Terms & Conditions

Scope

1. These Terms & Conditions apply to all contractual relationships between creoline GmbH, Bergstraße 9 a, 48341 Altenberge (hereinafter the “Provider”), and its customers.
2. The Provider does not conclude contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB). By registering, the customer declares that they are not a consumer.
3. These Terms & Conditions of the Provider apply exclusively. Deviating, conflicting, or supplementary terms of the customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to their validity. This requirement of consent applies in every case, for example even if the Provider performs services unconditionally in the knowledge of the customer’s terms.
4. These Terms & Conditions apply to customers who are entrepreneurs for all future contractual relationships with the customer, even if they are not expressly included again later.
5. The Data Processing Agreement (DPA) applies. It can be accessed at https://dl.creoline.com/space/legal.

Provider’s Services

1. The agreed scope of services is set out in the service description applicable at the time the contract is concluded.
2. The Provider is entitled to engage third parties as subcontractors to provide the agreed services.
3. The Provider performs regular data backups. Customers are not entitled to receive backups in the form of storage media, but only to the restoration of the backed-up content to the provided storage space.
4. The Provider renders certain services free of charge beyond the agreed scope. No entitlement arises to such services, and they may be modified or discontinued at any time within a reasonable period and with due regard to customers’ legitimate interests.

Service Changes, Data Migration

1. The Provider reserves the right to subsequently change or deviate from contractually agreed services if this is technically, legally, and/or economically necessary. The change or deviation must be reasonable for the customer, taking the Provider’s interests into account.
2. If required due to the customer’s usage or for reasons on the Provider’s side, the Provider reserves the right to migrate the customer’s data to another server environment (data migration) to improve the service (availability, performance, scope). The Provider will ensure that the data migration is reasonable for the customer, taking their interests into account.
3. As a rule, a product is assigned a fixed IP address for the entire contract term where possible. However, the Provider is entitled to change the assigned IP address if this is necessary for technical and/or organizational reasons.

Domain Registration

1. The customer may commission the Provider to apply for and register domains with the relevant registries. The Provider provides the following services for this purpose:
2. The Provider undertakes all necessary factual and technical actions to register the domain desired by the customer.
3. The Provider first checks whether the domain desired by the customer has already been assigned to third parties. If this is the case, the Provider will inform the customer without delay. No further obligations exist with regard to domains already assigned.
4. If the desired domain has not yet been assigned to third parties, the Provider will apply for registration of the domain with the relevant registries on behalf of the customer. The Provider is not liable for domain availability.
5. The Provider does not owe the success of the registry’s activities.
6. The customer undertakes to accept the respective terms and conditions of the registries (e.g., DENIC e.G.) applicable to the relevant top-level domain. The content of these terms and conditions is available on the internet. Upon request, the Provider will inform the customer of the exact source. The customer shall inform the Provider without delay if they do not wish to accept certain terms and conditions of registries.
7. When registering domains, some registries (e.g., DENIC e.G.) require a natural person to be specified as the holder and/or general contact for inquiries. The customer shall inform the Provider which person is to be named. The customer undertakes to ensure that the person named complies with the registries’ terms and conditions and fulfills the resulting obligations. The customer indemnifies the Provider in this respect against any liability.
8. The customer is liable for violations of third-party rights by the desired domain (e.g., rights relating to names, trademarks, competition).
9. If the customer terminates their contractual relationship with the Provider, the contractual relationship with the relevant registry is not affected. The Provider will terminate this relationship in the customer’s name only upon the customer’s express request. If, despite termination of the contract with the Provider, the customer does not provide timely instructions regarding the domain’s disposition, the Provider will transfer the domain to the registry’s direct management and discontinue its own services.

Conclusion of Contract, Correction Options, Contract Language

1. The presentation of services on the Provider’s website does not constitute legally binding offers to conclude a contract but non-binding invitations for the customer to submit a legally binding offer. Customers can submit such an offer by selecting the desired services and completing the ordering process.
2. The Provider immediately confirms receipt of the offer by e-mail. This confirmation of receipt does not constitute acceptance of the offer.
3. The Provider may accept the offer within two days, starting from the day after the customer submits the offer, by the following alternatives:
   1. The Provider sends an order confirmation by e-mail. The decisive time is when the order confirmation is received.
   2. The Provider begins providing the ordered services. The decisive time is when the ordered services are available.
   3. The Provider requests payment from the customer. The decisive time is when the payment request is received.
   4. If the customer uses a payment method where the payment instruction is issued during the ordering process or by clicking the button that completes the order, or immediately after completion, the Provider hereby declares acceptance of the offer at the time the customer issues the payment instruction. Whether and for which payment methods this applies can be found in the payment terms.
4. If several of the alternatives described above occur, the earliest in time shall be decisive for acceptance.
5. If the Provider does not accept the offer in time, it is deemed rejected. The customer is then no longer bound by the offer.
6. Customers can review their entries and identify input errors at any time before submitting an order. If necessary, browser functions can be used to enlarge the display of entries. Entries can be corrected using the correction aids provided in the ordering process. The ordering process can be canceled at any time before submitting an order by closing the browser.
7. The Provider stores the contract text after conclusion. The order data will be sent to the customer by e-mail. The contract text is no longer accessible to the customer after conclusion. The current version of the Terms & Conditions can be viewed and downloaded at any time on the website.
8. The language available for concluding the contract is German.

