Gumbert ISP :: Servidors Dedicats y Virtuals

Basic Terms of Contract

For all business relations between the company Gumbert ISP and the customer, the following General Terms and Conditions and the information on the web pages of ours apply.
Gumbert ISP does not accept any alternative general terms and conditions of the customer.
Gumbert ISP is entitled to change these General Terms and Conditions at any time. The changes become effective for the customer, if the customer does not object to them within 14 days of their announcement.
In the case of an objection, Gumbert ISP is entitled to terminate the contract on 1 month period of notice.
These General Terms and Conditions and the future changes to them can be accessed on the internet on the webpages of Gumbert ISP at all times.
The customer is obligated to take notice of the General Terms and Conditions of Gumbert ISP as well as all respective appendices relevant to the customer and to save them.

Governing Law

This agreement shall be governed only by
1. subsidiary agreements in writing,
2. these General Terms and Conditions,
3. the Laws of the Federal Republic of Germany exclusively in the above listed order.
A right to revoke or a return privilege in accordance with the Act on Distance Selling [Fernabsatzgesetz] does not apply if the services of Gumbert ISP are rendered as requested by the customer. In particular, this applies to the registration of the domain name given by the customer.

Offer and Conclusion of Contract

A contract is only closed through the written or electronic confirmation of the application by Gumbert ISP or if the purchase is fulfilled.
Should services of Gumbert ISP only be partially deliverable, the customer will also accept part delivery.
All prices listed on the web site of Gumbert ISP are binding and subject to change without notice.
The customer undertakes to check the order confirmation of Gumbert ISP and to notify Gumbert ISP in the event of any mistakes and/or discrepancies.

Domain Registration

In the procurement and administration of domains Gumbert ISP only acts as a mediator between the customer and the institutions authorized with the administration of the central databases and their registrars. As it has no influence on the distribution process of domain names and/or the rights of third parties involved, Gumbert ISP cannot give any guarantee for the actual registration of the domain the customer applied for or for the continued existence of a registered domain.
The customer guarantees that the domain name in the registration application and the intended use of the domain do not interfere with the rights of any third party. The customer further guarantees that no penal and monetary fine regulations nor any other legal regulations are violated.
Gumbert ISP has the right to carry out registrations via an authorized registrar, an intermediary or directly. In this respect, the terms and conditions of the registrar or the intermediary additionally apply. These terms and conditions can be accessed on the web pages of Gumbert ISP.
Domains are administered by a multitude of different, typically national organizations. Each of these organizations has different terms and conditions for the registration and administration of domains and for the proceedings in the event of domain name disputes. In so far as domains are a subject matter of the contract, the terms and conditions for the registration of domains of the respective competent organization additionally apply. The customer is obligated to take notice of these registration terms and conditions and to save them.
In the event of the registration of multilingual domain names the customer is hereby expressly informed that Gumbert ISP does not have any control of these registrations and that such services can be permanently interrupted and/or modified without prior notice. The customer bears all risk for such interruptions and/or modifications interfering with or preventing the use and/or the intended use of one or more multilingual domains. The customer accepts that the mode of operation of multilingual domains is not concurrent with that of conventional domains. The customer further accepts that due to the necessary introduction of technical innovations a multilingual domain may not necessarily function.

Dispute Resolution

The customer agrees to clarify and resolve all domain disputes in accordance with the dispute resolution regulations of the competent organization. The respective regulations are published on the web pages of Gumbert ISP. These regulations may be written in the language of the respective country and thus may differ from the contract language.
The customer accepts that Gumbert ISP in the event of arbitration may be obligated to block or cancel a domain or to transfer the domain to a third party.

Availability of Online-Systems

Gumbert ISP generally guarantees the availability of their online systems on 7 days a week, 52 weeks a year. The guaranteed mean annual availability is 97%. However, excluded are all times when maintenance work is carried out and when single or all users due to technical or other problems which are outside of the influence of Gumbert ISP - that is in particular force majeure, the acts of third parties, and so on - are not accessible on the internet. In the event of damage, the aggrieved party has to prove that Gumbert ISP is responsible for the downtimes.

Limitation of Liability

For all services of Gumbert ISP liability will be limited to intent and gross negligence.
In the case of paid services, liability in the event of gross neglicence is limited to the amount of the fee paid by the customer for the respective service or service period.
Gumbert ISP cannot be held liable for mistakes, delays of services and server downtimes outside of their influence, in particular outside of their network and databases. In the event of such disruptions, Gumbert ISP is entitled to postpone the delivery or service by the time of the duration of the disruption plus an appropriate start-up time. Gumbert ISP further has the right to limit the access to the services if the security of the network operation, the upkeep of the network integrity, in particular the avoidance of grave disturbances of the network, the software or the stored data should require such actions.
By accessing the registration system and using the services of Gumbert ISP the customer agrees to indemnify Gumbert ISP, agents, partners, ICANN, the central registry as well as all persons involved in the registration process with respect to all claims, demands, liabilities and/or costs resulting from an illegal use of a domain name registered by the customer. This also applies to all claims resulting from force majeure, intervention by government or administrative authorities, strike, unrest, war, natural disasters, scarcity of general telecommunication services or similar influences that are outside of the direct influence of Gumbert ISP.

