MIKAS ISP Werbe GmbH
Terms of Service WebdesignLand MIKAS ISP Werbe GmbHThe following terms and conditions of WebdesignLand are part of all contracts between the customer and
Mikas ISP Werbe GmbH
Stettnerstrasse 20, 5301 Eugendorf, Austria
District Court Thalgau
WebdesignLand is a service of Mikas ISP Werbe GmbH
Webdesign of MIKAS ISP Werbe GmbH
1. Conclusion of contract
After quotation, contracts and offers become effective through the order placement of the customer. As an order is also an e-mail from the client in which it is apparent that the customer uses a service.
2. Website content
The client alone is responsible for the contents of its web pages and assures that through its entire internet presence neither rights of third parties will be violated nor existing laws will be violated.
Mika’s ISP requires the sensible use, operation and further development of the service of some user data. Mikas ISP collects, processes and uses personal data of the customer, insofar as these are necessary for the establishment, content and modification of the contractual relationship established with him (inventory data).
Mikas ISP collects, processes and uses personal data of the customer on the use of the services offered by Mikas ISP, insofar as this is necessary to enable the user to use these services (usage data) or to charge for the use of these services (billing Dates).
Customer data are not sold or passed on to unauthorized third parties
4. Costs – Prices – Terms of payment
All offers from MIKAS ISP Werbe GmbH are non-binding. Invoice amounts are to be paid after receipt of invoice without deduction. All services remain the property of MIKAS ISP Werbe GmbH until full payment. In the case of late payment 10% default interest p. a. as agreed.
MIKAS ISP Werbe GmbH is entitled after an unsuccessful reminder by e-mail and postal delivery to stop the operation of the website, change passwords and the affected pages offline.
MICAS ISP Werbe GmbH charges 5-10.- € for necessary payment reminders or reminders. MIKAS ISP Werbe GmbH is also entitled to transfer outstanding claims to a collection agency of its choice.
Costs for extensive changes that exceed the originally agreed offer will be charged to the client.
6. Limitation of Liability and Claims for Damages
MIKAS ISP Werbe GmbH shall only be liable for damages caused by gross negligence or by intent of Mikas ISP, its legal representatives or one of its vicarious agents, unless it concerns a guaranteed property. The above limitation of liability applies to contractual and non-contractual claims. Liability under the Product Liability Act remains unaffected.
7. Rights of Use – Copyright
The intellectual property always remains with MIKAS ISP Werbe GmbH unless otherwise agreed in writing. Insofar as the business partner is granted rights, these are not transferable and not exclusive, unless expressly agreed otherwise in writing. In particular, the business partner only receives a one-time right of use and is not entitled to duplicate, rent, lend, lease or sell the product or parts thereof without the express written consent of MIKAS ISP Werbe GmbH against payment or free of charge, for itself or a third party Form to make it wholly or partially accessible.
8. Final provisions
MIKAS ISP Werbe GmbH reserves the right to insert a link referring to the website of MIKAS ISP Werbe GmbH on the website of the created internet presence.
9. Place of fulfillment, place of jurisdiction, severability clause
Place of performance for all services and jurisdiction is the district court Thalgau. Austrian law applies!
If one clause of these conditions is ineffective, this does not affect the validity of the other clauses. If a clause of these conditions is only ineffective in one part, the other part remains valid. The parties are obliged to replace an ineffective clause with an effective substitute clause that comes as close as possible to the economic purpose of the invalid clause.
These terms and conditions are accepted by the client when the order is placed.
Webhosting & Domain of MIKAS ISP Werbe GmbH
1. Conclusion of the contract
Mikas ISP provides all deliveries and services exclusively on the basis of these terms and conditions. They also apply to all future business relationships, even if they are not expressly agreed again. Contrary terms of purchase or similar does not recognize Mika’s ISP. Counter-determinations of the customer with reference to his business and purchasing conditions are hereby contradicted. Deviating terms and conditions of the contracting parties are not part of the contract. Special agreements are only valid if they have been agreed in writing.
2. Scope of services and fees
2.1 The contract duration and notice periods are regulated as follows:
Mikas ISP-DNS u. Mikas ISP-Space packages These packages can be terminated at least 6 weeks before the end of the term, otherwise the duration of the web package will be extended automatically. The termination must be in writing in each case (fax is sufficient).
Special agreements are only valid if they have been agreed in writing.
