12 months in each case and is automatically extended by 12 months in each case if the user does not terminate the contract at least 3 months before the end of the term.
Cancellations must always be made in writing and signed. Cancellations by email are not valid.
§ 10 Fault clearance
Faults in the technical facilities of Ypsilon.Net AG will be rectified within the existing technical and operational possibilities during office hours (weekdays from 9.00 - 17.00).
Outside the times specified in paragraph 1, faults will be rectified for a separate charge by agreement.
§ 11 Retention of title
Ypsilon.Net AG retains ownership of delivered software or hardware until all claims against the customer arising from the business relationship, including future claims arising from contracts concluded at the same time or later, have been settled.
The assertion of rights of retention of title shall not be regarded as a withdrawal from the contract. Rather, Ypsilon.Net AG retains its rights under the contract, in particular to compensation for damages and loss of profit, in addition to the right to the return of its property.
§ 12 Liability
It is not guaranteed that all services will be available without interruption or error-free. Furthermore, it is not guaranteed that certain results can be achieved through the use of the services.
Any defects in the software supplied must be reported immediately in writing. The liability of Ypsilon.Net AG is limited to replacement.
Ypsilon.Net AG is not liable for transmitted information and data, neither for its completeness, accuracy or up-to-dateness, nor that it is free of third-party rights or that the sender is acting unlawfully by transmitting the information.
Ypsilon.Net AG is not liable for damages, losses or loss of profit resulting from the use of the services provided or the impossibility or difficulty of using the services provided.
Claims for damages arising from impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded both vis-à-vis Ypsilon.Net AG and in relation to its vicarious agents, except in cases of willful misconduct or gross negligence.
Insofar as the liability of Ypsilon.Net AG is not excluded in accordance with these terms and conditions, it is excluded in the case of damage caused by the use of provider services:
through the use of provider services,
through the transmission and storage of data,
the use of transmitted programs and data,
by the failure of Ypsilon.Net AG to check stored or transmitted data, or because the required storage or transmission of data by Ypsilon.Net AG has not taken place, is limited to the amount of one monthly fee, unless there is intent or gross negligence.
The customer is liable for all consequences and disadvantages incurred by Ypsilon.Net AG or third parties as a result of the improper or illegal use of the provider services or as a result of the customer not fulfilling the obligations specified under §5.
§ 13 Data protection and confidentiality
Unless expressly agreed otherwise in writing, the information provided and communicated by Ypsilon.Net AG is deemed to be confidential.
Insofar as we obtain the consent of the data subject for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis. When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is necessary to fulfill a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis. If the processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
§ 14 Data
The customer shall indemnify Ypsilon.Net AG against all claims of third parties with regard to the data provided. Insofar as the customer transmits or transfers data to us, regardless of the form, the customer shall make backup copies. In the event of data loss, the customer is obliged to deliver the relevant data records to Ypsilon.Net AG again free of charge. Ypsilon.Net is not liable for the content of the distributed index tests. The client/customer is responsible for the content and presentation of the pages. This also applies to statements relating to competition law.
If Ypsilon.Net AG is commissioned with the design of the pages, the layouts shall in any case be submitted to the client/customer for approval. By granting approval, the customer/client guarantees not to publish any content that violates laws or regulations. The customer/client shall indemnify us against any liability and third-party claims.
Final provisions
If the customer is a registered trader, the place of performance and sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of Ypsilon.Net AG.
The contractual relationship between the parties shall be governed exclusively by German law.
The legal successors of the provider customers are also bound by the obligations arising from contracts concluded on the basis of these terms and conditions.
The contract shall remain effective in its remaining parts even if individual provisions and conditions are legally invalid. This shall not apply if, in this case, adherence to the contract would represent an unreasonable hardship for one of the contracting parties. If a provision is invalid, the contracting parties shall agree on a new provision that comes as close as possible to the intended provision and is legally valid.
There are no verbal collateral agreements. Amendments and additions to the contract must be made in writing or confirmed in writing by the provider.
Claims arising from contractual relationships with Ypsilon.Net AG, regardless of their legal origin, expire within one year of their creation.