1. General & Scope of Application
- The following General Terms and Conditions apply to all business relations between the customer and the lifehost360.com OÜ, hereinafter referred to as "we" or "us". The version valid at the time of the conclusion of the contract is decisive in each case.
- Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed.
- The various top-level domains ("domain endings") are administered by a number of different, mostly national organizations. Each of these organizations for the allocation of domains has established different terms and conditions for the registration and administration of the top-level domains, the associated sub-level domains and the procedure for domain disputes. Insofar as domains are the subject of the contract, the corresponding terms and conditions for the allocation of domains apply in addition, which can be found under Product Policies.
2. Conclusion of contract
- Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.
- With the order, the customer bindingly declares his contract offer. We will 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 shall be entitled to accept the contractual offer contained in the order within a period of 5 working days after receipt by us. However, we are also entitled to refuse acceptance of the order, for example after checking the creditworthiness of the customer.
3. Scope of services
- If the subject of the contractual relationship is the registration of domain names, we owe only the procurement of the desired domain. The customer can therefore only assume that the domain name has actually been allocated once this has been confirmed by us. We have no influence on the domain allocation. A liability and warranty for the actual allocation of the ordered domain names is therefore excluded.
- We guarantee a network availability of 99.9% on an annual average 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 scope of services shall be as set out in the offer information, the order form and the special offers applicable at the time the order is placed.
- If the customer wishes to register his Internet presence with one or more search engines (online search services for Internet content), we shall only be liable for mediation in this case as well. The operator of the respective search engine alone decides on the inclusion in the search engine and the timing.
- Technical limitations are regulated in the system policies, which can be viewed or requested under Product Policies.
- Technical support services are not included in the offers. If these are requested and used, they will be charged separately. The valid prices can be viewed under Services.
4. Data security
- Insofar as data is transmitted to us, the customer shall make backup copies. As far as this is included in the respective offer, the servers are backed up regularly. In the event of a loss of data occurring nevertheless, the customer shall be obliged to transmit the relevant data files to us again free of charge.
- The customer is obliged to carry out a complete data backup before each own or commissioned change.
- The customer receives a user ID and a password for the maintenance of 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 fault of the customer, third parties use our services by misusing the passwords, the customer shall be liable to us for usage fees and damages. In case of suspicion, the customer therefore has the option of requesting a new password, which we will then send to the customer.
5. Data protection
- Our data protection practice is in accordance with the General Data Protection Regulation (DSGVO) and with the respective national laws and guidelines at the location of the infrastructure.
- Personal data of the customer will only be collected and used as far as they are necessary for the establishment, content or modification of the contractual relationship. The customer undertakes to keep this data in his online administration area up to date at all times.
- We use the customer's e-mail address only for information letters on the 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 for the determination of the fee and for billing the customer.
- The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If a deletion is contrary to legal or contractual storage obligations or other legal reasons, the data will be blocked.
6. Published contents
- The customer is obligated to identify the content he posts on the Internet as his own or third-party content and to present his full name and address. Additional obligations may arise from the provisions of the Telecommunications Act and the Telemedia Act. The customer is obliged to check and fulfill this on his own responsibility.
- The customer undertakes not to publish any content which infringes the rights of third parties or otherwise violates applicable law. The depositing of erotic, pornographic, extremist or immoral content is not permitted. We are entitled to block the customer's access in the event that this has been violated. The same shall apply in the event that the customer publishes content that is likely to injure the honor of third parties, insult or denigrate persons or groups of persons. This also applies in the event that an actual legal claim should not exist. We are not obliged to check the contents of our customer.
- The sending of spam mails is prohibited. This includes in particular the sending of inadmissible, 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 case of non-compliance, we are entitled to block access.
- We do not assume any liability for direct damages, consequential damages or lost profits due to technical problems and malfunctions within the Internet that are beyond our control.
- Towards entrepreneurs we are not liable in case of slightly negligent violation 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 the event of intent and gross negligence. In this case our liability is limited to the contract-typical foreseeable damage, max. to 100 % of the annual product rent.