Duration of Contract and Termination

Should Gumbert ISP within service contracts provide any services free of charge, such services can be terminated at all times without giving any reasons and notice. However, in the event of such cases Gumbert ISP will terminate the services on 1 month notice.
In the case of registration or transfer of domains, the duration of contracts and their renewals depending on the respective domain can be between 1 to 10 years.
For registered domains the contract will automatically be renewed for further 12-month periods unless the contract is terminated on at least 3 months notice before the expiration of the then current term.
For the use of web and mail space a contract with limited duration will be renewed by further 6-month periods unless it is terminated on at least 1 month notice before the expiration of the then current term. Contracts with unlimited duration as well as other contracts for the transfer of use and enjoyment, as for example file services, database storage, and so on can be terminated on 1 month notice by the end of each month. This will not effect a termination of contract for cause. A termination for cause for all services of Gumbert ISP in particular presents itself if the customer
- in the case of a contract with minimum duration is more than 14 days delayed in paying the amount of 1 monthly fee,
- in the case of all contracts with unlimited duration is more than 20 calendar days delayed in paying the fees,
- culpably violates the obligations of the contract or theTerms and Conditions,
- has clearly committed any illegal acts,
- despite warning within an appropriate period of time has not modified his web pages in such a way that they comply with the legal and contractual provisions,
- culpably violates the registration conditions or regulations.
In such cases all rights of the customer will be forfeited.
The customer will be informed on his obligation to pay no later than 30 days before the end of the term of contract. Should the fee for renewal not be paid in time for the renewal or should the customer not show the necessary balance at Gumbert ISP, that can be set against the fee, Gumbert ISP is entitled to discontinue its services and to cancel domains.
In the case of cancellation of domains, Gumbert ISP is entitled to the continuation of the complete payment for the registration for the duration of the agreed accounting period. There is no prorated refund.
Should Gumbert ISP in accordance with the terms and conditions of the respective registrar not be able to maintain the sub-level domain of the customer, Gumbert ISP has the right to terminate the contract with the customer on these services for cause on a 14 day notice by the end of the month.

Data Privacy Protection

According to Section 33 of the German Law on Data Privacy Protection [BDSG], Gumbert ISP informs his customers that within the registration processes personal data is stored and passed on to third parties involved in the registration process. This includes the storage of personal data in so-called -WHOIS- databases.
The customer guarantees that all data submitted by him is correct and complete. By changing the data via the web interface the customer further agrees that these modifications are correct and true. The customer acknowledges that providing incorrect data will lead to the immediate forfeiture of all rights resulting from the service. In such cases, there will be no refunds.
Gumbert ISP is authorized to process and use customer data to consult customers and to improve its service offer to tailor it better to the needs of the customers.
The customer at all times is entitled to be informed free of charge on his personal data stored.
The customer agrees to Gumbert ISP sending information and marketing emails to the customer-s email address.

Pricing

All prices for the complete range of services of Gumbert ISP are published on its website. These prices can be changed at any time.
For all services, only the rates and taxes published on the website on the day of the actual conclusion or reneweal of contract are applicable.

Payment

Payment by the customer can be made by debit, PayPal or by wire transfer. In the case of PayPal or bank transfer the customer is obligated to pay in advance.
Services by Gumbert ISP will only be rendered upon the customer submitting the credit card number and expiration date of the credit card or upon the crediting of the required amount to the account of Gumbert ISP through direct debit, submitted cheque or advance bank transfer. All transaction costs are to be borne by the customer.
The customer will receive a monthly invoice for all services rendered by Gumbert ISP.
The customer agrees to Gumbert ISP providing all invoices in PDF-format in a protected area.
The customer agrees that he will forfeit all rights to the services of Gumbert ISP in the event of a claim back by his bank or credit card company, in the event of credit card fraud or reversal as well as in the case of credits in the event of nonpayment upon the expiration of an appropriate period of time set by Gumbert ISP. Gumbert ISP in such cases has the right to include reserved domains in their own portfolio or to release them to third parties.
Should the customer wish to receive an invoice by regular mail, Gumbert ISP is entitled to charge 3.00 € per mailing. In the case of debit entries, Gumbert ISP additionally charges a processing fee of 8.00 € per debit plus the transaction costs of Gumbert ISP which are currently 9.00 € per debit entry.
In the event of premature termination of a contract service the payments made for this service are not refundable and there is no prorated refund.
Advance payments for domains that could not be registered will be credited to the customer-s account and will be refunded immediately upon the customer-s request. Any transaction costs for the refund will be borne by the customer.
Resellers need to show sufficient funds in their account at Gumbert ISP to cover the payments owed by contract for the commissioned registration or renewal.
Should a customer not show the necessary balance, Gumbert ISP is entitled to withhold the service without further notice or to include registered domains in their own portfolio or to release them. However, also in this case, the payment agreed by contract still remains owed.
The customer may only set his own claims against the claims of Gumbert ISP if there are no objections to these claims or if these claims have been deemed legally enforcable.

