Terms of Service

1. Scope

The following General Terms and Conditions apply to all business relationships between the customer and the provider of StreamingServer.io [namely Hanseatic Bits UG (haftungsbeschränkt) & Co. KG], hereinafter referred to as “us”. The version valid at the time of the conclusion of the contract is authoritative.

Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if they are known, unless their validity is expressly agreed.

These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of §§ 14, 310 para. 1 BGB (German Civil Code). Contracts are concluded exclusively with commercial customers.

2. Conclusion of contract

Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable limits.

By placing an order, the customer makes a binding contractual offer. We shall confirm receipt of the customer’s order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance.

We are entitled to accept the contractual offer contained in the order within a period of 7 working days after receipt. However, we are also entitled to refuse to accept the order, for example after checking the customer’s creditworthiness.

3. Service receipt

We guarantee an annual average network availability of 99% for the infrastructure of our data centers. If the security of network operation or the maintenance of network integrity is at risk, we may temporarily restrict access to the services as required.

In all other respects, the receipt of services is based on the offer information valid at the time of the order, the order form and the applicable monthly special offers.

Technical support is only included in the event of fault on our part. In the event of problems caused by the customer, technical support can be commissioned to rectify the problem. A fee of €30 plus VAT per 15 minutes will be charged for this.

4. Data security

If data is transmitted to us, the customer shall make backup copies. Insofar as this is included in the respective offer, the servers are backed up regularly. In the event that data is nevertheless lost, the customer shall be obliged to transmit the relevant data to us again free of charge.

The customer is obliged to carry out a complete data backup before making any changes of his own or on his behalf.

The customer shall receive a user ID and a password to maintain his offer. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. If the customer becomes aware that the password is known to unauthorized third parties, he must inform us immediately. If, due to the customer’s fault, third parties use our services by misusing the passwords, the customer shall be liable to us for usage fees and damages. In the event of suspicion, the customer therefore has the option of requesting a new password, which we will then send to the customer.

5. Privacy

Our data protection practices comply with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG).

The customer’s personal data is only collected and used insofar as it is necessary for the establishment, content or amendment of the contractual relationship.

We only use the customer’s e-mail address for information letters about orders, for invoices and, unless the customer objects, for customer care and, if requested by the customer, for our own newsletters.

We do not pass on any personal customer data to third parties. Excluded from this are service partners, insofar as this is necessary to determine the fee and for invoicing with the customer or to provide our service.

The customer has a right to information as well as a right to correction, blocking and deletion of their stored data. If deletion conflicts with statutory or contractual retention obligations or other legal reasons, the data will be blocked.

6. Published content

The customer is obliged to label the content he posts on the Internet as his own or third-party content and to provide his full name and address.

Additional obligations may arise from the provisions of the Telecommunications Act and the Telemedia Act. The customer undertakes to check and fulfill this on his own responsibility.

The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. The posting of erotic, pornographic, extremist or immoral content is not permitted. We are entitled to block the customer’s access in the event that this is violated. The same applies in the event that the customer publishes content that is likely to offend the honor of third parties, insult or denigrate persons or groups of persons. This also applies in the event that an actual legal claim is not made. We are not obliged to check the content of our customers.

The sending of spam mails is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. In the event of non-compliance, we are entitled to block access.

7. Liability

We accept no liability for direct damage, consequential damage or loss of profit due to technical problems and faults within the Internet that are beyond our control.

We are not liable to entrepreneurs for slightly negligent breach of insignificant contractual obligations. This does not apply in all cases of personal injury and in accordance with the Product Liability Act.

We shall only be liable to entrepreneurs for indirect damage and consequential damage as well as for loss of profit in cases of intent and gross negligence. In this case, our liability is limited to the foreseeable damage typical for the contract, up to a maximum of 100% of the product rental.

If the customer violates the obligations specified in Section 6 with the content of its Internet pages, in particular legal prohibitions or morality, it shall be liable to us for compensation for all direct and indirect damages arising therefrom, including financial losses. In addition, the customer undertakes to indemnify us against claims by third parties – of any kind whatsoever – resulting from the illegality of content placed on the Internet. The indemnification obligation also includes the obligation to fully indemnify us from legal defense costs (e.g. court and lawyer’s fees).

8. Terms of payment

The current prices apply, which can be viewed at any time at https://streamingserver.io.

Billing takes place monthly via the payment method specified by the customer.

If any payment deadlines granted in the invoice are exceeded, we shall be entitled to charge interest on arrears even without a reminder.

If the customer is a consumer, the default interest rate shall be 5 percentage points above the prime rate. If the customer is an entrepreneur, the default interest rate shall be 8 percentage points above the prime rate.

We are also entitled to block the customer’s server and withhold all other services in the event of default.

Invoices shall be sent by e-mail as an attachment. If delivery by letter is requested, we are entitled to charge a reasonable processing fee. In the event of retroactive changes to invoices that are not our fault, we are entitled to charge a reasonable processing fee.

9. Contract duration / termination / place of performance

Unless otherwise contractually agreed, the contracts are concluded for an indefinite period.

The contract can be terminated by either party at the end of the billing period without giving reasons. Termination is possible at the earliest at the end of the agreed minimum contract term. It can be made in text form by letter, fax, e-mail or via the secure online administration area, provided this option is available.

We are also entitled to terminate the contractual relationship for good cause without notice. Such good cause shall be deemed to exist, inter alia, if the customer is in default with the payment of a not insignificant part of the remuneration. Such good cause may also include, among other things, if the customer materially breaches the obligations under clause 6 or breaches them despite a warning. A further important reason which can lead to blocking or termination without notice is if the customer uses content which could impair the regular operating behavior or the security of the server.

The place of performance for all services arising from this contract is Haren (Ems), Germany. The place of jurisdiction for all disputes arising from this contract shall be the court with local jurisdiction for Haren (Ems), Germany, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed. We are also entitled to bring an action at the customer’s place of business.

If the customer intends to transfer his contractual rights to another person, he requires our consent. A transfer of contractual rights can only be made in writing by letter, fax or via the secure online administration area, insofar as this option is available. In the case of a transfer by letter or fax, the previous and new contractual partner must sign in person.

10. Queries and complaints

Questions and complaints should be directed to Hanseatic Bits UG (haftungsbeschränkt) & Co. KG, Philip Thomas, Zeissstraße 1, 49733 Haren (Ems), Germany.