- If the customer violates the obligations mentioned in clause 6, in particular legal prohibitions or morality, with the content of his Internet pages, he shall be liable to us for compensation for all direct and indirect damages, including financial damages, arising from this. In addition, the customer undertakes to indemnify us against claims by third parties - of whatever nature - 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 attorney fees).
8. Terms of payment
- The current prices apply, which can be viewed at any time under Services.
Depending on the contractual agreement, a monthly, quarterly or annual billing is carried out. Billing is made by payment exclusively through customer credit, which is to be provided by the customer prior to ordering. All fees are then due for payment immediately with the start of the service provision.
- In the event that 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 amount of the default interest shall be 5 percentage points above the base interest rate. If the customer is an entrepreneur, the default interest rate shall be 8 percentage points above the base interest rate.
- In the event of default, we shall also be entitled to block the customer's Internet presence and to withhold all other services.
- Checks will only be accepted on account of performance.
- Invoices will be sent by e-mail as an attachment. In case of delivery by letter, we are entitled to charge an appropriate handling fee. In case of a retroactive change of the invoice, which is not caused by our fault, we are entitled to charge a reasonable handling fee.
- If the customer deletes off a virtual server of his own orders, the non-availability of the CPU and RAM capacities at the end of the billing period will be calculated to the minute and refunded to the customer's credit.
9. Duration of contract / termination / place of performance
- Unless otherwise contractually agreed, the contracts shall be concluded for an indefinite period.
- The contract may be terminated by either party with 30 days' notice to the end of the month, without giving reasons, but no earlier than the end of the contractually agreed minimum term. Notice of termination may be given in text form by letter, fax, e-mail or via the secure online administration area, insofar as this option is available.
- In addition, we are entitled to terminate the contractual relationship for good cause without notice. Such good cause shall be deemed to exist, among other things, if the customer is in default of payment of a not insignificant part of the remuneration for two consecutive months. Such an important reason can also be, among other things, that the customer substantially or despite warning violates the obligations under paragraph 6. Another important reason which can lead to blocking or termination without notice is if the customer uses contents which could impair the regular operation or the security of the server.
- Place of performance for all services under this contract is Kuusalu Vald, Estonia. The place of jurisdiction for all disputes arising from this contract is the court locally responsible for Estonia, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction or if the customer's place of residence or habitual abode is not known at the time the action is brought. In addition, we shall be 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 shall require our consent for this. 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 personally
- If the cancellation concerns one or more domain names, the cancellation period is generally 30 calendar days to the end of the billing year. Deviations may result from the guidelines of the registry.
10. Regulations for resellers
- The customer is entitled to grant third parties a contractual right of use to the Internet presences managed by us for him. In this case, the customer nevertheless remains the sole contractual partner. He is obliged to pass on all contractual conditions resulting from the General Terms and Conditions as well as from our order forms to the third party within the contract and to oblige the third party to comply with these conditions. This shall also apply to the obligation under clause 1.3 of these General Terms and Conditions.
- If cooperation by the third party is required for changes of any kind, the customer shall ensure within the contract that these obligations to cooperate are complied with. Upon request, the customer shall provide us with the address data and contact person of the third party. In the event of changes, we shall be entitled to approach the third party directly in order to request its written consent to the changes. 10.3 If the third party violates contractual obligations, fails to fulfill obligations to cooperate or otherwise causes problems in granting rights of use to third parties, the customer shall be liable to us for all damages resulting therefrom. In addition, the customer shall indemnify us against all claims that both the third party and others will make against us.
11. Cancellation policy
- Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must contact us, lifehost360.com OÜ, Pudisoo küla Männimäe, 74626 Kuusalu vald, Estonia, e-mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, e-mail or via the secure online administration area) of your decision to revoke this contract. You can use the model withdrawal form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
- Consequences of revocation If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. In case of provision of services: If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
Queries and complaints
Any queries and complaints should be addressed to lifehost360.com OÜ, Pudisoo küla Männimäe, 74626 Kuusalu vald, Estonia.