GTC - General Terms and Conditions
§ 1 Scope, cooperation
1.1 These Terms and Conditions, in short GTC, apply to all services provided by Karsten Geyer, trading as Fishnet Services, 20457 Hamburg, Germany im Folgenden „Fishnet Services“, für Sie als Kunde erbringt. Unsere Leistungen richten sich ausschließlich an Kunden, die als Unternehmer im Sinne des § 14 BGB handeln.
1.2 Our General Terms and Conditions shall apply exclusively to the cooperation; other terms and conditions shall not become part of the contract, even if Fishnet Services does not expressly object to them.
1.3 If required, Fishnet Services shall engage subcontractors for the performance of services. In this case, however, the business relationship shall also be between Fishnet Services and you, unless otherwise agreed.
1.4 When ordering, please pay attention to which language versions you need in your store or for your modules. Unless otherwise agreed, you will only receive a German language version. This also applies if you have already ordered other language versions in the past.
§ 2 Software
2.1 For individually created scripts and software you receive, unless otherwise agreed in writing, a simple right of use and only an encrypted, German-language version without instructions, manual, source code or original files. You may not sublicense, rent or otherwise provide these scripts and software to third parties for time-limited use, edit them, decompile or decrypt or reverse engineer them.
2.2 When using open source software, the respective license terms, such as the GNU General Public License, apply to your rights of use.
2.3 The scripts ("modules") offered by Fishnet Services include the service of installation, but not setup, unless otherwise agreed. Modules are in principle not sent to you for self-installation. Unless expressly agreed otherwise in writing, the price does not include documentation of any kind. However, changed files will be renamed instead of overwritten by Fishnet Services and all code changes will be commented, unless it is a store update or upgrade or a store that has been connected to the programming platform "Github". In the latter case, you can view the changes and comments there.
2.4 The offered scripts are suitable exclusively for the store systems mentioned in the offer with the standard template as in the original download of the store system.
2.5 Scripts and software are delivered in such a way that they can be displayed and run with the most common current smartphones, browser versions and screen sizes. Possible errors in the display with different smartphones, browser versions or screen sizes do not represent a defect.
§ 3 Design
3.1 You receive a simple right of use in connection with the agreed store for all purchased design elements. The publication or use of these design elements in other environments (such as social media) is not permitted unless otherwise expressly agreed.
3.2 For an individually created design, unless otherwise agreed in writing, you receive an exclusive right of use, which also includes the use in social networks. Fishnet Services is named as the author of the design.
3.3 In principle, design work is only delivered for web presences unless you have ordered print design in writing. This distinction is important because web designs are not suitable for printing.
3.4 You will calculate and pay any contributions to the german artists' social insurance ("Künstlersozialkasse") fund that are due for design work.
§ 4 Hosting
4.1 Fishnet Services provides you, the customer, with a web hosting package for the duration of the contract in accordance with the tariff you have selected on shopbetreuung.com and enables you to manage and edit your Internet presence. You can order domains via webshop, e-mail, fax or letter. The current price on shopbetreuung.com for the respective domain extension applies.
4.2 Fishnet Services applies for the desired domain on behalf of the customer for registration at the registry and makes all necessary declarations there for you. The registration contract is concluded directly between you and the registry. The different top-level domains (TLD) are assigned and administered by a large number of different registries. Each of the different TLDs has its own terms and conditions for registration and administration. Therefore, in addition to these Terms and Conditions of Fishnet Services, the relevant registration conditions and guidelines for the TLD to be registered apply, which can be accessed on the website of the respective registry.
Fishnet Services does not guarantee that the domain you requested and ordered will be allocated and/or that the allocated domain is free of third party rights or will last in the long run. Information by e-mail or by telephone about the fact that a certain domain is still available is only given on the basis of a database query and only refers to the time when the information is requested. Only with the actual registration of the domain and the entry in the database of the registry is the domain assigned.
4.4 The transfer of web space or individual functionalities to third parties is not permitted.
4.5 You are solely responsible for the domain itself as well as for all content that you store on the web server, keep accessible and for the electronic communication that you handle via the web server. In the event that your Internet presence constitutes a telemedia service (e.g. a web store), you must fulfill the corresponding legal obligations. In addition, you will comply with the requirements of the applicable data protection laws insofar as you yourself process personal data or have personal data processed.
4.6 The servers may not be used by you as a customer to send unsolicited advertising, newsletters, threatening or harassing messages to third parties or to make corresponding calls or to make content available that is illegal or racist, incites hatred or violence or otherwise violates the law. The posting of pornographic, extremist or immoral content is prohibited. In case of non-compliance or a justified suspicion of a violation, Fishnet Services is entitled to block the access.
4.7 Based on objective criteria, Fishnet Services may reject e-mails sent to its customers if facts justify the assumption that an e-mail contains harmful code (computer viruses, worms or Trojans, etc.), if sender information is false or disguised, or if it is unsolicited or disguised commercial communication. For your own protection, you have the option to activate and set a spam filter in your customer area.
