This is an automatic translation and only available for informational purposes. The only valid version is the German language original AGB document.

1. General

1.1 The offer is only aimed at commercial customers.

1.2. The contractor (AN) provides services for the client (AG) exclusively on the basis of these general terms and conditions. These also apply to future contracts between the parties, even if they are not expressly agreed again.

1.3. These General Terms and Conditions (AB) apply to all current and future contracts that the AN provides to the AG, even if no express reference is made to the AB in individual cases when the contract is concluded. The AG’s terms and conditions only apply if they have been accepted in writing by the AN. Our general terms and conditions also apply if we provide our services without reservation in the knowledge of conflicting or deviating conditions of the customer.

2. Scope of Services

2.1. The precise scope of the Contractor’s services is specified in the respective product or service description. Unless otherwise agreed, the Contractor shall provide the services during the Contractor’s usual business hours. The Contractor will accordingly ensure the provision and availability of the services. Other commitments, performance promises or ancillary agreements are only effective if they are confirmed in writing by the contractor.

2.2. The basis of the facilities and technology used by AN for the provision of services is the qualitative and quantitative performance requirements of the AG, as determined by the AG. If new requirements of the client make it necessary to change the services or the technology used, the contractor will submit a corresponding offer at the request of the client.

2.3. The Contractor is entitled to change the facilities used to provide the services at its own discretion if no impairment of the services is to be expected.

2.4 The Contractor is entitled to expand its services, adapt them to technical progress and/or make improvements. This applies in particular if the adjustment appears necessary to prevent misuse or if the Contractor is obliged to adjust the service due to statutory provisions.

2.5. Services provided by the Contractor that are used by the Client in excess of the agreed scope of services will be remunerated by the Client based on the actual personnel and material costs at the rates applicable at the Contractor. This includes, in particular, services outside the usual business hours at the AN, the analysis and elimination of faults and errors that have arisen through improper handling or operation by the AG or other circumstances for which the AN is not responsible. Likewise, training services are generally not included in the services and require a separate agreement.

2.6. If the AN arranges third-party services at the request of the AG, these contracts are concluded exclusively between the AG and the third party under the respective terms and conditions of the third party. The Contractor is only responsible for the services he has provided himself.

2.7. We expressly point out that a barrier-free design within the meaning of the Federal Act on Equal Opportunities for People with Disabilities (Federal Disability Equality Act – BGStG)” is not included in the offer unless this was requested separately/individually by the client. If the barrier-free design has not been agreed, the client is responsible for checking the service for its admissibility with regard to the Federal Disability Equality Act.

2.8 If the Contractor provides additional services without additional payment, the Client has no claim to their provision. The Contractor is entitled to discontinue or change such services that were previously provided free of charge within a reasonable period of time or to only offer them for a fee. In such a case, the AN will inform the AG in good time.

2.9 The Contractor is only obliged to provide technical support (support) to the Client within the scope of what has been contractually agreed. In addition, the AN does not grant the AG any free support services. The Contractor does not provide any direct support for the Client’s customers unless otherwise agreed in writing.

2.10 If fixed IP addresses are made available to the AG, the AN reserves the right to change the IP address(es) assigned to the AG if this should become necessary for technical or legal reasons. Unless expressly guaranteed in writing, the client has no claim to a specific server. The AG is aware that it may be necessary to migrate it to another server without requiring its consent. The AN will inform the AG about changes according to this section 2.10.

3. Cooperation and provision obligations of the customer

3.1. The AG undertakes to support all measures that are necessary for the performance of the services by the contractor are required. The AG also undertakes to take all measures that are necessary to fulfill the contract and that are not included in the scope of services of the AN.

3.2. If the services are provided on-site at the client’s premises, the client shall provide the network components, connections, supply current including peak voltage compensation, emergency power supplies, storage space for systems, workplaces and infrastructure required for the provision of the services by the contractor in the required scope and quality (e.g. air conditioning) free of charge to disposal. In any case, the client is responsible for compliance with the requirements for operating the hardware required by the respective manufacturer. Likewise, the Client is responsible for room and building security, including protection against water, fire and access by unauthorized persons. The customer is responsible for special security precautions (e.g. security cells) in his premises. The AG is not entitled to issue instructions of any kind to the employees of the AN and will only address all requests regarding the provision of services to the contact person named by the AN.

