General Terms and Conditions Multi-Web-Light

JAFA-Network Software Ltd. & Co. KG
Berlin
(Hereinafter referred to as Provider)

§ 1 Contracting Parties

Multi-Web-Light and the support provided by the Provider are particularly suited to the requirements of commercial use and directed at persons that use Multi-Web-Light within an entrepreneurial activity (in terms of the Civil Code). The Provider will stipulate special conditions with those who are consumers in terms of the Civil Code.

§ 2 Note for Information and Acceptance

The customer is aware of the application of the present General Terms of Service by the Provider. The possibility to take reasonable cognisance of the content was given.

§ 3 Collision with other Terms and Conditions

The contract will take effect, even without the explicit conciliation of the inclusion of contrary or other Terms and Conditions by the customer. As far as the different Terms and Conditions coincide, they shall be deemed to be agreed. In place of contradictory of provisions, statutory regulations apply. The same applies in the case that the customers Terms and Conditions include regulations, which are not included in the present Terms and Conditions. If there are any regulations included in the present Terms and Conditions, which the customers Terms and Conditions do not contain, then the present Terms of Service will apply.

§ 4 Conclusion of the Contract

By sending the order form the customer submits a binding offer to conclude a contract with the Provider. The contract is concluded, if Multi-Web-Light is set up at the customer’s location and activated for use by a sales representative of the Provider, or the customer receives the necessary access data by Multi-Web-Light needed for set up and activation.

§ 5 Object of Agreement

0. Object of Agreement is the concession for the use of the computer program Multi-Web-Light through an Internet access by the customer to administer the contractual web sites including the rental of storage space and the setup of e-mail accounts on an individual contract basis.
0. The Provider cedes to the customer the agreed storage space on a data carrier situated in Germany in accordance to the agreed technical requirements.
0. The customer may use Multi-Web-Light, process and store its data for its own purposes. Multi-Web-Light and the normal computing performance needed for contractual use will be supplied by the Provider or a designated by him server side environment.
0. The customers Internet access is not object of this agreement. The customer bears the sole responsibility for the operability of his Internet access, including the means of transmission as well as his own computer.
0. The customer is responsible for installing his own data.

§ 6 Availability of access

0. The customer is aware that the Provider does not operate its own telecommunication network and does not provide the Internet access. The Provider only owes the effort to make the data, contractually saved by the customer, accessible for the public through connection to the Internet. He is not liable for the successful Internet access if he is not responsible for the lack of accessibility.
0. The annual availability of Internet access is at 96 % annual average. Not included are downtime caused by repair and maintenance, software updates, failures due to force majeure, other network operators network failures or other causes on the part of any third party which the Provider can not be held responsible for. The customer may extraordinarily terminate the contract without previous notice if the Provider cannot achieve the availability despite warning.
0. The obligation of the Provider to cede the right to use Multi-Web-Light to the customer will be unaffected by the § 1 and 2.
0. The Provider will give the customer sufficient notice, if it is foreseeable that interferences could occur due to repair and maintenance, software updates or other important reasons.

§ 7 Compensation

0. The charges will be calculated on a monthly basis, excluding value added tax, and are payable in advance on the 1. business day of each month.
0. The single setup fee is due at the conclusion of the contract.
0. If the contracted monthly traffic allowance is exceeded, the Provider is authorized to charge 3.00 Euro per Gigabyte of additional traffic used.
0. After the period of one year, the Provider is authorized to adapt the charges to the general development of prices. This adaptation will take effect one month after notification. If the price increase exceeds 10 %, the customer is allowed to cancel the contractual relationship.

§ 8 Terms of Payment

When paying by direct debit, the customer is obliged to care for sufficient funds on his bank account. The customer will be charged for costs for negative booking operation due to the lack of funds or because of the submission of wrong data. Payments by direct debit can only be done from a bank account of a bank located in Germany.

§ 9 Contract duration and Cancellations

0. The contractual relationship commences on the agreed date. The operational deployment of the agreed service takes place on this day. The necessary access data for use of the software will be transmitted to the customer at least 24 hours in advance.
0. The contract runs for an indefinite duration. Each party may terminate the contract with one month period of notice, for the first time after the expiry of 2 months.
0. The Parties right to terminate the contract for important reason without complying with a deadline remains unaffected. An important reason is given if a contractor grossly violates expressly arranged regulations of the contract, and especially if the insolvency proceedings are opened over the assets of the other contracting party, or the other party becomes insolvent or bankrupt. An important reason is also given if the customer delays payment or a substantial part of the charge for two consecutive deadlines, or delays the payment of the charge for the period of time with more than two deadlines involved in an amount which reaches the charges of two months. An important reason for the customer could be the significant fall of the agreed availability of the software, usually assumed as such in case of fall by more than 10 %.
0. The cancellation must be in writing.
0. The customer’s user account will be deleted one month after expiration of the contract unless there is no stored data necessary for settlement of the contract. The customer is responsible to backup his data in time.
0. If the Provider has registered names on behalf of the customer domain with DENIC e.G. or other domain name registration services, the Provider will notify the registration service that he is not in authority for this domain anymore and take all actions to ensure that the domain will be consigned to a Provider designated by the customer or the registration service. Costs related to the deletion or the transfer are to be reimbursed by the customer. The customer will submit the statements necessary for deletion or transfer.

