Last Updated: July 1, 2023 Version: 4.0

General Terms and Conditions and Customer Information

§ 1 Basic Provisions

  • 1.1. The following terms and conditions apply to contracts concluded with us as the provider (Jan Smyrek) via the website pawhost.de / panel.pawhost.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby objected to.
  • 1.2. A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Registration as a User

  • 2.1. To book and use our services, registration as a user is required. This is free of charge and does not create any obligations. As part of the registration, a user account will be set up under your provided email address and the password you choose.

§ 3 Topping Up Credit

  • 3.1. To book and/or pay for our internet services, topping up credit is required, unless otherwise agreed. By publishing the offer to top up credit in the customer area (login), we already submit a binding offer to conclude a contract.
  • 3.2. The contract for topping up credit is concluded via the online order form as follows: In the customer area (login), you can access the online order form. In the online order form, you select the desired amount and payment method; finally, all data for topping up the credit will be displayed as an order summary. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the corresponding selection or input your data there. Finally, the order data will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop. Before submitting the order, you have the opportunity to review all information, change it, or cancel the order. By submitting the order via the corresponding button, you legally declare your acceptance of the offer, thereby concluding the contract for topping up credit.
  • 3.3. The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the reception of emails is technically ensured, and in particular that it is not prevented by spam filters.
  • 3.4. The service provision (activation of the ordered credit) takes place within 2 days after the conclusion of the contract (in case of agreed prepayment, only after the time of your payment instruction).
  • 3.5. The topped-up credit can only be used for booking and/or paying for our internet services. After termination of the contract, you have a right to reimbursement of the remaining credit. A payout of the topped-up credit during the contract term is excluded. For consumers, this only applies if the withdrawal period has expired or the right of withdrawal has lapsed.

§ 4 Conclusion of the Contract

  • 4.1. We provide you with internet services, in particular web hosting or server hosting (hereinafter: “Webhosting”) and domains. The scope of services results from the service package you have booked and the service description provided in the respective offer. By publishing the respective service offer on our website, we already submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the service description.
  • 4.2. The contract for the provision of internet services is concluded via the online shopping cart system as follows: The services intended for booking are configured and placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to Order" button (or similar designation), you enter your personal data and payment conditions. Finally, all order data will be displayed as an order summary. If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you make the corresponding selection or input your data there. Finally, the order data will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online shop. Before submitting the booking, you have the opportunity to review all information, change it (also via the "back" function of the internet browser) or cancel the booking. By submitting the booking via the corresponding button, you legally declare your acceptance of the offer, thereby concluding the contract.
  • 4.3. Your requests for a quote are non-binding for you. We will submit a binding offer to you in text form (e.g., by email), which you can accept within 5 days (unless a different period is specified in the respective offer).
  • 4.4. The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the reception of emails is technically ensured, and in particular that it is not prevented by spam filters.
  • 4.5. User Identity Verification
    • 4.5.1. Purpose of Identity Verification To ensure the security of our services and prevent fraud or misuse, we may verify the identity of our users by using the service "Stripe Identity". This serves to protect our users and the integrity of our platform.
    • 4.5.2. Scope and Method of Data Processing As part of the identity verification, Stripe collects and processes certain personal data that is necessary to confirm your identity. This may include: name, date of birth, address, and, if applicable, a photo ID. This data is used exclusively for the purpose of identity verification and is stored only as long as it is necessary for verification.
    • 4.5.3. Legal Basis The processing of your personal data within the framework of identity verification is based on your explicit consent according to Art. 6 Para. 1 lit. a DSGVO, which you grant us during the registration or verification process.
    • 4.5.4. Data Processing Agreement We have concluded a data processing agreement with Stripe, which ensures the protection of your data and Stripe's compliance with data protection standards. Stripe is obliged to take appropriate technical and organizational measures to protect your data.
    • 4.5.5. Data Transfer to Third Countries Since Stripe is a US-based company, data processing may take place in a third country. We ensure that data transfer takes place in accordance with the legal requirements of the DSGVO, including the use of standard contractual clauses that guarantee an adequate level of protection for your data.
    • 4.5.6. Your Rights You have the right to receive information about the personal data we process. In addition, you have the right to rectification, erasure or restriction of the processing of your data, as well as the right to data portability. You can revoke your consent to the processing of your personal data at any time with effect for the future.
    • 4.5.7. Revocation of Consent In the event of revocation of your consent to the processing of your personal data for identity verification purposes, we may not be able to provide you with all functions of our platform. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent until revocation.