3.3. On the agreed dates and at its own expense, the AG shall provide all information, data and documents required by the AN to carry out the order in the form required by the AN and, if requested, support the AN in problem analysis and troubleshooting, the coordination of processing orders and the reconciliation of services. Changes in the work processes at the AG, which can cause changes in the services to be provided by the AN for the AG, require prior agreement with the AN with regard to their technical and commercial effects.

3.4. Insofar as this is not expressly included in the Contractor’s scope of services, the Customer shall provide a network connection at its own risk and expense.

3.5. The client is obliged to treat the passwords and log-ins required by the contractor to use the services confidentially.

3.6. The AG will also store the data and information handed over to the AN so that they can be reconstructed at any time in the event of loss or damage.

3.7. The client will fulfill all of its obligations to cooperate in a timely manner so that the contractor is not prevented from providing the services. The AG ensures that the AN and/or the third parties commissioned by the AN have the necessary access to the premises at the AG for the provision of the services.
The AG is responsible for ensuring that the employees of its affiliated companies involved in the fulfillment of the contract or third parties commissioned by it cooperate accordingly in the fulfillment of the contract.

3.8. If the AG does not fulfill its obligations to cooperate by the agreed deadlines or to the intended extent, the services provided by the AN shall still be deemed to have been provided in accordance with the contract, despite possible restrictions.
Schedules for the services to be provided by AN are postponed to a reasonable extent. The AG will separately reimburse the AN for the additional expenses and/or costs incurred as a result at the rates applicable at the time of the AN.

3.9. The AG ensures that its employees and the third parties attributable to it treat the equipment and technologies used by the AN and any assets made available to it with care; the AG is liable to the AN for any damage.

3.10 The client will create/have created daily backup copies of all data that he transmits to the server of the contractor or that arrives on the server as part of services, which may not be stored on the server itself, in order to ensure a quick and cost-effective recovery of the data in the event of a system failure. In the event of data loss, the client will upload the relevant data stocks again free of charge to the server of the contractor and restore configurations.

3.11. Unless otherwise agreed, supplies and cooperation by the client are free of charge.

4. staff

4.1. If, according to the agreements made between the contractual partners, employees of the AG are taken on by the AN, a separate written agreement must be made about this.

5. Change Requests

5.1. In the case of software development, the client can request changes to the scope of services at any time (“change request”). However, a desired change must provide an accurate description of the same, the reasons for the change, the impact on scheduling and the costs in order to give the addressee of the change request an opportunity for a reasonable evaluation of the additional remuneration. A change request only becomes binding when both contractual partners have signed it with legal effect.

6. Performance Disruptions

6.1. The Contractor undertakes to provide the goods in accordance with the contract of the services. If the Contractor does not provide the services at the scheduled time or only inadequately, i.e. with significant deviations from the agreed quality standards, the Contractor is obliged to start remedying the defects immediately and to provide his services properly and free of defects within a reasonable period of time by following his Wahl repeats the affected services or carries out necessary rectification work.

6.2. If the defectiveness is based on provisions or cooperation by the AG or on a breach of the obligations of the AG according to points 3.x under 3.1 and following, any free obligation to remedy the defect is excluded. In these cases, the services provided by the contractor are still deemed to have been provided in accordance with the contract, despite possible restrictions. At the request of the client, the contractor will remedy the defect for a fee.

6.3. The AG will support the AN in eliminating the defects and provide all the necessary information. Any defects that have occurred must be reported to the Contractor immediately in writing or by e-mail. The Client shall bear the additional work involved in eliminating the error caused by a late notification.

6.4. The provisions of this point apply analogously to any deliveries of hardware or software products from the contractor to the client. The warranty period for such deliveries is 6 months from handover. § 924 ABGB “Assumption of defectiveness” is mutually excluded. For any third-party hardware or software products made available to the AG by the AN, the respective warranty conditions of the manufacturer of these products shall take precedence over the provisions of this point. The Contractor retains title to all hardware and software products supplied by him until full payment has been made.