2.2 The calculation starts with the month of provision of the corresponding service.
2.3 Payment of the fees is principally by direct debit. The customer authorizes Mikas ISP, as specified on the order form, to collect any applicable fees via the respective valid account. The authorization also extends to subsequent and variable fees, other purchase prices or commissions as well as new bank details communicated by the customer. The monthly fee will be collected in advance on the 1st of each month. One-off fees, variable fees and purchase prices for other products are collected when the service is rendered or immediately before delivery. Alternatively, claims may be settled by check or bank transfer if Mikas ISP agrees on a case-by-case basis.
2.4 The right to terminate without notice for good cause remains unaffected. An important reason for the termination of the contract by Mikas ISP is in particular a breach by the customer of legal prohibitions, in particular the violation of criminal, copyright, licensing, competition, name or data protection provisions; default of payment lasting more than four weeks; the continuation of other contract violations after warning by Mikas ISP, one
fundamental change in the legal or technical standards on the Internet, if it becomes unreasonable for Mikas ISP to continue to provide the services in whole or in part. A termination requires the written form to be effective by registered mail or fax with sending report on the sender’s side. The termination of the contract automatically includes possibly ordered domains and additional services, as long as the customer has not concluded any further hosting contracts with Mikas ISP, the use of the domain names maintained on another server. Domain names can also be terminated independently of the contract for hosting services (closure of the domain or provider change).
The hosting contract concluded between the parties remains unaffected. The application to close a domain or to initiate the change of provider process at the NIC must be received by Mikas ISP at the latest 4 weeks before the end of the billing period of the domain, otherwise the domain will be recalculated for the new billing period regardless of the closure or provider change ,
The pre-paid domain fees will not be refunded upon termination.
2.5 Mikas ISP reserves the right to change the fees at the beginning of a new billing period. Changes will be communicated to the customer with an appropriate time before the entry into force to his e-mail address or by post. Increases in the fees cause the customer to terminate the contract with a notice period of 2 weeks. Increases in charges known at the time of the order (eg the expiry of the temporary reduction of combined tenders) do not require separate notification and do not constitute a special right of termination.
2.6 Should the NIC AT. (Contracting entity for Austrian Internet addresses “.at”, hereinafter referred to as NIC AT) or other affected entities change their price position or their billing model for Internet addresses so-called domains, so Mikas ISP is entitled to the fees to the customer Take effect of the change without special deadlines. Should such an adjustment be unreasonable, the customer is entitled to a special termination right.
3. Provided content, programs and data
3.1 The content made available by Mikas ISP as part of the internet service, text, image and sound materials as well as programs (for example CGI modules) are generally protected by copyright. The customer of an Internet presence may use such materials provided by Mikas ISP to design its Internet content for the duration of the contractual relationship under the Internet address maintained by Mikas ISP. Any other use (in particular duplication, delivery and transfer to third parties) is only permitted with the written permission of Mikas ISP or the respective owner of the rights.
4. Rules for self-created content
4.1 The customer undertakes to provide the name and address of his business offers and, in the case of associations of persons and groups, the name and address of the authorized representative.
4.2 The customer guarantees that the contents do not violate applicable law. In addition, the deposit of pornographic, extremist (especially right-wing extremist) or offending the good customs is prohibited. Mikas ISP is entitled to immediately block and delete the aforementioned content without separate notification. If a customer violates these conditions substantially or despite a warning, Mika’s ISP is entitled to terminate the contract for good cause without notice.
4.3 Mikas ISP reserves the right to content, the normal operation or the security of the server
in principle to block or to prevent their operation in individual cases. This especially applies to CGI program modules, PHP and ASP, which are not kept in the program library. Mikas ISP also reserves the right to suspend the customer’s offer without warning if the customer operates its own programs as part of its offer, which affect the normal operation or the security of the server. All work resulting from a misconduct will be charged to the customer without exception (hands on 15 min EUR 19.90)!
4.4 The customer is aware that it is generally possible for all subscribers in the transmission path of the Internet to gain knowledge of data transmitted without authorization. The customer accepts this risk.
5. Domain registration, change, change and termination of domains in Internet presences
5.1 Mikas ISP does not provide information about the availability of a domain via telephone or internet. Between information and registration, an assignment to a third party may be made by NIC AT or another entity without Mikas ISP having any influence or knowledge thereof.