§ 10 Responsibility of the Customer, Damages

0. The customer performs periodic backups and uses up-to-date virus detection software on his own computer.
0. The customer is responsible for punctual payment of the charges. In case of arrears of payment by more than 200.00 Euro and a delay of more than two weeks the Provider is authorised to suspend the customers access. The compensation claim will not be affected by the suspension of access. The reactivation will be performed immediately after payment of the arrears.
0. The customer carries the sole responsibility for the legal content. He obliges towards the Provider that he will not store or place any content into the Internet, whose deployment, publication and use offend against criminal law, copyrights, trademarks and other identification rights or personal rights. If the customer violates this obligation, he is beside the omission of further violation bound to compensation for the resulted and incurred damage as well as the release from liability towards third parties caused by the customer by the culpable violation. The indemnity obligation includes the obligation to indemnify the Provider of all expenses of the Providers defence including all court costs and legal fees.
0. The customer is committed to the only use of compatible and not faulty software and to omit the deliberate spread of viruses and data (junk mails, spam).
0. The Provider is entitled to block illegal contents and software which peril the operating behaviour or the server’s safety. Contents which raise suspicion of breach of legal regulations, may be temporarily blocked.
0. The customer is obligated to keep confidential the login and the password data and to keep it safe from third parties access in an accurate way in order to prevent fraudulent use and loss. The user has to inform the supplier immediately if there is suspicion that a third party is aware of password and login data.
0. The Provider is authorised to terminate the agreement without observing the period of notice for an important reason if the customer does not immediately suspend content which has been blocked and he has been noticed of.
0. The customer is not permitted to use the software beyond the contractually agreed extent or to permit third party to use the software or to cede access data. If the customer culpably violates this obligation, a penalty of three months charges will be due. In addition, the Provider has the right to terminate the agreement without observing the period of notice and to block access.
0. In any case the prosecution of further claims remains reserved.

§ 11 Warranty Claims and Customers right of Cancellation

0. Defects in the software Multi-Web-Light, including manuals and other documents will be corrected within reasonable time after notification by the customer. The same applies to other defects to be corrected by the Provider relating the possibility to use the software.
0. During describing, isolating, detecting and reporting defects, the customer has to follow the directions issued by the Provider. In particular he has to state, as far as possible, precise fault reports and questions.
0. For the warranty claims the defect regulating provisions of leasing law apply.
0. The customer may not enforce a reduction in payment by deduction from the agreed charge. Corresponding claims for enrichment or indemnity remain unaffected.
0. The customers right of cancellation due to impossibility of use in accordance with § 543 paragraph 2 sentence 1 No. 1 of the Civil Code is excluded, unless the creation of contractual usage has failed.

§ 12 Limitation of Liability

0. The Provider, including his legal representatives and managerial staff, is unlimited liable only for intent and gross negligence. The liability will be limited to five times the monthly charge, if caused by vicarious agents, and narrowed to such damages which can typically be expected within the scope of this contract.
0. For simple negligence, the Provider is liable only if a duty is violated, whose compliance is of particular importance for achieving the contract’s purpose (cardinal obligation). In case of violation of a cardinal obligation the limitation of liability under paragraph 1 of this liability regulation is applicable.
0. The liability regardless of negligence or fault for existing at conclusion of the contract errors, in accordance with section 538 paragraph 1 civil code is excluded.
0. The Provider performs periodic backups of stored data. Nevertheless the customer is responsible for periodic backup of his data. For data loss caused by the Provider, he is only liable for the costs of the typical data recovery effort which would take place if correct backups would have been done.

§ 13 Concession of Rights

0. All rights to software and database components, which the Provider relinquishes to the customer for use, are entitled exclusively to the Provider. The customer receives the non-exclusive and limited right to use the software and database components within the scope of the contract and for the duration of the contract. Further rights, especially rights of reproduction, are not owned by the customer; the customer’s legal rights according to the copyright law are not affected.
0. The customer concedes to the Provider if necessary the non exclusive, non-transferable and limited to the location of the data carrier right to reproduce the contents and make them accessible through the Internet to meet the contractual obligations.

§ 14 Data Backup, Confidentiality and Privacy policy

0. The Provider will keep confidential all information and data, which the customer has made accessible to him within the scope of the contract and he will keep confidentiality towards third parties through his staff too. The confidential obligation applies after expiration of the contract for another three years.
0. The system area, allocated to the customer, is secured against access by third parties. The Provider ensures security of the customer’s data in terms of privacy policy and complies with the legal regulations of privacy protection, in particular the Tele Services Data Protection Act and the Federal Data Protection Act.
0. The Provider hereby informs the customer that personal data is collected, processed and used to the extent required for the implementation of the contractual agreement. If necessary, data will be forwarded to third parties, permissibly assigned with the implementation of this contract or any part thereof. The customer agrees that his data is saved, transmitted, deleted and blocked by the Provider under consideration of legitimate concerns of the customer and the purpose of this contract.

§ 15 Final Provisions

0. All agreements which include an amendment, complementation or substantiation to this specific contract terms, as well as specific agreements and arrangements are to be made in writing. If they have been stated by representatives or auxiliary personnel of the Provider they are only binding after the Provider’s written consent.
0. The parties agree on the application of the law of the Federal Republic of Germany in respect of any legal relationship of this contract.
0. Jurisdiction for all legal disputes arising from the implementation of this contractual relationship is Berlin.
0. The customer may only offset a claim of the Provider against undisputed or legally binding claims. If any clause should be, or will be wholly or partially void or unenforceable, the validity of the remaining clauses remains unaffected.
0. The parties agree to replace ineffective or unenforceable clauses by a valid and enforceable clause which commercially meets the next the objectives of the parties. The same applies in case of a loophole.

In case of disputes the only legally binding version of the present General Terms and Conditions is the original text in German language.

Stand: March 2008