7. Penalty

7.1. In the case of SLA contracts, the Contractor is obliged to comply with the degrees of fulfillment or recovery times specified in the SLA according to priorities. If the Contractor exceeds the time limits specified in the SLA for the recovery, the Contractor must pay penalties for each hour of exceeding until the actual recovery (fulfillment) to the AG according to the SLA:
The above-mentioned penalties per year are limited to 20% of the total annual fee. The assertion of a further claim for damages, unless in the case of intent or gross negligence, is excluded.
Should overruns result in penalties, the Contractor must be informed immediately in writing.

8. Liability

8.1. The Contractor shall only be liable to the Client for damage for which it can be proven that it is at fault in the event of gross negligence. This also applies mutatis mutandis to damage that can be traced back to third parties called in by the client. In the event of culpable personal injury, the Contractor is liable without limitation.

8.2. Liability for indirect damage – such as lost profits, costs associated with business interruption, loss of data or claims by third parties – is expressly excluded.

8.3. Claims for damages become statute-barred in accordance with the statutory provisions, but no later than one year after knowledge of the damage and the person causing the damage.

8.4. If the AN performs the work with the help of third parties and warranty and/or liability claims arise against these third parties in this context, the AN assigns these claims to the AG.

8.5. If data backup is expressly agreed as a service and signed by AG and AN, liability for the loss of data is not excluded, deviating from point 8.2, but is limited to a maximum of EUR 10% of the order amount per case of damage, but no more than EUR 15,000.-. Warranty and damage claims of the AG that go beyond those mentioned in this contract – regardless of the legal basis – are excluded.

8.6. Exclusion of warranty when using open source software – There is no warranty for the program to the extent permitted by law. Unless otherwise agreed in writing, the copyright holders and/or third parties make the program available “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for use a specific purpose. The full risk regarding the quality and performance of the program lies with the customer. If the program turns out to be defective, the costs for the necessary service, repair or correction are borne by the AG.

8.7. Limitation of Liability When Using Open Source Software – In no event, except as required by applicable law or warranted in writing, shall any copyright owner or any third party who modified or transmitted the program as permitted above, be liable to the AG for any damages, including any general, special, side effect (side effect) or consequential damages resulting from the use of the program or the inability to use the program (including, but not limited to, loss of data, incorrect processing of data, losses that borne by Client or others, or the Program’s inability to work with any other Program), even if a copyright owner or third party has been advised of the possibility of such damages.

8.8. Interpretation of Sections 8.6 and 8.7 – If the above disclaimer of warranties and limitation of liability by virtue of their terms are held to be unenforceable under local law, review courts shall apply the local law that comes closest to an absolute waiver of any civil liability in connection with the Program, unless because the program was accompanied by a paid guarantee or assumption of liability.

9. Compensation

9.1. The remuneration and conditions to be paid by the client result from the contract. Statutory sales tax will be charged additionally.

9.2. Travel times of employees of the Contractor count as working time. Travel times are remunerated at the agreed hourly rate. The rates mentioned change according to the price escalation clause in point 9.5. In addition, the travel costs and any accommodation costs (4*) will be reimbursed by the AG according to the actual expenditure. Travel and incidental expenses will be reimbursed upon presentation of receipts (copies).

9.3. The contractor is entitled at any time to make the provision of services dependent on the payment of down payments or the provision of other securities by the customer in an appropriate amount.

9.4. Unless otherwise contractually agreed, one-off payments after the service has been rendered, ongoing payments are charged monthly in advance. The invoices submitted by the Contractor, including sales tax, are payable no later than 7 days after receipt of the invoice without any deductions and free of charges. The terms of payment specified for the entire order apply analogously to partial invoices. A payment is deemed to have been made on the day on which the Contractor can dispose of it. If the client is in default with his payments, the contractor is entitled to charge the statutory default interest and all costs necessary for collection. If the client’s delay exceeds 10 days, the contractor is entitled to discontinue all services. The Contractor is also entitled to make the payment for all services already rendered due immediately, regardless of any payment deadlines.