5.2 The registration of a domain, unless otherwise agreed, as an Austrian “at” domain.
5.3 When applying for and / or maintaining Internet domain names, Mikas ISP will only act as an intermediary in the relationship between the customer and the respective NIC (organization for domain assignment). Contracts with such organizations entitle and bind only the then registered owner of the domain. The customer therefore acknowledges the terms and conditions of the respective NIC and agrees with them. The data for the registration of a domain are forwarded in an automated process without guarantee to the responsible NIC. Mikas ISP has no influence on the domain assignment. Therefore, Mikas ISP does not warrant that the domains requested for the customer will be assigned at all and / or assigned domains are free of third party rights or permanent. The customer indemnifies Mikas ISP from third-party compensation claims based on the improper use of a domain name by the customer. Mikas ISP confirms the domain registration by email to the customer. The customer undertakes to check the proper registration within a week. The customer can only assume an actual allocation of the domain name if the domain name is listed in the official registry of the respective registry (NIC) and the domain name is routed to an IP address of the server. Mikas ISP is authorized to undertake all administrative work for the domain owner, in this connection the domain owner commissions the contractor (provider) to register temporarily as owner and / or AdminC in the description
5.4 If any domains requested by the customer are no longer available, Mikas ISP will take into account any alternatives specified by the customer. If none of the given names or sufficient numbers are available, Mika’s ISP will request additional domain names for customer registration.
5.5 Mikas ISP manages all domains for the duration of the contract concluded with the customer on the basis of the respectively valid guidelines of the responsible contracting authorities, in particular the regulations of NIC AT (see www.nic.at). Should these policies change, or should the framework for registering and maintaining domains change for other reasons, Mika’s ISP and the customer are prepared to adjust their contract accordingly.
5.6 The customer is aware that the name and address of the respective user are stored in the NIC AT and in the RIPE database compulsorily and permanently and in the so-called “whois” query on the Internet (eg via www.nic.at) for him and third parties are always visible.
5.7In the event of termination for cause, Mika’s ISP is entitled to delete Internet addresses (domains) assigned to this contractual relationship. In addition, Mika’s ISP may immediately suspend and delete deposited content and e-mail messages without setting a grace period. An important reason for Mikas ISP is, in particular, if a bankruptcy procedure for the assets of the customer is applied for, opened or the opening is rejected for lack of assets. If the customer defaults on payment of a significant portion of the remuneration for a period of two consecutive months or in an amount of more than two months equivalent to a monthly fee, Mikas ISP may terminate the contract without good reason Cancel the deadline.
5.8 The customer agrees to cooperate in changing the supervisor of a domain as well as registration, modification or deletion of a domain to the extent necessary and to make necessary declarations if necessary.
5.9 If the customer entrusts other domain types (for example, .com, .net, info, .org, .biz, .de, .ch), the procedure is the same as above, taking into account the respectively applicable procurement guidelines.
5.10 Should Mikas ISP be requested in writing by the domain owner to release them as part of a provider change or closure, Mikas ISP will initiate this without further coordination with the client, provided that a clear statement signed by the owner of the domain Mikas ISP is present. If Mikas ISP is commissioned by the customer to take over the supervision of a domain (provider change) or connectivity coordination – KK), the following applies:
The customer is aware that a release of the previously responsible for the domain provider is required for successful connectivity coordination. Mika’s ISP will therefore make reasonable efforts to successfully complete the KK application. However, Mikas ISP can not guarantee the successful takeover of the domain if the third party does not release it.
5.11 Mikas ISP settles the domains with the customer every year. After payment has been made, Mikas ISP will release the domain to the KK according to the customer’s request or delete the domain from the relevant registration authorities.
5.12 KK applications which the current provider rejects with a “NACK” will be charged with a processing fee equal to the minimum registration period.
5.13 In the relationship between Mikas ISP and the customer, a successfully reconnected domain is otherwise treated and calculated like a newly registered domain in accordance with the rules set out here.
5.14 For customers who manage their domains on their own responsibility with the Mikas ISP-DNS domain service: The use of the Mikas ISP-DNS domain service is only permitted for domains that have been ordered with this system or with Mikas ISP. Any use of the Mikas ISP-DNS domain service by other ordered domains is hereby expressly prohibited. In case of infringement Mikas ISP is entitled to remove the unauthorized DNS entries immediately and for each unauthorized entry, a processing fee of 10, -EURO plus the statutory. To raise VAT.
6. Responsibility of the customer for content and domain names
6.1 The customer is responsible for all contents produced or published by him, via his access code or by third parties through his Mikas ISP Internet service. There is no general monitoring or review of this content by Mikas ISP.
6.2 Mikas ISP also does not check the contents of the customer as to whether claims of third parties are justified or unjustified.