Availability, Service Level Agreement

1. The overall availability granted by the Provider for a product is derived from the respective service description and the separately accessible Service Level Agreement (SLA). Percentage figures refer to the annual average at the handover point. The handover point is the router exit of the respective data center used.
2. Availability means the customer’s ability to use all core functions. Maintenance times and times of disruption within the rectification time are deemed times of availability. Times of insignificant disruptions are also disregarded when calculating availability. The Provider’s measuring instruments in the data center are decisive for proving availability.
3. The customer must report errors and disruptions to the Provider without undue delay.
4. The Provider regularly carries out maintenance work. Where this involves service outages, the Provider will, where possible, perform maintenance during periods of typically low demand.
5. The Provider is entitled to update the software provided at any time and, in particular, to make adjustments due to changes in the legal situation, technical developments, or to improve IT security. The Provider will adequately consider the customer’s legitimate interests and inform them in good time about necessary updates. In the event of a significant impairment of the customer’s legitimate interests, the customer has a special termination right.
6. All other details are governed by the separately accessible Service Level Agreement (SLA).

Customer Obligations

1. The customer must protect and store their access data against third-party access in accordance with the state of the art. In particular, complex passwords must be used and changed regularly.
2. The customer is obligated to provide correct and complete contract data and to inform the Provider without delay of any changes.
3. The customer shall ensure that the services are used only within the contractually agreed scope. Unauthorized access must be reported to the Provider without delay.
4. The Provider offers customers functions for automatic and manual data backups. However, the customer is responsible for adequately backing up data stored with the Provider and must create their own backup copies that allow independent data restoration.
5. Likewise, the customer is obligated to back up their data independently before the end of the contract. The Provider will provide reasonable support upon request and where necessary. After contract end, it is not possible to release or restore data. The Provider will notify the customer of this in good time before the end of the contract.

Prohibited Use

1. Customers may not upload content that violates applicable law (in particular youth protection regulations) or infringes third-party rights (e.g., copyrights, trademark and other industrial property rights, data protection rights, personality rights, right to one’s own image).
2. In particular, customers must not publish content that is racist, pornographic, obscene or vulgar, glorifies violence, is otherwise immoral, insulting or injurious. They must also not publish links to websites that contain such content.
3. Customers must not install programs, scripts, or similar that jeopardize or impair the Provider’s services, in particular the security and integrity of servers and communication means. Excessive server load must be avoided. Excessive load may, in particular, be caused by scripts not contained in the Provider’s program library.
4. The following uses of the Provider’s services are specifically prohibited:
   1. pornographic content, as well as offering and promoting goods and services with pornographic and/or erotic content;
   2. operating download or streaming portals, or comparable use for mass distribution of files (filesharing);
   3. operating phishing sites, distributing malware (viruses, trojans, ransomware, spyware, etc.), and operating botnets;
   4. mining cryptocurrencies;
   5. sending unsolicited e-mail advertising (spam);
   6. conducting public gambling or offering, promoting, and/or comparing websites that operate gambling;
   7. content that discloses other persons’ identities (name, address, e-mail, phone number, ID number, etc.) (doxxing) and/or serves to bully others;
   8. extremist content and/or content calling for violence and hate against groups of persons and/or organizations;
   9. content offering or promoting prohibited or dangerous substances or items (e.g., drugs, weapons, etc.).

Abuse Reports, Usage Restrictions

1. The Provider is generally not responsible for content posted by customers. If the Provider becomes aware of an infringement, it will, after reasonable review, act without delay and remove the infringement or block access to it depending on the nature and severity.
2. The Provider reserves the following measures if the customer culpably violates their obligations or uses the services unlawfully and/or in breach of contract:
   1. exclusion of individual functionalities;
   2. blocking the customer’s access, temporarily or permanently depending on the severity of the violation;
   3. partial or complete blocking or deletion of content;
   4. extraordinary termination of the contract for good cause;
3. If the Provider receives a report of a possible infringement or violation (abuse report), the Provider will confront the customer with the allegation and give them the opportunity to comment. This applies only insofar as the reported infringement or violation is not obvious.
4. In the event of a block, access will only be restored once the infringement or violation has been permanently remedied and/or the customer has submitted an adequate cease-and-desist undertaking subject to penalty. If the customer is responsible for the infringement or violation, they remain obligated to pay the agreed remuneration during the blocking period.