9.5. Current remuneration is based on the collective agreement salary of an employee of companies in the area of ​​services in automatic data processing and information technology in the experience level for special activities (ST2).

9.6. The AG is only permitted to offset with a counterclaim recognized by the AN or one that has been legally established. The client is not entitled to a right of retention.

9.7. All duties and taxes resulting from the contractual relationship, such as taxes, value added tax, legal transaction fees or withholding taxes, are borne by the AG. Should the contractor be held liable for such charges, the client will indemnify and hold the contractor harmless.

9.8 Unless otherwise agreed, payments by the client are made by SEPA direct debit. Unless otherwise agreed, the AG gives the AN a mandate for the SEPA core direct debit procedure to collect all fees incurred as part of the contractual relationship. The mandate also applies to new bank details communicated by the client. The Contractor notifies the Client of the corresponding direct debit in good time in advance (so-called pre-notification). This announcement is made at least one working day before the debit is made by e-mail to the debtor. The client must ensure that his account has sufficient funds in the agreed debiting period. The AG is obliged to compensate the AN for any damage caused by any refusal to pay by the account-keeping institution.
(4) When paying via Paypal, the corresponding general terms and conditions of Paypal apply in addition to these. The AG authorizes the AN to collect the respective invoice amount from his PayPal account.

9.9 When paying via PayPal, the corresponding terms and conditions of PayPal apply in addition to these. The AG authorizes the AN to collect the respective invoice amount from his PayPal account.

9.10 In the event of default in payment, the Contractor is entitled to demand interest of 10% annually. On the other hand, the AG is permitted to prove that no or a significantly lower interest loss has arisen

10. Force Majeure

10.1. Insofar as and as long as obligations resulting from force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, sovereign interventions, failure of the power supply, failure of means of transport, failure of telecommunications networks or data lines, changes in the law affecting the services after the conclusion of the contract or other unavailability of products cannot be fulfilled in a timely manner or properly, this does not constitute a breach of contract.

11. Rights to Use Software Products and Documentation

11.1. Insofar as the AG is provided with software products by the AN or the AG is enabled to use software products as part of the services, the AG has the non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in unmodified form . In the case of web-based use, there is no right to the transmission of the software or the source code to the client. The unchanged form only refers to use via the browser.

11.2. When using software products in a network, a license is required for each concurrent user. When using software products on “stand-alone PCs”, a license is required for each PC.

11.3. For third-party software products made available to the AG by the AN, the respective license provisions of the manufacturer of these software products shall take precedence over the provisions of this point.

11.4. Unless a separate agreement is made, no further rights to software products are transferred to the client.

11.5. All documents provided to the AG by the AN, in particular the documentation for software products, may not be reproduced or distributed in any way, whether for a fee or free of charge.

12. Term of Contract

12.1. The contract comes into force when signed by both contracting parties and runs for an indefinite period. The contract can be terminated by either party by registered letter, subject to a notice period of 12 months, but no earlier than the end of the minimum term agreed in the contract.

12.2. Each contractual partner is entitled to terminate the contract prematurely and without notice for an important reason by registered letter. An important reason exists in particular if the other contracting party violates essential obligations under the contract despite a written warning and threat of termination or bankruptcy or other insolvency proceedings are filed against the other contracting party, opened or rejected due to lack of assets or the services of the other contracting party are hampered or prevented for a period of more than six months as a result of force majeure.

12.3. The contractor is also entitled to prematurely terminate the contract for important reasons if essential parameters of the service provision have changed and the contractor can no longer be expected to continue the services from an economic point of view for this reason.

12.4. Upon termination of the contract, the AG must immediately return to the AN all papers and documentation provided to him by the AN.

12.5. Upon request, the AN will support the AG at the end of the contract at the hourly rates applicable at the AN in returning the services to the AG or a third party named by the AG.

12.6 If a contract is concluded online, the signatures are waived and the order is placed when the order is sent via the online ordering option. A reduced notice period of 1 month applies to online orders for hosting, provider services and online services, if specified for the product.