§ 5 Prices, payment, due date and default
5.1 All prices quoted are net prices and are subject to the applicable value added tax.
5.2 All services shall be invoiced as follows, unless otherwise agreed: Services under a service contract shall be invoiced on a time basis (per quarter hour or part thereof) upon completion or, in the case of longer work, on a monthly basis. Unless otherwise agreed, all work services shall be paid for as follows: In the case of lump-sum prices, one third of the gross sum when the order is placed, one third within 3 working days of the start of the work, one third after completion of the work. In the absence of a lump-sum price agreement, the service will be invoiced after completion of the work. In order to hedge the credit risk, Fishnet Services reserves the right to conduct a credit check / company report on the customer. The current hourly rate according to the price list on www.shopbetreuung.com applies.
5.3 This calculation of the time spent shall also apply to telephone consultations or communication with third parties carried out on behalf of the Customer. An initial consultation with general information on the services of Fishnet Services is excluded. Fishnet Services shall pass on to the customer any expenses incurred as a result of the customer order, such as telephone charges, postage, etc., without any surcharge.
5.4 All monthly or annual hosting fees shall be invoiced in advance in each case. Web space fees shall be collected on the 15th of the current hosting month, domain fees on the actual booking date or in subsequent years on the same date from a bank account to be named by the customer, unless otherwise agreed in writing.
5.5 All invoices of Fishnet Services are payable within 14 days from the invoice date.
5.6 The right to use the created designs, software, scripts, etc. shall not pass to you until payment has been made in full. If you are in default with a payment, Fishnet Services may withdraw the right of use for the service concerned until payment has been made in full. Fishnet Services will notify you in writing or text form of the withdrawal of the right of use. All overdue invoices are subject to the statutory interest on arrears.
§ 6 Customer's duty to cooperate
6.1 You shall provide Fishnet Services with all documents, information and materials necessary for the performance of the service and shall make all necessary decisions in a timely manner.
6.2 You shall inspect and approve or accept completed work within seven working days of handover. You shall also notify Fishnet Services of any defects within this period. After expiry of this period, work performances not subject to complaint shall be deemed to have been accepted.
6.3 If required, you grant Fishnet Services remote access to your IT system or to the Services created by Fishnet Services.
6.4 You are responsible for backing up your data. Your data backup should be based on the usual industry standards and take place at least daily.
§ 7 Warranty
7.1 There is no warranty for services.
7.2 The following applies to hosting services: Fishnet Services guarantees you an availability of the web server of 99.9% per year, measured at the output of the data center. Maintenance windows for necessary update and repair work as well as failures that are not within the sphere of influence of the web server or Fishnet Services (such as, in particular, problems of the telecommunications providers, force majeure, fault of third parties such as hacker attacks, etc.) are not considered downtimes.
7.3 For services under a contract for work and services, the statutory provisions shall apply with the following modification: The warranty period shall be 12 months from handover of the work. You shall immediately notify Fishnet Services of any defect occurring in writing or in text form, describing the defect in such detail that Fishnet Services can understand it. Defects will be remedied by Fishnet Services through subsequent performance. Only if the supplementary performance has failed for the second time, you can reduce the contract. In case of serious defects you are then also entitled to withdraw from the contract. Self-performance and the right to claim damages are excluded in any case. If the cause of a reported defect is due to circumstances for which you or a third party are responsible (such as operating errors or interference by third parties), Fishnet Services is entitled to charge for the work expended to remedy the defect / error. If you request that warranty work be carried out at a location determined by you, any additional working time incurred for this purpose as well as travel expenses will be invoiced at the usual hourly rates.
7.4 Changes in the IT infrastructure such as browser updates, new php versions, or other external influences may trigger errors in the store systems or other services of Fishnet Services. Fishnet Services is not liable for such external influences. In consultation, Fishnet Services will support you in troubleshooting.
§ 8 Termination
8.1 The minimum contract term and the notice period for the respective hosting or domain contract can be found in the information on the respective contract at "www.shopbetreuung.com". The notice period applies to both you and Fishnet Services. In addition, the contract can only be terminated extraordinarily for good cause. An important reason for Fishnet Services exists if you are in default with the payment of your hosting or domain contract, which proportionally corresponds to an amount of at least three months. In case of termination, Fishnet Services may block the web server and / or domain and return it to the registrar. Fishnet Services will notify you of this impending consequence in writing or text form prior to termination.
8.2 In case of ordinary termination, you should migrate your content to another web server within the notice period. Fishnet Services can assist you with this if required.
8.3 Fishnet Services reserves the right to refuse or cancel orders for pages or providers that are racist, inflammatory or defamatory.
§ 9 Liability
9.1 Fishnet Services excludes liability for slightly negligent breaches of duty, unless damages from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose fulfillment the customer may regularly rely (cardinal obligations) shall remain unaffected, however, limited to the damages foreseeable at the time of the breach of contract. The same shall apply to breaches of duty by Fishnet Services' vicarious agents.
9.2 As a customer, you are responsible for all content, data, images, etc. that you submit and the right to publish, use, exploit, etc. these. Fishnet Services is not responsible to review this content and its use.
9.3 Software published under open source licenses such as GPL is delivered "as is". Fishnet Services does not grant any warranty for it.
§ 10 Data protection
The parties will adhere to all valid data protection regulations and conclude a data processing contract (e.g. for web hosting) if required.
§ 11 Miscellaneous
11.1 Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
11.2 In addition to these provisions, the law of the Federal Republic of Germany shall apply.
11.3 The place of performance and jurisdiction is Hamburg.
Status: May 2023