General terms and conditions and customer information


I. General Terms and Conditions

§1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Ann-Christin Schmidt) via the Internet site www.streampanel.net. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.

§2 Conclusion of the contract

(1) We provide you with various Internet services, in particular web hosting, server hosting, stream server hosting and domains. The scope of services results from the service package booked by you and the service description provided on our website.

(2) By placing the respective service offer on our website, we submit to you a binding offer to conclude a contract under the conditions specified in the service description.

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes there at any time.

After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.

Finally you will be redirected back to our online shop to the order overview page.

Before sending the order you have the possibility to check all details again, to change them (also via the function "back" of the internet browser) or to cancel the purchase.

By sending the order via the button "order with costs" you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§3 Service provision for web hosting and server hosting, obligations

(1) Our service obligations result from the service description of the respective web hosting or server hosting offer.

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 1 - 2 days after the date of your payment instruction.

(2) As far as we grant you full and sole administration rights on the provided servers within the scope of server hosting, you are solely and exclusively responsible for the administration and security of your server.

You are obliged to install the necessary security software, to keep yourself constantly informed about any security vulnerabilities that become known and to close them independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.

(3) Insofar as we provide programs, you receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license terms.

(4) You are also obliged to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered.

In particular, you are prohibited from using the server to send SPAM mails and (d)DOS attacks or from operating open mail relays and other systems on the server through which SPAM mails and (d)DOS attacks can be spread.

In case of violations we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.

(5) Unless separately agreed, you have no right to the same IP address being assigned to the server for the entire term of the contract. We reserve the right to change this in case of technical or legal necessity and to assign you a new IP address in this context.

(6) We reserve the right to adapt the hardware and software used to provide the services to the respective state of the art and to inform you in good time of any additional requirements that this may impose on the content you store on our servers. We undertake to make such adjustments only within a reasonable scope for you and taking into account your interests.

(7) We provide our services with an availability of 99.99 % on a monthly average, unless a different availability is stated in the respective service offer. Downtimes due to regular or sporadic maintenance are included in this.

This does not apply to times when the server cannot be reached due to technical or other problems beyond our control (force majeure, fault of third parties, etc.).

§4 Domain management

(1) When procuring and/or maintaining domains, we will only act as an intermediary between you and the registries. In doing so, we owe the creation and transmission of a fully completed application for registration of the domains desired by you according to the specifications of the respective registry (e.g. Denic eG).

A guarantee for the transfer, the allocation or the permanent existence of domains in your favour cannot be assumed, the registration conditions of the registries apply in this context.

You guarantee that the domain applied for by you or already registered for you does not violate any rights of third parties. You are further obliged to notify us immediately of any loss of your domain.

(2) We are entitled to activate a domain only after payment of the agreed fees according to clause 5. of our customer information (part II). Likewise, we may refuse to release the domain after termination of the contract until you have fulfilled all payment obligations to us under the contract.

(3) If you do not give clear instructions for the transfer or deletion of the domain at the end of the contract, we can return the domain to the responsible registry or have it deleted after the end of the contract and the expiry of a reasonable period of time. The same applies if a release of the domain can be refused by us according to § 5 para. 2 of the GTC.

§5 Provision of services for other Internet services

Insofar as other Internet services are the subject of the contract, we owe the individual services resulting from the offer description.

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 1 - 2 days after the date of your payment instruction.

§6 Further Obligations on your part

(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly secret.

(2) You are obliged to design your domain and the contents accessible under it in such a way that an excessive load on our servers is avoided, e.g. by scripts that require a high computing power or use an above-average amount of RAM.
We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of such a measure without delay.

(3) You guarantee that your domains and the contents accessible under them do not violate legal regulations or morality and do not infringe the rights of third parties. This applies in particular to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling law, competition law, criminal law and data protection law.

We are not obligated to check your domains and the content accessible under them for possible legal violations. After detecting legal violations or inadmissible content, we are entitled to block the content and make the domain in question inaccessible. You will be informed of such measures immediately.

You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This also applies to the costs of our necessary legal defence including all court and lawyer's fees.

(4) You must create backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for the creation of backup copies. In the event of data loss, you will transfer the relevant data files to our servers again free of charge.

§7 Contract period, termination

(1) The contract concluded between you and us has the agreed term. If the contract is not terminated by you in text form (e.g. by e-mail, customer centre) before the end of the contract (without observing a period of notice), it will be tacitly extended by the agreed basic term in each case. If the basic term is more than one year, however, the contract will only be extended by one year at a time.

(2) The right to terminate the contract without notice for good cause remains unaffected.
In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations under § 4 (2) to (4) and § 7 of the GTC. You are obliged to pay damages in the event of extraordinary termination by us.

§8 Loyalty points

Depending on the product, we grant you so-called loyalty points, which you can convert into credit at any time. Unredeemed loyalty points expire automatically after 365 days. Loyalty points cannot be paid out. In certain circumstances, such as custom products, we do not usually offer loyalty points. We also reserve the right to discontinue or modify the program in whole or in part at any time.

§9 Right of retention

You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§10 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. customer information

1. identity of the supplier

Ann-Christin Schmidt
Hildesheimer Str. 265-267
30519 Hanover
Germany
Phone: 0511 / 711 09 999
E-mail: info@streampanel.net or support@streampanel.net

See also: Imprint / Contact information

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).

3. contract language, contract text storage

3.1 The contractual language is German.

3.2 The complete text of the contract will not be stored by us. Before sending the order via the online ordering system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of quotation requests outside the online ordering system, you will receive all contractual data in the form of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. essential characteristics of the service

The essential features of the service are to be found in the respective offer.

5. prices and payment modalities

5.1 The prices quoted in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2 The payment methods available to you are shown under a correspondingly designated button in the respective offer or in the shopping cart.

5.3 Unless otherwise stated in the respective offer or in the online ordering process, the payment claims arising from the concluded contract are due for payment immediately.

6. statutory liability for defects

The statutory rights of liability for defects shall apply.

7 Term of contract, termination

Information on the term of the contract as well as the conditions of termination can be found in the regulation "Contract Term, Termination" in our General Terms and Conditions (Part I), as well as in the respective offer.

These terms and conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/agb-service.

last update: 03.06.2020