§ 5 Service Provision for Webhosting, Obligations

  • 5.1. Our service obligations arise from the service description of the respective web hosting offer. The service provision (activation of the booked service package, transmission of access data) takes place, unless otherwise agreed, within up to 2 days after the conclusion of the contract (in case of agreed prepayment, only after the time of your payment instruction).
  • 5.2. Insofar as we grant you full and sole administration rights on the provided servers as part of web hosting, you are exclusively and solely responsible for the administration and security of your server. You are obliged to install necessary security software, to constantly inform yourself about known security vulnerabilities and to close them independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.
  • 5.3. Insofar as we provide programs, you receive a non-exclusive right to use the provided programs for the duration of the contract. You are obliged to comply with the respective license terms.
  • 5.4. You are also obliged to set up and manage your server in such a way that the security, integrity and availability of networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for sending SPAM mails and (D)DoS attacks or operating open mail relays and other systems on the server through which SPAM mails and (D)DoS attacks can be distributed. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.
  • 5.5. You have no right to have the same IP address assigned to the server for the entire contract term. We reserve the right to change it if technically or legally necessary and to assign you a new IP address in this context.
  • 5.6. We reserve the right to adapt the hardware and software used to provide the services to the respective state of the art and to inform you in good time of any additional requirements that may arise for the content you store on our servers. We undertake to make such adaptations only to a reasonable extent for you and taking your interests into account.
  • 5.7. We provide our services with an availability of 99% on a monthly average, unless a different availability is specified in the respective service offer. Downtimes due to regular or sporadic maintenance are included herein. Excluded from this are times when the server is unavailable due to technical or other problems that are beyond our control (force majeure, fault of third parties, etc.).
  • 5.8. We assume no liability for data loss caused by aborted data transfers or technical failures. Each customer is encouraged to perform backups independently and to use their own solutions or third-party services for this purpose. PawHost offers an implemented function for storing snapshots. This excludes dedicated servers and colocation services. PawHost cannot be held responsible for data loss due to force majeure, such as natural disasters. Personal configurations, such as RAID settings and backup cycles, especially for dedicated servers, are always the sole responsibility of the customer.

§ 6 Domain Administration

  • 6.1. When procuring and/or maintaining domains, we act merely as an intermediary between you and the registries. We are obliged to prepare and transmit a fully completed application for the registration of the domains you wish, in accordance with the regulations of the respective registration authority (e.g., Denic eG). No guarantee can be given for the transfer, allocation or permanent existence of domains in your favor; in this regard, the registration conditions of the registries apply. You guarantee that the domain you have applied for or that has already been registered for you does not infringe any third-party rights. You are further obliged to notify us immediately of any loss of your domain.
  • 6.2. We are entitled to activate a domain only after payment of the agreed fees. Likewise, after termination of the contract, we may refuse to release the domain until you have fulfilled all payment obligations arising from the contract with us.
  • 6.3. If you do not give clear instructions for the transfer or deletion of the domain upon termination of the contract, we may return the domain to the competent registry or have it deleted after the end of the contract and after a reasonable period. The same applies if we can refuse to release the domain in accordance with paragraph 2 above.