Consideration

To the extent of using web hosting services of Gumbert ISP customers are obligated to indicate the contents published by them as their own by providing their name and address. The customer agrees to identify the contents featured on his internet site as his own by providing his complete name and address. The customer is hereby informed that there may be further obligation of identification, e.g. if the internet pages offer tele services or media services.
The customer may only feature contents that do not offend any legal prohibitions, the rights of third parties, or bonos mores. In particular, the customer agrees not to offer any pornographic contents. The customer may not enter his internet presentation into search engines using keywords that would violate any legal prohibitions, the rights of third parties or bonos mores. In each case of contravention of the above mentioned provisions the customer undertakes to compensate Gumbert ISP for all damages resulting from the violation of the above mentioned provisions.
The customer agrees to indemnify Gumbert ISP with respect to all claims resulting from the violation of the above mentioned obligations.
Gumbert ISP has no obligation to check the the contents of the customer-s websites or internet presentations on possible violations of law. Upon detecting legal violations or undue contents Gumbert ISP is entitled to block such internet presentations. Gumbert ISP will immediately notify the customer of such measures.
Should third parties put forth claims against Gumbert ISP resulting from actual or alleged infringements of their rights, Gumbert ISP has the right to undertake everything to stop the delivery of such undue content.
In the event of an hacker attack, Gumbert ISP cannot be held liable in any way.
The customer is hereby informed that in the case of the use of SMS there is no possibility for checking cases of abuse. The customer undertakes not to use SMS for illegal purposes. The customer indemnifies Gumbert ISP with respect to all claims of third parties resulting from the illegal use of SMS. In the event of illegal use of SMS, Gumbert ISP has the right to block this service.

Responsibilities of the Customer

The customer undertakes to keep passwords given to him by Gumbert ISP for the access to the services strictly confidential and to notify Gumbert ISP immediately should he learn about any unauthorized access to the passwords by third parties. Should third parties receive access to services offered by Gumbert ISP through the abuse of these passwords, due to fault of the customer, the customer is liable to Gumbert ISP for all user fees and damages.
The customer agrees not to send or to have sent any emails containing any type of advertisement without the explicit agreement of the respective recipient. In particular, this applies if the respective emails all have the same content and are sent out in a mass mailing (so-called spamming). Should the customer violate this obligation, Gumbert ISP has the right to block all services immediately and to hold the customer liable for all resulting damages.
The customer undertakes to check the incoming messages in his email accounts at regular intervals of no longer than 2 weeks. Gumbert ISP is entitled to return incoming personal messages to the sender, should the capacity of the mail box prescribed in the respective package be exceeded.
The customer is obligated to design his internet presentation in such a way that he can avoid exceeding the agreed amount of traffic, e.g. by not using CGI-scripts, which require higher computing power or need more than the average memory. Gumbert ISP has the right to close web pages to customer or third-party traffic if they do not comply with the above mentioned requirements. Gumbert ISP will immediately notify the customer of such measures.
Volume for additional data transfer depending on the technical capacity of the computing centre and under consideration of the obligation to offer services to all customers will be made available by Gumbert ISP upon agreement for an additional fee based on the price list currently applicable.
The customer undertakes not to run any chats on any internet presentations at Gumbert ISP.

Entire Agreement

Modifications, amendments and terminations must be made in writing.
For commercial customers, legal persons or persons without place of jurisdiction in Germany, in the case of dispute resulting from these General Terms and Conditions with Gumbert ISP Zweibrücken is the exclusive place of performance and jurisdiction.
These General Terms and Conditions shall be governed by the Laws of the Federal Republic of Germany excluding the provisions of the uniform UN Convention on Contracts for the International Sale of Goods (CISG) on the sale of movable goods.
If any provisions of these General Terms and Conditions are held to be invalid, such invalidity will not effect the remaining provisions. All provisions deemed unenforceable due to a legal mistake or invalidity to the extent possible shall be replaced by provisions that are enforceable and correspond as much as possible to the original intent. As far as permissible, the replacement of the provisions to the above mentioned extent will be made by Gumbert ISP.
Concurrent Spanish and English versions of the General Terms and Conditions of Gumbert ISP are available. The Spanish version of these General Terms and Conditions is applicable.