6.3 The customer assures that to the best of his knowledge by registering or connecting a domain name no third party rights are violated. The customer acknowledges that he alone is responsible for the choice of domain names. In the event that third parties claim credible rights to the domain name, Mika’s ISP reserves the right to suspend the relevant domain name until the dispute has been settled in court.
6.4 Should Mikas ISP for reasons described make a blockage, the customer is still liable to Mikas ISP. The customer agrees to all measures that Mikas ISP has to take to comply with enforceable orders or enforceable decisions. The customer further indemnifies Mikas ISP with regard to the numbers 2 to 5 from claims of third parties, all arising costs and adverse consequences.
7. Data security, online transmissions
7.1 Insofar as data are transmitted to Mikas ISP – in whatever form – the customer will make backup copies. In the case of an incoming data loss, the customer will transfer the relevant data once again free of charge to the server of Mikas ISP.
7.2 Various customer-specific settings for Mikas ISP Internet Services are set online. The transfer of such data is at the risk of the customer via the Internet without guarantee from Mikas ISP. Any delays occurring due to technical reasons are outside the responsibility of Mikas ISP and therefore do not constitute a defect.
8. Receiving and sending e-mails
8.1 The customer agrees that Mikas ISP and its cooperation partner to send e-mails to his e-mail address to the extent reasonable.
8.2 Should Mikas ISP become aware that the customer is sending e-mails stating illegally or contrary to generally accepted rules of communication on the Internet, Mikas ISP reserves the right to suspend the service temporarily or permanently. This also applies to transmissions (“postings”) of advertising or illegal messages in public newsgroups of the Internet. Should Mikas ISP for these reasons make a blockage, the customer is still liable to Mikas ISP.
8.3 Mikas ISP is entitled to delete emails received on POP3 accounts (main addresses for e-mails):
a) after being called by the customer,
b) after they have been forwarded according to the customer’s instructions,
c) after being stored for 40 days.
8.4 Sending spam e-mails.
The customer undertakes to refrain from distributing identical content or largely identical content (spam). The following activities, which are often associated with spam, are therefore prohibited: Collecting masses of e-mail addresses via software or internet robots. Mass mailing of emails. Sending e-mails without personal address or without reference. Unsolicited sending of promotional emails. Registration of websites, registration of e-mail addresses, transmission of e-mails, transmission of SMS and other messages with incorrect or manipulated sender or address data. Forwarding messages with manipulated content. In addition, Mikas ISP will terminate the customer without prior notice without notice. In order to protect our serious customers from the effects of spam, Mika’s ISP will report any violation immediately.
9. Availability, maintenance
9.1 Internet content (HomePages) is usually available 24 hours a day, 7 days a week. Mikas ISP guarantees server availability of 99% per annum. Therefore, Mikas ISP does not guarantee the uninterrupted availability of data and can use the remaining time for technical work. Mikas ISP is not liable for data losses caused by technical failures, interrupted data transfers or other problems in this connection.
9.2 Unless otherwise stated in these Terms and Conditions, Mika’s ISP shall promptly rectify any disruptions of access to the Internet Service within the scope of the technical and operational possibilities. The customer is obliged to notify Mikas ISP of any recognizable access problems immediately, but at the latest within 7 calendar days of knowledge in writing or by e-mail (fault report).
10. Technical restrictions on Internet presences
10.1 The customer has, unless ordered separately, no claim to its own IP address, its own physical server for its contents or a dedicated dedicated bandwidth (line capacity for data traffic). The operation takes place to the necessary cost reduction on efficient central computers (servers) with an IP address and a total of the available bandwidth for the respective server, whereby fluctuations in the actual bandwidth available to the customer are possible.
11. Retention of title, on loan
11.1 Delivered goods remain the property of Mikas ISP until the purchase price has been paid as reserved goods.
11.2 Services under this contract shall remain the property of Mikas ISP until the fulfillment of all, including future, claims arising from this contract and the entire business relationship with the customer.
11.3 The provided hardware and software may not be modified, altered, resold, lent or pledged. If the hardware is incomplete or significantly above average worn, the customer will replace the resulting damage. If the hardware and software are not returned after a single request, Mika’s ISP is entitled to charge the list price. The customer will delete copies of the licensed software after termination of the contractual relationship and discontinue use.
12. Limitation of Liability and Claims for Damages
12.1 Mikas ISP shall only be liable for damage caused by gross negligence or intent on the part of Mikas ISP, its legal representatives or one of its vicarious agents, unless it concerns a warranted property. The above limitation of liability applies to contractual and non-contractual claims. Liability under the Product Liability Act remains unaffected.