13. Privacy / Confidentiality

13.1. When handling personal data, the Contractor will observe the provisions of the Data Protection Act, the GDPR and the Telecommunications Act and take the technical and organizational measures required for data protection in the Contractor’s area of ​​responsibility.

The contractor undertakes, in particular his employees, to comply with the provisions of Section 6 of the Data Protection Act.

13.2. The data protection declaration iSd Art 13 and 14 DSGVO and the contract processor agreement iSd Art 28 Para 3 DSGVO are attached to the order.

13.3. For online orders, the data protection declaration of the respective website on which the order is made takes precedence. Item 13.2. thereby omitted.

14. Confidentiality

14.1. Each contracting party assures the other that it will treat all trade secrets brought to its knowledge by the other party in connection with this contract and its implementation as such and will not make them accessible to third parties unless they are generally known, or to the recipient beforehand without any obligation of confidentiality were known, or were communicated or made available to the recipient by a third party without an obligation of confidentiality, or were demonstrably independently developed by the recipient, or due to are to be disclosed in a legally binding official or judicial decision.

14.2. The subcontractors associated with the contractor are not considered third parties insofar as they are subject to a confidentiality obligation corresponding to this point.

15. Miscellaneous

15.1. In the contract, the contractual partners name knowledgeable and competent employees who can make or initiate the necessary decisions.

15.2. During the term of the contract and up to one year after the end of the contract, the client will not poach employees employed by the contractor to provide the services either itself or through third parties. For each case of infringement, the AG undertakes to pay the AN a contractual penalty in the amount of twelve times the gross monthly salary that the employee concerned last received from the AN, but at least the collective agreement salary of an employee of companies in the field of services in automatic data processing and information technology in the experience level for special activities (ST2).

15.3. Changes and additions to the contract must be in writing. This also applies to the cancellation of this formal requirement.

15.4. Should one or more provisions of the contract be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision is to be replaced by a corresponding valid regulation that comes closest to the economic purpose of the invalid or unenforceable clause.

15.5. Any disposal of the rights or obligations arising from the contract requires the prior written consent of the other contractual partner. However, the contractor is entitled to transfer the contract to a company affiliated with the contractor under group law without the consent of the client.

15.6. Unless otherwise agreed, the legal provisions applicable between entrepreneurs apply exclusively under Austrian law, even if the order is carried out abroad. In the event of any disputes, the local jurisdiction of the competent court for the place of business of the Contractor shall apply exclusively as agreed.

The place of jurisdiction is Salzburg, Austria.

16. Additional Terms for Web Spaces, Hosting Products, Dedicated and Virtual Servers

16.1. The client expressly assures that the provision and publication of the content of the websites or data posted by him does not violate Austrian, German or any other relevant national law, in particular copyright, trademark, name, data protection and competition law. The Contractor reserves the right to temporarily block content that he considers questionable in this regard. The same applies if the contractor is asked by a third party to change or delete content on hosted websites because they allegedly violate third-party rights.

16.2. In the event that the AG provides evidence that there is no risk of infringement of the rights of third parties or any other violation of the law, the AN will make the affected websites available to third parties again. The AG hereby releases the AN from third-party claims for compensation based on inadmissible content on the AG’s website.

16.3. The client is prohibited from providing the following services:
• Internet Relay Chat (IRC) services
• Anonymization Services
• P2P file sharing sites

16.4. The client is solely responsible for the content of web space and for the security of servers. It is his responsibility to install security software, to regularly inform himself about security gaps that become known and to close known security gaps. If the contractor makes security or maintenance programs available, this does not release the client from his obligation.

16.5. The AG is obliged to set up and manage its servers, workstations and other end devices in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties or the AN are not endangered.

16.6. If an AG endangers the security, integrity or availability of networks, other servers, as well as software and data of third parties or the AN by means of its server workstation or other end devices, or if the AG suspects such a thing due to objective circumstances, the AN is entitled to use the server or web space to be temporarily blocked. This also applies in particular to so-called denial of service attacks (DoS attacks), which the AG carries out via its server, and also in the event that the AG is not responsible for the harmful action or the condition, e.g. if the server of the AG is manipulated and used by third parties. An intentional action by the client entitles the contractor to terminate the contractual relationship without notice without prior warning.