§ 7 Further Obligations on Your Part

  • 7.1. You must inform us immediately of any changes to the data required for the fulfillment of the contract. Passwords and other access data must be kept strictly confidential.
  • 7.2. You are obliged to design your domain and the content retrievable thereunder in such a way that excessive load on our servers, e.g., by scripts that require high computing power or consume an above-average amount of memory, is avoided. We are entitled to exclude websites or servers that do not meet the above requirements from access by you or by third parties. You will be informed immediately of such a measure.
  • 7.3. You guarantee that your domains and the content retrievable thereunder do not violate legal provisions or public morals and do not infringe any third-party rights. This applies in particular to the legal regulations on provider identification, copyright, trademark, personality and other proprietary rights, distance selling law, competition law, criminal law and data protection law. We are not obliged to check your domains and the content retrievable thereunder for possible legal violations. After identifying legal violations or inadmissible content, we are entitled to block the content and make the relevant domain inaccessible. You will be informed immediately of such measures. You shall indemnify us against all claims arising from a violation of the above obligations for which you are responsible. This also includes the costs of our necessary legal defense, including all court and attorney fees.
  • 7.4. Unless otherwise stated in the respective offer, you must create backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for the creation of data backup copies. In the event of data loss, you will transfer the relevant data sets to our servers again free of charge.
  • 7.5. If a certain data transfer volume (traffic) has been agreed, you are obliged to ensure that this traffic is not exceeded. Traffic is generally to be treated as "Fair Use".

§ 8 Contract Term, Termination

  • 8.1. The contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the "initial term". An initial term of more than 2 years cannot be agreed upon.
  • 8.2. If the contract is not terminated by one of the parties one month before the end of the initial term (unless a shorter period is stipulated in the respective offer), it will be tacitly extended indefinitely. The extended contractual relationship can be terminated at any time with a notice period of one month (unless a shorter period is stipulated in the respective offer).
  • 8.3. If prepayment has been agreed, payment will be made in advance for this term (prepaid period). In your user account, you can extend the contract by further prepayment for the desired additional term. If no further extension or prepayment is made by the end of the respective prepaid period, the contract automatically ends at the end of the prepaid period; no additional termination by you is required.
  • 8.4. The right to extraordinary termination for good cause remains unaffected. In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations under these GTC. In the event of extraordinary termination by us, you are obliged to pay damages.
  • 8.5. Due to the legal basis of the GwG (Money Laundering Act) and the terms and conditions of some payment service providers, existing credit cannot be paid out. The credit remains in the customer account without an expiration date.
  • 8.6. Any termination must be declared and transmitted either in text form (e.g., email) or via the termination button integrated on our website (“Terminate contracts here” or similar designation).

§ 9 Right of Retention

  • 9.1. You can only exercise a right of retention if it concerns claims from the same contractual relationship.

§ 10 Choice of Law

  • 10.1. German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
  • 10.2. The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected.
  • 10.3. The provisions of the UN Sales Convention are expressly not applicable.

II. Customer Information

1. Identity of the Seller

Jan Smyrek Gerichtstr. 15 58540 Meinerzhagen Germany

Phone: +492354 9079690 Email: infoatpawhost.de

Alternative Dispute Resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

  • 3.1. The contract language is German.
  • 3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and Payment Modalities

  • 5.1. The prices quoted in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.
  • 5.2. Costs incurred for money transfers (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where our service is provided in an EU member state, but the payment was initiated outside the European Union.
  • 5.3. The payment methods available to you are listed under a correspondingly labeled button on our website or in the respective offer.
  • 5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
  • 5.5. With the contract confirmation or at the beginning of each further billing period, you will receive an invoice from us by email for the incurred fees.

6. Statutory Liability for Defects

The statutory liability for defects applies.

7. Contract Term / Termination

Information on the term of the contract and the termination conditions can be found in the regulation "Contract Term / Termination for Subscription Contracts" in our General Terms and Conditions (Part I) and in the respective offer.

These General Terms and Conditions and customer information were created by the IT law specialists of the Händlerbund and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.

Last updated: 29.11.2022

PawHost GTC For suggestions and/or questions, please contact us at info@pawhost.de.