12.2 Mikas ISP is not liable for the correct functioning of infrastructures or transmission paths of the Internet, which are not the responsibility of Mikas ISP or its vicarious agents.
13. Late payment
13.1 If the customer has made no payment on the due date and falls behind with default and has to pay for each subsequent reminder from Mikas ISP the respective required administrative expenses (reminder fee) in the amount of 5-10, – €. For any chargebacks Mikas ISP charges the customer a processing fee of 10, – € in addition to the reminder fee. If the customer remains delinquent despite the due date and reminder, Mika’s ISP can assert the plea of the unfulfilled contract. Furthermore, Mikas ISP entitles the customer access to the server, as well as all on its host Internet presences u. to block the Mikas ISP-DNS domain service until receipt of the outstanding amount. If Mikas ISP rescinds the contract despite default in payment by the customer, the latter is liable for damages incurred by Mikas ISP as a direct result of the default. The customer’s obligation to pay continues to exist even if the package is blocked. Furthermore, MIKA’s ISP is entitled to unblock each package a one-time lump sum of 20, – € to include VAT. In the event of default of payment and further default of the customer on the dunning level, Mikas ISP is entitled to terminate the contract without notice and to demand compensation from the customer for the damage caused by the termination or non-fulfillment. For the period in which the customer is in default, interest of 8% per annum will be charged. After fruitless expiration of the deadline specified in the reminder Mikas ISP is entitled to keep a domain without separate notice not further registered and release them. The remuneration claim of Mikas ISP also remains in this case.
13.2 The customer can only set off against claims of Mikas ISP with undisputed or legally established counterclaims. The customer is entitled to assert a right to refuse performance only because of undisputed or legally established counterclaims.
13.3 If Customer is in default of payment, Mika’s ISP, without prejudice to all other rights, shall be entitled to reclaim and otherwise dispose of the service provided. As soon as the acceptance charge occurs, the risk of accidental loss and accidental deterioration passes to the customer.
14.1 Mike’s ISP requires the reasonable use, operation, and enhancement of the service of some of the user’s data. Mikas ISP collects, processes and uses personal data of the customer, insofar as these are necessary for the establishment, content and modification of the contractual relationship established with him (inventory data).
14.2 Mikas ISP collects, processes and uses personal data of the customer on the use of the services offered by Mikas ISP, insofar as this is necessary to enable the user to use these services (usage data) or to charge for the use of these services (billing data)
15.1 Mikas ISP is entitled to amend or supplement these terms and conditions with a reasonable notice period. Changes to the General Terms and Conditions will be communicated to the customer by e-mail to his e-mail address or by post at least 4 weeks before entry into force. For this purpose, instead of enclosing the complete text, a reference to the address on the Internet, under which the new version is available, is sufficient. If such changes are not objected to within one month of delivery, they will be considered accepted. If the changes are to the detriment of the customer, the customer can terminate the contractual relationship within one month after receipt of the change notice without notice.
15.2 Contractual amendments, supplements and subsidiary agreements require written form to be valid unless otherwise stipulated in these General Terms and Conditions. The written form requirement also applies to the waiver of this formal requirement.
15.3 Mikas ISP is free to use newer or different technologies, systems, procedures or standards for the provision of the services in the course of technical progress than initially offered, in so far as the customer is not disadvantaged.
16.1 Right of withdrawal
You can cancel your contract within one week without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in writing, but not before conclusion of the contract and not before fulfillment of our information obligations. To maintain the cancellation period, the timely dispatch of the revocation is sufficient.
The revocation must be sent to:
Mikas ISP ISP Advertising GmbH, Stettnerstrasse 20, A-5301 Eugendorf, Fax: +43 (0) 662 234 66 2222 (local rate)
16.2 Revocation sequences
In the case of an effective cancellation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation for us with their receipt.
With a service, your right of revocation expires prematurely, if we have started with the execution of the service with your express consent before the end of the revocation period or you have arranged this yourself. An example of an initiation by you of the execution of the service is the commissioning of the provider to register a domain with the respective registrar on your behalf.
17. Place of fulfillment, jurisdiction, severability clause
17.1 Place of performance for all services and jurisdiction is the district court Thalgau. Austrian law applies
17.2 If one clause of these conditions is ineffective, this does not affect the validity of the other clauses. If a clause of these conditions is only ineffective in one part, the other part remains valid. The parties are obliged to replace an ineffective clause with an effective substitute clause that comes as close as possible to the economic purpose of the invalid clause.
These terms and conditions are accepted by the client when the order is placed.