16.7. If spam mails are sent via the server (see section Special conditions for e-mail services), the contractor can also block the server temporarily.

16.8. Unless otherwise agreed, the Contractor is not obliged to back up the Client’s data. If the AG commissions the AN with the data backup, the AG must check the data backed up by the AN for completeness and suitability for data reconstruction promptly and at regular intervals. The AG must inform the AN immediately of any irregularities.

16.9. The Contractor is entitled to audit or regularly check the compliance of the Client’s servers with the contractual agreements and provisions, in particular license provisions. As part of this, the Contractor is particularly entitled to check whether the Client has obtained a sufficient number of software licenses. The AG is obliged to participate in the review. This includes providing the Contractor with the necessary information and data within a reasonable framework and period of time, as well as the (permanent) installation or toleration of the installation of corresponding programs for this purpose on the Client’s servers.

16.10 The AG undertakes to refrain from using technologies when designing its Internet presence that cause excessive use of the AN’s facilities. The Contractor can exclude internet presences with these technologies from access by third parties until the Client has eliminated/deactivated the technologies. This does not apply to servers that are available to the client for sole use (dedicated hardware).

16.11 The AG also undertakes not to use the resources made available by the AN for actions that violate legal prohibitions, morality and the rights of third parties. This includes in particular the following actions:

(a) unauthorized intrusion into third-party computer systems (e.g. hacking);(b) obstruction of third-party computer systems by sending/forwarding data streams and/or emails (e.g. DoS/DDoS attacks/spam/mail bombing);(c ) Search for open access to computer systems (e.g. port scanning); (d) sending e-mails to third parties for advertising purposes, unless the recipient has given his or her express consent or other permission has been granted; (e) falsifying IP addresses, mail and news headers and the distribution of malware.

If the client violates one or more of the obligations mentioned, the contractor is entitled to immediately discontinue all services. Claims for damages are expressly reserved.

16.12 If the conditions of section 16, areas of the previous points, agree otherwise, the conditions of section 16 shall take precedence for products under section 16 and replace them.

17. Governing Law, Jurisdiction

17.1. The law of the Republic of Austria applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.2. If the client is a merchant, a legal entity under public law or a special fund under public law, Salzburg is the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship. The contractor is also entitled to sue the customer at his general place of jurisdiction.

17.3. The Contractor does not take part in a dispute settlement procedure before a consumer arbitration board.

18. Miscellaneous

18.1. All information and declarations by the AN can be sent to the AG electronically, in particular via the Element Messenger, the ticket system or by e-mail to the e-mail address provided by the AG.

18.2. If a provision of the contract is or becomes invalid or if the contract contains a gap that needs to be filled, this does not affect the validity of the remaining provisions. The parties undertake to replace the ineffective provision with an effective one that most closely corresponds to the economic purpose of the ineffective provision. The same applies in the event of a contractual gap.

18.3. All hosting and provider products use open source software. It is therefore agreed that 8.6 to 8.8 apply to these products.

18.4. Only the German-language version of all documents applies in the event of a legal dispute. Any other language version is only of informal character.

19. Additional conditions for SelfHosterVPS.com hosting, provider, or web space, or dedicated and virtual servers – hereinafter referred to as online offer – customers

19.1 Imprint, data protection declaration, terms and conditions; In order not to trigger any legal problems, the client is obliged to adapt the following pages in the dashboard immediately after activation of the online offer: imprint, data protection declaration and general terms and conditions. Depending on where the AG lives, further pages may be legally necessary. The AG undertakes to set up all the necessary pages. In the case of incompletely filled out pages, the AN is entitled to send the data of the AG to authorities and other requests to pass on the agenda.

19.2 Each AG is the owner and publisher of the imprint for its website and is therefore responsible for the content. Any copyright violations and other messages are to be sent directly to the (AG) publisher.

19.3 The contractor has no influence on the content of the individual online offers.

19.4 The Contractor is under no circumstances responsible for the Client’s content and any liability on the part of the Contractor is excluded.