Indemnification

The customer shall indemnify the Provider upon first demand against all third-party claims asserted against the Provider in connection with an infringement caused by the customer when using the Provider’s services. The indemnification also includes reimbursement of costs incurred through necessary and reasonable legal defense.

Payment Terms

1. The amount of remuneration, the billing period, and the due date are each set out in the service description applicable at the time the contract is concluded.
2. Unless otherwise agreed, the agreed remuneration for non-usage-based services is due at the beginning of the agreed billing period. The remuneration for usage-based services is due at the end of the agreed billing period after corresponding invoicing.
3. The Provider makes invoices available to customers as files for download and printing in the login area.
4. The details of payment processing depend on the payment method selected by the customer and the payment service provider used. The customer is informed about the payment service provider and its terms during the ordering process or later when selecting the desired payment method.
5. The customer is obligated to maintain a valid means of payment corresponding to the chosen payment method throughout the contract term and to keep it up to date.
6. Without payment, the customer is in default at the latest 14 days after the invoice is made available. If the Provider grants a longer payment period on the invoice, the customer is in default upon expiry of this longer period. No separate reminder is required after the expiry of the aforementioned periods.
7. If the customer is in default with at least an average monthly invoice amount and, even after a separate deadline of at least 14 days following the occurrence of default, no payment is made, the Provider is entitled to suspend its services for the duration of the default. In this case, the Provider will block the customer’s access and suspend the hosting services affected by the default. The customer remains obligated to pay the agreed remuneration even in the event of temporary suspension of services under this paragraph.

Term, Termination

1. The contract term is set out in the service description applicable at the time the contract is concluded.
2. In the case of automatic renewal and unless otherwise agreed, a notice period of 14 days to the end of the respective contract term applies.
3. The right to extraordinary termination for good cause remains unaffected.
4. If the customer is in default of payment for two consecutive months with the remuneration or a not insignificant part thereof, or within a period extending over more than two months with an amount equal to two months’ remuneration, the Provider is entitled to terminate the contract without notice.
5. The assertion of claims due to default remains reserved for the Provider.
6. Upon termination of the contract, the Provider will delete all data stored for the customer without delay. The Provider will inform the customer of this in good time before the end of the contract. In the event of sudden contract termination, e.g., due to termination for cause without notice, the Provider will inform the customer of the impending deletion and make the data available for 14 days from notification, but at least until the end of the contract.

Liability

1. The Provider is liable without limitation:
   • in cases of fraudulent intent, intent, or gross negligence;
   • within the scope of an expressly assumed guarantee;
   • for damages resulting from injury to life, body, or health;
   • for breach of an essential contractual obligation, the fulfillment of which enables the proper execution of this contract in the first place and on whose compliance the customer regularly relies and may rely (“cardinal obligation”), but limited to the damage reasonably foreseeable at the time of conclusion of the contract;
   • under the provisions of the German Product Liability Act.
2. Otherwise, liability of the Provider is excluded.
3. The Provider is not liable for defects already existing at the time of contract conclusion, unless paragraph 1 applies.
4. The above liability rules apply accordingly to the conduct of and claims against the Provider’s employees, legal representatives, and vicarious agents.

Reservation of Changes, Price Adjustment

1. The Provider is entitled to amend and adapt these Terms & Conditions during the contract term if this is technically, legally, and/or economically necessary. The Provider will send the amended terms to the customer in text form and specifically point out the new regulations. At the same time, the Provider will grant the customer a reasonable period to declare whether they accept the amended Terms & Conditions for continued use of the services. If no declaration is made within this period, the amended terms are deemed agreed. The Provider will expressly point out this legal consequence at the beginning of the period.
2. The Provider is entitled to adjust the prices agreed with the customer at its reasonable discretion to reflect changes in the costs relevant to the price calculation. In line with cost developments upwards or downwards, the Provider will reduce or, where applicable, increase prices accordingly. Relevant cost factors include, for example, costs of operating and maintaining IT infrastructure, personnel costs, sales and marketing costs, as well as financing costs, taxes, and other levies. The Provider will consider a price increase, for example, if the cost development leads to an increase in the total costs for providing the agreed services. The Provider will inform customers in good time of planned price adjustments. Price adjustments take effect at the earliest for the next billing period. Customers’ ordinary termination rights remain unaffected.

Data Protection

Insofar as the Provider processes data on behalf of the customer (commissioned processing pursuant to Art. 28 GDPR), the customer concludes the corresponding Data Processing Agreement (DPA) with the Provider using the function provided for this purpose.

Miscellaneous

1. The law of the Federal Republic of Germany applies.
2. The place of jurisdiction—where the customer is a merchant, a legal entity under public law, or a special fund under public law—is the Provider’s registered office.
3. Should individual provisions of this contract be invalid or unenforceable, the validity of the remaining provisions shall not be affected. The parties shall replace such provisions with valid and enforceable provisions that come as close as possible to the meaning and economic purpose as well as the parties’ intent at the time of conclusion. The same applies in the event of a contractual gap.
4. The Provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.