19.5 The AG will select the appropriate payment provider or the appropriate payment method for the type of its own offer. The Contractor currently supports payment by invoice, Paypal and BTCPayserver. More are planned. The basis is the payment on account. The info text must be entered by the AG in such a way that all legal requirements are met. Payment on account is always retained as a 2nd payment method and a payment provider, e.g. Paypal, can also be selected. Different payment providers have different rules regarding adult content and the choice of payment provider must be made by the AG based on the payment provider’s terms and conditions. Should the customer block other users or the contractor through improper use of a payment provider, the customer is fully liable to all injured parties. The customer will reimburse the contractor and other injured parties for any costs incurred as a result of violating these terms and conditions within 7 days.

19.6 As the operator, the AG must register and pay all taxes and duties itself. As an online offer and hosting provider, the Contractor is in no way responsible for the Client’s tax obligations. Any offers and proceeds that the AG offers or generates with its online offer, see also 19.2, are made in the name and for the account of the AG. The Contractor has neither influence nor access to the content and proceeds.

19.7 The client is obliged to check local tax and duty obligations and to pay these duties accordingly. This applies in particular, without claiming to be complete: income tax, value added tax, local taxes, social security contributions. The Contractor as an online offer and hosting provider cannot and must not give any kind of advice in terms of law or tax law.

19.8 The client is fully responsible for any copyright infringements. The Contractor cannot and must not give any legal advice. In general, however, it is safest to write or create texts and images yourself. Images should only show the AG itself in order to prevent claims from people who do not have a model release. No protected works, e.g. pictures, works of art, protected architecture, may be visible in the picture. In general, it is forbidden to copy text from a third-party source without a license, or to copy and publish it, or to copy, link to, or otherwise reproduce and publish images from a third-party source without a license. A text or image is also considered published in the pay area.

19.8.1 It is generally forbidden to directly or indirectly advertise third-party products, e.g. by showing products. In addition, it is forbidden to show protected names, logos and lettering as text or in images. This also applies to imprints on clothing, props or the like. Should it be desired to place advertising directly or indirectly on the online offer, the AG will contact the AN’s support beforehand in order to find an agreement with the AN on the legal and financial modalities. In any case, placing direct or indirect advertising on the online offer is only permitted with the written consent of the Contractor. In the event of violations, the contractor is entitled to block the online offer until the incident has been clarified, and the client will indemnify and hold the contractor harmless for any costs. The AG has no claim to compensation for any damage that may have occurred as a result of the block.

19.9 The AG will indemnify and hold the AN harmless and reimburse any costs incurred within 7 days, received by the AN.

19.10 The AG confirms that he is an entrepreneur within the meaning of the KschG, has obtained all necessary authorizations as an entrepreneur and has also fulfilled all tax registrations and provisions. The Consumer Protection Act (KSchG) therefore does not apply and the client explicitly confirms this by acknowledging the General Terms and Conditions when placing the order.

19.11 If the contractor fully fulfills the contract before the end of the 14-day cancellation period, the customer loses his right of cancellation. The client explicitly confirms this by acknowledging the terms and conditions as part of the order.

19.12 In case of doubt, the Contractor is entitled to request documents from the Contractor for examination, in particular point 19.10, at the discretion of the Contractor. The Contractor can block the service completely or in parts until the facts have been clarified. The assumption, or rejection of an order is the responsibility of the contractor, who is also entitled to delete the entire area.

19.13 The contractor is entitled to automatically delete the content brought in by the client at regular intervals. At the time these GTC were created, the content (text, images, etc.) will be automatically deleted after 90 days. The Contractor is entitled to reduce this period without prior notice or to change upwards without requiring the consent of the AG. Blocking and deactivation for other reasons are not affected. The contractor will, as far as possible, publish the currently valid period in the FAQ.

19.14 The law of the Republic of Austria applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

19.15 Only the German-language version of all documents applies in the event of a legal dispute. Any other language version is only of informal character.

19.15 Should the conditions of Section 19, areas of the previous points agree otherwise, the conditions of Section 19 shall apply with priority to SelfHosterVPS.com online offer products and replace them.